S T A T E O F N E W Y O R K
________________________________________________________________________
9375
I N S E N A T E
May 20, 2022
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the alcoholic beverage control law, in relation to
prohibiting the renewal of a liquor license during the pendency of any
disciplinary proceedings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 109 of the alcoholic beverage control law, as
amended by chapter 630 of the laws of 1984, subdivision 1 as amended by
chapter 188 of the laws of 2013, subdivision 2 as amended by chapter 83
of the laws of 1995 and as renumbered by chapter 560 of the laws of
2011, is amended to read as follows:
§ 109. Renewals of licenses and permits. 1. Each license and permit,
except a temporary permit effective for one day only, issued pursuant to
this chapter may be renewed upon application therefor by the licensee or
permittee and the payment of the annual fee for such license or permit
as prescribed by this chapter. In the case of applications for renewals,
the liquor authority may dispense with the requirements of such state-
ments as it deems unnecessary in view of those contained in the applica-
tion made for the original license or permit; provided, however, that no
waiver of paragraph (f) of subdivision one of section one hundred ten of
this article may be made. The submission of photographs of the licensed
premises shall be dispensed with provided the applicant for such renewal
shall file a statement with such authority to the effect that there has
been no alteration of such premises since the original license was
issued. An applicant for a retail license for on-premises consumption
shall also submit to the authority a copy of the valid certificate of
occupancy or such other document issued by the local code enforcement
agency for the premises for which the original license was issued. The
liquor authority may make such rules as may be necessary not inconsist-
ent with this chapter regarding applications for renewals of licenses
and permits and the time for making the same. THE LIQUOR AUTHORITY
SHALL NOT PROCESS AN APPLICATION FOR OR ISSUE A RENEWAL OF ANY LICENSE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15923-01-2
S. 9375 2
OR PERMIT DURING THE PENDENCY OF A HEARING TO REVOKE, CANCEL, OR SUSPEND
SUCH LICENSE OR PERMIT.
2. [The] EXCEPT WHERE THE AUTHORITY HAS COMMENCED PROCEEDINGS TO
REVOKE, CANCEL OR SUSPEND A LICENSE, THE authority shall provide an
application for renewal of a license issued under section sixty-four or
sixty-four-a of this chapter not less than sixty days prior to the expi-
ration of the current license.
§ 2. Subdivision 2 of section 119 of the alcoholic beverage control
law, as amended by chapter 83 of the laws of 1995, is amended to read as
follows:
2. The liquor authority may on its own initiative or on complaint of
any person institute proceedings to revoke, cancel or suspend any retail
license and may impose a civil penalty against the licensee after a
hearing at which the licensee shall be given an opportunity to be heard.
Such hearing shall be held in such manner and upon such notice as may be
prescribed by the rules of the liquor authority. WHERE THE LIQUOR
AUTHORITY HAS COMMENCED PROCEEDINGS UNDER THIS SECTION NO APPLICATION
FOR THE RENEWAL OF SUCH LICENSE SHALL BE PROCESSED OR GRANTED. THE CHAIR
SHALL ESTABLISH PROCEDURES TO PROVIDE COMMUNICATION WITHIN THE AUTHORITY
REGARDING THE STATUS OF PENDING DISCIPLINARY PROCEEDINGS.
§ 3. This act shall take effect immediately.