NY State Senate Bill 2017-S344

Senate Bill S344

2017-2018 Legislative Session

Creates a state liquor authority community liaison and provides at least sixty days notification for license renewals to community boards in the city of New York

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Jan 04, 2017	referred to investigations and government operations

2017-S344 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §110-c, amd §§110-b, 64, 64-a & 64-c, ABC L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6722
2013-2014: S114
2015-2016: S1306

2017-S344 (ACTIVE) - Summary

Creates a state liquor authority community liaison to act between the state liquor authority and community boards of the city of New York; requires the community boards to be given at least sixty days notice before any wine, beer, or liquor license is issued, renewed, or altered within the boundaries of such community board.

2017-S344 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S344

 TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to
creating a liaison between the state liquor authority and local
community boards and providing a sixty day notification period for
community boards before the issuance of a new license, renewal of a
license or alteration of a license

 PURPOSE OR GENERAL IDEA OF BILL :

The liaison will act as the intermediary between the New York State
Liquor Authority and the Community Boards with 60 days prior notice of
license renewal. This will make it easier for the New York State
Liquor Authority to take into account the suggestions of the Community
Boards in regards to issuing liquor licenses.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends the alcoholic beverage control law by
adding a new section 110-c, establishing the position of authority
community liaison for each community board in the City of New York.
The provisions for the creation, requirements and responsibilities of
these community liaison positions are as follows: 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
or renewal that are required under the provisions of this chapter. 3.
The community liaison is responsible for: (a) regularly attending the
meetings of the 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.

Sections 2-5 of the bill amend several sections of the alcoholic
beverage control law in order to extend the period of notice to
community boards before a license may be issued, renewed or altered.

Section 6 of the bill sets forth the effective date.

 JUSTIFICATION :

The ABC law mandates that the New York State Liquor Authority take
into consideration the opinions of the Community Board before a liquor
license for any establishment is issued or renewed. The New York State
Liquor Authority does so, but most of the time the Community Boards'
requests are not fulfilled because the New York State Liquor Authority
has already issued the license or renewal.

2017-S344 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    344
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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:
   § 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.
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00065-01-7

 S. 344                              2
 
   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-
 cipality OR THE COMMUNITY BOARD in which the premises is located of such
 applicant's intent to file such an application:
   §  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.
   § 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

 S. 344                              3
 
 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-
 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.
   §  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

 S. 344                              4
 
 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.
   § 6. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.