NY State Senate Bill 2017-S152

Senate Bill S152

2017-2018 Legislative Session

Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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, 2017	referred to investigations and government operations

2017-S152 (ACTIVE) - Details

See other versions of this Bill:: A3859 ,; S7080 ,
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §100, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4141, A2624
2011-2012: S39, A3594
2013-2014: S186, A3768
2015-2016: S119, A3557
2019-2020: S2359, A4520

2017-S152 (ACTIVE) - Summary

Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor.

2017-S152 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S152

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

Requires the posting of notice by certain establishments upon the
submission of an application or application for renewal for a liquor
license to sell liquor.

 SUMMARY OF SPECIFIC PROVISIONS :

The alcoholic beverage control law is amended by adding a new
subdivision to chapter 256 of the laws of 1978. This subdivision
requires posting within ten days after filing a new or renewal
application to sell liquor at retail. This notice will remain posted
until the date of the hearing or public meeting specified in such
notice. The posting 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, This posting will be
of the form prescribed by the authority either printed or highlighted
stating new or renewal for a liquor license to sell liquor. The

applicant will insure that the notice will remain posted in a
conspicuous place at the entrance to the establishment or proposed
establishment where it can be easily read by passers-by throughout the
pendency of the application. These provisions will only apply to where
no retail liquor license has been previously granted. This will not be
applicable to a proposed sale of an existing business engaged in the
retail sale of liquor. Within ten days of the applicant's receipt of a
written request from the authority, the applicant shall repost such
notice.

 JUSTIFICATION :

A majority of licensed premises which serve alcohol and beer operate
as good neighbors. However, there are some establishments which have
caused numerous problems for their neighbors. In some instances,
licensees have exhibited a pattern of disregard of their patrons'
disorderly behavior which repeatedly disturbs the neighborhoods in
which they are located. In others, loud music emanating from
establishments prevents residents from getting a good night's sleep.
The effect of these problem bars in densely-developed, mixed-use areas
is often magnified as residents live in close proximity to licensed
establishments.

While problem bars have led neighbors to make complaints to owners of
establishments and the police, residents are often unfamiliar with the
timeframe in which they may express their complaints and share their
experiences with the State Liquor Authority. Consequently, many
individuals miss these opportunities to express their concerns while
the State Liquor Authority is considering an establishment's
application for a new liquor license or a renewal of a liquor license.

This legislation requires that all establishments post clear notice
when they apply for a new, or renewal liquor license. In addition,
establishments are mandated to post notice of State Liquor Authority
hearings involving their establishment. In this way, the public will
be alerted to upcoming opportunities to bring their issues and
concerns about problem establishments to the attention of the State
Liquor Authority. Since community members must live with the
consequences of problem establishments, it is essential that they be
aware of opportunities to express their concerns directly to the State
Liquor Authority. Improving public notice will also help provide the
State Liquor Authority with a fuller picture of the impact of problem
establishments, so that the liquor license decisions that they make
will better reflect the totality of circumstances.

 PRIOR LEGISLATIVE HISTORY :

2016: S119A/A3557A -REFERRED TO INVESTIGATIONS AND GOVERNMENT
OPERATIONS/ referred to economic development
2015: S119/A3557 -REFERRED TO INVESTIGATIONS AND GOVERNMENT
OPERATIONS/ referred to economic development
2013-2014: S186/A3768 - REFERRED TO IGOV
2011-2012: S39A/A3594A - REFERRED TO IGOV/advanced to third reading
2009-2010: S4141/A2624 - REFERRED TO IGOV/advanced to third reading
2007-2008: A4584 - Third Reading Cal. 974
2006: A10049 - Reported from Economic Development and Referred to
Codes

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall become
law and shall apply to all applications or applications for renewal
made under section 64, 64-a, 64-b, 64-c, 64-d of the alcohol beverage
control law with the state liquor authority on or after such effective
date; provided that any rules or regulations necessary or convenient
to implement the provisions of the act are authorized to be
promulgated on or before such effective date.

2017-S152 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    152
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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
 EASILY  READ BY PASSERS-BY. SAID NOTICE SHALL BE IN A FORM PRESCRIBED BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00449-01-7

 S. 152                              2
 
 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.
   § 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.

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