Bill Text: NY A09534 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates a state liquor authority community liaison to act between the state liquor authority and community boards of the city of New York; requires the community boards to be given at least sixty days notice before any wine, beer, or liquor license is issued, renewed, or altered within the boundaries of such community board.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-03-12 - referred to economic development [A09534 Detail]
Download: New_York-2011-A09534-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9534 I N A S S E M B L Y March 12, 2012 ___________ Introduced by M. of A. MOYA, KAVANAGH -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to creating a liaison between the state liquor authority and local commu- nity boards and providing a sixty day notification period for communi- ty boards before the issuance of a new license, renewal of a license or alteration of a license THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The alcoholic beverage control law is amended by adding a 2 new section 110-c to read as follows: 3 S 110-C. AUTHORITY COMMUNITY LIAISON. 1. THE AUTHORITY SHALL APPOINT A 4 COMMUNITY LIAISON FOR EACH COMMUNITY BOARD IN THE CITY OF NEW YORK. 5 2. THE COMMUNITY LIAISON IS REQUIRED TO ENSURE THAT THE COMMUNITY 6 BOARD RECEIVES ALL PROPER NOTIFICATIONS OF LICENSE ISSUANCE OR RENEWAL 7 THAT ARE REQUIRED UNDER THE PROVISIONS OF THIS CHAPTER. 8 3. THE COMMUNITY LIAISON IS RESPONSIBLE FOR: 9 (A) REGULARLY ATTENDING THE MEETINGS OF THE COMMUNITY BOARD FOR WHICH 10 HE OR SHE IS ACTING AS THE LIAISON; 11 (B) SUBMITTING REPORTS TO THE AUTHORITY WITH RESPECT TO ISSUES OF 12 CONCERN OF THE COMMUNITY BOARD FOR WHICH HE OR SHE IS THE LIAISON; 13 (C) SUBMITTING ANY COMMUNITY BOARD RECOMMENDATIONS TO THE AUTHORITY; 14 AND 15 (D) INFORMING THE COMMUNITY BOARD OF EVERY REGULARLY SCHEDULED MEETING 16 OF THE LIQUOR AUTHORITY AND PROVIDING AN AGENDA FOR SUCH MEETING AT 17 LEAST FIFTEEN DAYS PRIOR TO THE MEETING. 18 S 2. Section 110-b of the alcoholic beverage control law is amended by 19 adding a new subdivision 8 to read as follows: 20 8. IF THE PREMISES IS LOCATED WITHIN THE CITY OF NEW YORK, THE LIQUOR 21 AUTHORITY SHALL NOT GRANT SUCH AN APPLICATION UNTIL AT LEAST SIXTY DAYS 22 AFTER THE APPROPRIATE COMMUNITY BOARD HAS BEEN NOTIFIED. 23 S 3. Paragraph (f) of subdivision 7 of section 64 of the alcoholic 24 beverage control law, as amended by chapter 463 of the laws of 2009, is 25 amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08344-03-2 A. 9534 2 1 (f) Notwithstanding the provisions of paragraph (b) of this subdivi- 2 sion, the authority may issue a license pursuant to this section for a 3 premises which shall be within five hundred feet of three or more exist- 4 ing premises licensed and operating pursuant to this section and 5 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d 6 of this article if, after consultation with the municipality or communi- 7 ty board, it determines that granting such license would be in the 8 public interest. Before it may issue any such license, the authority 9 shall conduct a hearing, upon notice to the applicant and the munici- 10 pality or community board, and shall state and file in its office its 11 reasons therefor. Notice to the municipality or community board shall 12 mean written notice mailed by the authority to such municipality or 13 community board at least fifteen days in advance of any hearing sched- 14 uled pursuant to this paragraph. Upon the request of the authority, any 15 municipality or community board may waive the fifteen day notice 16 requirement. No premises having been granted a license pursuant to this 17 section shall be denied a renewal of such license upon the grounds that 18 such premises are within five hundred feet of a building or buildings 19 wherein three or more premises are licensed and operating pursuant to 20 this section and sections sixty-four-a, sixty-four-b, sixty-four-c, 21 and/or sixty-four-d of this article. NO LICENSE SHALL BE ISSUED PURSU- 22 ANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE 23 COMMUNITY BOARD HAS BEEN NOTIFIED. 24 S 4. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic 25 beverage control law, as amended by chapter 463 of the laws of 2009, is 26 amended to read as follows: 27 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph 28 (a) of this subdivision, the authority may issue a license pursuant to 29 this section for a premises which shall be within five hundred feet of 30 three or more existing premises licensed and operating pursuant to this 31 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or 32 sixty-four-d of this article if, after consultation with the munici- 33 pality or community board, it determines that granting such license 34 would be in the public interest. Before it may issue any such license, 35 the authority shall conduct a hearing, upon notice to the applicant and 36 the municipality or community board, and shall state and file in its 37 office its reasons therefor. Notice to the municipality or community 38 board shall mean written notice mailed by the authority to such munici- 39 pality or community board at least fifteen days in advance of any hear- 40 ing scheduled pursuant to this paragraph. Upon the request of the 41 authority, any municipality or community board may waive the fifteen day 42 notice requirement. No premises having been granted a license pursuant 43 to this section shall be denied a renewal of such license upon the 44 grounds that such premises are within five hundred feet of a building or 45 buildings wherein three or more premises are licensed and operating 46 pursuant to this section and sections sixty-four, sixty-four-b, sixty- 47 four-c, and/or sixty-four-d of this article. NO LICENSE SHALL BE ISSUED 48 PURSUANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE 49 COMMUNITY BOARD HAS BEEN NOTIFIED. 50 S 5. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic 51 beverage control law, as amended by chapter 463 of the laws of 2009, is 52 amended to read as follows: 53 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 54 (a) of this subdivision, the authority may issue a license pursuant to 55 this section for a premises which shall be within five hundred feet of 56 three or more existing premises licensed and operating pursuant to this A. 9534 3 1 section and sections sixty-four, sixty-four-a, sixty-four-b and/or 2 sixty-four-d of this article if, after consultation with the munici- 3 pality or community board, it determines that granting such license 4 would be in the public interest. Before it may issue any such license, 5 the authority shall conduct a hearing, upon notice to the applicant and 6 the municipality or community board, and shall state and file in its 7 office its reasons therefor. Notice to the municipality or community 8 board shall mean written notice mailed by the authority to such munici- 9 pality or community board at least fifteen days in advance of any hear- 10 ing scheduled pursuant to this paragraph. Upon the request of the 11 authority, any municipality or community board may waive the fifteen day 12 notice requirement. No premises having been granted a license pursuant 13 to this section shall be denied a renewal of such license upon the 14 grounds that such premises are within five hundred feet of a building or 15 buildings wherein three or more premises are operating and licensed 16 pursuant to this section or sections sixty-four, sixty-four-a, sixty- 17 four-b and/or sixty-four-d of this article. NO LICENSE SHALL BE ISSUED 18 PURSUANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE 19 COMMUNITY BOARD HAS BEEN NOTIFIED. 20 S 6. This act shall take effect immediately.