Bill Text: NY S00152 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-04 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00152 Detail]

Download: New_York-2017-S00152-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           152
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          procedures  associated  with  issuing  licenses  to  sell  liquor  for
          consumption
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.    Subdivision  8 of section 100 of the alcoholic beverage
     2  control law, as added by chapter 256 of the laws of 1978 and  renumbered
     3  by  chapter  466 of the laws of 2015, is amended and a new subdivision 9
     4  is added to read as follows:
     5    8. Within ten days after filing a new application to  sell  liquor  at
     6  retail  under  section  sixty-three[, sixty-four, sixty-four-a or sixty-
     7  four-b] of this chapter, a notice thereof, in the form prescribed by the
     8  authority, shall be posted by the applicant in a  conspicuous  place  at
     9  the  entrance to the proposed premises. The applicant shall make reason-
    10  able efforts to insure such notice shall remain  posted  throughout  the
    11  pendency  of  the  application.  The  provisions hereof shall apply only
    12  where no retail liquor license  has  previously  been  granted  for  the
    13  proposed  premise  and  shall,  specifically,  not  be  applicable  to a
    14  proposed sale of an existing business engaged  in  the  retail  sale  of
    15  liquor.  The  authority may adopt such rules as it may deem necessary to
    16  carry out the purpose of this subdivision.
    17    9. (a) Within ten days after filing a new application or  an  applica-
    18  tion  for renewal to sell liquor under section sixty-four, sixty-four-a,
    19  sixty-four-b, sixty-four-c or sixty-four-d of  this  chapter,  a  notice
    20  thereof  shall  be posted by the applicant in a conspicuous place at the
    21  entrance to the establishment or proposed establishment where it can  be
    22  easily  read by passers-by. Said notice shall be in a form prescribed by
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00449-01-7
        S. 152                              2
     1  the authority, provided however that said notice shall be either printed
     2  or highlighted in a pink ink of a neon, luminous or fluorescent variety.
     3  The notice shall specify the application date, the type of license,  the
     4  identification  number  and how to contact the state liquor authority to
     5  give a response to the application.  The applicant shall make reasonable
     6  efforts to insure such notice shall remain posted throughout the penden-
     7  cy of such application.   Additionally, within ten days  of  the  appli-
     8  cant's  receipt  of  a written request from the authority, the applicant
     9  shall re-post such notice.  The authority may adopt such rules as it may
    10  deem necessary to carry out the purpose of this paragraph.
    11    (b) Within ten days of the applicant's receipt of written notice of  a
    12  hearing  scheduled  pursuant  to  section  sixty-four,  sixty-four-a  or
    13  sixty-four-c of this chapter, the applicant shall post a  copy  of  such
    14  notice  in  a  conspicuous place at the entrance to the establishment or
    15  proposed establishment where it can be easily read by  passers-by.  This
    16  notice  shall  include  in clear and concise language a statement of the
    17  use and capacity of the establishment. The applicant shall make  reason-
    18  able efforts to insure such notice shall remain posted until the date of
    19  the  hearing  or  public meeting specified in such notice. Additionally,
    20  within ten days of the applicant's receipt of a written request from the
    21  authority, the applicant shall re-post such notice.   The authority  may
    22  adopt  such  rules  as it may deem necessary to carry out the purpose of
    23  this paragraph.
    24    § 2. This act shall take effect on the ninetieth day  after  it  shall
    25  have  become  a  law and shall apply to all applications or applications
    26  for renewal made under section 64, 64-a, 64-b, 64-c or 64-d of the alco-
    27  holic beverage control law for a license to sell liquor for  consumption
    28  that  are  pending before or filed with the state liquor authority on or
    29  after such effective date; provided, however, that effective  immediate-
    30  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    31  necessary for the implementation of this act on its effective  date  are
    32  authorized  and  directed  to  be  made  and completed on or before such
    33  effective date.