BILL NUMBER:S3695

TITLE OF BILL:

An act
to amend the alcoholic beverage control law, in relation to requiring
notice to the appropriate community board of any application for liquor
store license in the city of New York

PURPOSE OR GENERAL IDEA OF BILL:

Requires an establishment to give notice to the appropriate community
board not less than thirty days prior to the submission of an
application for a license to sell liquor in the city of New York.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the alcoholic beverage control law by adding a new
subdivision 1-b to Section 63. This subdivision requires an applicant
for a license to sell liquor for consumption off the premises in New
York City to notify the community board with jurisdiction over the
area in which the licensed premises are to be located before
submitting such an application to the State Liquor Authority.
(Community boards in the city of New York are established pursuant to
section twenty-eight hundred of the New York City charter.) This
subdivision requires that the appropriate community board be notified
              

by certified mail, return receipt requested, not less than thirty
days prior to the submission of the liquor license application. The
community board will then have the opportunity to express an opinion
for or against the granting of such license. Any opinion expressed by
the board will become part of the record upon which the State Liquor
Authority makes its decision to grant or deny the new license.

JUSTIFICATION:

Liquor retailers serve a need in New York City. While contributing to
the local economy, they provide consumers with a valued product.
However, a proliferation of liquor stores in a small community can lead
to unintended consequences. An inundation can scare away other types
of business. Similarly, a crowd of retailers can negatively alter the
character of a neighborhood. It is only fair that community members
be given an opportunity to voice their concerns about possible future
liquor stores.

Currently, applicants for licenses to sell beer, wine, and liquor for
consumption on the premises in New York City are required to notify
the local community board of their intentions at least thirty days
prior to the submission of their application. This legislation would
extend that practice to include applicants seeking to sell liquor
and/or wine for consumption off the premises. Without this law, a
community board can be caught off guard by the opening of a new
liquor store in an already crowded district.

As representatives of their community, community boards are able to
relay the residents' concerns regarding liquor licenses to the State
Liquor Authority. This legislation would allow the Authority to make


a well-informed decision on the impact of a new liquor license in a
given area. It gives the community members, the people most affected
by the introduction of a new liquor store, an opportunity to have
their voices heard before any license is granted.

PRIOR LEGISLATIVE HISTORY:

2010: A.159-A/S.8311  Held in Rules

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.