S T A T E O F N E W Y O R K
________________________________________________________________________
2093
2019-2020 Regular Sessions
I N A S S E M B L Y
January 22, 2019
___________
Introduced by M. of A. LENTOL -- 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.
LBD04497-01-9
A. 2093 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] THIRTY days in
advance of any hearing scheduled pursuant to this paragraph. Upon the
request of the authority, any municipality or community board may waive
the [fifteen] 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 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] THIRTY days in advance of
any hearing scheduled pursuant to this paragraph. Upon the request of
the authority, any municipality or community board may waive the
[fifteen] THIRTY day notice requirement. 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 resched-
uled, 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 prem-
ises 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 necessary
or convenient to implement the provisions of this act are authorized to
be promulgated on or before such effective date.