NY State Senate Bill 2011-S5579

Senate Bill S5579

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to commerce, economic development and small business
Jun 03, 2011	referred to commerce, economic development and small business

2011-S5579 (ACTIVE) - Details

See Assembly Version of this Bill:: A6863
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§55, 55-a, 64, 64-a, 64-b, 64-c, 64-d, 81 & 81-a, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6657
2013-2014: S3075, A5356
2015-2016: S342, A3908
2017-2018: S80, A2824
2019-2020: S2913, A1441
2021-2022: S474, A30
2023-2024: S2603

2011-S5579 (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-S5579 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5579

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill would allow the State
Liquor Authority (SLA) to include certain terms and conditions as
part of an on-premises liquor license, assuring that the premises is
lawfully operated.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends nine sections of the
Alcoholic Beverage Control law to allow the SLA to include specific
terms and conditions in an on-premises liquor license, "for the
purpose of assuring that the licensed premises are operated in
accordance with applicable law and consistent with the public
interest," or "for the purpose of assuring that the licensed premises
are operated in accordance with applicable law and consistent with
the public convenience and advantage" (§55, §55-a, §81, and §81-a).
Prior to including terms and conditions in the license, the SLA would
consult with the applicant and any party entitled to receive notice
of the application (for example, local governments or community

boards). The terms and conditions would be legally enforceable in the
same manner as applicable provisions of this chapter or regulations
of the SLA.

The bill adds this provision to the sections relating to various
licenses for on-premises consumption: beer (§55), ball park beer
(§55-a), liquor (§64), special liquor licenses (§64-a), premises
commonly known as bottle clubs (§64-b), premises commonly known as a
restaurant-brewer (§64-c), premises commonly known as a cabaret
(§64-d), wine (§81), and special wine licenses (§81-a).

JUSTIFICATION:
Communities are increasingly concerned about problem
bars and clubs. Problems can include noise far into the night,
crowds, traffic, vandalism, and violence. In recent years, he SLA has
begun to enforce terms and conditions against on-premises
establishments. However, adding this provision to the Alcoholic
Beverage Control Law would give this policy a clear and permanent
statutory foundation.

PRIOR LEGISLATIVE HISTORY:
2002:    A.9012A - Advanced to 3rd Reading
2003-04: A.3941  - Passed the Assembly
2005-06: A.3265  - Passed the Assembly
2007-08: A.5175  - Passed the Assembly
2009-10: A.6657  - Referred to Economic Development

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
Immediately.

2011-S5579 (ACTIVE) - Bill Text download pdf

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

                                  5579

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 3, 2011
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

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.
  S 3. Section 64 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 10 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05354-06-1

S. 5579                             2

  10.  THE  AUTHORITY  MAY  INCLUDE,  AS  PART  OF  A LICENSE UNDER THIS
SECTION, TERMS AND CONDITIONS FOR  THE  PURPOSE  OF  ASSURING  THAT  THE
LICENSED  PREMISES  ARE  OPERATED  IN ACCORDANCE WITH APPLICABLE LAW AND
CONSISTENT WITH THE PUBLIC INTEREST. 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  4. Section 64-a of the alcoholic beverage control law is amended by
adding a new subdivision 5-a to read as follows:
  5-A. THE AUTHORITY MAY INCLUDE,  AS  PART  OF  A  LICENSE  UNDER  THIS
SECTION,  TERMS  AND  CONDITIONS  FOR  THE  PURPOSE OF ASSURING THAT THE
LICENSED PREMISES ARE OPERATED IN ACCORDANCE  WITH  APPLICABLE  LAW  AND
CONSISTENT WITH THE PUBLIC INTEREST. 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  5. Section 64-b of the alcoholic beverage control law is amended by
adding a new subdivision 5-a to read as follows:
  5-A. THE AUTHORITY MAY INCLUDE,  AS  PART  OF  A  LICENSE  UNDER  THIS
SECTION,  TERMS  AND  CONDITIONS  FOR  THE  PURPOSE OF ASSURING THAT THE
LICENSED PREMISES ARE OPERATED IN ACCORDANCE  WITH  APPLICABLE  LAW  AND
CONSISTENT WITH THE PUBLIC INTEREST. 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  6. Section 64-c of the alcoholic beverage control law is amended by
adding a new subdivision 5-a to read as follows:
  5-A. THE AUTHORITY MAY INCLUDE,  AS  PART  OF  A  LICENSE  UNDER  THIS
SECTION,  TERMS  AND  CONDITIONS  FOR  THE  PURPOSE OF ASSURING THAT THE
LICENSED PREMISES ARE OPERATED IN ACCORDANCE  WITH  APPLICABLE  LAW  AND
CONSISTENT WITH THE PUBLIC INTEREST. 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  7. Section 64-d of the alcoholic beverage control law is amended by
adding a new subdivision 5-a to read as follows:
  5-A. THE AUTHORITY MAY INCLUDE,  AS  PART  OF  A  LICENSE  UNDER  THIS
SECTION,  TERMS  AND  CONDITIONS  FOR  THE  PURPOSE OF ASSURING THAT THE
LICENSED PREMISES ARE OPERATED IN ACCORDANCE  WITH  APPLICABLE  LAW  AND
CONSISTENT WITH THE PUBLIC INTEREST. 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  8.  Section  81 of the alcoholic beverage control law is amended by
adding a new subdivision 5 to read as follows:
  5. 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

S. 5579                             3

CONDITIONS SHALL BE LEGALLY ENFORCEABLE IN THE SAME MANNER AS APPLICABLE
PROVISIONS OF THIS CHAPTER OR REGULATIONS OF THE AUTHORITY.
  S  9. Section 81-a of the alcoholic beverage control law is amended by
adding a new subdivision 5 to read as follows:
  5. 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 10. This act shall take effect immediately.

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