S T A T E O F N E W Y O R K
________________________________________________________________________
7149
I N S E N A T E
March 16, 2010
___________
Introduced by Sen. STACHOWSKI -- (at request of the State Liquor Author-
ity) -- read twice and ordered printed, and when printed to be commit-
ted to the Committee on Commerce, Economic Development and Small Busi-
ness
AN ACT to amend the alcoholic beverage control law, in relation to
expanding the types of notification that would satisfy various notifi-
cation provisions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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:
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, OVERNIGHT DELIV-
ERY SERVICE WITH PROOF OF MAILING, OR PERSONAL SERVICE, 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.
S 2. 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15973-01-0
S. 7149 2
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, OVERNIGHT DELIVERY
SERVICE WITH PROOF OF MAILING, OR PERSONAL SERVICE, wherein the prospec-
tive licensed premises is to be located or, in the case of an applica-
tion 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.
S 3. 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, OVERNIGHT DELIVERY SERVICE WITH PROOF OF MAILING, OR PERSONAL
SERVICE, 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 notifi-
cation 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 determination to grant or deny such
license.
S 4. 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, OVERNIGHT DELIVERY SERVICE WITH PROOF OF MAILING, OR PERSONAL
SERVICE, 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
S. 7149 3
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 communi-
ty 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.
S 5. 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
located by certified mail[,] return receipt requested, OVERNIGHT DELIV-
ERY SERVICE WITH PROOF OF MAILING, OR PERSONAL SERVICE, 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.
S 6. Subdivision 1 of section 99-d of the alcoholic beverage control
law, as amended by chapter 522 of the laws of 2003, is amended to read
as follows:
1. Before any substantial alteration to a licensed premises may be
undertaken by or on the behalf of any licensee except a micro-winery or
a farm winery, the licensee shall make an application to the liquor
authority for permission to effect such alteration. A substantial alter-
ation shall include any enlargement or contraction of a licensed prem-
ises whether indoors or outdoors; any physical change that reduces the
visibility that existed at the time of licensing; any other physical
changes in the interior of a licensed premises that materially affect
the character of the premises; and, in the case of establishments
licensed for consumption on the premises, any material changes to the
dining or kitchen facilities, or any change in the size or location of
any bar within the contemplation of subdivision four of section one
hundred of this chapter at which alcoholic beverages are dispensed. A
minor alteration shall be deemed to be one costing and valued at less
than ten thousand dollars, which does not materially affect the charac-
ter of the premises or the physical structure that existed at the time
of licensing. Before commencing work on the alteration, any licensee
other than a micro-winery or a farm winery licensee, shall request
permission to effect such minor alteration and shall submit an affidavit
to the liquor authority by filing the same in person or by certified
mail return receipt requested OR OVERNIGHT DELIVERY SERVICE WITH PROOF
S. 7149 4
OF MAILING on forms prescribed by the authority. A winery, micro-winery,
or farm winery licensee is not required to obtain permission from the
authority to make a minor alteration to its premises. The affidavit
shall include but not be limited to a description of the proposed alter-
ation, the cost and value of the alteration, and the source of money
making the alteration possible. Upon receipt of such affidavit, the
authority shall have twenty days in which to review the proposed alter-
ation and notify the licensee of any objection to the same by certified
mail return receipt requested. If no such objection is made within such
period permission shall be deemed to have been granted. Work may
commence on such alteration if no objection is received by the twenty-
fifth day after filing such affidavit. The cost of an alteration, for
purposes of this subdivision, shall be equal to the total sum expended
to complete the proposed alteration excluding professional fees.
S 7. Subparagraph 1 of paragraph (c) of subdivision 4 of section 107-a
of the alcoholic beverage control law, as amended by chapter 490 of the
laws of 1993, is amended to read as follows:
(1) The application for registration of a brand or trade name label
shall be filed by CERTIFIED MAIL RETURN RECEIPT REQUESTED, registered
mail[,] return receipt requested, OR OVERNIGHT DELIVERY SERVICE WITH
PROOF OF MAILING, on a form prescribed by the authority, and shall
contain such information as the authority shall require. Such applica-
tion shall be accompanied by the appropriate fee prescribed by paragraph
(d) of this subdivision.
S 8. Clause (i) of subparagraph 2 of paragraph (c) of subdivision 4 of
section 107-a of the alcoholic beverage control law, as amended by chap-
ter 490 of the laws of 1993, is amended to read as follows:
(i) the applicant submits on a form prescribed by the authority, by
CERTIFIED MAIL RETURN RECEIPT REQUESTED, registered mail[,] return
receipt requested, OR OVERNIGHT DELIVERY SERVICE WITH PROOF OF MAILING,
a true copy of the brand or trade name label approval issued by the
federal bureau of alcohol, tobacco and firearms along with the appropri-
ate fee as established in paragraph (d) of this subdivision; and
S 9. This act shall take effect on the one hundred eightieth day after
it shall have become law; provided, however, that effective immediately,
the state liquor authority may promulgate rules and regulations neces-
sary for the implementation of this act on or before such date.