Assembly Bill A10563A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10563
 
                           I N  A S S E M B L Y
 
                               June 3, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buttenschon)
   -- read once and referred to the Committee on Economic Development
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   reducing the license fees for businesses that were unable  to  operate
   as  a result of the COVID-19 pandemic; and providing for the repeal of
   such provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 57 of the alcoholic beverage control law is amended
 by adding a new subdivision 3 to read as follows:
   3.  FOR  RENEWAL OF ANY LICENSE UNDER THIS ARTICLE FROM MARCH SEVENTH,
 TWO THOUSAND TWENTY THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND  TWENTY-
 ONE,  THE  LICENSE  FEE  SHALL BE REDUCED IN PROPORTION TO THE NUMBER OF
 MONTHS THAT THE LICENSE HOLDER WAS UNABLE TO SELL ALCOHOL ON  THE  PREM-
 ISES DUE TO EXECUTIVE ORDERS RELATED TO THE NOVEL CORONAVIRUS, COVID-19,
 PANDEMIC.
   §  2.  Section 67 of the alcoholic beverage control law, as amended by
 section 4 of part Z of chapter 85 of the laws of  2002,  is  amended  to
 read as follows:
   § 67. License  fees,  duration  of  licenses;  fee  for  part of year.
 Effective April first, nineteen hundred  eighty-three,  licenses  issued
 pursuant  to  sections  sixty-one,  sixty-two,  sixty-three, sixty-four,
 sixty-four-a and sixty-four-b of this article  shall  be  effective  for
 three years at three times that annual fee, except that, in implementing
 the  purposes  of  this section, the liquor authority shall schedule the
 commencement dates, duration and expiration dates thereof to provide for
 an equal cycle of  license  renewals  issued  under  each  such  section
 through  the  course of the fiscal year. Effective December first, nine-
 teen hundred ninety-eight, licenses issued pursuant to  sections  sixty-
 four,  sixty-four-a  and sixty-four-b of this article shall be effective
 for two years at two times that annual fee, except that, in implementing
 the purposes of this section, the liquor authority  shall  schedule  the
 commencement dates, duration and expiration dates thereof to provide for
 an  equal  cycle  of  license  renewals  issued  under each such section
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16501-01-0

 A. 10563                            2
 
 through the course of the fiscal year.  Notwithstanding  the  foregoing,
 commencing on December first, nineteen hundred ninety-eight and conclud-
 ing  on July thirty-first, two thousand two, a licensee issued a license
 pursuant  to  section  sixty-four,  sixty-four-a or sixty-four-b of this
 article may elect to remit the fee for  such  license  in  equal  annual
 installments. Such installments shall be due on dates established by the
 liquor  authority  and  the  failure of a licensee to have remitted such
 annual installments after a due date shall be a violation of this  chap-
 ter.  For licenses issued for less than the three-year licensing period,
 the license fee shall be levied on a pro-rated basis. The entire license
 fee shall be due and payable at the  time  of  application.  The  liquor
 authority  may  make such rules as shall be appropriate to carry out the
 purpose of this section.  NOTWITHSTANDING THE FOREGOING, FOR RENEWAL  OF
 ANY  LICENSE  UNDER THIS ARTICLE FROM MARCH SEVENTH, TWO THOUSAND TWENTY
 THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, THE LICENSE  FEE
 SHALL  BE REDUCED IN PROPORTION TO THE NUMBER OF MONTHS THAT THE LICENSE
 HOLDER WAS UNABLE TO SELL ALCOHOL  ON  THE  PREMISES  DUE  TO  EXECUTIVE
 ORDERS RELATED TO THE NOVEL CORONAVIRUS, COVID-19, PANDEMIC.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2021.