NY State Senate Bill 2009-S2330

Senate Bill S2330

2009-2010 Legislative Session

Provides that liquor authority may include certain terms and conditions as part of various licenses for on-premises consumption to assure premises lawfully operated

download bill text pdf

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to commerce, economic development and small business
Feb 18, 2009	referred to commerce, economic development and small business

2009-S2330 (ACTIVE) - Details

See Assembly Version of this Bill:: A6657
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§55, 64, 64-a, 64-b, 64-c & 64-d, ABC L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6863
2013-2014: A5356
2015-2016: A3908
2017-2018: A2824
2019-2020: A1441
2021-2022: A30

2009-S2330 (ACTIVE) - Summary

Provides that the state liquor authority may, with the consent of the applicant, include certain terms and conditions as part of various licenses for on-premises consumption of beer and liquor for the purpose of assuring that the licenses premises are operated in accordance with law and consistent with the public interest; provides that prior to including terms and conditions in a license, the authority shall consult with the applicant and any party entitled to receive notice of the application; and provides that the terms and conditions shall be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the authority.

2009-S2330 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2330

 TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to
authorizing the imposition of certain terms and conditions as part of
certain licenses for on-premises consumption


 PURPOSE :

The subject bill would allow the State Liquor Authority to include
certain terms and conditions as part of an on-premises liquor license,
assuring that the premise is lawfully operated.

 SUMMARY OF PROVISIONS :

This bill amends six sections of the Alcoholic Beverage Control Law to
allow the SLA to include specific terms and conditions in an
on-premises liquor license, "for the purpose of assuring that the
licensed premises are operated in accordance with applicable law and
consistent with the public interest." Prior to including such terms
and conditions in a license, the SLA would consult with the applicant
and any party entitled to receive notice of the application (for
example, local governments or community boards). The terms and
conditions would then be legally enforceable in the same manner as

applicable provisions of this chapter or regulations of the SLA.

The bill adds the foregoing provisions to the sections relating to
various licenses for on-premises consumption: beer (§55), liquor
(§64), special licenses (§64-a), premises commonly known as bottle
clubs (§64-b), premises commonly known as a restaurant-brewer (§64-c),
and premises commonly known as a cabaret (§64-d).

 JUSTIFICATION :

Communities are increasingly concerned about problem bars and clubs.
Problems can include noise far into the night, crowds, traffic,
vandalism, and violence.  To respond to community concerns, it has
become increasingly common for the State Liquor Authority to add
conditions to liquor licenses.  Applicants and community groups
negotiate stipulations relating to security provisions, whether
dancing will he allowed, etc.

However, under current law, the SLA is limited to penalizing the
licensee and then only if it can show that a stipulation was entered
into falsely.

This bill would overcome such a difficult burden and would give the
SLA authority to enforce terms and conditions as part of the liquor
license.

 LEGISLATIVE HISTORY :

S.3601/A.5175 of 2007-08; S.2133 of 2005-06.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2009-S2330 (ACTIVE) - Bill Text download pdf

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

                                  2330

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 18, 2009
                               ___________

Introduced  by  Sen. PADAVAN -- 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
  authorizing the imposition of certain terms and conditions as part  of
  certain licenses for on-premises consumption

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

  Section 1. Section 55 of the alcoholic beverage control law is amended
by adding a new subdivision 4 to read as follows:
  4. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT,  INCLUDE,  AS
PART  OF  A  LICENSE  UNDER  THIS  SECTION  TERMS AND CONDITIONS FOR THE
PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED  IN  ACCORD-
ANCE  WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR
TO INCLUDING TERMS AND CONDITIONS IN  A  LICENSE,  THE  AUTHORITY  SHALL
CONSULT  WITH  THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF
THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE  LEGALLY  ENFORCEABLE
IN  THE  SAME  MANNER  AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU-
LATIONS OF THE AUTHORITY.
  S 2. Section 64 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 10 to read as follows:
  10.  THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
PART OF A LICENSE UNDER  THIS  SECTION  TERMS  AND  CONDITIONS  FOR  THE
PURPOSE  OF  ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST.  PRIOR
TO  INCLUDING  TERMS  AND  CONDITIONS  IN A LICENSE, THE AUTHORITY SHALL
CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE  NOTICE  OF
THE  APPLICATION.  THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
IN THE SAME MANNER AS APPLICABLE PROVISIONS OF  THIS  CHAPTER  OR  REGU-
LATIONS OF THE AUTHORITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00794-01-9

S. 2330                             2

  S  3. Section 64-a of the alcoholic beverage control law is amended by
adding a new subdivision 5-a to read as follows:
  5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
PART  OF  A  LICENSE  UNDER  THIS  SECTION  TERMS AND CONDITIONS FOR THE
PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED  IN  ACCORD-
ANCE  WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR
TO INCLUDING TERMS AND CONDITIONS IN  A  LICENSE,  THE  AUTHORITY  SHALL
CONSULT  WITH  THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF
THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE  LEGALLY  ENFORCEABLE
IN  THE  SAME  MANNER  AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU-
LATIONS OF THE AUTHORITY.
  S 4. Section 64-b of the alcoholic beverage control law is amended  by
adding a new subdivision 5-a to read as follows:
  5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
PART  OF  A  LICENSE  UNDER  THIS  SECTION  TERMS AND CONDITIONS FOR THE
PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED  IN  ACCORD-
ANCE  WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR
TO INCLUDING TERMS AND CONDITIONS IN  A  LICENSE,  THE  AUTHORITY  SHALL
CONSULT  WITH  THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF
THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE  LEGALLY  ENFORCEABLE
IN  THE  SAME  MANNER  AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU-
LATIONS OF THE AUTHORITY.
  S 5. Section 64-c of the alcoholic beverage control law is amended  by
adding a new subdivision 5-a to read as follows:
  5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
PART  OF  A  LICENSE  UNDER  THIS  SECTION  TERMS AND CONDITIONS FOR THE
PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED  IN  ACCORD-
ANCE  WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR
TO INCLUDING TERMS AND CONDITIONS IN  A  LICENSE,  THE  AUTHORITY  SHALL
CONSULT  WITH  THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF
THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE  LEGALLY  ENFORCEABLE
IN  THE  SAME  MANNER  AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU-
LATIONS OF THE AUTHORITY.
  S 6. Section 64-d of the alcoholic beverage control law is amended  by
adding a new subdivision 5-a to read as follows:
  5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
PART  OF  A  LICENSE  UNDER  THIS  SECTION  TERMS AND CONDITIONS FOR THE
PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED  IN  ACCORD-
ANCE  WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR
TO INCLUDING TERMS AND CONDITIONS IN  A  LICENSE,  THE  AUTHORITY  SHALL
CONSULT  WITH  THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF
THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE  LEGALLY  ENFORCEABLE
IN  THE  SAME  MANNER  AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU-
LATIONS OF THE AUTHORITY.
  S 7. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.