NY State Senate Bill 2017-S99A

Senate Bill S99A

2017-2018 Legislative Session

Requires the state liquor authority to make available to the public information pertaining to any conditions it imposes on a licensed premises

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2018	print number 99a
Jun 15, 2018	amend (t) and recommit to investigations and government operations
Jan 03, 2018	referred to investigations and government operations
Jan 04, 2017	referred to investigations and government operations

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S99 - Details

See Assembly Version of this Bill:: A3677
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §110-c, ABC L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3077, A6073
2015-2016: S343, A4067
2019-2020: S55, A4315

2017-S99 - Summary

Requires the state liquor authority to make available to the public information pertaining to any conditions it imposes on a licensed premises.

2017-S99 - Sponsor Memo

                                 BILL NUMBER:  S99

 TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to
requiring the state liquor authority to make available on its
automated public license query website and database information
pertaining to any conditions it imposes on a licensed premises

 PURPOSE :

To ensure that the State Liquor Authority (SLA) maintains on its
website public information regarding the method of operations of
establishments under its jurisdiction.

 SUMMARY OF PROVISIONS :

Section One of the alcoholic beverage control law is amended by adding
a new section 110-c to create a public license query website and
database which, in addition to the information currently available to
the public on such website, contains information pertaining to any
conditions it imposes on premises holding a license issued by the
authority pursuant to this chapter, including but not limited to
information pertaining to the hours during which the licensed premises
is allowed to operate, the maximum permitted occupancy of the licensed
premises and any special conditions imposed by the authority on the

licensed premises.

 JUSTIFICATION :

On-premises licenses issued by the State Liquor Authority list details
of the "Method of Operation" of the premises, including: days and
hours of operation, whether live music or dancing is permitted, if the
premises includes an outside area, etc.  Disturbingly, there is no
repository of information where members of the public can access this
Method of Operation information. As a result, local residents,
businesses and other interested parties have no way of determining the
specifics of an SLA on-premises license, for example, what hours the
establishment is permitted to stay open or whether anything other than
background music - such as a disc jockey - is permitted. The only
option for the public to learn this information is through filing a
Freedom of Information Law (FOIL) request, which is a time consuming
and lengthy process.

Equally troubling is that local police precincts do not have the
details of SLA on-premises licenses either. This means that when the
police answer a complaint about a noisy bar, there is no way for an
officer to determine whether the establishment is in compliance with
its on-premises license terms, such as hours of operation or whether
it can have a DJ.

The State Liquor Authority has recently taken measures to become more
transparent by listing the identity of license holders in local
communities on a publicly available website. The next step is to
require that the relevant information about these licenses be publicly
available on the SLA website as well, and to maintain a continuously
updated database.

 LEGISLATIVE HISTORY :

S.343 of 2015-2016 (Hoylman): Died in Investigations & Government
Operations
A.4067 of 2015-2016 (Glick): Died in Economic Development
(2015)/Passed Assembly (2016)
S.3077 of 2013-2014 (Hoylman): Advanced to Third Reading (2013)/Died
in Investigations (2014)
A.6073 of 2013-2014 (Glick): Passed Assembly

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become law.

2017-S99 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    99
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. HOYLMAN, BRESLIN, DILAN, SQUADRON, STAVISKY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Investigations and Government Operations
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   requiring the state liquor authority to make available  on  its  auto-
   mated public license query website and database information pertaining
   to any conditions it imposes on a licensed premises
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The alcoholic beverage control law is amended by  adding  a
 new section 110-c to read as follows:
   §  110-C.  PUBLIC LICENSE QUERY. THE AUTHORITY SHALL MAKE AVAILABLE ON
 ITS AUTOMATED PUBLIC LICENSE QUERY WEBSITE AND DATABASE, IN ADDITION  TO
 THE  INFORMATION  CURRENTLY  AVAILABLE  TO  THE  PUBLIC ON SUCH WEBSITE,
 INFORMATION PERTAINING TO ANY CONDITIONS IT IMPOSES ON A PREMISES  HOLD-
 ING  A LICENSE ISSUED BY THE AUTHORITY PURSUANT TO THIS CHAPTER, INCLUD-
 ING BUT NOT LIMITED TO INFORMATION PERTAINING TO THE HOURS DURING  WHICH
 THE LICENSED PREMISES IS ALLOWED TO OPERATE, THE MAXIMUM PERMITTED OCCU-
 PANCY  OF  THE  LICENSED PREMISES, AND ANY SPECIAL CONDITIONS IMPOSED BY
 THE AUTHORITY ON THE LICENSED PREMISES.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03139-01-7

co-Sponsors

2017-S99A (ACTIVE) - Details

See Assembly Version of this Bill:: A3677
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §110-c, ABC L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3077, A6073
2015-2016: S343, A4067
2019-2020: S55, A4315

2017-S99A (ACTIVE) - Summary

Requires the state liquor authority to make available to the public information pertaining to any conditions it imposes on a licensed premises.

2017-S99A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S99A

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to requiring the state liquor authority to make available to
the public information pertaining to any conditions it imposes on a
licensed premises

 
PURPOSE:

To ensure that the State Liquor Authority (SLA) maintains on its website
public information regarding the method of operations of establishments
under its jurisdiction.

 
SUMMARY OF PROVISIONS:

Section One of the alcoholic beverage control law is amended by adding a
new section 110-c to make available to the public all digitally archived
information pertaining to any conditions it imposes on the operation of
a premises licensed by the authority pursuant to this chapter, including
but not necessarily limited to information pertaining to the hours

during which the licensed premises is allowed to operate, the maximum
permitted occupancy of the licensed premises and any special conditions
imposed by the authority on the licensed premises.

 
JUSTIFICATION:

On-premises licenses issued by the State Liquor Authority list details
of the "Method of Operation" of the premises, including: days and hours
of operation, whether live music or dancing is permitted, if the prem-
ises includes an outside area, etc. Disturbingly, there is no repository
of information-where members of the public can access this Method of
Operation information. As a result, local residents, businesses and,
other interested parties have no way of determining the specifics of an
SLA on-premises license, for example, what hours the establishment is
permitted to stay open or whether anything other than background music
such as a disc jockey - is permitted. The only option for the public to
learn this information is through filing a Freedom of Information Law
(FOIL) request, which is a time consuming and lengthy process.

Equally troubling is that local police precincts do not have the details
of SLA on-premises licenses either. This means that when the police
answer e complaint about a noisy bar, there is no way for an officer to
determine whether the establishment is in compliance with its on-premis-
es license terms, such as hours of operation or whether it can have a
DJ.

The State Liquor Authority has recently taken measures to become more
transparent by listing the identity of license holders in local communi-
ties on a publicly available website. The next step is to require that
the relevant information about these licenses be publicly available on
the SLA website as well, and to maintain a continuously updated data-
base.

 
LEGISLATIVE HISTORY:

S.343 of 2015-2016 (Hoylman): Died in Investigations & Government Oper-
ations

A.4067 of 2015-2016 (Glick): Died in Economic Development (2015)/Passed
Assembly (2016)
S.3077 of 2013-2014 (Hoylman): Advanced to Third Reading (2013)/Died in
Investigations (2014)
A.6073 of 2013-2014 (Glick): Passed Assembly

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2017-S99A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   99--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. HOYLMAN, BRESLIN, DILAN, STAVISKY -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Investigations and Government Operations -- recommitted to the Commit-
   tee  on  Investigations  and  Government Operations in accordance with
   Senate Rule 6, sec. 8 -- 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
   requiring the state liquor authority to make available to  the  public
   information  pertaining  to  any  conditions  it imposes on a licensed
   premises
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The alcoholic beverage control law is amended by adding a
 new section 110-c to read as follows:
   § 110-C. PUBLIC LICENSE QUERY. THE AUTHORITY SHALL MAKE  AVAILABLE  TO
 THE  PUBLIC  ALL DIGITALLY ARCHIVED INFORMATION PERTAINING TO ANY CONDI-
 TIONS IT IMPOSES ON THE OPERATION OF A PREMISES LICENSED BY THE AUTHORI-
 TY PURSUANT TO THIS CHAPTER, INCLUDING BUT NOT  NECESSARILY  LIMITED  TO
 INFORMATION  PERTAINING  TO THE HOURS DURING WHICH THE LICENSED PREMISES
 IS ALLOWED TO OPERATE, THE MAXIMUM PERMITTED OCCUPANCY OF  THE  LICENSED
 PREMISES,  AND  ANY  SPECIAL  CONDITIONS IMPOSED BY THE AUTHORITY ON THE
 LICENSED PREMISES.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03139-06-8

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Senate Bill S99A

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

co-Sponsors

Neil D. Breslin

Martin Malavé Dilan

Toby Ann Stavisky

2017-S99 - Details

2017-S99 - Summary

2017-S99 - Sponsor Memo

2017-S99 - Bill Text download pdf

co-Sponsors

Neil D. Breslin

Martin Malavé Dilan

Toby Ann Stavisky

2017-S99A (ACTIVE) - Details

2017-S99A (ACTIVE) - Summary

2017-S99A (ACTIVE) - Sponsor Memo

2017-S99A (ACTIVE) - Bill Text download pdf

Comments