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.