S T A T E   O F   N E W   Y O R K
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                                  3768

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced by M. of A. GLICK, GOTTFRIED, DINOWITZ, CAHILL -- Multi-Spon-
  sored  by  --  M. of A.  FARRELL, MILLMAN -- read once and referred to
  the Committee on Economic Development

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  procedures  associated  with  issuing  licenses  to  sell  liquor  for
  consumption

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision  7 of section 100 of the alcoholic beverage
control law, as added by chapter 256 of the laws of 1978, is amended and
a new subdivision 8 is added to read as follows:
  7. Within ten days after filing a new application to  sell  liquor  at
retail  under  section  sixty-three[, sixty-four, sixty-four-a or sixty-
four-b] of this chapter, a notice thereof, in the form prescribed by the
authority, shall be posted by the applicant in a  conspicuous  place  at
the  entrance to the proposed premises. The applicant shall make reason-
able efforts to insure such notice shall remain  posted  throughout  the
pendency  of  the  application.  The  provisions hereof shall apply only
where no retail liquor license  has  previously  been  granted  for  the
proposed  premise  and  shall,  specifically,  not  be  applicable  to a
proposed sale of an existing business engaged  in  the  retail  sale  of
liquor.  The  authority may adopt such rules AS it may deem necessary to
carry out the purpose of this subdivision.
  8. (A) WITHIN TEN DAYS AFTER FILING A NEW APPLICATION OR  AN  APPLICA-
TION  FOR RENEWAL TO SELL LIQUOR UNDER SECTION SIXTY-FOUR, SIXTY-FOUR-A,
SIXTY-FOUR-B, SIXTY-FOUR-C OR SIXTY-FOUR-D OF  THIS  CHAPTER,  A  NOTICE
THEREOF  SHALL  BE POSTED BY THE APPLICANT IN A CONSPICUOUS PLACE AT THE
ENTRANCE TO THE ESTABLISHMENT OR PROPOSED ESTABLISHMENT WHERE IT CAN  BE
EASILY  READ BY PASSERS-BY. SAID NOTICE SHALL BE IN A FORM PRESCRIBED BY
THE AUTHORITY, PROVIDED HOWEVER THAT SAID NOTICE SHALL BE EITHER PRINTED
OR HIGHLIGHTED IN A PINK INK OF A NEON, LUMINOUS OR FLUORESCENT VARIETY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00194-01-3
              

A. 3768                             2

THE NOTICE SHALL SPECIFY THE APPLICATION DATE, THE TYPE OF LICENSE,  THE
IDENTIFICATION  NUMBER  AND HOW TO CONTACT THE STATE LIQUOR AUTHORITY TO
GIVE A RESPONSE TO THE APPLICATION.  THE APPLICANT SHALL MAKE REASONABLE
EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED THROUGHOUT THE PENDEN-
CY  OF  SUCH  APPLICATION.   ADDITIONALLY, WITHIN TEN DAYS OF THE APPLI-
CANT'S RECEIPT OF A WRITTEN REQUEST FROM THE  AUTHORITY,  THE  APPLICANT
SHALL RE-POST SUCH NOTICE.  THE AUTHORITY MAY ADOPT SUCH RULES AS IT MAY
DEEM NECESSARY TO CARRY OUT THE PURPOSE OF THIS PARAGRAPH.
  (B)  WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF WRITTEN NOTICE OF A
HEARING  SCHEDULED  PURSUANT  TO  SECTION  SIXTY-FOUR,  SIXTY-FOUR-A  OR
SIXTY-FOUR-C  OF  THIS  CHAPTER, THE APPLICANT SHALL POST A COPY OF SUCH
NOTICE IN A CONSPICUOUS PLACE AT THE ENTRANCE TO  THE  ESTABLISHMENT  OR
PROPOSED  ESTABLISHMENT  WHERE IT CAN BE EASILY READ BY PASSERS-BY. THIS
NOTICE SHALL INCLUDE IN CLEAR AND CONCISE LANGUAGE A  STATEMENT  OF  THE
USE  AND CAPACITY OF THE ESTABLISHMENT. THE APPLICANT SHALL MAKE REASON-
ABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED UNTIL THE DATE OF
THE HEARING OR PUBLIC MEETING SPECIFIED IN  SUCH  NOTICE.  ADDITIONALLY,
WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF A WRITTEN REQUEST FROM THE
AUTHORITY,  THE  APPLICANT SHALL RE-POST SUCH NOTICE.  THE AUTHORITY MAY
ADOPT SUCH RULES AS IT MAY DEEM NECESSARY TO CARRY OUT  THE  PURPOSE  OF
THIS PARAGRAPH.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all  applications  or  applications
for renewal made under section 64, 64-a, 64-b, 64-c or 64-d of the alco-
holic  beverage control law for a license to sell liquor for consumption
that are pending before or filed with the state liquor authority  on  or
after  such effective date; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.