Bill Text: NY S06722 | 2011-2012 | General Assembly | Amended
Bill Title: Creates state liquor authority community liaisons to act between the state liquor authority and community boards of the city of New York; requires the community boards to be given at least sixty days notice before any wine, beer, or liquor license is issued, renewed, or altered within the boundaries of such community board.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-06-20 - AMENDED BY RESTORING TO PREVIOUS PRINT 6722A [S06722 Detail]
Download: New_York-2011-S06722-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6722--B
I N S E N A T E
March 13, 2012
___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the alcoholic beverage control law, in relation to
creating a liaison between the state liquor authority and local commu-
nity boards and providing a sixty day notification period for communi-
ty boards before the issuance of a new license, renewal of a license
or alteration of a license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The alcoholic beverage control law is amended by adding a
2 new section 110-c to read as follows:
3 S 110-C. AUTHORITY COMMUNITY LIAISON. 1. THE AUTHORITY SHALL APPOINT A
4 COMMUNITY LIAISON FOR EACH COMMUNITY BOARD IN THE CITY OF NEW YORK.
5 2. THE COMMUNITY LIAISON IS REQUIRED TO ENSURE THAT THE COMMUNITY
6 BOARD RECEIVES ALL PROPER NOTIFICATIONS OF LICENSE ISSUANCE, RENEWAL OR
7 ALTERATIONS THAT ARE REQUIRED UNDER THE PROVISIONS OF THIS CHAPTER.
8 3. THE COMMUNITY LIAISON IS RESPONSIBLE FOR:
9 (A) ATTENDING THE MEETINGS OF THE COMMUNITY BOARD, UPON THE REQUEST OF
10 SUCH COMMUNITY BOARD, FOR WHICH HE OR SHE IS ACTING AS THE LIAISON;
11 (B) SUBMITTING REPORTS TO THE AUTHORITY WITH RESPECT TO ISSUES OF
12 CONCERN OF THE COMMUNITY BOARD FOR WHICH HE OR SHE IS THE LIAISON;
13 (C) SUBMITTING ANY COMMUNITY BOARD RECOMMENDATIONS TO THE AUTHORITY;
14 AND
15 (D) INFORMING THE COMMUNITY BOARD OF EVERY REGULARLY SCHEDULED MEETING
16 OF THE LIQUOR AUTHORITY AND PROVIDING AN AGENDA FOR SUCH MEETING AT
17 LEAST FIFTEEN DAYS PRIOR TO THE MEETING.
18 S 2. The opening paragraph of subdivision 1 of section 110-b of the
19 alcoholic beverage control law, as amended by chapter 560 of the laws of
20 2011, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15043-05-2
S. 6722--B 2
1 Not less than thirty days before filing any of the following applica-
2 tions WITH THE STATE LIQUOR AUTHORITY IF A PREMISE IS LOCATED WITHIN A
3 MUNICIPALITY OR NOT LESS THAN SIXTY DAYS BEFORE FILING ANY OF THE
4 FOLLOWING APPLICATIONS WITH THE STATE LIQUOR AUTHORITY IF A PREMISE IS
5 LOCATED WITHIN THE CITY OF NEW YORK, an applicant shall notify the muni-
6 cipality OR THE COMMUNITY BOARD in which the premises is located of such
7 applicant's intent to file such an application:
8 S 3. Paragraph (f) of subdivision 7 of section 64 of the alcoholic
9 beverage control law, as amended by chapter 463 of the laws of 2009, is
10 amended to read as follows:
11 (f) Notwithstanding the provisions of paragraph (b) of this subdivi-
12 sion, the authority may issue a license pursuant to this section for a
13 premises which shall be within five hundred feet of three or more exist-
14 ing premises licensed and operating pursuant to this section and
15 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
16 of this article if, after consultation with the municipality or communi-
17 ty board, it determines that granting such license would be in the
18 public interest. Before it may issue any such license, the authority
19 shall conduct a hearing, upon notice to the applicant and the munici-
20 pality or community board, and shall state and file in its office its
21 reasons therefor. Notice to the municipality or community board shall
22 mean written notice mailed by the authority to such municipality [or
23 community board] at least fifteen days in advance OR TO SUCH COMMUNITY
24 BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hearing scheduled pursuant
25 to this paragraph. Upon the request of the authority, any municipality
26 [or community board] may waive the fifteen day notice requirement OR ANY
27 COMMUNITY BOARD MAY WAIVE THE THIRTY DAY NOTICE REQUIREMENT. No prem-
28 ises having been granted a license pursuant to this section shall be
29 denied a renewal of such license upon the grounds that such premises are
30 within five hundred feet of a building or buildings wherein three or
31 more premises are 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.
34 S 4. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
35 beverage control law, as amended by chapter 463 of the laws of 2009, is
36 amended to read as follows:
37 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph
38 (a) of this subdivision, the authority may issue a license pursuant to
39 this section for a premises which shall be within five hundred feet of
40 three or more existing premises licensed and operating pursuant to this
41 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
42 sixty-four-d of this article if, after consultation with the munici-
43 pality or community board, it determines that granting such license
44 would be in the public interest. Before it may issue any such license,
45 the authority shall conduct a hearing, upon notice to the applicant and
46 the municipality or community board, and shall state and file in its
47 office its reasons therefor. Notice to the municipality or community
48 board shall mean written notice mailed by the authority to such munici-
49 pality [or community board] at least fifteen days in advance OR TO SUCH
50 COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hearing scheduled
51 pursuant to this paragraph. Upon the request of the authority, any muni-
52 cipality [or community board] may waive the fifteen day notice require-
53 ment OR ANY COMMUNITY BOARD MAY WAIVE THE THIRTY DAY NOTICE REQUIREMENT.
54 No premises having been granted a license pursuant to this section shall
55 be denied a renewal of such license upon the grounds that such premises
56 are within five hundred feet of a building or buildings wherein three or
S. 6722--B 3
1 more premises are licensed and operating pursuant to this section and
2 sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of
3 this article.
4 S 5. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
5 beverage control law, as amended by chapter 463 of the laws of 2009, is
6 amended to read as follows:
7 (c) 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-a, sixty-four-b and/or
12 sixty-four-d of this article if, after consultation with the munici-
13 pality or community board, it determines that granting such license
14 would be in the public interest. Before it may issue any such license,
15 the authority shall conduct a hearing, upon notice to the applicant and
16 the municipality or community board, and shall state and file in its
17 office its reasons therefor. Notice to the municipality or community
18 board shall mean written notice mailed by the authority to such munici-
19 pality [or community board] at least fifteen days in advance OR TO SUCH
20 COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hearing scheduled
21 pursuant to this paragraph. Upon the request of the authority, any muni-
22 cipality [or community board] may waive the fifteen day notice require-
23 ment OR ANY COMMUNITY BOARD MAY WAIVE THE THIRTY DAY NOTICE REQUIREMENT.
24 No premises having been granted a license pursuant to this section shall
25 be denied a renewal of such license upon the grounds that such premises
26 are within five hundred feet of a building or buildings wherein three or
27 more premises are operating and licensed pursuant to this section or
28 sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of
29 this article.
30 S 6. This act shall take effect immediately.
