Bill Text: NY S02360 | 2019-2020 | General Assembly | Introduced
Bill Title: Ensures that the provisions governing liquor licenses are consistent with respect to public interest factors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S02360 Detail]
Download: New_York-2019-S02360-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2360 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 Commerce, Economic Devel- opment and Small Business AN ACT to amend the alcoholic beverage control law, in relation to making the provisions governing the various on-premises liquor licenses consistent with respect to public interest factors that may be considered by the state liquor authority when evaluating the merits of a license application The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6-a of section 64 of the alcoholic beverage 2 control law, as added by chapter 670 of the laws of 1993, is amended to 3 read as follows: 4 6-a. The authority may consider [any or] all of the following in 5 determining whether public convenience and advantage and the public 6 interest will be promoted by the granting of licenses and permits for 7 the sale of alcoholic beverages at a particular unlicensed location: 8 (a) [The] the number, classes and character of licenses in proximity 9 to the location and in the particular municipality or subdivision there- 10 of[.]; 11 (b) [Evidence] evidence that all necessary licenses and permits have 12 been obtained from the state and all other governing bodies[.]; 13 (c) [Effect] effect of the grant of the license on vehicular traffic 14 and parking in proximity to the location[.]; 15 (d) [The] the existing noise level at the location and any increase in 16 noise level that would be generated by the proposed premises[.]; 17 (e) [The] the history of liquor violations and reported criminal 18 activity at the proposed premises[.]; 19 (f) history of building and fire violations at any businesses owned 20 and/or operated by the applicant; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02307-01-9S. 2360 2 1 (g) history of formal communication from the municipality or community 2 board made pursuant to this chapter for businesses owned and/or operated 3 by the applicant; and 4 (h) [Any] any other factors specified by law or regulation that are 5 relevant to determine the public convenience and advantage [and public6interest of the community] and necessary to find that the granting of 7 such license shall be in the public interest. 8 § 2. Section 64-a of the alcoholic beverage control law is amended by 9 adding a new subdivision 6-a to read as follows: 10 6-a. The authority may consider all of the following in determining 11 whether public convenience and advantage and the public interest will be 12 promoted by the granting of licenses and permits for the sale of alco- 13 holic beverages at a particular unlicensed location: 14 (a) the number, classes and character of licenses in proximity to the 15 location and in the particular municipality or subdivision thereof; 16 (b) evidence that applicants have secured all necessary licenses and 17 permits from the state and all other governing bodies; 18 (c) the effect that the granting of the license will have on vehicular 19 traffic and parking in the proximity of the location; 20 (d) the existing noise level at the location and any increase in noise 21 level that would be generated by the proposed premises; 22 (e) the history of liquor violations and reported criminal activity at 23 the proposed premises; 24 (f) history of building and fire violations at any businesses owned 25 and/or operated by the applicant; 26 (g) history of formal communication from the municipality or community 27 board made pursuant to this chapter for businesses owned and/or operated 28 by the applicant; and 29 (h) any other factors specified by law or regulation that are relevant 30 to determine the public convenience or advantage and necessary to find 31 that the granting of such license shall be in the public interest. 32 § 3. Section 64-b of the alcoholic beverage control law is amended by 33 adding a new subdivision 4-a to read as follows: 34 4-a. The authority may consider all of the following in determining 35 whether public convenience and advantage and the public interest will be 36 promoted by the granting of licenses and permits for the sale of alco- 37 holic beverages at a particular unlicensed location: 38 (a) the number, classes and character of licenses in proximity to the 39 location and in the particular municipality or subdivision thereof; 40 (b) evidence that applicants have secured all necessary licenses and 41 permits from the state and all other governing bodies; 42 (c) the effect that the granting of the license will have on vehicular 43 traffic and parking in the proximity of the location; 44 (d) the existing noise level at the location and any increase in noise 45 level that would be generated by the proposed premises; 46 (e) the history of liquor violations and reported criminal activity at 47 the proposed premises; 48 (f) history of building and fire violations at any businesses owned 49 and/or operated by the applicant; 50 (g) history of formal communication from the municipality or community 51 board made pursuant to this chapter for businesses owned and/or operated 52 by the applicant; and 53 (h) any other factors specified by law or regulation that are relevant 54 to determine the public convenience or advantage and necessary to find 55 that the granting of such license shall be in the public interest.S. 2360 3 1 § 4. Section 64-c of the alcoholic beverage control law is amended by 2 adding a new subdivision 10-a to read as follows: 3 10-a. The authority may consider all of the following in determining 4 whether public convenience and advantage and the public interest will be 5 promoted by the granting of licenses and permits for the sale of alco- 6 holic beverages at a particular unlicensed location: 7 (a) the number, classes and character of licenses in proximity to the 8 location and in the particular municipality or subdivision thereof; 9 (b) evidence that applicants have secured all necessary licenses and 10 permits from the state and all other governing bodies; 11 (c) the effect that the granting of the license will have on vehicular 12 traffic and parking in the proximity of the location; 13 (d) the existing noise level at the location and any increase in noise 14 level that would be generated by the proposed premises; 15 (e) the history of liquor violations and reported criminal activity at 16 the proposed premises; 17 (f) history of building and fire violations at any businesses owned 18 and/or operated by the applicant; 19 (g) history of formal communication from the municipality or community 20 board made pursuant to this chapter for businesses owned and/or operated 21 by the applicant; and 22 (h) any other factors specified by law or regulation that are relevant 23 to determine the public convenience or advantage and necessary to find 24 that the granting of such license shall be in the public interest. 25 § 5. Paragraph (f) of subdivision 7 of section 64 of the alcoholic 26 beverage control law, as amended by chapter 185 of the laws of 2012, is 27 amended to read as follows: 28 (f) Notwithstanding the provisions of paragraph (b) of this subdivi- 29 sion, the authority may issue a license pursuant to this section for a 30 premises which shall be within five hundred feet of three or more exist- 31 ing premises licensed and operating pursuant to this section and 32 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d 33 of this article if, after consultation with the municipality or communi- 34 ty board, and due consideration of formal communication from the munici- 35 pality or community board, it determines that granting such license 36 would be in the public interest. Before it may issue any such license, 37 the authority shall conduct a hearing, upon notice to the applicant and 38 the municipality or community board, and shall state and file in its 39 office its reasons therefor. The hearing may be rescheduled, adjourned 40 or continued, and the authority shall give notice to the applicant and 41 the municipality or community board of any such rescheduled, adjourned 42 or continued hearing. Before the authority issues any said license, the 43 authority or one or more of the commissioners thereof may, in addition 44 to the hearing required by this paragraph, also conduct a public meeting 45 regarding said license, upon notice to the applicant and the munici- 46 pality or community board. The public meeting may be rescheduled, 47 adjourned or continued, and the authority shall give notice to the 48 applicant and the municipality or community board of any such resched- 49 uled, adjourned or continued public meeting. Notice to the municipality 50 or community board shall mean written notice mailed by the authority to 51 such municipality or community board at least fifteen days in advance of 52 any hearing scheduled pursuant to this paragraph. Upon the request of 53 the authority, any municipality or community board may waive the fifteen 54 day notice requirement. No premises having been granted a license pursu- 55 ant to this section shall be denied a renewal of such license upon the 56 grounds that such premises are within five hundred feet of a building orS. 2360 4 1 buildings wherein three or more premises are licensed and operating 2 pursuant to this section and sections sixty-four-a, sixty-four-b, 3 sixty-four-c, and/or sixty-four-d of this article. 4 § 6. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic 5 beverage control law, as amended by chapter 185 of the laws of 2012, is 6 amended to read as follows: 7 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph 8 (a) of this subdivision, the authority may issue a license pursuant to 9 this section for a premises which shall be within five hundred feet of 10 three or more existing premises licensed and operating pursuant to this 11 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or 12 sixty-four-d of this article if, after consultation with the munici- 13 pality or community board, and due consideration of formal communication 14 from the municipality or community board, it determines that granting 15 such license would be in the public interest. Before it may issue any 16 such license, the authority shall conduct a hearing, upon notice to the 17 applicant and the municipality or community board, and shall state and 18 file in its office its reasons therefor. Notice to the municipality or 19 community board shall mean written notice mailed by the authority to 20 such municipality or community board at least fifteen days in advance of 21 any hearing scheduled pursuant to this paragraph. Upon the request of 22 the authority, any municipality or community board may waive the fifteen 23 day notice requirement. The hearing may be rescheduled, adjourned or 24 continued, and the authority shall give notice to the applicant and the 25 municipality or community board of any such rescheduled, adjourned or 26 continued hearing. Before the authority issues any said license, the 27 authority or one or more of the commissioners thereof may, in addition 28 to the hearing required by this paragraph, also conduct a public meeting 29 regarding said license, upon notice to the applicant and the munici- 30 pality or community board. The public meeting may be rescheduled, 31 adjourned or continued, and the authority shall give notice to the 32 applicant and the municipality or community board of any such resched- 33 uled, adjourned or continued public meeting. No premises having been 34 granted a license pursuant to this section shall be denied a renewal of 35 such license upon the grounds that such premises are within five hundred 36 feet of a building or buildings wherein three or more premises are 37 licensed and operating pursuant to this section and sections sixty-four, 38 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article. 39 § 7. Paragraph (c) of subdivision 5 of section 64-b of the alcoholic 40 beverage control law, as amended by chapter 185 of the laws of 2012, is 41 amended to read as follows: 42 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 43 (a) of this subdivision, the authority may issue a license pursuant to 44 this section for a premises which shall be within five hundred feet of 45 three or more existing premises licensed and operating pursuant to this 46 section and sections sixty-four, sixty-four-a, sixty-four-c, and/or 47 sixty-four-d of this article if, after consultation with the munici- 48 pality or community board, and due consideration of formal communication 49 from the municipality or community board, it determines that granting 50 such license would be in the public interest. Before it may issue any 51 such license, the authority shall conduct a hearing, upon notice to the 52 applicant and the municipality or community board, and shall state and 53 file in its office its reasons therefor. The hearing may be rescheduled, 54 adjourned or continued, and the authority shall give notice to the 55 applicant and the municipality or community board of any such resched- 56 uled, adjourned or continued hearing. Before the authority issues anyS. 2360 5 1 said license, the authority or one or more of the commissioners thereof 2 may, in addition to the hearing required by this paragraph, also conduct 3 a public meeting regarding said license, upon notice to the applicant 4 and the municipality or community board. The public meeting may be 5 rescheduled, adjourned or continued, and the authority shall give notice 6 to the applicant and the municipality or community board of any such 7 rescheduled, adjourned or continued public meeting. Notice to the muni- 8 cipality or community board shall mean written notice mailed by the 9 authority to such municipality or community board at least fifteen days 10 in advance of any hearing scheduled pursuant to this paragraph. Upon the 11 request of the authority, any municipality or community board may waive 12 the fifteen day notice requirement. No premises having been granted a 13 license pursuant to this section shall be denied a renewal of such 14 license upon the grounds that such premises are within five hundred feet 15 of a building or buildings wherein three or more premises are licensed 16 and operating pursuant to this section and sections sixty-four, sixty- 17 four-a, sixty-four-c, and/or sixty-four-d of this article. 18 § 8. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic 19 beverage control law, as amended by chapter 185 of the laws of 2012, is 20 amended to read as follows: 21 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 22 (a) of this subdivision, the authority may issue a license pursuant to 23 this section for a premises which shall be within five hundred feet of 24 three or more existing premises licensed and operating pursuant to this 25 section and sections sixty-four, sixty-four-a, sixty-four-b and/or 26 sixty-four-d of this article if, after consultation with the munici- 27 pality or community board, and due consideration of formal communication 28 from the municipality or community board, it determines that granting 29 such license would be in the public interest. Before it may issue any 30 such license, the authority shall conduct a hearing, upon notice to the 31 applicant and the municipality or community board, and shall state and 32 file in its office its reasons therefor. The hearing may be rescheduled, 33 adjourned or continued, and the authority shall give notice to the 34 applicant and the municipality or community board of any such resched- 35 uled, adjourned or continued hearing. Before the authority issues any 36 said license, the authority or one or more of the commissioners thereof 37 may, in addition to the hearing required by this paragraph, also conduct 38 a public meeting regarding said license, upon notice to the applicant 39 and the municipality or community board. The public meeting may be 40 rescheduled, adjourned or continued, and the authority shall give notice 41 to the applicant and the municipality or community board of any such 42 rescheduled, adjourned or continued public meeting. Notice to the muni- 43 cipality or community board shall mean written notice mailed by the 44 authority to such municipality or community board at least fifteen days 45 in advance of any hearing scheduled pursuant to this paragraph. Upon the 46 request of the authority, any municipality or community board may waive 47 the fifteen day notice requirement. No premises having been granted a 48 license pursuant to this section shall be denied a renewal of such 49 license upon the grounds that such premises are within five hundred feet 50 of a building or buildings wherein three or more premises are operating 51 and licensed pursuant to this section or sections sixty-four, sixty- 52 four-a, sixty-four-b and/or sixty-four-d of this article. 53 § 9. This act shall take effect immediately.
