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

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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6722--A
                                   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
       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:
   21    Not  less than thirty days before filing any of the following applica-
   22  tions WITH THE STATE LIQUOR AUTHORITY IF A PREMISE IS LOCATED  WITHIN  A
   23  MUNICIPALITY  OR  NOT  LESS  THAN  SIXTY  DAYS  BEFORE FILING ANY OF THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15043-03-2
       S. 6722--A                          2
    1  FOLLOWING APPLICATIONS WITH THE STATE LIQUOR AUTHORITY IF A  PREMISE  IS
    2  LOCATED WITHIN THE CITY OF NEW YORK, an applicant shall notify the muni-
    3  cipality OR THE COMMUNITY BOARD in which the premises is located of such
    4  applicant's intent to file such an application:
    5    S  3.  Paragraph  (f)  of subdivision 7 of section 64 of the alcoholic
    6  beverage control law, as amended by chapter 463 of the laws of 2009,  is
    7  amended to read as follows:
    8    (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
    9  sion, the authority may issue a license pursuant to this section  for  a
   10  premises which shall be within five hundred feet of three or more exist-
   11  ing  premises  licensed  and  operating  pursuant  to  this  section and
   12  sections sixty-four-a, sixty-four-b, sixty-four-c,  and/or  sixty-four-d
   13  of this article if, after consultation with the municipality or communi-
   14  ty  board,  it  determines  that  granting  such license would be in the
   15  public interest. Before it may issue any  such  license,  the  authority
   16  shall  conduct  a  hearing, upon notice to the applicant and the munici-
   17  pality or community board, and shall state and file in  its  office  its
   18  reasons  therefor.  Notice  to the municipality or community board shall
   19  mean written notice mailed by the authority  to  such  municipality  [or
   20  community  board]  at least fifteen days in advance OR TO SUCH COMMUNITY
   21  BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hearing scheduled  pursuant
   22  to  this  paragraph. Upon the request of the authority, any municipality
   23  or [community board] may waive the fifteen day notice requirement OR ANY
   24  COMMUNITY BOARD MAY WAIVE THE THIRTY DAY NOTICE REQUIREMENT.   No  prem-
   25  ises  having  been  granted  a license pursuant to this section shall be
   26  denied a renewal of such license upon the grounds that such premises are
   27  within five hundred feet of a building or  buildings  wherein  three  or
   28  more  premises  are  licensed and operating pursuant to this section and
   29  sections sixty-four-a, sixty-four-b, sixty-four-c,  and/or  sixty-four-d
   30  of this article.
   31    S  4.  Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
   32  beverage control law, as amended by chapter 463 of the laws of 2009,  is
   33  amended to read as follows:
   34    (d)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
   35  (a) of this subdivision, the authority may issue a license  pursuant  to
   36  this  section  for a premises which shall be within five hundred feet of
   37  three or more existing premises licensed and operating pursuant to  this
   38  section  and  sections  sixty-four,  sixty-four-b,  sixty-four-c, and/or
   39  sixty-four-d of this article if, after  consultation  with  the  munici-
   40  pality  or  community  board,  it  determines that granting such license
   41  would be in the public interest. Before it may issue any  such  license,
   42  the  authority shall conduct a hearing, upon notice to the applicant and
   43  the municipality or community board, and shall state  and  file  in  its
   44  office  its  reasons  therefor.  Notice to the municipality or community
   45  board shall mean written notice mailed by the authority to such  munici-
   46  pality  [or community board] at least fifteen days in advance OR TO SUCH
   47  COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hearing scheduled
   48  pursuant to this paragraph. Upon the request of the authority, any muni-
   49  cipality [or community board] may waive the fifteen day notice  require-
   50  ment OR ANY COMMUNITY BOARD MAY WAIVE THE THIRTY DAY NOTICE REQUIREMENT.
   51  No premises having been granted a license pursuant to this section shall
   52  be  denied a renewal of such license upon the grounds that such premises
   53  are within five hundred feet of a building or buildings wherein three or
   54  more premises are licensed and operating pursuant to  this  section  and
   55  sections  sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of
   56  this article.
       S. 6722--A                          3
    1    S 5. Paragraph (c) of subdivision 11 of section 64-c 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    (c)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
    5  (a) of this subdivision, the authority may issue a license  pursuant  to
    6  this  section  for a premises which shall be within five hundred feet of
    7  three or more existing premises licensed and operating pursuant to  this
    8  section  and  sections  sixty-four,  sixty-four-a,  sixty-four-b  and/or
    9  sixty-four-d of this article if, after  consultation  with  the  munici-
   10  pality  or  community  board,  it  determines that granting such license
   11  would be in the public interest. Before it may issue any  such  license,
   12  the  authority shall conduct a hearing, upon notice to the applicant and
   13  the municipality or community board, and shall state  and  file  in  its
   14  office  its  reasons  therefor.  Notice to the municipality or community
   15  board shall mean written notice mailed by the authority to such  munici-
   16  pality  [or community board] at least fifteen days in advance OR TO SUCH
   17  COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hearing scheduled
   18  pursuant to this paragraph. Upon the request of the authority, any muni-
   19  cipality [or community board] may waive the fifteen day notice  require-
   20  ment OR ANY COMMUNITY BOARD MAY WAIVE THE THIRTY DAY NOTICE REQUIREMENT.
   21  No premises having been granted a license pursuant to this section shall
   22  be  denied a renewal of such license upon the grounds that such premises
   23  are within five hundred feet of a building or buildings wherein three or
   24  more premises are operating and licensed pursuant  to  this  section  or
   25  sections  sixty-four,  sixty-four-a, sixty-four-b and/or sixty-four-d of
   26  this article.
   27    S 6. This act shall take effect immediately.