S T A T E   O F   N E W   Y O R K
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                                  2092

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2011
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  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
  empowering  the  state liquor authority to authorize municipalities to
  restrict the hours of sale of alcoholic beverages within  the  munici-
  pality  upon  submission  of  proof that the hours of operation impact
  crime rates within the municipality

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

  Section 1. Section 17 of the alcoholic beverage control law is amended
by adding a new subdivision 11-a to read as follows:
  11-A. (A) TO AUTHORIZE A MUNICIPALITY TO RESTRICT THE HOURS OF SALE OF
ALCOHOLIC BEVERAGES WITHIN SUCH MUNICIPALITY UPON:
  (1)  RECEIPT  OF  A  RESOLUTION ADOPTED BY THE BOARD OF SUPERVISORS OR
LEGISLATIVE BODY OF A MUNICIPALITY  REQUESTING  FURTHER  RESTRICTION  OF
HOURS  OF  SALE OF ALCOHOLIC BEVERAGES WITHIN SUCH MUNICIPALITY UPON THE
GROUNDS THAT THE STATISTICS OR REPORTS, AS ACCEPTABLE TO THE  AUTHORITY,
INDICATE  THAT  CRIME RATES HAVE INCREASED DURING THE PERMITTED HOURS OF
SALE OF ALCOHOLIC BEVERAGES IN THE MUNICIPALITY;
  (2) RECEIPT OF A RESOLUTION ADOPTED BY THE  BOARD  OF  SUPERVISORS  OR
LEGISLATIVE  BODY  OF  THE  COUNTY  IN WHICH THE MUNICIPALITY IS LOCATED
REQUESTING FURTHER RESTRICTION OF HOURS OF SALE OF  ALCOHOLIC  BEVERAGES
WITHIN THE MUNICIPALITY UPON THE GROUNDS THAT THE STATISTICS OR REPORTS,
AS ACCEPTABLE TO THE AUTHORITY, INDICATE THAT CRIME RATES HAVE INCREASED
DURING THE PERMITTED HOURS OF SALE OF ALCOHOLIC BEVERAGES IN THE MUNICI-
PALITY;
  (3)  A FINDING BY THE AUTHORITY THAT SUCH INCREASE IS DIRECTLY RELATED
TO THE PERMITTED HOURS OF SALE OF ALCOHOLIC  BEVERAGES  IN  THE  MUNICI-
PALITY AND THAT RESTRICTED HOURS OF SALE WOULD BE BENEFICIAL IN REDUCING
SUCH CRIME RATES; AND
  (4) NOTICE AND HEARING WITHIN SUCH MUNICIPALITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00710-01-1
              

A. 2092                             2

  (B) AUTHORIZATION GRANTED PURSUANT TO THIS SUBDIVISION SHALL BE GRANT-
ED FOR A PERIOD NOT TO EXCEED TWO YEARS, PROVIDED THAT THE AUTHORITY MAY
EXTEND  SUCH  PERIOD FOR AN ADDITIONAL TWO YEARS UPON RECEIPT OF A JOINT
APPLICATION BY THE BOARD OF SUPERVISORS OR LEGISLATIVE BODY OF THE MUNI-
CIPALITY  AND THE BOARD OF SUPERVISORS OR LEGISLATIVE BODY OF THE COUNTY
IN WHICH THE MUNICIPALITY IS LOCATED, AND A FINDING  BY  THE  AUTHORITY,
BASED  UPON  A  COMPREHENSIVE  REVIEW,  THAT  THE  RESTRICTION  HAS BEEN
SUCCESSFUL IN SUBSTANTIALLY REDUCING THE CRIME RATES WITHIN THE  MUNICI-
PALITY  AND A SHOWING BY THE BOARD OF SUPERVISORS OR LEGISLATIVE BODY OF
THE MUNICIPALITY AND THE BOARD OF SUPERVISORS OR LEGISLATIVE BODY OF THE
COUNTY IN WHICH THE MUNICIPALITY IS LOCATED OF THE  CONTINUED  NECESSITY
OF SUCH RESTRICTIONS.
  (C)  IN  NO  EVENT  SHALL A MUNICIPALITY RESTRICT THE HOURS OF SALE OF
ALCOHOLIC BEVERAGES FOR MORE THAN THREE HOURS IN  ANY  TWENTY-FOUR  HOUR
PERIOD.  ANY  RESTRICTION  AUTHORIZED  UNDER  THIS  SUBDIVISION SHALL BE
APPLIED TO ALL SALES OF ALCOHOLIC BEVERAGES THROUGHOUT THE MUNICIPALITY.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.