NY State Senate Bill 2013-S3075

Senate Bill S3075

2013-2014 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to commerce, economic development and small business
Jan 29, 2013	referred to commerce, economic development and small business

2013-S3075 (ACTIVE) - Details

See Assembly Version of this Bill:: A5356
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
2011-2012: S5579, A6863
2015-2016: S342, A3908
2017-2018: S80, A2824
2019-2020: S2913, A1441
2021-2022: S474, A30
2023-2024: S2603

2013-S3075 (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.

2013-S3075 (ACTIVE) - Sponsor Memo

2013-S3075 (ACTIVE) - Bill Text download pdf

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

                                  3075

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- 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.
                                                           LBD01194-01-3

S. 3075                             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. 3075                             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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