Assembly Bill A4040

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4040
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   making  certain  liquor  license  fees  payable  in  installments; and
   providing for the repeal of certain  provisions  upon  the  expiration
   thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 67  of  the  alcoholic  beverage  control  law,  as
 amended  by  chapter  703  of  the  laws  of 2022, 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] 1.
 LICENSES issued pursuant to sections sixty-one, sixty-two[,] AND  sixty-
 three[, sixty-four, sixty-four-a, sixty-four-b and sixty-four-e] of this
 article  shall  be  effective for three years at three times that annual
 fee, except that, in implementing the purposes of this [section]  SUBDI-
 VISION,  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,  nineteen  hundred  ninety-
 eight, licenses]
   2.  LICENSES  issued  pursuant  to  sections  sixty-four, sixty-four-a
 [and], sixty-four-b, SIXTY-FOUR-C, SIXTY-FOUR-D AND SIXTY-FOUR-E of this
 article shall be effective for two years at two times  that  annual  fee
 ESTABLISHED  IN SUCH SECTIONS, except that, in implementing the purposes
 of this [section] SUBDIVISION, 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.  Notwithstanding  the  foregoing,
 [commencing   on  December  first,  nineteen  hundred  ninety-eight  and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08620-01-3
              

 A. 4040                             2

 concluding on July thirty-first, two thousand two,] a licensee issued  a
 license pursuant to section sixty-four, sixty-four-a [or], sixty-four-b,
 SIXTY-FOUR-C,  SIXTY-FOUR-D OR SIXTY-FOUR-E 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 chapter.
   2-A. FOR ALL RENEWALS OF LICENSES ISSUED PURSUANT TO THIS SECTION, THE
 FEE SHALL BE DISCOUNTED BY FIFTY PERCENT.
   3. 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.
   4. The liquor authority may make such rules as shall be appropriate to
 carry out the purpose of this section.
   §  2.  This  act  shall  take effect immediately and apply to licenses
 issued or renewed on or after such date; provided, however, that  subdi-
 vision 2-a of section 67 of the alcoholic beverage control law, as added
 by section one of this act, shall expire and be deemed repealed December
 31, 2023.