S T A T E O F N E W Y O R K
________________________________________________________________________
512--A
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Economic Development -- recommitted to the Committee on Economic
Development in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the alcoholic beverage control law, in relation to
procedures associated with issuing retail and special retail licenses
to sell liquor for on-premises consumption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 8 of section 100 of the alcoholic beverage
control law, as added by chapter 256 of the laws of 1978, and as renum-
bered by chapter 466 of the laws of 2015, is amended to read as follows:
8. Within ten days after filing a new application to sell liquor at
retail under section sixty-three[, sixty-four, sixty-four-a] or sixty-
four-b of this chapter, a notice thereof, in the form prescribed by the
authority, shall be posted by the applicant in a conspicuous place at
the entrance to the proposed premises. The applicant shall make reason-
able efforts to insure such notice shall remain posted throughout the
pendency of the application. The provisions hereof shall apply only
where no retail liquor license has previously been granted for the
proposed premise and shall, specifically, not be applicable to a
proposed sale of an existing business engaged in the retail sale of
liquor. The authority may adopt such rules AS it may deem necessary to
carry out the purpose of this subdivision.
S 2. Section 100 of the alcoholic beverage control law is amended by
adding a new subdivision 9 to read as follows:
9. (A) WITHIN TEN DAYS AFTER FILING A NEW APPLICATION TO SELL LIQUOR
AT RETAIL UNDER SECTION SIXTY-FOUR OR SIXTY-FOUR-A OF THIS CHAPTER, A
NOTICE THEREOF SHALL BE POSTED BY THE APPLICANT IN A CONSPICUOUS PLACE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01133-02-6
A. 512--A 2
AT THE ENTRANCE TO THE PROPOSED PREMISES. SAID NOTICE SHALL BE IN A FORM
PRESCRIBED BY THE AUTHORITY, PROVIDED HOWEVER THAT SAID NOTICE SHALL BE
EITHER PRINTED OR HIGHLIGHTED IN A PINK INK OF A NEON, LUMINOUS OR
FLUORESCENT VARIETY (SUCH AS "DAY-GLO" INK). THE APPLICANT SHALL MAKE
REASONABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED THROUGHOUT
THE PENDENCY OF THE APPLICATION. ADDITIONALLY, WITHIN TEN DAYS OF THE
APPLICANT'S RECEIPT OF A WRITTEN REQUEST FROM THE AUTHORITY, THE APPLI-
CANT SHALL RE-POST SUCH NOTICE. THE PROVISIONS OF THIS PARAGRAPH SHALL
APPLY ONLY WHERE NO RETAIL LIQUOR LICENSE HAS PREVIOUSLY BEEN GRANTED
FOR THE PROPOSED PREMISES AND SHALL, SPECIFICALLY, NOT BE APPLICABLE TO
A PROPOSED SALE OF AN EXISTING BUSINESS ENGAGED IN THE RETAIL SALE OF
LIQUOR. THE AUTHORITY MAY ADOPT SUCH RULES AS IT MAY DEEM NECESSARY TO
CARRY OUT THE PURPOSE OF THIS PARAGRAPH.
(B) WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF WRITTEN NOTICE OF A
HEARING SCHEDULED PURSUANT TO SECTION SIXTY-FOUR OR SIXTY-FOUR-A OF THIS
CHAPTER, THE APPLICANT SHALL POST A COPY OF SUCH NOTICE IN A CONSPICUOUS
PLACE AT THE ENTRANCE TO THE PROPOSED PREMISES. THIS NOTICE SHALL
INCLUDE IN CLEAR AND CONCISE LANGUAGE A STATEMENT OF THE PROPOSED USE
AND CAPACITY OF THE PROPOSED PREMISES. THE APPLICANT SHALL MAKE REASON-
ABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED UNTIL THE DATE OF
THE HEARING OR PUBLIC MEETING SPECIFIED IN SUCH NOTICE. ADDITIONALLY,
WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF A WRITTEN REQUEST FROM THE
AUTHORITY, THE APPLICANT SHALL RE-POST SUCH NOTICE. THE PROVISIONS OF
THIS PARAGRAPH SHALL APPLY ONLY WHERE NO RETAIL LIQUOR LICENSE HAS
PREVIOUSLY BEEN GRANTED FOR THE PROPOSED PREMISES AND SHALL, SPECIF-
ICALLY, NOT BE APPLICABLE TO A PROPOSED SALE OF AN EXISTING BUSINESS
ENGAGED IN THE RETAIL SALE OF LIQUOR. THE AUTHORITY MAY ADOPT SUCH RULES
AS IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSE OF THIS PARAGRAPH.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all applications made under section
64 or 64-a of the alcoholic beverage control law for a retail license,
or special retail license, to sell liquor for on-premises consumption
that are pending before or filed with the state liquor authority on or
after such effective date. Effective immediately any rules or regu-
lations necessary or convenient to implement the provisions of this act
are authorized to be promulgated on or before such effective date.