Senate Bill S5508

2009-2010 Legislative Session

Revises procedures for issuance of liquor licenses for on-premises consumption for premises within 500 feet of 3 or more existing premises

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2009-S5508 - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§64, 64-am, 64-b, 64-c & 64-d, ABC L
Versions Introduced in 2011-2012 Legislative Session:
S575

2009-S5508 - Summary

Revises procedures regarding the issuance of retail and special retail liquor, bottle club, restaurant-brewer and cabaret licenses for on-premises consumption for premises located within 500 feet of 3 or more existing premises in cities, towns and villages of twenty thousand or more; provides that the hearing which the authority is required to hold before issuing such a license may be rescheduled, adjourned or continued and that the authority must give notice to the applicant and the municipality or community board of such rescheduled, adjourned or continued hearing; and provides that the authority or commissioners thereof may also hold a public meeting in connection with issuance of such a license which may also be rescheduled, adjourned or continued, and that the authority must give notice to the applicant and the municipality or community board of the meeting including any rescheduled, adjourned or continued meeting.

2009-S5508 - Sponsor Memo

2009-S5508 - Bill Text download pdf 

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

                                  5508

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 13, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  procedures associated with issuing retail and special retail  licenses
  to  sell liquor for on-premises consumption regarding premises located
  within five hundred feet of three or more existing premises in cities,
  towns and villages having a population of twenty thousand or more

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

  Section  1.  Paragraph (f) of subdivision 7 of section 64 of the alco-
holic 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-
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.  THE HEARING MAY BE RESCHEDULED, ADJOURNED OR  CONTIN-
UED,  AND THE AUTHORITY SHALL GIVE NOTICE TO THE APPLICANT AND THE MUNI-
CIPALITY OR COMMUNITY  BOARD  OF  ANY  SUCH  RESCHEDULED,  ADJOURNED  OR
CONTINUED  HEARING.    BEFORE THE AUTHORITY ISSUES ANY SAID LICENSE, THE
AUTHORITY OR ONE OR MORE OF THE COMMISSIONERS THEREOF MAY,  IN  ADDITION
TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING
REGARDING  SAID  LICENSE,  UPON  NOTICE TO THE APPLICANT AND THE MUNICI-
PALITY OR COMMUNITY  BOARD.  THE  PUBLIC  MEETING  MAY  BE  RESCHEDULED,
ADJOURNED  OR  CONTINUED,  AND  THE  AUTHORITY  SHALL GIVE NOTICE TO THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05926-01-9

co-Sponsors

2009-S5508A (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§64, 64-am, 64-b, 64-c & 64-d, ABC L
Versions Introduced in 2011-2012 Legislative Session:
S575

2009-S5508A (ACTIVE) - Summary

Revises procedures regarding the issuance of retail and special retail liquor, bottle club, restaurant-brewer and cabaret licenses for on-premises consumption for premises located within 500 feet of 3 or more existing premises in cities, towns and villages of twenty thousand or more; provides that the hearing which the authority is required to hold before issuing such a license may be rescheduled, adjourned or continued and that the authority must give notice to the applicant and the municipality or community board of such rescheduled, adjourned or continued hearing; and provides that the authority or commissioners thereof may also hold a public meeting in connection with issuance of such a license which may also be rescheduled, adjourned or continued, and that the authority must give notice to the applicant and the municipality or community board of the meeting including any rescheduled, adjourned or continued meeting.

2009-S5508A (ACTIVE) - Sponsor Memo

2009-S5508A (ACTIVE) - Bill Text download pdf 

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

                                 5508--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 13, 2009
                               ___________

Introduced  by  Sens. KLEIN, HASSELL-THOMPSON, KRUEGER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Commerce,  Economic  Development  and Small Business -- recommitted to
  the Committee on Commerce, Economic Development and Small Business  in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee and committed to  the  Committee  on  Finance  --  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
  procedures associated with  issuing  retail,  special  retail,  bottle
  club,  restaurant-brewer  and  cabaret  licenses  to  sell  liquor for
  on-premises consumption regarding premises located within five hundred
  feet of three or more existing premises in cities, towns and  villages
  having a population of twenty thousand or more

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

  Section 1. Paragraph (f) of subdivision 7 of section 64 of  the  alco-
holic  beverage  control  law,  as amended by chapter 463 of the laws of
2009, is amended to read as follows:
  (f) Notwithstanding the provisions of paragraph (b) of  this  subdivi-
sion,  the  authority may issue a license pursuant to this section for a
premises which shall be within five hundred feet of three or more exist-
ing premises  licensed  and  operating  pursuant  to  this  section  and
sections  sixty-four-a,  sixty-four-b, sixty-four-c, and/or sixty-four-d
of this article if, after consultation with the municipality or communi-
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.  THE HEARING MAY BE RESCHEDULED, ADJOURNED OR  CONTIN-
UED,  AND THE AUTHORITY SHALL GIVE NOTICE TO THE APPLICANT AND THE MUNI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05926-04-0

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