Bill Text: NY A01427 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the alcoholic beverage control law, in relation to requiring the liquor authority to hold a hearing upon the action of a borough board in certain cases of disruptive activities and providing for local approval of certain licenses

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to economic development [A01427 Detail]

Download: New_York-2009-A01427-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1427
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Economic Development, Job Creation, Commerce and Industry
       AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
         requiring the liquor authority to hold a hearing upon the action of  a
         borough  board in certain cases of disruptive activities and providing
         for local approval of certain licenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  2  of  section 119 of the alcoholic beverage
    2  control law, as amended by chapter 83 of the laws of 1995, is amended to
    3  read as follows:
    4    2. (A) The liquor authority may on its own initiative or on  complaint
    5  of  any  person  institute  proceedings to revoke, cancel or suspend any
    6  retail license and may impose a civil penalty against the licensee after
    7  a hearing at which the licensee shall be  given  an  opportunity  to  be
    8  heard. Such hearing shall be held in such manner and upon such notice as
    9  may be prescribed by the rules of the liquor authority.
   10    (B)  A  COMMUNITY  BOARD OF A CITY WITH A POPULATION OF ONE MILLION OR
   11  MORE MAY HOLD A HEARING  TO  INVESTIGATE  A  COMPLAINT  OF  "CAUSE",  AS
   12  DEFINED  IN  SUBDIVISION  THREE  OF SECTION ONE HUNDRED EIGHTEEN OF THIS
   13  ARTICLE. IF SUCH COMMUNITY BOARD FINDS SUCH COMPLAINT TO  BE  VALID,  IT
   14  SHALL,  AND IS HEREBY AUTHORIZED TO, SUSPEND THE LICENSE OF THE LICENSEE
   15  PENDING THE OUTCOME OF PROCEEDINGS PURSUANT TO  PARAGRAPH  (A)  OF  THIS
   16  SUBDIVISION AND GIVE NOTICE THEREOF TO THE LIQUOR AUTHORITY.  THE LIQUOR
   17  AUTHORITY   SHALL   THEREUPON  INSTITUTE  PROCEEDINGS  PURSUANT  TO  THE
   18  PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION.
   19    S 2. Paragraph (f) of subdivision 7 of section  64  of  the  alcoholic
   20  beverage  control law, as amended by chapter 602 of the laws of 1999, is
   21  amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00388-01-9
       A. 1427                             2
    1    (f) Notwithstanding the provisions of paragraph (b) of  this  subdivi-
    2  sion,  the authority may issue a retail license for on-premises consump-
    3  tion for a premises which shall be within five hundred feet of three  or
    4  more existing premises licensed and operating pursuant to the provisions
    5  of  this  section  ONLY  if, after consultation with the municipality or
    6  community board, AND UPON APPROVAL OF  SUCH  MUNICIPALITY  OR  COMMUNITY
    7  BOARD,  it  determines that granting such license would be in the public
    8  interest. Before it may issue any  such  license,  the  authority  shall
    9  conduct  a hearing, upon notice to the applicant and the municipality or
   10  community board, and shall state and file  in  its  office  its  reasons
   11  therefor. Notice to the municipality or community board shall mean writ-
   12  ten  notice  mailed  by  the authority to such municipality or community
   13  board at least fifteen days in advance of any hearing scheduled pursuant
   14  to this paragraph. Upon the request of the authority,  any  municipality
   15  or  community  board  may  waive  the fifteen day notice requirement. No
   16  premises having been granted a license pursuant to this section shall be
   17  denied a renewal of such license upon the grounds that such premises are
   18  within five hundred feet of a building or  buildings  wherein  three  or
   19  more premises are operating and licensed pursuant to this section.
   20    S 3. This act shall take effect immediately.