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

                                 3557--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M. of A. GLICK, GOTTFRIED, DINOWITZ, CAHILL -- read once
  and referred to the Committee on Economic Development  --  recommitted
  to  the  Committee on Economic Development in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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 8 of section 100  of  the  alcoholic  beverage
control  law, as added by chapter 256 of the laws of 1978 and renumbered
by chapter 466 of the laws of 2015, is amended and a new  subdivision  9
is added to read as follows:
  8.  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.
  9.  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00917-03-6
              

A. 3557--A                          2

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.
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.