S T A T E O F N E W Y O R K
________________________________________________________________________
5003
2015-2016 Regular Sessions
I N A S S E M B L Y
February 10, 2015
___________
Introduced by M. of A. MOYA -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
creating a liaison between the state liquor authority and local commu-
nity boards and providing a sixty day notification period for communi-
ty boards before the issuance of a new license, renewal of a license
or alteration of a license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The alcoholic beverage control law is amended by adding a
new section 110-c to read as follows:
S 110-C. AUTHORITY COMMUNITY LIAISON. 1. THE AUTHORITY SHALL APPOINT A
COMMUNITY LIAISON FOR EACH COMMUNITY BOARD IN THE CITY OF NEW YORK.
2. THE COMMUNITY LIAISON IS REQUIRED TO ENSURE THAT THE COMMUNITY
BOARD RECEIVES ALL PROPER NOTIFICATIONS OF LICENSE ISSUANCE, RENEWAL OR
ALTERATIONS THAT ARE REQUIRED UNDER THE PROVISIONS OF THIS CHAPTER.
3. THE COMMUNITY LIAISON IS RESPONSIBLE FOR:
(A) ATTENDING THE MEETINGS OF THE COMMUNITY BOARD, UPON THE REQUEST OF
SUCH COMMUNITY BOARD, FOR WHICH HE OR SHE IS ACTING AS THE LIAISON;
(B) SUBMITTING REPORTS TO THE AUTHORITY WITH RESPECT TO ISSUES OF
CONCERN OF THE COMMUNITY BOARD FOR WHICH HE OR SHE IS THE LIAISON;
(C) SUBMITTING ANY COMMUNITY BOARD RECOMMENDATIONS TO THE AUTHORITY;
AND
(D) INFORMING THE COMMUNITY BOARD OF EVERY REGULARLY SCHEDULED MEETING
OF THE LIQUOR AUTHORITY AND PROVIDING AN AGENDA FOR SUCH MEETING AT
LEAST FIFTEEN DAYS PRIOR TO THE MEETING.
S 2. The opening paragraph of subdivision 1 of section 110-b of the
alcoholic beverage control law, as amended by chapter 560 of the laws of
2011, is amended to read as follows:
Not less than thirty days before filing any of the following applica-
tions WITH THE STATE LIQUOR AUTHORITY IF A PREMISES IS LOCATED WITHIN A
MUNICIPALITY OR NOT LESS THAN SIXTY DAYS BEFORE FILING ANY OF THE
FOLLOWING APPLICATIONS WITH THE STATE LIQUOR AUTHORITY IF A PREMISES IS
LOCATED WITHIN THE CITY OF NEW YORK, an applicant shall notify the muni-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00352-01-5
A. 5003 2
cipality OR THE COMMUNITY BOARD in which the premises is located of such
applicant's intent to file such an application:
S 3. Paragraph (f) of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 185 of the laws of 2012, is
amended to read as follows:
(f) Notwithstanding the provisions of paragraph (b) of this subdivi-
sion, the authority may issue a license pursuant to this section for a
premises which shall be within five hundred feet of three or more exist-
ing premises licensed and operating pursuant to this section and
sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
of this article if, after consultation with the municipality or communi-
ty board, it determines that granting such license would be in the
public interest. Before it may issue any such license, the authority
shall conduct a hearing, upon notice to the applicant and the munici-
pality or community board, and shall state and file in its office its
reasons therefor. The hearing may be rescheduled, adjourned or contin-
ued, and the authority shall give notice to the applicant and the muni-
cipality or community board of any such rescheduled, adjourned or
continued hearing. Before the authority issues any said license, the
authority or one or more of the commissioners thereof may, in addition
to the hearing required by this paragraph, also conduct a public meeting
regarding said license, upon notice to the applicant and the munici-
pality or community board. The public meeting may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such resched-
uled, adjourned or continued public meeting. Notice to the municipality
or community board shall mean written notice mailed by the authority to
such municipality [or community board] at least fifteen days in advance
OR TO SUCH COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hear-
ing scheduled pursuant to this paragraph. Upon the request of the
authority, any municipality [or community board] may waive the fifteen
day notice requirement OR ANY COMMUNITY BOARD MAY WAIVE THE THIRTY DAY
REQUIREMENT. No premises having been granted a license pursuant to this
section shall be denied a renewal of such license upon the grounds that
such premises are within five hundred feet of a building or buildings
wherein three or more premises are licensed and operating pursuant to
this section and sections sixty-four-a, sixty-four-b, sixty-four-c,
and/or sixty-four-d of this article.
S 4. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
beverage control law, as amended by chapter 185 of the laws of 2012, is
amended to read as follows:
(d) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
sixty-four-d of this article if, after consultation with the munici-
pality or community board, it determines that granting such license
would be in the public interest. Before it may issue any such license,
the authority shall conduct a hearing, upon notice to the applicant and
the municipality or community board, and shall state and file in its
office its reasons therefor. Notice to the municipality or community
board shall mean written notice mailed by the authority to such munici-
pality [or community board] at least fifteen days in advance OR TO SUCH
COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hearing scheduled
pursuant to this paragraph. Upon the request of the authority, any muni-
A. 5003 3
cipality [or community board] may waive the fifteen day notice require-
ment OR ANY COMMUNITY BOARD MAY WAIVE THE THIRTY DAY NOTICE REQUIREMENT.
The hearing may be rescheduled, adjourned or continued, and the authori-
ty shall give notice to the applicant and the municipality or community
board of any such rescheduled, adjourned or continued hearing. Before
the authority issues any said license, the authority or one or more of
the commissioners thereof may, in addition to the hearing required by
this paragraph, also conduct a public meeting regarding said license,
upon notice to the applicant and the municipality or community board.
The public meeting may be rescheduled, adjourned or continued, and the
authority shall give notice to the applicant and the municipality or
community board of any such rescheduled, adjourned or continued public
meeting. No premises having been granted a license pursuant to this
section shall be denied a renewal of such license upon the grounds that
such premises are within five hundred feet of a building or buildings
wherein three or more premises are licensed and operating pursuant to
this section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
sixty-four-d of this article.
S 5. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
beverage control law, as amended by chapter 185 of the laws of 2012, is
amended to read as follows:
(c) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-a, sixty-four-b and/or
sixty-four-d of this article if, after consultation with the munici-
pality or community board, it determines that granting such license
would be in the public interest. Before it may issue any such license,
the authority shall conduct a hearing, upon notice to the applicant and
the municipality or community board, and shall state and file in its
office its reasons therefor. The hearing may be rescheduled, adjourned
or continued, and the authority shall give notice to the applicant and
the municipality or community board of any such rescheduled, adjourned
or continued hearing. Before the authority issues any said license, the
authority or one or more of the commissioners thereof may, in addition
to the hearing required by this paragraph, also conduct a public meeting
regarding said license, upon notice to the applicant and the munici-
pality or community board. The public meeting may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such resched-
uled, adjourned or continued public meeting. Notice to the municipality
or community board shall mean written notice mailed by the authority to
such municipality [or community board] at least fifteen days in advance
OR TO SUCH COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hear-
ing scheduled pursuant to this paragraph. Upon the request of the
authority, any municipality [or community board] may waive the fifteen
day notice requirement OR ANY COMMUNITY BOARD MAY WAIVE THE THIRTY DAY
NOTICE REQUIREMENT. No premises having been granted a license pursuant
to this section shall be denied a renewal of such license upon the
grounds that such premises are within five hundred feet of a building or
buildings wherein three or more premises are operating and licensed
pursuant to this section or sections sixty-four, sixty-four-a, sixty-
four-b and/or sixty-four-d of this article.
S 6. This act shall take effect immediately.