Bill Text: NY A01441 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that the state liquor authority may, with the consent of the applicant, include certain terms and conditions as part of various licenses for on-premises consumption of beer and liquor for the purpose of assuring that the licensed premises are operated in accordance with law and consistent with the public interest; provides that prior to including terms and conditions in a license, the authority shall consult with the applicant and any party entitled to receive notice of the application; and provides that the terms and conditions shall be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the authority.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced) 2019-01-15 - referred to economic development [A01441 Detail]

Download: New_York-2019-A01441-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1441
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced  by  M. of A. GOTTFRIED, COOK, GLICK, ORTIZ, GALEF, WEPRIN --
          Multi-Sponsored by -- M. of A. COLTON, CYMBROWITZ,  DINOWITZ,  PAULIN,
          L. ROSENTHAL,  ROZIC  --  read  once  and referred to the Committee on
          Economic Development
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          authorizing  the imposition of certain terms and conditions as part of
          certain licenses for on-premises consumption
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 55 of the alcoholic beverage control law is amended
     2  by adding a new subdivision 4 to read as follows:
     3    4. The authority may include, as part of a license under this section,
     4  terms and conditions for the purpose of assuring that the licensed prem-
     5  ises  are operated in accordance with applicable law and consistent with
     6  public convenience and advantage.  Prior to including terms  and  condi-
     7  tions  in  a license, the authority shall consult with the applicant and
     8  any party entitled to receive notice of the application. The  terms  and
     9  conditions shall be legally enforceable in the same manner as applicable
    10  provisions of this chapter or regulations of the authority.
    11    § 2.  Section 55-a of the alcoholic beverage control law is amended by
    12  adding a new subdivision 3 to read as follows:
    13    3. The authority may include, as part of a license under this section,
    14  terms and conditions for the purpose of assuring that the licensed prem-
    15  ises  are operated in accordance with applicable law and consistent with
    16  public convenience and advantage. Prior to including  terms  and  condi-
    17  tions  in  a license, the authority shall consult with the applicant and
    18  any party entitled to receive notice of the application.  The terms  and
    19  conditions shall be legally enforceable in the same manner as applicable
    20  provisions of this chapter or regulations of the authority.
    21    §  3.  Section  64 of the alcoholic beverage control law is amended by
    22  adding a new subdivision 10 to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03398-01-9

        A. 1441                             2
     1    10. The authority may  include,  as  part  of  a  license  under  this
     2  section,  terms  and  conditions  for  the  purpose of assuring that the
     3  licensed premises are operated in accordance  with  applicable  law  and
     4  consistent with the public interest. Prior to including terms and condi-
     5  tions  in  a license, the authority shall consult with the applicant and
     6  any party entitled to receive notice of the application. The  terms  and
     7  conditions shall be legally enforceable in the same manner as applicable
     8  provisions of this chapter or regulations of the authority.
     9    §  4. Section 64-a of the alcoholic beverage control law is amended by
    10  adding a new subdivision 5-a to read as follows:
    11    5-a. The authority may include,  as  part  of  a  license  under  this
    12  section,  terms  and  conditions  for  the  purpose of assuring that the
    13  licensed premises are operated in accordance  with  applicable  law  and
    14  consistent with the public interest. Prior to including terms and condi-
    15  tions  in  a license, the authority shall consult with the applicant and
    16  any party entitled to receive notice of the application. The  terms  and
    17  conditions shall be legally enforceable in the same manner as applicable
    18  provisions of this chapter or regulations of the authority.
    19    §  5. Section 64-b of the alcoholic beverage control law is amended by
    20  adding a new subdivision 5-a to read as follows:
    21    5-a. The authority may include,  as  part  of  a  license  under  this
    22  section,  terms  and  conditions  for  the  purpose of assuring that the
    23  licensed premises are operated in accordance  with  applicable  law  and
    24  consistent with the public interest. Prior to including terms and condi-
    25  tions  in  a license, the authority shall consult with the applicant and
    26  any party entitled to receive notice of the application. The  terms  and
    27  conditions shall be legally enforceable in the same manner as applicable
    28  provisions of this chapter or regulations of the authority.
    29    §  6. Section 64-c of the alcoholic beverage control law is amended by
    30  adding a new subdivision 5-a to read as follows:
    31    5-a. The authority may include,  as  part  of  a  license  under  this
    32  section,  terms  and  conditions  for  the  purpose of assuring that the
    33  licensed premises are operated in accordance  with  applicable  law  and
    34  consistent with the public interest. Prior to including terms and condi-
    35  tions  in  a license, the authority shall consult with the applicant and
    36  any party entitled to receive notice of the application. The  terms  and
    37  conditions shall be legally enforceable in the same manner as applicable
    38  provisions of this chapter or regulations of the authority.
    39    §  7. Section 64-d of the alcoholic beverage control law is amended by
    40  adding a new subdivision 5-a to read as follows:
    41    5-a. The authority may include,  as  part  of  a  license  under  this
    42  section,  terms  and  conditions  for  the  purpose of assuring that the
    43  licensed premises are operated in accordance  with  applicable  law  and
    44  consistent with the public interest. Prior to including terms and condi-
    45  tions  in  a license, the authority shall consult with the applicant and
    46  any party entitled to receive notice of the application. The  terms  and
    47  conditions shall be legally enforceable in the same manner as applicable
    48  provisions of this chapter or regulations of the authority.
    49    §  8.  Section  81 of the alcoholic beverage control law is amended by
    50  adding a new subdivision 5 to read as follows:
    51    5. The authority may include, as part of a license under this section,
    52  terms and conditions for the purpose of assuring that the licensed prem-
    53  ises are operated in accordance with applicable law and consistent  with
    54  public  convenience  and advantage.  Prior to including terms and condi-
    55  tions in a license, the authority shall consult with the  applicant  and
    56  any  party  entitled to receive notice of the application. The terms and

        A. 1441                             3
     1  conditions shall be legally enforceable in the same manner as applicable
     2  provisions of this chapter or regulations of the authority.
     3    §  9. Section 81-a of the alcoholic beverage control law is amended by
     4  adding a new subdivision 5 to read as follows:
     5    5. The authority may include, as part of a license under this section,
     6  terms and conditions for the purpose of assuring that the licensed prem-
     7  ises are operated in accordance with applicable law and consistent  with
     8  public  convenience  and advantage.  Prior to including terms and condi-
     9  tions in a license, the authority shall consult with the  applicant  and
    10  any  party  entitled to receive notice of the application. The terms and
    11  conditions shall be legally enforceable in the same manner as applicable
    12  provisions of this chapter or regulations of the authority.
    13    § 10. This act shall take effect immediately.
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