NY State Senate Bill 2009-S4141

Senate Bill S4141

2009-2010 Legislative Session

Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to investigations and government operations
Apr 14, 2009	referred to investigations and government operations

2009-S4141 (ACTIVE) - Details

See Assembly Version of this Bill:: A2624
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §100, ABC L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S39, A3594
2013-2014: S186, A3768
2015-2016: S119, A3557
2017-2018: S152, S7080, A3859
2019-2020: S2359, A4520

2009-S4141 (ACTIVE) - Summary

Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor; requires an applicant seeking or renewing a license to sell liquor at retail for consumption on the premises, a special license to sell liquor at retail on premises, a license to sell liquor on premises of a bottle club, license to manufacture and sell in a restaurant/brewer, or license to sell liquor on premises at a cabaret to post notice of such to the community or community board with jurisdiction over the area in which the licensed establishment is located to ensure the opportunity to participate in the licensing process.

2009-S4141 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4141

 TITLE OF BILL :
An act to amend the alcoholic beverage control law, in relation to
procedures associated with issuing licenses to sell liquor for
consumption


 PURPOSE OR GENERAL IDEA OF BILL :
Requires the posting of notice by certain establishments upon the
submission of an application or application for renewal for a liquor
license to sell liquor.

 SUMMARY OF SPECIFIC PROVISIONS :
The alcoholic beverage control law is amended by adding a new
subdivision to chapter 256 of the laws of 1978. This subdivision
requires posting within ten days after filing a new or renewal
application to sell liquor at retail. This notice will remain posted
until the date of the hearing or public meeting specified in such
notice. The posting shall specify the application date, the type of
license, the identification number and how to contact the State Liquor
Authority to give a response to the application. This posting will be
of the form prescribed by the authority either printed or highlighted
stating new or renewal for a liquor license to sell liquor. The
applicant will insure that the notice will remain posted in a
conspicuous place at the entrance to the establishment or proposed

establishment where it can be easily read by passers-by throughout the
pendency of the application.  These provisions will only apply to
where no retail liquor license has been previously granted. This will
not be applicable to a proposed sale of an existing business engaged
in the retail sale of liquor.  Within ten days of the applicant's
receipt of a written request from the authority, the applicant shall
repost such notice.

 JUSTIFICATION :
A majority of licensed premises which serve alcohol and beer operate
as good neighbors. However, there are some establishments which have
caused numerous problems for their neighbors. In some instances,
licensees have exhibited a pattern of disregard of their patrons'
disorderly behavior which repeatedly disturbs the neighborhoods in
which they are located. In others, loud music emanating from
establishments prevents residents from getting a good night's sleep.
The effect of these problem bars in densely-developed, mixed-use areas
is often magnified as residents live in close proximity to licensed
establishments.

While problem bars have led neighbors to make complaints to owners of
establishments and the police, residents are often unfamiliar with the
timeframe in which they may express their complaints and share their
experiences with the State Liquor Authority. Consequently, many
individuals miss these opportunities to express their concerns while
the State Liquor Authority is considering an establishment's
application for a new liquor license or a renewal of a liquor license.

This legislation requires that all establishments post clear notice
when they apply for a new, or renewal liquor license. In addition,
establishments are mandated to post notice of State Liquor Authority
hearings involving their establishment. In this way, the public will
be alerted to upcoming opportunities to bring their issues and
concerns about problem establishments to the attention of the State
Liquor Authority.

Since community members must live with the consequences of problem
establishments, it is essential that they be aware of opportunities to
express their concerns directly to the State Liquor Authority.
Improving public notice will also help provide the State Liquor
Authority with a fuller picture of the impact of problem
establishments, so that the liquor license decisions that they make
will better reflect the totality of circumstances.

 PRIOR LEGISLATIVE HISTORY :
2006: A.10049, Reported from Economic Development and Referred to
Codes.
2007-08: A.4584 Third Reading Cal. 974

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall become
law and shall apply to all applications or applications for renewal
made under section 64, 64-a, 64-b, 64-c, 64-d of the alcohol beverage
control law with the state liquor authority on or after such effective
date; provided that any rules or regulations necessary or convenient
to implement the provisions of the act are authorized to be
promulgated on or before such effective date.

2009-S4141 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4141

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 14, 2009
                               ___________

Introduced  by Sen. SQUADRON -- 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
  procedures  associated  with  issuing  licenses  to  sell  liquor  for
  consumption

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision  7 of section 100 of the alcoholic beverage
control law, as added by chapter 256 of the laws of 1978, is amended and
a new subdivision 8 is added to read as follows:
  7. Within ten days after filing a new application to  sell  liquor  at
retail  under  section  sixty-three[, sixty-four, sixty-four-a or sixty-
four-b] of this chapter, a notice thereof, in the form prescribed by the
authority, shall be posted by the applicant in a  conspicuous  place  at
the  entrance to the proposed premises. The applicant shall make reason-
able efforts to insure such notice shall remain  posted  throughout  the
pendency  of  the  application.  The  provisions hereof shall apply only
where no retail liquor license  has  previously  been  granted  for  the
proposed  premise  and  shall,  specifically,  not  be  applicable  to a
proposed sale of an existing business engaged  in  the  retail  sale  of
liquor.  The  authority may adopt such rules AS it may deem necessary to
carry out the purpose of this subdivision.
  8. (A) WITHIN TEN DAYS AFTER FILING A NEW APPLICATION OR  AN  APPLICA-
TION  FOR RENEWAL TO SELL LIQUOR UNDER SECTION SIXTY-FOUR, SIXTY-FOUR-A,
SIXTY-FOUR-B, SIXTY-FOUR-C OR SIXTY-FOUR-D OF  THIS  CHAPTER,  A  NOTICE
THEREOF  SHALL  BE POSTED BY THE APPLICANT IN A CONSPICUOUS PLACE AT THE
ENTRANCE TO THE ESTABLISHMENT OR PROPOSED ESTABLISHMENT WHERE IT CAN  BE
EASILY  READ BY PASSERS-BY. SAID NOTICE SHALL BE IN A FORM PRESCRIBED BY
THE AUTHORITY, PROVIDED HOWEVER THAT SAID NOTICE SHALL BE EITHER PRINTED
OR HIGHLIGHTED IN A PINK INK OF A NEON, LUMINOUS OR FLUORESCENT  VARIETY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04516-01-9

S. 4141                             2

(SUCH AS "DAY-GLO" INK).  THE NOTICE SHALL SPECIFY THE APPLICATION DATE,
THE  TYPE  OF  LICENSE, THE IDENTIFICATION NUMBER AND HOW TO CONTACT THE
STATE LIQUOR AUTHORITY TO GIVE A  RESPONSE  TO  THE  APPLICATION.    THE
APPLICANT  SHALL  MAKE  REASONABLE  EFFORTS  TO INSURE SUCH NOTICE SHALL
REMAIN POSTED THROUGHOUT  THE  PENDENCY  OF  SUCH  APPLICATION.    ADDI-
TIONALLY,  WITHIN  TEN  DAYS  OF  THE  APPLICANT'S  RECEIPT OF A WRITTEN
REQUEST FROM THE AUTHORITY, THE APPLICANT  SHALL  RE-POST  SUCH  NOTICE.
THE AUTHORITY MAY ADOPT SUCH RULES AS IT MAY DEEM NECESSARY TO CARRY OUT
THE PURPOSE OF THIS PARAGRAPH.
  (B)  WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF WRITTEN NOTICE OF A
HEARING  SCHEDULED  PURSUANT  TO  SECTION  SIXTY-FOUR,  SIXTY-FOUR-A  OR
SIXTY-FOUR-C  OF  THIS  CHAPTER, THE APPLICANT SHALL POST A COPY OF SUCH
NOTICE IN A CONSPICUOUS PLACE AT THE ENTRANCE TO  THE  ESTABLISHMENT  OR
PROPOSED  ESTABLISHMENT  WHERE IT CAN BE EASILY READ BY PASSERS-BY. THIS
NOTICE SHALL INCLUDE IN CLEAR AND CONCISE LANGUAGE A  STATEMENT  OF  THE
USE  AND CAPACITY OF THE ESTABLISHMENT. THE APPLICANT SHALL MAKE REASON-
ABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED UNTIL THE DATE OF
THE HEARING OR PUBLIC MEETING SPECIFIED IN  SUCH  NOTICE.  ADDITIONALLY,
WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF A WRITTEN REQUEST FROM THE
AUTHORITY,  THE  APPLICANT SHALL RE-POST SUCH NOTICE.  THE AUTHORITY MAY
ADOPT SUCH RULES AS IT MAY DEEM NECESSARY TO CARRY OUT  THE  PURPOSE  OF
THIS PARAGRAPH.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all  applications  or  applications
for  renewal  made  under  sections  64, 64-a, 64-b, 64-c or 64-d of the
alcoholic beverage control law for a license to sell liquor for consump-
tion that are pending before or filed with the state liquor authority on
or after such effective date; provided, however,  that  effective  imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

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