Bill Text: NY S03796 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to special permits to remain open during certain hours of the morning.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S03796 Detail]

Download: New_York-2013-S03796-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3796
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 15, 2013
                                      ___________
       Introduced  by  Sen.  AVELLA -- 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
         special permits to remain open during certain hours of the morning
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 99  of  the  alcoholic  beverage  control  law,  as
    2  amended  by  chapter  204  of  the laws of 1963, subdivisions 1 and 2 as
    3  amended by section 22 of part Z of chapter 85 of the laws  of  2002,  is
    4  amended to read as follows:
    5    S 99. Special  permit to remain open during certain hours of the morn-
    6  ing.  1. Any person licensed to sell alcoholic beverages for consumption
    7  on the premises pursuant to this chapter may apply to the liquor author-
    8  ity for a special permit to remain open on  any  week  day  between  the
    9  hours  of  four  o'clock  a.m.  or the closing hour prescribed by a rule
   10  adopted in a county on or before April first, nineteen  hundred  ninety-
   11  five  or  pursuant  to  subdivision  eleven of section seventeen of this
   12  chapter, and eight o'clock a.m. The fee for such permit shall be  fifty-
   13  one dollars per day.
   14    2.  NOT  LESS  THAN  THIRTY  DAYS  BEFORE  FILING AN APPLICATION FOR A
   15  SPECIAL PERMIT PURSUANT TO THIS SECTION, AN APPLICANT SHALL  NOTIFY  THE
   16  MUNICIPALITY IN WHICH THE PREMISES IS LOCATED OF SUCH APPLICANT'S INTENT
   17  TO  FILE  SUCH  AN  APPLICATION.  SUCH NOTIFICATION SHALL BE MADE TO THE
   18  CLERK OF THE VILLAGE, TOWN OR CITY, AS THE  CASE  MAY  BE,  WHEREIN  THE
   19  PREMISES IS LOCATED. FOR PURPOSES OF THIS SECTION:
   20    (A) NOTIFICATION NEED ONLY BE GIVEN TO THE CLERK OF A VILLAGE WHEN THE
   21  PREMISES IS LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE; AND
   22    (B)  IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSUANT
   23  TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH JURIS-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08895-01-3
       S. 3796                             2
    1  DICTION OVER THE AREA IN WHICH THE PREMISES IS LOCATED SHALL BE  CONSID-
    2  ERED THE APPROPRIATE PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.
    3    3.  NOT  LESS  THAN  THIRTY  DAYS  BEFORE  FILING AN APPLICATION FOR A
    4  SPECIAL PERMIT PURSUANT TO THIS SECTION, AN APPLICANT SHALL  NOTIFY  THE
    5  LOCAL  POLICE  DEPARTMENT,  OR IF NO LOCAL POLICE DEPARTMENT EXISTS, THE
    6  SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE PREMISES IS LOCATED.
    7    4. SUCH NOTIFICATION SHALL BE MADE BY: CERTIFIED MAIL, RETURN  RECEIPT
    8  REQUESTED; OVERNIGHT DELIVERY SERVICE WITH PROOF OF MAILING; OR PERSONAL
    9  SERVICE  UPON  THE OFFICES OF THE CLERK OR COMMUNITY BOARD AND THE LOCAL
   10  POLICE DEPARTMENT OR COUNTY SHERIFF'S DEPARTMENT.
   11    5. THE APPLICANT MUST INCLUDE, WITH  THE  APPLICATION  FOR  A  SPECIAL
   12  PERMIT,  PROOF THAT NOTICE WAS MAILED OR DELIVERED TO THE OFFICES OF THE
   13  CLERK OR COMMUNITY BOARD AND THE LOCAL POLICE DEPARTMENT OR COUNTY SHER-
   14  IFF'S DEPARTMENT.  ACCEPTABLE PROOF THAT NOTICE WAS MAILED OR  DELIVERED
   15  INCLUDES:
   16    (A) A COPY OF THE NOTICE AND A CERTIFIED MAIL RECEIPT CARD;
   17    (B) A COPY OF THE NOTICE AND A PROOF OF MAILING VIA OVERNIGHT DELIVERY
   18  SERVICE; OR
   19    (C) THE ORIGINAL NOTICE OR A COPY OF THE NOTICE, STAMPED AND SIGNED BY
   20  THE  CLERK  OR COMMUNITY BOARD AND THE LOCAL POLICE DEPARTMENT OR COUNTY
   21  SHERIFF'S DEPARTMENT.
   22    6. A MUNICIPALITY OR COMMUNITY BOARD MAY EXPRESS  AN  OPINION  FOR  OR
   23  AGAINST  THE  GRANTING  OF  SUCH  APPLICATION. ANY SUCH OPINION SHALL BE
   24  DEEMED PART OF THE RECORD UPON WHICH  THE  LIQUOR  AUTHORITY  MAKES  ITS
   25  DETERMINATION TO GRANT OR DENY THE APPLICATION.
   26    7.  The  liquor  authority  may,  in its discretion, issue to any such
   27  licensed person, whose premises are  located  within  a  trade  area,  a
   28  special  permit to remain open during such hours of the morning on week-
   29  days. The fee for such permit shall  be  at  the  rate  of  two  hundred
   30  fifty-six dollars per annum.
   31    [3.] 8. Such permits and the exercise of the privileges granted there-
   32  under  may  be subjected by the liquor authority to such rules as it may
   33  deem necessary.
   34    S 2. This act shall take effect immediately.