S T A T E O F N E W Y O R K
________________________________________________________________________
2092
2011-2012 Regular Sessions
I N A S S E M B L Y
January 13, 2011
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Introduced by M. of A. ZEBROWSKI -- 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
empowering the state liquor authority to authorize municipalities to
restrict the hours of sale of alcoholic beverages within the munici-
pality upon submission of proof that the hours of operation impact
crime rates within the municipality
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 17 of the alcoholic beverage control law is amended
2 by adding a new subdivision 11-a to read as follows:
3 11-A. (A) TO AUTHORIZE A MUNICIPALITY TO RESTRICT THE HOURS OF SALE OF
4 ALCOHOLIC BEVERAGES WITHIN SUCH MUNICIPALITY UPON:
5 (1) RECEIPT OF A RESOLUTION ADOPTED BY THE BOARD OF SUPERVISORS OR
6 LEGISLATIVE BODY OF A MUNICIPALITY REQUESTING FURTHER RESTRICTION OF
7 HOURS OF SALE OF ALCOHOLIC BEVERAGES WITHIN SUCH MUNICIPALITY UPON THE
8 GROUNDS THAT THE STATISTICS OR REPORTS, AS ACCEPTABLE TO THE AUTHORITY,
9 INDICATE THAT CRIME RATES HAVE INCREASED DURING THE PERMITTED HOURS OF
10 SALE OF ALCOHOLIC BEVERAGES IN THE MUNICIPALITY;
11 (2) RECEIPT OF A RESOLUTION ADOPTED BY THE BOARD OF SUPERVISORS OR
12 LEGISLATIVE BODY OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED
13 REQUESTING FURTHER RESTRICTION OF HOURS OF SALE OF ALCOHOLIC BEVERAGES
14 WITHIN THE MUNICIPALITY UPON THE GROUNDS THAT THE STATISTICS OR REPORTS,
15 AS ACCEPTABLE TO THE AUTHORITY, INDICATE THAT CRIME RATES HAVE INCREASED
16 DURING THE PERMITTED HOURS OF SALE OF ALCOHOLIC BEVERAGES IN THE MUNICI-
17 PALITY;
18 (3) A FINDING BY THE AUTHORITY THAT SUCH INCREASE IS DIRECTLY RELATED
19 TO THE PERMITTED HOURS OF SALE OF ALCOHOLIC BEVERAGES IN THE MUNICI-
20 PALITY AND THAT RESTRICTED HOURS OF SALE WOULD BE BENEFICIAL IN REDUCING
21 SUCH CRIME RATES; AND
22 (4) NOTICE AND HEARING WITHIN SUCH MUNICIPALITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00710-01-1
A. 2092 2
1 (B) AUTHORIZATION GRANTED PURSUANT TO THIS SUBDIVISION SHALL BE GRANT-
2 ED FOR A PERIOD NOT TO EXCEED TWO YEARS, PROVIDED THAT THE AUTHORITY MAY
3 EXTEND SUCH PERIOD FOR AN ADDITIONAL TWO YEARS UPON RECEIPT OF A JOINT
4 APPLICATION BY THE BOARD OF SUPERVISORS OR LEGISLATIVE BODY OF THE MUNI-
5 CIPALITY AND THE BOARD OF SUPERVISORS OR LEGISLATIVE BODY OF THE COUNTY
6 IN WHICH THE MUNICIPALITY IS LOCATED, AND A FINDING BY THE AUTHORITY,
7 BASED UPON A COMPREHENSIVE REVIEW, THAT THE RESTRICTION HAS BEEN
8 SUCCESSFUL IN SUBSTANTIALLY REDUCING THE CRIME RATES WITHIN THE MUNICI-
9 PALITY AND A SHOWING BY THE BOARD OF SUPERVISORS OR LEGISLATIVE BODY OF
10 THE MUNICIPALITY AND THE BOARD OF SUPERVISORS OR LEGISLATIVE BODY OF THE
11 COUNTY IN WHICH THE MUNICIPALITY IS LOCATED OF THE CONTINUED NECESSITY
12 OF SUCH RESTRICTIONS.
13 (C) IN NO EVENT SHALL A MUNICIPALITY RESTRICT THE HOURS OF SALE OF
14 ALCOHOLIC BEVERAGES FOR MORE THAN THREE HOURS IN ANY TWENTY-FOUR HOUR
15 PERIOD. ANY RESTRICTION AUTHORIZED UNDER THIS SUBDIVISION SHALL BE
16 APPLIED TO ALL SALES OF ALCOHOLIC BEVERAGES THROUGHOUT THE MUNICIPALITY.
17 S 2. This act shall take effect on the ninetieth day after it shall
18 have become a law.