Assembly Bill A9907

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9907

                          I N  A S S E M B L Y

                             April 26, 2016
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
  Committee on Economic Development

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  authorizing the state liquor authority to impose a one year moratorium
  on  the issuance of new licenses to sell liquor on premises in certain
  instances

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section  17 of the alcoholic beverage
control law, as amended by chapter 118 of the laws of 2012,  is  amended
to read as follows:
  2.  To limit in its discretion the number of licenses of each class to
be issued within the state or any political subdivision thereof, and  in
connection therewith to prohibit the acceptance of applications for such
class  or  classes  of  licenses  which have been so limited.  PROVIDED,
HOWEVER, IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, (A)  UPON
RECEIPT  OF  (I)  A REQUEST FROM THE STATE SENATOR OR STATE SENATORS AND
ASSEMBLY MEMBER OR ASSEMBLY MEMBERS AND NEW YORK CITY COUNCIL MEMBER  OR
NEW  YORK CITY COUNCIL MEMBERS REPRESENTING THE RESIDENTS OF A NEIGHBOR-
HOOD WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE AND (II) A
RESOLUTION ADOPTED BY A COMMUNITY BOARD OR BOARDS OR OTHER LOCAL BODY OR
BODIES WHOSE JURISDICTION COVERS SUCH NEIGHBORHOOD REQUESTING A  MORATO-
RIUM  WITHIN  SUCH  NEIGHBORHOOD ON THE ISSUANCE OF NEW LICENSES TO SELL
LIQUOR AT RETAIL FOR CONSUMPTION ON  THE  PREMISES  ISSUED  PURSUANT  TO
SECTIONS   SIXTY-FOUR,   SIXTY-FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C  AND
SIXTY-FOUR-D OF THIS CHAPTER AND (B) A FINDING BY THE AUTHORITY THAT THE
NUMBER OF SUCH LICENSES ISSUED  WITHIN  SUCH  NEIGHBORHOOD  PURSUANT  TO
SECTIONS   SIXTY-FOUR,   SIXTY-FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C  AND
SIXTY-FOUR-D OF THIS CHAPTER HAS DOUBLED OVER A THREE YEAR  PERIOD,  THE
AUTHORITY SHALL ESTABLISH A ONE YEAR MORATORIUM WITHIN SUCH NEIGHBORHOOD
ON THE ISSUANCE OF NEW LICENSES TO SELL LIQUOR AT RETAIL FOR CONSUMPTION
ON  THE  PREMISES  ISSUED PURSUANT TO SECTIONS SIXTY-FOUR, SIXTY-FOUR-A,
SIXTY-FOUR-B, SIXTY-FOUR-C AND SIXTY-FOUR-D  OF  THIS  CHAPTER  AND  THE
ACCEPTANCE OF APPLICATIONS FOR SUCH LICENSES.  NOTHING CONTAINED IN THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13108-07-6

A. 9907                             2

SUBDIVISION  SHALL PREVENT THE TRANSFER OF ANY LICENSE AT THE SAME PREM-
ISES UNDER THIS CHAPTER. FOR PURPOSES OF  THIS  SUBDIVISION,  "NEIGHBOR-
HOOD"  MEANS  A GEOGRAPHIC AREA WITHIN A CITY HAVING A POPULATION OF ONE
MILLION OR MORE THAT IS RECOGNIZED BY THE RESIDENTS THEREOF AS INCLUDING
A UNIQUE COMMUNITY OF INTERESTS.
  S  2.  Subdivision  2  of section 17 of the alcoholic beverage control
law, as amended by chapter 83 of the laws of 1995, is amended to read as
follows:
  2. To limit in its discretion the number of licenses of each class  to
be  issued within the state or any political subdivision thereof, and in
connection therewith to prohibit the acceptance of applications for such
class or classes of licenses which have  been  so  limited.    PROVIDED,
HOWEVER,  IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, (A) UPON
RECEIPT OF (I) A REQUEST FROM THE STATE SENATOR OR  STATE  SENATORS  AND
ASSEMBLY  MEMBER OR ASSEMBLY MEMBERS AND NEW YORK CITY COUNCIL MEMBER OR
NEW YORK CITY COUNCIL MEMBERS REPRESENTING THE RESIDENTS OF A  NEIGHBOR-
HOOD WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE AND (II) A
RESOLUTION ADOPTED BY A COMMUNITY BOARD OR BOARDS OR OTHER LOCAL BODY OR
BODIES  WHOSE JURISDICTION COVERS SUCH NEIGHBORHOOD REQUESTING A MORATO-
RIUM WITHIN SUCH NEIGHBORHOOD ON THE ISSUANCE OF NEW  LICENSES  TO  SELL
LIQUOR  AT  RETAIL  FOR  CONSUMPTION  ON THE PREMISES ISSUED PURSUANT TO
SECTIONS  SIXTY-FOUR,  SIXTY-FOUR-A,  SIXTY-FOUR-B,   SIXTY-FOUR-C   AND
SIXTY-FOUR-D OF THIS CHAPTER AND (B) A FINDING BY THE AUTHORITY THAT THE
NUMBER  OF  SUCH  LICENSES  ISSUED  WITHIN SUCH NEIGHBORHOOD PURSUANT TO
SECTIONS  SIXTY-FOUR,  SIXTY-FOUR-A,  SIXTY-FOUR-B,   SIXTY-FOUR-C   AND
SIXTY-FOUR-D  OF  THIS CHAPTER HAS DOUBLED OVER A THREE YEAR PERIOD, THE
AUTHORITY SHALL ESTABLISH A ONE YEAR MORATORIUM WITHIN SUCH NEIGHBORHOOD
ON THE ISSUANCE OF NEW LICENSES TO SELL LIQUOR AT RETAIL FOR CONSUMPTION
ON THE PREMISES ISSUED PURSUANT TO  SECTIONS  SIXTY-FOUR,  SIXTY-FOUR-A,
SIXTY-FOUR-B,  SIXTY-FOUR-C  AND  SIXTY-FOUR-D  OF  THIS CHAPTER AND THE
ACCEPTANCE OF APPLICATIONS FOR SUCH LICENSES.  NOTHING CONTAINED IN THIS
SUBDIVISION SHALL PREVENT THE TRANSFER OF ANY LICENSE AT THE SAME  PREM-
ISES  UNDER  THIS  CHAPTER. FOR PURPOSES OF THIS SUBDIVISION, "NEIGHBOR-
HOOD" MEANS A GEOGRAPHIC AREA WITHIN A CITY HAVING A POPULATION  OF  ONE
MILLION OR MORE THAT IS RECOGNIZED BY THE RESIDENTS THEREOF AS INCLUDING
A UNIQUE COMMUNITY OF INTERESTS.
  S  3. This act shall take effect immediately, provided that the amend-
ments to subdivision 2 of section 17 of the alcoholic  beverage  control
law  made  by section one of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 4 of  chapter  118
of  the  laws of 2012, as amended, when upon such date the provisions of
section two of this act shall take effect.