S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1902
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 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,
 adjourned  or  continued,  and  the  authority  shall give notice to the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04639-01-9

 A. 1902                             2
 
 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.
   §  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.
 The  public  meeting may be rescheduled, adjourned or continued, and the

 A. 1902                             3
 
 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.
   § 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.