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.