S T A T E O F N E W Y O R K
________________________________________________________________________
542
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. LENTOL, GOTTFRIED -- read once and referred to
the Committee on Economic Development
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 regarding premises located
within five hundred feet of three or more existing premises in cities,
towns and villages having a population of twenty thousand or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (f) of subdivision 7 of section 64 of the alco-
holic 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01345-01-5
A. 542 2
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 of
any hearing scheduled pursuant to this paragraph AND SHALL INCLUDE THE
DATE, TIME AND PLACE THEREOF. IN ADDITION, SUCH NOTICE TO THE MUNICI-
PALITY OR COMMUNITY BOARD OF A HEARING SCHEDULED PURSUANT TO THIS PARA-
GRAPH SHALL INCLUDE A COPY OF THE APPLICATION FOR SAID LICENSE.
PROVIDED, HOWEVER, THAT THE COPY OF SAID APPLICATION INCLUDED WITH SAID
NOTICE SHALL NOT INCLUDE THE HOME ADDRESS, HOME TELEPHONE NUMBER OR
SOCIAL SECURITY NUMBER OF ANY INDIVIDUAL; AND PROVIDED FURTHER THAT THE
AUTHORITY, IN ITS DISCRETION, MAY REDACT ANY OTHER PERSONAL INFORMATION
CONTAINED IN SUCH APPLICATION IN ORDER TO PREVENT AN UNWARRANTED INVA-
SION OF AN INDIVIDUAL'S PRIVACY. Upon the request of the authority, any
municipality or community board may waive the fifteen 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 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 2. 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 of any hear-
ing scheduled pursuant to this paragraph AND SHALL INCLUDE THE DATE,
TIME AND PLACE THEREOF. Upon the request of the authority, any munici-
pality or community board may waive the fifteen day notice requirement.
IN ADDITION, SUCH NOTICE TO THE MUNICIPALITY OR COMMUNITY BOARD OF A
HEARING SCHEDULED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE A COPY OF THE
APPLICATION FOR SAID LICENSE. PROVIDED, HOWEVER, THAT THE COPY OF SAID
APPLICATION INCLUDED WITH SAID NOTICE SHALL NOT INCLUDE THE HOME
ADDRESS, HOME TELEPHONE NUMBER OR SOCIAL SECURITY NUMBER OF ANY INDIVID-
UAL; AND PROVIDED FURTHER THAT THE AUTHORITY, IN ITS DISCRETION, MAY
REDACT ANY OTHER PERSONAL INFORMATION CONTAINED IN SUCH APPLICATION IN
ORDER TO PREVENT AN UNWARRANTED INVASION OF AN INDIVIDUAL'S PRIVACY. 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 municipality or community board.
A. 542 3
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 3. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all applications for a retail
license, or special retail license, for on-premises consumption for
premises within five hundred feet of existing licensed premises that are
pending before or filed with the state liquor authority on or after such
effective date. Effective immediately any rules or regulations neces-
sary or convenient to implement the provisions of this act are author-
ized to be promulgated on or before such effective date.