S T A T E O F N E W Y O R K
________________________________________________________________________
6283
2009-2010 Regular Sessions
I N A S S E M B L Y
February 27, 2009
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Introduced by M. of A. ESPAILLAT, GOTTFRIED, V. LOPEZ, HOOPER, PHEFFER
-- Multi-Sponsored by -- M. of A. MILLMAN, TOWNS -- read once and
referred to the Committee on Economic Development, Job Creation,
Commerce and Industry
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:
Section 1. The alcoholic beverage control law is amended by adding a
new section 20 to read as follows:
S 20. AUTHORITY COMMUNITY LIAISON. 1. THE AUTHORITY SHALL APPOINT A
COMMUNITY LIAISON FOR EACH COMMUNITY BOARD IN THE CITY OF NEW YORK.
2. THE COMMUNITY LIAISON IS REQUIRED TO ENSURE THAT THE COMMUNITY
BOARD RECEIVES ALL PROPER NOTIFICATIONS OF LICENSE ISSUANCE OR RENEWAL
THAT ARE REQUIRED UNDER THE PROVISIONS OF THIS CHAPTER.
3. THE COMMUNITY LIAISON IS RESPONSIBLE FOR:
A. REGULARLY ATTENDING THE MEETINGS OF THE COMMUNITY BOARD FOR WHICH
HE OR SHE IS ACTING AS THE LIAISON;
B. SUBMITTING REPORTS TO THE AUTHORITY WITH RESPECT TO ISSUES OF
CONCERN OF THE COMMUNITY BOARD FOR WHICH HE OR SHE IS THE LIAISON;
C. SUBMITTING ANY COMMUNITY BOARD RECOMMENDATIONS TO THE AUTHORITY;
AND
D. INFORMING THE COMMUNITY BOARD OF EVERY REGULARLY SCHEDULED MEETING
OF THE LIQUOR AUTHORITY AND PROVIDING AN AGENDA FOR SUCH MEETING AT
LEAST FIFTEEN DAYS PRIOR TO THE MEETING.
S 2. Subdivision 2-a of section 55 of the alcoholic beverage control
law, as added by chapter 582 of the laws of 1999, is amended to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08403-02-9
A. 6283 2
2-a. Notwithstanding any other provision of this chapter, upon receipt
in the city of New York of an application for a license under this
section, an application for renewal under section one hundred nine of
this chapter, or an application for an alteration to a premises licensed
for consumption on the premises under section ninety-nine-d of this
chapter, the applicant shall notify the community board established
pursuant to section twenty-eight hundred of the New York city charter
with jurisdiction over the area in which such licensed premises is to be
located by certified mail, return receipt requested, wherein the
prospective licensed premises is to be located or, in the case of an
application for A NEW LICENSE, A renewal OF A LICENSE, or alteration OF
A LICENSE where it is presently located [not less than thirty days prior
to the submission of its application for a license under this section or
for a renewal thereof pursuant to section one hundred nine of this chap-
ter]. Such community board may express an opinion for or against the
granting of such license. Any such opinion shall be deemed part of the
record upon which the liquor board makes its determination to grant or
deny such license. NO SUCH LICENSE SHALL BE ISSUED NEW, RENEWED OR
ALTERED UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE COMMUNITY BOARD
HAS BEEN NOTIFIED.
S 3. Subdivision 2-a of section 64 of the alcoholic beverage control
law, as amended by chapter 83 of the laws of 1995, is amended to read as
follows:
2-a. Notwithstanding any other provision of this chapter, upon receipt
of an application for a license under this section, an application for
renewal under section one hundred nine of this chapter, or an applica-
tion for an alteration to a premises licensed for consumption on the
premises under section ninety-nine-d of this chapter, the applicant
shall notify the clerk of the village, town or city, as the case may be,
by certified mail, return receipt requested, wherein the prospective
licensed premises is to be located or, in the case of an application for
renewal, or alteration where it is presently located [not less than
thirty days prior to the submission of its application for a license
under this section or for a renewal thereof pursuant to section one
hundred nine of this chapter]. For the purposes of the preceding
sentence notification need only be given to the clerk of a village when
such premises is to be located within the boundaries of the village. In
the city of New York, the community board established pursuant to
section twenty-eight hundred of the New York city charter with jurisdic-
tion over the area in which such licensed premises is to be located
shall be considered the appropriate public body to which notification
shall be given. Such municipality or community board, as the case may
be, may express an opinion for or against the granting of such license.
Any such opinion shall be deemed part of the record upon which the
liquor board makes its determination to grant or deny such license. IN
THE CITY OF NEW YORK, NO SUCH LICENSE SHALL BE ISSUED NEW, RENEWED OR
ALTERED UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE COMMUNITY BOARD
HAS BEEN NOTIFIED.
S 4. Paragraph (f) of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 602 of the laws of 1999, is
amended to read as follows:
(f) Notwithstanding the provisions of paragraph (b) of this subdivi-
sion, the authority may issue a retail license for on-premises consump-
tion for a premises which shall be within five hundred feet of three or
more existing premises licensed and operating pursuant to the provisions
of this section if, after consultation with the municipality or communi-
A. 6283 3
ty board, it determines that granting such license would be in the
public interest. Before it may issue any such license, the authority
shall conduct a hearing, upon notice to the applicant and the munici-
pality or community board, and shall state and file in its office its
reasons therefor. Notice to the municipality or community board shall
mean written notice mailed by the authority to such municipality or
community board at least fifteen days in advance of any hearing sched-
uled pursuant to this paragraph. Upon the request of the authority, any
municipality or community board may waive the fifteen day notice
requirement. No premises having been granted a license pursuant to this
section shall be denied a renewal of such license upon the grounds that
such premises are within five hundred feet of a building or buildings
wherein three or more premises are operating and licensed pursuant to
this section. NO LICENSE SHALL BE ISSUED PURSUANT TO THIS SECTION UNTIL
AT LEAST SIXTY DAYS AFTER THE APPROPRIATE COMMUNITY BOARD HAS BEEN NOTI-
FIED.
S 5. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
beverage control law, as amended by chapter 177 of the laws of 1996, is
amended to read as follows:
(d) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a retail license for
on-premises consumption for a premises which shall be within five
hundred feet of three or more existing premises licensed and operating
pursuant to the provisions of this section if, after consultation with
the municipality or community board, it determines that granting such
license would be in the public interest. Before it may issue any such
license, the authority shall conduct a hearing, upon notice to the
applicant and the municipality or community board, and shall state and
file in its office its reasons therefor. No premises having been granted
a license pursuant to this section shall be denied a renewal of such
license upon the grounds that such premises are within five hundred feet
of a building or buildings wherein three or more premises are operating
and licensed pursuant to this section. NO LICENSE SHALL BE ISSUED
PURSUANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE
COMMUNITY BOARD HAS BEEN NOTIFIED.
S 6. Subdivision 3 of section 64-c of the alcoholic beverage control
law, as added by chapter 538 of the laws of 1997, is amended to read as
follows:
3. Upon receipt of an original or a renewal application for a license
under this section, the applicant shall notify the clerk of the village,
town or city, as the case may be, by certified mail, return receipt
requested, wherein the prospective licensed premises is to be located
or, in the case of an application for renewal, where it is presently
located [not less than thirty days prior to the submission of its appli-
cation for a license under this section or for a renewal thereof]. For
the purposes of the preceding sentence notification need only be given
to the clerk of a village when such premises is to be located within the
boundaries of the village. In the city of New York, the community board
established pursuant to section twenty-eight hundred of the New York
city charter with jurisdiction over the area in which such licensed
premises is to be located shall be considered the appropriate public
body to which notification shall be given. Such municipality or commu-
nity board, as the case may be, may express an opinion for or against
the granting of such license. Any such opinion shall be deemed part of
the record upon which the liquor authority makes its determination to
grant or deny such license. IN THE CITY OF NEW YORK, NO SUCH LICENSE
A. 6283 4
SHALL BE ISSUED NEW, RENEWED OR ALTERED UNTIL AT LEAST SIXTY DAYS AFTER
THE APPROPRIATE COMMUNITY BOARD HAS BEEN NOTIFIED.
S 7. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
beverage control law, as added by chapter 538 of the laws of 1997, is
amended to read as follows:
(c) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section which shall be within five hundred feet of three or more
existing premises licensed and operating pursuant to the provisions of
this section or section sixty-four or sixty-four-a of this article if,
after consultation with the municipality or community board, it deter-
mines that granting such license would be in the public interest.
Before it may issue any such license, the authority shall conduct a
hearing, upon notice to the applicant and the municipality or community
board, and shall state and file in its office its reasons therefor. No
premises having been granted a license pursuant to this section shall be
denied a renewal of such license upon the grounds that such premises are
within five hundred feet of a building or buildings where three or more
premises are operating and licensed pursuant to this section or section
sixty-four or sixty-four-a of this article. NO LICENSE SHALL BE ISSUED
PURSUANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE
COMMUNITY BOARD HAS BEEN NOTIFIED.
S 8. Subdivision 3 of section 64-d of the alcoholic beverage control
law, as added by chapter 602 of the laws of 1999, is amended to read as
follows:
3. Upon receipt of an original or a renewal application for a license
under this section, the applicant shall notify the clerk of the village,
town or city, as the case may be, by certified mail, return receipt
requested, wherein the prospective licensed premises is to be located
or, in the case of an application for renewal, where it is presently
located[, not less than thirty days prior to the submission of its
application for a license under this section or for a renewal thereof].
For the purposes of the preceding sentence notification need only be
given to the clerk of a village when such premises is to be located
within the boundaries of the village. In the city of New York, the
community board established pursuant to section twenty-eight hundred of
the New York city charter with jurisdiction over the area in which such
licensed premises is to be located shall be considered the appropriate
public body to which notification shall be given. Such municipality or
community board, as the case may be, may express an opinion for or
against the granting of such license. Any such opinion shall be deemed
part of the record upon which the liquor authority makes its determi-
nation to grant or deny such license. NO SUCH LICENSE SHALL BE ISSUED
NEW, RENEWED OR ALTERED UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE
COMMUNITY BOARD HAS BEEN NOTIFIED.
S 9. Subdivision 1-a of section 81 of the alcoholic beverage control
law, as added by chapter 582 of the laws of 1999, is amended to read as
follows:
1-a. Notwithstanding any other provision of this chapter, upon receipt
in the city of New York of an application for a license under this
section, an application for renewal under section one hundred nine of
this chapter, or an application for an alteration to a premises licensed
for consumption on the premises under section ninety-nine-d of this
chapter, the applicant shall notify the community board established
pursuant to section twenty-eight hundred of the New York city charter
with jurisdiction over the area in which such licensed premises is to be
A. 6283 5
located by certified mail, return receipt requested, wherein the
prospective licensed premises is to be located or, in the case of an
application for renewal, or alteration where it is presently located
[not less than thirty days prior to the submission of its application
for a license under this section or for a renewal thereof pursuant to
section one hundred nine of this chapter]. Such community board may
express an opinion for or against the granting of such license. Any such
opinion shall be deemed part of the record upon which the liquor board
makes its determination to grant or deny such license. NO SUCH LICENSE
SHALL BE ISSUED NEW, RENEWED OR ALTERED UNTIL AT LEAST SIXTY DAYS AFTER
THE APPROPRIATE COMMUNITY BOARD HAS BEEN NOTIFIED.
S 10. This act shall take effect immediately.