Bill Text: NY S06443 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides the liquor authority the ability to set the duration of brewer's licenses, farm brewery licenses and restaurant-brewer licenses to three years.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2023-06-07 - SUBSTITUTED BY A6134 [S06443 Detail]

Download: New_York-2023-S06443-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6443

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 20, 2023
                                       ___________

        Introduced  by  Sen. HINCHEY -- 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
          changing the duration of certain licenses

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  57-a  of  the alcoholic beverage control law, as
     2  added by chapter 504 of the laws of 1975, is amended to read as follows:
     3    § 57-a. Change in  duration  of  licenses.  The  liquor  authority  is
     4  authorized to change the periods during which the licenses authorized by
     5  sections  fifty-one,  fifty-one-a, fifty-three-a, fifty-four, fifty-five
     6  and fifty-five-a shall be effective and to  establish  the  commencement
     7  dates,  duration  and  expiration  dates  thereof, provided that no such
     8  license shall be effective for a period in excess of three  years.  When
     9  any  change or changes are made in the duration of any such license, the
    10  license fee shall be equal to the annual license fee specified  in  this
    11  article  multiplied  by  the  number  of years for which such license is
    12  issued.  The liquor authority may make such rules as shall be  appropri-
    13  ate to carry out the purpose of this section.
    14    §  2.  Section 67 of the alcoholic beverage control law, as amended by
    15  chapter 703 of the laws of 2022, is amended to read as follows:
    16    § 67. License fees, duration  of  licenses;  fee  for  part  of  year.
    17  Effective  April  first,  nineteen hundred eighty-three, licenses issued
    18  pursuant to  sections  sixty-one,  sixty-two,  sixty-three,  sixty-four,
    19  sixty-four-a,  sixty-four-b, sixty-four-c and sixty-four-e of this arti-
    20  cle shall be effective for three years at three times that  annual  fee,
    21  except  that,  in  implementing the purposes of this section, the liquor
    22  authority shall schedule the commencement dates, duration and expiration
    23  dates thereof to provide for an equal cycle of license  renewals  issued
    24  under each such section through the course of the fiscal year. Effective

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10441-01-3
        S. 6443                             2

     1  December  first, nineteen hundred ninety-eight, licenses issued pursuant
     2  to sections sixty-four, sixty-four-a and sixty-four-b  of  this  article
     3  shall  be  effective  for two years at two times that annual fee, except
     4  that, in implementing the purposes of this section, the liquor authority
     5  shall  schedule  the  commencement  dates, duration and expiration dates
     6  thereof to provide for an equal cycle of license renewals  issued  under
     7  each such section through the course of the fiscal year. Notwithstanding
     8  the  foregoing,  commencing  on December first, nineteen hundred ninety-
     9  eight and concluding on July thirty-first, two thousand two, a  licensee
    10  issued  a license pursuant to section sixty-four, sixty-four-a or sixty-
    11  four-b of this article may elect to remit the fee for  such  license  in
    12  equal  annual  installments.  Such  installments  shall  be due on dates
    13  established by the liquor authority and the failure  of  a  licensee  to
    14  have  remitted  such  annual  installments  after  a due date shall be a
    15  violation of this chapter. For licenses issued for less than the  three-
    16  year  licensing  period,  the license fee shall be levied on a pro-rated
    17  basis. The entire license fee shall be due and payable at  the  time  of
    18  application. The liquor authority may make such rules as shall be appro-
    19  priate to carry out the purpose of this section.
    20    § 3. This act shall take effect on the one hundred eightieth day after
    21  it shall have become a law.  Effective immediately, the addition, amend-
    22  ment and/or repeal of any rule or regulation necessary for the implemen-
    23  tation  of  this act on its effective date are authorized to be made and
    24  completed on or before such effective date.