Assembly Bill A6863

2011-2012 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

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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

multi-Sponsors

2011-A6863 - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§55, 64, 64-a, 64-b, 64-c, 64-d & 81, ABC L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6657
2013-2014: A5356
2015-2016: A3908
2017-2018: A2824
2019-2020: A1441
2021-2022: A30

2011-A6863 - 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 licensed 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.

2011-A6863 - Bill Text download pdf 

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

                                  6863

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by  M. of A. GOTTFRIED, COOK, GLICK, V. LOPEZ, ORTIZ, GALEF,
  SCHIMEL -- Multi-Sponsored by  --  M.  of  A.  BING,  BRENNAN,  CLARK,
  COLTON,  CYMBROWITZ,  DINOWITZ, HEASTIE, HOOPER, MARKEY, PAULIN, PHEF-
  FER, ROSENTHAL, SCARBOROUGH, WEISENBERG -- read once and  referred  to
  the Committee on Economic Development

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.
  S  3. Section 64-a of the alcoholic beverage control law is amended by
adding a new subdivision 5-a to read as follows:

co-Sponsors

multi-Sponsors

2011-A6863A (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§55, 64, 64-a, 64-b, 64-c, 64-d & 81, ABC L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6657
2013-2014: A5356
2015-2016: A3908
2017-2018: A2824
2019-2020: A1441
2021-2022: A30

2011-A6863A (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 licensed 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.

2011-A6863A (ACTIVE) - Bill Text download pdf 

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

                                 6863--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by  M. of A. GOTTFRIED, COOK, GLICK, V. LOPEZ, ORTIZ, GALEF,
  SCHIMEL -- Multi-Sponsored by  --  M.  of  A.  BING,  BRENNAN,  CLARK,
  COLTON,  CYMBROWITZ, DINOWITZ, HEASTIE, HOOPER, MARKEY, PAULIN, ROSEN-
  THAL, SCARBOROUGH, WEISENBERG -- read once and referred to the Commit-
  tee on Economic Development --  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
  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 INCLUDE, AS PART OF A LICENSE UNDER THIS SECTION,
TERMS AND CONDITIONS FOR THE PURPOSE OF ASSURING THAT THE LICENSED PREM-
ISES ARE OPERATED IN ACCORDANCE WITH APPLICABLE LAW AND CONSISTENT  WITH
PUBLIC  CONVENIENCE  AND ADVANTAGE.  PRIOR TO INCLUDING TERMS AND CONDI-
TIONS 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 REGULATIONS OF THE AUTHORITY.
  S 2.  Section 55-a of the alcoholic beverage control law is amended by
adding a new subdivision 3 to read as follows:
  3. THE AUTHORITY MAY INCLUDE, AS PART OF A LICENSE UNDER THIS SECTION,
TERMS AND CONDITIONS FOR THE PURPOSE OF ASSURING THAT THE LICENSED PREM-
ISES ARE OPERATED IN ACCORDANCE WITH APPLICABLE LAW AND CONSISTENT  WITH
PUBLIC  CONVENIENCE  AND  ADVANTAGE. PRIOR TO INCLUDING TERMS AND CONDI-
TIONS 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 REGULATIONS OF THE AUTHORITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05354-05-1

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