Bill Text: NY S02359 | 2019-2020 | General Assembly | Introduced
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: (Passed) 2019-12-20 - APPROVAL MEMO.71 [S02359 Detail]
Download: New_York-2019-S02359-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2359 2019-2020 Regular Sessions IN SENATE January 24, 2019 ___________ Introduced by Sen. KAVANAGH -- 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-7four-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 23 the authority, provided however that said notice shall be either printed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02346-01-9S. 2359 2 1 or highlighted in a pink ink of a neon, luminous or fluorescent variety. 2 The notice shall specify the application date, the type of license, the 3 identification number and how to contact the state liquor authority to 4 give a response to the application. The applicant shall make reasonable 5 efforts to insure such notice shall remain posted throughout the penden- 6 cy of such application. Additionally, within ten days of the appli- 7 cant's receipt of a written request from the authority, the applicant 8 shall re-post such notice. The authority may adopt such rules as it may 9 deem necessary to carry out the purpose of this paragraph. 10 (b) Within ten days of the applicant's receipt of written notice of a 11 hearing scheduled pursuant to section sixty-four, sixty-four-a or 12 sixty-four-c of this chapter, the applicant shall post a copy of such 13 notice in a conspicuous place at the entrance to the establishment or 14 proposed establishment where it can be easily read by passers-by. This 15 notice shall include in clear and concise language a statement of the 16 use and capacity of the establishment. The applicant shall make reason- 17 able efforts to insure such notice shall remain posted until the date of 18 the hearing or public meeting specified in such notice. Additionally, 19 within ten days of the applicant's receipt of a written request from the 20 authority, the applicant shall re-post such notice. The authority may 21 adopt such rules as it may deem necessary to carry out the purpose of 22 this paragraph. 23 § 2. This act shall take effect on the ninetieth day after it shall 24 have become a law and shall apply to all applications or applications 25 for renewal made under section 64, 64-a, 64-b, 64-c or 64-d of the alco- 26 holic beverage control law for a license to sell liquor for consumption 27 that are pending before or filed with the state liquor authority on or 28 after such effective date; provided, however, that effective immediate- 29 ly, the addition, amendment and/or repeal of any rule or regulation 30 necessary for the implementation of this act on its effective date are 31 authorized and directed to be made and completed on or before such 32 effective date.
