S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5764
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 18, 2021
                                ___________
 
 Introduced  by  Sen.  RYAN  --  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
   license and permit applications
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 110-c of the alcoholic  beverage  control  law,  as
 added by chapter 340 of the laws of 2019, is amended to read as follows:
   §  110-c.  Public license query. 1. The authority shall make available
 to the public all  digitally  archived  information  pertaining  to  any
 conditions  it  imposes  on  the operation of a premises licensed by the
 authority pursuant to this chapter, including but not necessarily limit-
 ed to information pertaining to the  hours  during  which  the  licensed
 premises  is  allowed to operate, the maximum permitted occupancy of the
 licensed premises, and any special conditions imposed by  the  authority
 on the licensed premises.
   2.  THE  AUTHORITY  SHALL  MAKE  AVAILABLE TO THE PUBLIC ON ITS PUBLIC
 WEBSITE A DAILY UPDATED LIST OF ALL OPEN LICENSE AND PERMIT APPLICATIONS
 RECEIVED BY THE AUTHORITY, IN THE ORDER THAT  THEY  ARE  RECEIVED.  SUCH
 LIST  SHALL  UTILIZE THE SERIAL, CERTIFICATE OR OTHER IDENTIFYING NUMBER
 ASSIGNED BY THE AUTHORITY, AS PROVIDED BY SUBDIVISION ONE OF SECTION ONE
 HUNDRED FOURTEEN-A OF THIS ARTICLE, TO PROVIDE THE APPLICANT WITH INFOR-
 MATION ON THE STATUS OF THEIR APPLICATION'S REVIEW.  SUCH  LIST  ON  THE
 AUTHORITY'S  PUBLIC  WEBSITE  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE
 FOLLOWING INFORMATION: THE NAME AND COMPLETE ADDRESS OF  THE  APPLICANT;
 THE COUNTY OF THE APPLICANT; THE LICENSE TYPE AND CLASS THE APPLICANT IS
 SEEKING;  THE DATE SUCH APPLICATION HAS BEEN RECEIVED AND IF ANY LICENSE
 OR PERMIT FEE HAS BEEN PAID; BASED ON THE DATE SUBMITTED,  AN  ESTIMATED
 TIMEFRAME,  IN  WEEKS,  FOR  AN APPLICATION FINAL DETERMINATION;  IF THE
 INITIAL TIMEFRAME NEEDS TO BE REVISED,  THEN  MODIFIED  TIMEFRAME  GOING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01294-01-1

 S. 5764                             2
 
 FORWARD  SHALL  BE  POSTED  AND  DENOTED  IN THE SAME MANNER; AND IF THE
 AUTHORITY HAS ISSUED ANY TEMPORARY PERMIT OR LICENSE FOR THE APPLICANT'S
 PREMISES; AND THE FINAL DATE OF AN APPLICATIONS DETERMINATION.
   3.  THE AUTHORITY SHALL MAINTAIN A RECORD OF THE NUMBER OF LICENSES OR
 PERMITS APPLIED FOR AND THE LENGTH OF TIME REQUIRED FOR THE APPROVAL  OR
 DENIAL  OF  SUCH LICENSES OR PERMITS ON ITS PUBLIC WEBSITE. SUCH RECORDS
 SHALL BE UPDATED AT LEAST MONTHLY BY THE AUTHORITY.
   4. IF AN APPLICANT'S ESTIMATED TIME FOR A FINAL  APPLICATION  DETERMI-
 NATION  IS MODIFIED FROM THE ORIGINAL ESTIMATE AS PROVIDED FOR IN SUBDI-
 VISION ONE OF SECTION ONE HUNDRED FOURTEEN-A OF THIS ARTICLE,  THEN  THE
 AUTHORITY SHALL IMMEDIATELY NOTIFY THE APPLICANT.
   §  2. Section 114-a of the alcoholic beverage control law, as added by
 chapter 361 of the laws of 1994, is amended to read as follows:
   § 114-a. License or permit issuance and registration approval.  1. THE
 AUTHORITY UPON ACCEPTANCE OF ANY PAYMENT BY AN APPLICANT FOR  A  LICENSE
 OR  PERMIT ISSUED UNDER THIS CHAPTER SHALL FURNISH SUCH APPLICANT WITH A
 RECEIPT WITHIN FIFTEEN DAYS INDICATING THAT THE APPROPRIATE  LICENSE  OR
 PERMIT  FEE  HAS  BEEN  ACCEPTED  AND PAID IN FULL.   SUCH RECEIPT SHALL
 INCLUDE THE DATE OF ACCEPTANCE OF SUCH LICENSE OR PERMIT APPLICATION FEE
 AS WELL AS AN ESTIMATED LENGTH OF TIME, BASED ON AN  INITIAL  REVIEW  OF
 THE  APPLICATION FOR A LICENSE OR PERMIT, NECESSARY FOR THE AUTHORITY TO
 REVIEW AND PROCESS SUCH APPLICATION AS  REQUIRED  FOR  THE  APPROVAL  OR
 DENIAL  OF  SUCH LICENSE OR PERMIT.  SUCH RECEIPT SHALL INCLUDE A UNIQUE
 SERIAL, CERTIFICATION OR OTHER IDENTIFYING NUMBER TO BE ASSIGNED BY  THE
 AUTHORITY  TO  THE  APPLICANT  FOR  QUERIES ABOUT SUCH LICENSE OR PERMIT
 APPLICATION STATUS.
   2. No license or permit shall be issued and no  registration  approved
 pursuant to this chapter until such time as any check or draft submitted
 for  payment of the required fee has been honored by the payor financial
 institution, provided, however, that this provision shall not  apply  in
 the case of a certified check, bank officers' check or money order.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however that section one of this act  shall
 take  effect  one year after it shall have become a law. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.