Bill Text: NY S06722 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6722
                                   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
       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) REGULARLY ATTENDING THE MEETINGS OF THE COMMUNITY BOARD FOR  WHICH
   10  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. Section 110-b of the alcoholic beverage control law is amended by
   19  adding a new subdivision 8 to read as follows:
   20    8. IF THE PREMISES IS LOCATED WITHIN THE CITY OF NEW YORK, THE  LIQUOR
   21  AUTHORITY  SHALL NOT GRANT SUCH AN APPLICATION UNTIL AT LEAST SIXTY DAYS
   22  AFTER THE APPROPRIATE COMMUNITY BOARD HAS BEEN NOTIFIED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15043-01-2
       S. 6722                             2
    1    S 3. Paragraph (f) of subdivision 7 of section  64  of  the  alcoholic
    2  beverage  control law, as amended by chapter 463 of the laws of 2009, is
    3  amended to read as follows:
    4    (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
    5  sion, the authority may issue a license pursuant to this section  for  a
    6  premises which shall be within five hundred feet of three or more exist-
    7  ing  premises  licensed  and  operating  pursuant  to  this  section and
    8  sections sixty-four-a, sixty-four-b, sixty-four-c,  and/or  sixty-four-d
    9  of this article if, after consultation with the municipality or communi-
   10  ty  board,  it  determines  that  granting  such license would be in the
   11  public interest. Before it may issue any  such  license,  the  authority
   12  shall  conduct  a  hearing, upon notice to the applicant and the munici-
   13  pality or community board, and shall state and file in  its  office  its
   14  reasons  therefor.  Notice  to the municipality or community board shall
   15  mean written notice mailed by the  authority  to  such  municipality  or
   16  community  board  at least fifteen days in advance of any hearing sched-
   17  uled pursuant to this paragraph. Upon the request of the authority,  any
   18  municipality  or  community  board  may  waive  the  fifteen  day notice
   19  requirement. No premises having been granted a license pursuant to  this
   20  section  shall be denied a renewal of such license upon the grounds that
   21  such premises are within five hundred feet of a  building  or  buildings
   22  wherein  three  or  more premises are licensed and operating pursuant to
   23  this section  and  sections  sixty-four-a,  sixty-four-b,  sixty-four-c,
   24  and/or  sixty-four-d of this article.  NO LICENSE SHALL BE ISSUED PURSU-
   25  ANT TO THIS SECTION UNTIL AT LEAST  SIXTY  DAYS  AFTER  THE  APPROPRIATE
   26  COMMUNITY BOARD HAS BEEN NOTIFIED.
   27    S  4.  Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
   28  beverage control law, as amended by chapter 463 of the laws of 2009,  is
   29  amended to read as follows:
   30    (d)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
   31  (a) of this subdivision, the authority may issue a license  pursuant  to
   32  this  section  for a premises which shall be within five hundred feet of
   33  three or more existing premises licensed and operating pursuant to  this
   34  section  and  sections  sixty-four,  sixty-four-b,  sixty-four-c, and/or
   35  sixty-four-d of this article if, after  consultation  with  the  munici-
   36  pality  or  community  board,  it  determines that granting such license
   37  would be in the public interest. Before it may issue any  such  license,
   38  the  authority shall conduct a hearing, upon notice to the applicant and
   39  the municipality or community board, and shall state  and  file  in  its
   40  office  its  reasons  therefor.  Notice to the municipality or community
   41  board shall mean written notice mailed by the authority to such  munici-
   42  pality  or community board at least fifteen days in advance of any hear-
   43  ing scheduled pursuant to  this  paragraph.  Upon  the  request  of  the
   44  authority, any municipality or community board may waive the fifteen day
   45  notice  requirement.  No premises having been granted a license pursuant
   46  to this section shall be denied a  renewal  of  such  license  upon  the
   47  grounds that such premises are within five hundred feet of a building or
   48  buildings  wherein  three  or  more  premises are licensed and operating
   49  pursuant to this section and sections sixty-four,  sixty-four-b,  sixty-
   50  four-c, and/or sixty-four-d of this article.  NO LICENSE SHALL BE ISSUED
   51  PURSUANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE
   52  COMMUNITY BOARD HAS BEEN NOTIFIED.
   53    S  5. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
   54  beverage control law, as amended by chapter 463 of the laws of 2009,  is
   55  amended to read as follows:
       S. 6722                             3
    1    (c)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
    2  (a) of this subdivision, the authority may issue a license  pursuant  to
    3  this  section  for a premises which shall be within five hundred feet of
    4  three or more existing premises licensed and operating pursuant to  this
    5  section  and  sections  sixty-four,  sixty-four-a,  sixty-four-b  and/or
    6  sixty-four-d of this article if, after  consultation  with  the  munici-
    7  pality  or  community  board,  it  determines that granting such license
    8  would be in the public interest. Before it may issue any  such  license,
    9  the  authority shall conduct a hearing, upon notice to the applicant and
   10  the municipality or community board, and shall state  and  file  in  its
   11  office  its  reasons  therefor.  Notice to the municipality or community
   12  board shall mean written notice mailed by the authority to such  munici-
   13  pality  or community board at least fifteen days in advance of any hear-
   14  ing scheduled pursuant to  this  paragraph.  Upon  the  request  of  the
   15  authority, any municipality or community board may waive the fifteen day
   16  notice  requirement.  No premises having been granted a license pursuant
   17  to this section shall be denied a  renewal  of  such  license  upon  the
   18  grounds that such premises are within five hundred feet of a building or
   19  buildings  wherein  three  or  more  premises are operating and licensed
   20  pursuant to this section or sections  sixty-four,  sixty-four-a,  sixty-
   21  four-b  and/or sixty-four-d of this article.  NO LICENSE SHALL BE ISSUED
   22  PURSUANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE
   23  COMMUNITY BOARD HAS BEEN NOTIFIED.
   24    S 6. This act shall take effect immediately.