S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4520
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M. of A. GLICK, GOTTFRIED, DINOWITZ, CAHILL -- 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  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
 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.
              

                                                            LBD02346-01-9

 A. 4520                             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.
   §  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.