NY State Senate Bill 2017-S80

Senate Bill S80

2017-2018 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

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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 03, 2018	referred to investigations and government operations
Jan 04, 2017	referred to investigations and government operations

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2017-S80 (ACTIVE) - Details

See Assembly Version of this Bill:: A2824
Current Committee:: Senate Investigations And Government Operations
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
2013-2014: S3075, A5356
2015-2016: S342, A3908
2019-2020: S2913, A1441
2021-2022: S474, A30
2023-2024: S2603

2017-S80 (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.

2017-S80 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S80

 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, the 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 :

S.342 of 2015-2016 (Hoylman): Died in Commerce, Economic Development &
Small Business
A.3908 of 2015-2016 (Gottfried): Died in Economic Development
(2015)/Advanced to Third Reading Calendar (2016)
S.3075 of 2013-2014 (Hoylman): Died in Commerce
A.5356 of 2013-2014 (Gottfried): Died in Economic Development
(2013)/Advanced to Third Reading Calendar (2014)
S.5579 of 2011-2012 (Alesi): Died in Commerce
A.6863-A of 2011-2012 (Gottfried): Died in Economic Development

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately

2017-S80 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    80
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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
   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.
   § 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.
   §  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.
                                                            LBD02690-01-7

 S. 80                               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.
   §  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.
   §  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.
   §  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.
   §  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.
   §  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. 80                               3
 
 CONDITIONS SHALL BE LEGALLY ENFORCEABLE IN THE SAME MANNER AS APPLICABLE
 PROVISIONS OF THIS CHAPTER OR REGULATIONS OF THE AUTHORITY.
   §  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.
   § 10. This act shall take effect immediately.

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Senate Bill S80

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Sponsored By

Brad Hoylman-Sigal