Senate Bill S8452A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8452
 
                             I N  S E N A T E
 
                               June 3, 2020
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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

 S. 8452                             2
 
 an  equal  cycle  of  license  renewals  issued  under each such section
 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.