S. 3122 2
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 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 A NEW LICENSE, A renewal OF A LICENSE, or alteration OF A
LICENSE 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 chap-
ter]. 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. NO SUCH LICENSE SHALL BE ISSUED NEW, RENEWED OR
ALTERED UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE COMMUNITY BOARD
HAS BEEN NOTIFIED.
S 3. Subdivision 2-a of section 64 of the alcoholic beverage control
law, as amended by chapter 213 of the laws of 2010, is amended to read
as follows:
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 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]. 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. IN
THE CITY OF NEW YORK, NO SUCH LICENSE SHALL BE ISSUED NEW, RENEWED OR
ALTERED UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE COMMUNITY BOARD
HAS BEEN NOTIFIED.
S 4. Paragraph (f) of subdivision 7 of section 64 of the alcoholic
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-
S. 3122 3
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. Notice to the municipality or community board shall
mean written notice mailed by the authority to such municipality or
community board at least fifteen days in advance of any hearing sched-
uled pursuant to this paragraph. Upon the request of the authority, any
municipality or community board may waive the fifteen day notice
requirement. No premises having been granted a license pursuant to this
section shall be denied a renewal of such license upon the grounds that
such premises are within five hundred feet of a building or buildings
wherein three or more premises are 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. NO LICENSE SHALL BE ISSUED PURSU-
ANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE
COMMUNITY BOARD HAS BEEN NOTIFIED.
S 5. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009, is
amended to read as follows:
(d) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
sixty-four-d of this article if, after consultation with the munici-
pality or community 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 municipality or community board, and shall state and file in its
office its reasons therefor. Notice to the municipality or community
board shall mean written notice mailed by the authority to such munici-
pality or community board at least fifteen days in advance of any hear-
ing scheduled pursuant to this paragraph. Upon the request of the
authority, any municipality or community board may waive the fifteen day
notice requirement. No premises having been granted a license pursuant
to this section shall be denied a renewal of such license upon the
grounds that such premises are within five hundred feet of a building or
buildings wherein three or more premises are licensed and operating
pursuant to this section and sections sixty-four, sixty-four-b, sixty-
four-c, and/or sixty-four-d of this article. NO LICENSE SHALL BE ISSUED
PURSUANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE
COMMUNITY BOARD HAS BEEN NOTIFIED.
S 6. Subdivision 3 of section 64-c of the alcoholic beverage control
law, as amended by chapter 213 of the laws of 2010, 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
S. 3122 4
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 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. IN THE CITY OF NEW YORK, NO SUCH LICENSE SHALL BE
ISSUED NEW, RENEWED OR ALTERED UNTIL AT LEAST SIXTY DAYS AFTER THE
APPROPRIATE COMMUNITY BOARD HAS BEEN NOTIFIED.
S 7. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009, is
amended to read as follows:
(c) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-a, sixty-four-b and/or
sixty-four-d of this article if, after consultation with the munici-
pality or community 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 municipality or community board, and shall state and file in its
office its reasons therefor. Notice to the municipality or community
board shall mean written notice mailed by the authority to such munici-
pality or community board at least fifteen days in advance of any hear-
ing scheduled pursuant to this paragraph. Upon the request of the
authority, any municipality or community board may waive the fifteen day
notice requirement. No premises having been granted a license pursuant
to this section shall be denied a renewal of such license upon the
grounds that such premises are within five hundred feet of a building or
buildings wherein three or more premises are operating and licensed
pursuant to this section or sections sixty-four, sixty-four-a, sixty-
four-b and/or sixty-four-d of this article. NO LICENSE SHALL BE ISSUED
PURSUANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE
COMMUNITY BOARD HAS BEEN NOTIFIED.
S 8. Subdivision 3 of section 64-d of the alcoholic beverage control
law, as amended by chapter 213 of the laws of 2010, 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
S. 3122 5
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 authority makes its determi-
nation to grant or deny such license. NO SUCH LICENSE SHALL BE ISSUED
NEW, RENEWED OR ALTERED UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE
COMMUNITY BOARD HAS BEEN NOTIFIED.
S 9. Subdivision 1-a of section 81 of the alcoholic beverage control
law, as amended by chapter 213 of the laws of 2010, 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 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]. 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. NO SUCH LICENSE SHALL BE
ISSUED NEW, RENEWED OR ALTERED UNTIL AT LEAST SIXTY DAYS AFTER THE
APPROPRIATE COMMUNITY BOARD HAS BEEN NOTIFIED.
S 10. This act shall take effect immediately.