NY State Senate Bill 2019-S2360

Senate Bill S2360

2019-2020 Legislative Session

Ensures that the provisions governing liquor licenses are consistent with respect to public interest factors

download bill text pdf

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to commerce, economic development and small business
Jan 24, 2019	referred to commerce, economic development and small business

2019-S2360 (ACTIVE) - Details

See Assembly Version of this Bill:: A7462
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§64, 64-a, 64-b & 64-c, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5577
2011-2012: S25, A10736
2013-2014: S205, A2064
2015-2016: S197, A5682
2017-2018: S151, S7079, A1300
2021-2022: S3117, A3143
2023-2024: A3231

2019-S2360 (ACTIVE) - Summary

Ensures that the provisions governing liquor licenses are consistent with respect to public interest factors.

2019-S2360 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2360

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
making the provisions governing the various on-premises liquor licenses
consistent with respect to public interest factors that may be consid-
ered by the state liquor authority when evaluating the merits of a
license application

 
PURPOSE:

This bill would make consistent the factors that may be considered by
the state Liquor Authority (SLA) when determining whether public conven-
ience and advantage, and the public interest will be promoted by the
granting of any of the on-premises liquor licenses provided for in Arti-
cle 5 of the Alcoholic Beverage control (ABC) Law.

 
SUMMARY OF PROVISIONS:

Sections 1 through 4 of the bill would amend ABC Law SS 64(6-a), 64-a,
64-b and 64-c to establish a consistent standard with respect to the
factors that may be considered by the SLA when determining whether
public convenience and advantage, and the public interest will be
promoted by the grant of a specific on-premises liquor license to a
particular applicant.

Sections 5 through 8 Adds that before issuing a license within five
hundred feet of three or more existing premises licenses, the SLA will
give due consideration of formal communication from the municipality or
community.

Section 9 of the bill would provide for an immediate effective date.

 
JUSTIFICATION:

Current ABC Law § 64(6-a) sets forth certain factors that the SLA can
consider when evaluating the merits of an application for an on-premises
restaurant liquor license. However, the ABC Law does not explicitly
state that such factors may be considered for on-premises liquor
Licenses at: taverns (S 64-a), bottle clubs (S 64-b), or restaurant-
brewers (S 64-c).

In 1993, Article 5 of the ABC Law provided for essentially three types
of on-premises liquor license: restaurant (S 64), tavern (S 64-a), and
bottle club (S 65-b). An over--concentration of restaurant and tavern
licenses in mixed residential-commercial neighborhoods was found by the
Legislature to have a negative impact on the quality of life for resi-
dents in many of these areas of over concentration. The Legislature's
desire to protect residents from existing and potential problems associ-
ated with an over-concentration of restaurants and taverns prompted
enactment of Chapter 670 of the Laws of 1993, which gave the SLA the
permissive power to consider any or all of the following factors when
evaluating the merits of a new application for an on-premises liquor
license:

(a) the number, classes and character of licenses in proximity to the
SPONSOR: SQUA location and in the particular municipality or subdivision
thereof; evidence that all necessary licenses and permits have been
obtained from the state and all other governing bodies;

(c) effect of the grant of the license on vehicular. traffic and parking
n proximity to the location;

(d) the existing noise level at the location and any increase in noise
level that would be generated by the proposed premises;

(e) the history of liquor violations and reported criminal activity at
the proposed premises; and

(f) the history of building and fire violations at any businesses owned
and/or operated by the applicant;

(g) history of city of New York Community Board Opinions and Decisions
made pursuant to the alcohol and beverage control law for businesses
owned and/or operated by the applicant; and

(h) any other factors specified by law or regulation that are relevant
to determine the "public convenience and advantage and public interest"
of the community.

This legislative grant of power had the effect of overruling the deci-
sion of the Court of Appeals in Matter of Circus Disco Ltd. v.  New
York. State Liquor Auth., 51 NY.2d 24 (1980), which held in part that
under the pre-amendment statute, the adverse effect that a new on-prem-
ises liquor establishment would have on vehicular traffic, parking, and
noise levels were beyond the purview of the SLA. The Court held that
those considerations appropriately reside within the exclusive
discretion of local zoning officials. In 2000, ABC Law § 64-d(7) was
amended and requires the SLA to consider all of the factors this bill
would mandate when determining whether public convenience and advantage
and the public interest would be promoted by the grant of a cabaret
liquor license. Amendment of ABC Law §§ 64 (restaurant), 64-a (tavern),
64-b (bottle club), and 64-c (restaurant-brewer) - to more consistently
parallel ABCL § 64-d (7), is desirable in order to make consistent all
of the factors that may be considered by the SLA when determining wheth-
er public convenience and advantage and the public interest will be
promoted by the grant of a specific on-premises liquor license to a
particular applicant.

 
LEGISLATIVE HISTORY:

2018: S7079/A1300 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL
BUSINESS/ passed assembly
2017: S151/A1300 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL
BUSINESS/ passed assembly
2016: S197/A5682 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL
BUSINESS/ passed assembly
2015: S197/A5682 - REFERRED TO RULES/ passed assembly

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S2360 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2360
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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
   making  the  provisions  governing  the  various  on-premises   liquor
   licenses  consistent  with respect to public interest factors that may
   be considered by the state liquor authority when evaluating the merits
   of a license application
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  6-a  of section 64 of the alcoholic beverage
 control law, as added by chapter 670 of the laws of 1993, is amended  to
 read as follows:
   6-a.  The  authority  may  consider  [any  or] all of the following in
 determining whether public convenience  and  advantage  and  the  public
 interest  will  be  promoted by the granting of licenses and permits for
 the sale of alcoholic beverages at a particular unlicensed location:
   (a) [The] THE number, classes and character of licenses  in  proximity
 to the location and in the particular municipality or subdivision there-
 of[.];
   (b)  [Evidence]  EVIDENCE that all necessary licenses and permits have
 been obtained from the state and all other governing bodies[.];
   (c) [Effect] EFFECT of the grant of the license on  vehicular  traffic
 and parking in proximity to the location[.];
   (d) [The] THE existing noise level at the location and any increase in
 noise level that would be generated by the proposed premises[.];
   (e)  [The]  THE  history  of  liquor  violations and reported criminal
 activity at the proposed premises[.];
   (f) HISTORY OF BUILDING AND FIRE VIOLATIONS AT  ANY  BUSINESSES  OWNED
 AND/OR OPERATED BY THE APPLICANT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02307-01-9

 S. 2360                             2
 
   (G) HISTORY OF FORMAL COMMUNICATION FROM THE MUNICIPALITY OR COMMUNITY
 BOARD MADE PURSUANT TO THIS CHAPTER FOR BUSINESSES OWNED AND/OR OPERATED
 BY THE APPLICANT; AND
   (H)  [Any]  ANY  other factors specified by law or regulation that are
 relevant to determine the public convenience and advantage  [and  public
 interest  of  the  community] AND NECESSARY TO FIND THAT THE GRANTING OF
 SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
   § 2. Section 64-a of the alcoholic beverage control law is amended  by
 adding a new subdivision 6-a to read as follows:
   6-A.  THE  AUTHORITY  MAY CONSIDER ALL OF THE FOLLOWING IN DETERMINING
 WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
 PROMOTED BY THE GRANTING OF LICENSES AND PERMITS FOR THE SALE  OF  ALCO-
 HOLIC BEVERAGES AT A PARTICULAR UNLICENSED LOCATION:
   (A)  THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE
 LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
   (B) EVIDENCE THAT APPLICANTS HAVE SECURED ALL NECESSARY  LICENSES  AND
 PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
   (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
 TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
   (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
 LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
   (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
 THE PROPOSED PREMISES;
   (F)  HISTORY  OF  BUILDING AND FIRE VIOLATIONS AT ANY BUSINESSES OWNED
 AND/OR OPERATED BY THE APPLICANT;
   (G) HISTORY OF FORMAL COMMUNICATION FROM THE MUNICIPALITY OR COMMUNITY
 BOARD MADE PURSUANT TO THIS CHAPTER FOR BUSINESSES OWNED AND/OR OPERATED
 BY THE APPLICANT; AND
   (H) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
 TO DETERMINE THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY  TO  FIND
 THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
   §  3. Section 64-b of the alcoholic beverage control law is amended by
 adding a new subdivision 4-a to read as follows:
   4-A. THE AUTHORITY MAY CONSIDER ALL OF THE  FOLLOWING  IN  DETERMINING
 WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
 PROMOTED  BY  THE GRANTING OF LICENSES AND PERMITS FOR THE SALE OF ALCO-
 HOLIC BEVERAGES AT A PARTICULAR UNLICENSED LOCATION:
   (A) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO  THE
 LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
   (B)  EVIDENCE  THAT APPLICANTS HAVE SECURED ALL NECESSARY LICENSES AND
 PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
   (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
 TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
   (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
 LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
   (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
 THE PROPOSED PREMISES;
   (F) HISTORY OF BUILDING AND FIRE VIOLATIONS AT  ANY  BUSINESSES  OWNED
 AND/OR OPERATED BY THE APPLICANT;
   (G) HISTORY OF FORMAL COMMUNICATION FROM THE MUNICIPALITY OR COMMUNITY
 BOARD MADE PURSUANT TO THIS CHAPTER FOR BUSINESSES OWNED AND/OR OPERATED
 BY THE APPLICANT; AND
   (H) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
 TO  DETERMINE  THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY TO FIND
 THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.

 S. 2360                             3
 
   § 4. Section 64-c of the alcoholic beverage control law is amended  by
 adding a new subdivision 10-a to read as follows:
   10-A.  THE  AUTHORITY MAY CONSIDER ALL OF THE FOLLOWING IN DETERMINING
 WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
 PROMOTED BY THE GRANTING OF LICENSES AND PERMITS FOR THE SALE  OF  ALCO-
 HOLIC BEVERAGES AT A PARTICULAR UNLICENSED LOCATION:
   (A)  THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE
 LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
   (B) EVIDENCE THAT APPLICANTS HAVE SECURED ALL NECESSARY  LICENSES  AND
 PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
   (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
 TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
   (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
 LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
   (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
 THE PROPOSED PREMISES;
   (F)  HISTORY  OF  BUILDING AND FIRE VIOLATIONS AT ANY BUSINESSES OWNED
 AND/OR OPERATED BY THE APPLICANT;
   (G) HISTORY OF FORMAL COMMUNICATION FROM THE MUNICIPALITY OR COMMUNITY
 BOARD MADE PURSUANT TO THIS CHAPTER FOR BUSINESSES OWNED AND/OR OPERATED
 BY THE APPLICANT; AND
   (H) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
 TO DETERMINE THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY  TO  FIND
 THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
   §  5.  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, AND DUE CONSIDERATION OF FORMAL COMMUNICATION FROM 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 of
 any hearing scheduled pursuant to this paragraph. 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 pursu-
 ant  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. 2360                             4
 
 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.
   §  6.  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, AND DUE CONSIDERATION OF FORMAL COMMUNICATION
 FROM  THE  MUNICIPALITY  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 municipality or community board at least fifteen 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
 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  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. 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.
   § 7. Paragraph (c) of subdivision 5 of section 64-b 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-c,  and/or
 sixty-four-d  of  this  article  if, after consultation with the munici-
 pality or community board, AND DUE CONSIDERATION OF FORMAL COMMUNICATION
 FROM THE MUNICIPALITY 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 resched-
 uled, adjourned or continued hearing. Before the  authority  issues  any

 S. 2360                             5

 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. Notice to the muni-
 cipality 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. 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,  sixty-
 four-a, sixty-four-c, and/or sixty-four-d of this article.
   §  8. 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, AND DUE CONSIDERATION OF FORMAL COMMUNICATION
 FROM  THE  MUNICIPALITY  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  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. Notice to the  muni-
 cipality  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. 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  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.
   § 9. This act shall take effect immediately.

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