Bill Text: NY A00597 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to license and permit applications; requires applicants for such licenses or permits to be furnished with a receipt for the appropriate fee once it is paid in full; requires the authority's public website to be updated daily with a list of all open license and permit applications.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-12-22 - approval memo.90 [A00597 Detail]

Download: New_York-2021-A00597-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           597

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Economic Development

        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:

     1    Section 1. Section 110-c of the alcoholic  beverage  control  law,  as
     2  added by chapter 340 of the laws of 2019, is amended to read as follows:
     3    §  110-c.  Public license query. 1. The authority shall make available
     4  to the public all  digitally  archived  information  pertaining  to  any
     5  conditions  it  imposes  on  the operation of a premises licensed by the
     6  authority pursuant to this chapter, including but not necessarily limit-
     7  ed to information pertaining to the  hours  during  which  the  licensed
     8  premises  is  allowed to operate, the maximum permitted occupancy of the
     9  licensed premises, and any special conditions imposed by  the  authority
    10  on the licensed premises.
    11    2.  The  authority  shall  make  available to the public on its public
    12  website a daily updated list of all open license and permit applications
    13  received by the authority, in the order that  they  are  received.  Such
    14  list  shall  utilize the serial, certificate or other identifying number
    15  assigned by the authority, as provided by subdivision one of section one
    16  hundred fourteen-a of this article, to provide the applicant with infor-
    17  mation on the status of their application's review.  Such  list  on  the
    18  authority's  public  website  shall  include, but not be limited to, the
    19  following information: the name and complete address of  the  applicant;
    20  the county of the applicant; the license type and class the applicant is
    21  seeking;  the date such application has been received and if any license
    22  or permit fee has been paid; based on the date submitted,  an  estimated
    23  timeframe,  in  weeks,  for  an application final determination;  if the
    24  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

        A. 597                              2

     1  forward  shall  be  posted  and  denoted  in the same manner; and if the
     2  authority has issued any temporary permit or license for the applicant's
     3  premises; and the final date of an applications determination.
     4    3.  The authority shall maintain a record of the number of licenses or
     5  permits applied for and the length of time required for the approval  or
     6  denial  of  such licenses or permits on its public website. Such records
     7  shall be updated at least monthly by the authority.
     8    4. If an applicant's estimated time for a final  application  determi-
     9  nation  is modified from the original estimate as provided for in subdi-
    10  vision one of section one hundred fourteen-a of this article,  then  the
    11  authority shall immediately notify the applicant.
    12    §  2. Section 114-a of the alcoholic beverage control law, as added by
    13  chapter 361 of the laws of 1994, is amended to read as follows:
    14    § 114-a. License or permit issuance and registration approval.  1. The
    15  authority upon acceptance of any payment by an applicant for  a  license
    16  or  permit issued under this chapter shall furnish such applicant with a
    17  receipt within fifteen days indicating that the appropriate  license  or
    18  permit  fee  has  been  accepted  and paid in full.   Such receipt shall
    19  include the date of acceptance of such license or permit application fee
    20  as well as an estimated length of time, based on an  initial  review  of
    21  the  application for a license or permit, necessary for the authority to
    22  review and process such application as  required  for  the  approval  or
    23  denial  of  such license or permit.  Such receipt shall include a unique
    24  serial, certification or other identifying number to be assigned by  the
    25  authority  to  the  applicant  for  queries about such license or permit
    26  application status.
    27    2. No license or permit shall be issued and no  registration  approved
    28  pursuant to this chapter until such time as any check or draft submitted
    29  for  payment of the required fee has been honored by the payor financial
    30  institution, provided, however, that this provision shall not  apply  in
    31  the case of a certified check, bank officers' check or money order.
    32    §  3.  This  act  shall take effect on the sixtieth day after it shall
    33  have become a law; provided, however that section one of this act  shall
    34  take  effect  one year after it shall have become a law. Effective imme-
    35  diately, the addition, amendment and/or repeal of any rule or regulation
    36  necessary for the implementation of this act on its effective  date  are
    37  authorized to be made and completed on or before such effective date.
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