NY State Senate Bill 2019-S5383

Senate Bill S5383

2019-2020 Legislative Session

Authorizes the liquor authority to establish a liaison with each community board in the city of New York for matters relating to license or permit issuance, renewal, modification and alteration

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
Apr 29, 2019	referred to investigations and government operations

2019-S5383 (ACTIVE) - Details

See Assembly Version of this Bill:: A2244
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §110-c, amd §131, ABC L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6516, A8329
2021-2022: S3702, A3303
2023-2024: S1712, A8921

2019-S5383 (ACTIVE) - Summary

Authorizes the liquor authority to establish a liaison with each community board in the city of New York for matters relating to license or permit issuance, renewal, modification and alteration; clarifies the powers and duties of the New York alcoholic beverage control problem premises task force.

2019-S5383 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5383

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to authorizing the establishment of a liaison between the state
liquor authority and local community boards, and the New York alcoholic
beverage control problem premises task force

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill authorizes the State Liquor Authority (SLA) to establish a
community liaison to help facilitate communication between the Authority
and the various Community Boards located in New York City. Facilitating
communication between the SLA and local New York City Community Boards
is important so that such community boards have a better idea of the
kinds of applications that are pending before the SLA. Further, it will
make it easier for the SLA to take into account the suggestions and
comments of each Community Board and individuals who live in the commu-
nities under the jurisdiction of such community boards with regards to
licenses and permits issued by the SLA for the consumption and sale of
alcoholic beverages.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds a new Alcoholic Beverage Control Law (ABC Law) section
110-c to authorize the SLA to establish the position of State Liquor
Authority Community Liaison for each community board in the City of New
York.

The provisions for the creation and responsibilities of these community
liaison positions are as follows:

1. The authority shall appoint a community liaison for each community
board in the city of New York.

2. The community liaison is required, upon request of such community
board, to ensure that the community board receives in a timely manner
all or a select number of notifications of license or permit issuance or
renewal that are required under the provisions of this chapter. To help
ensure that the number of notifications that are sent to the local
community board are meaningful, such board and the SLA can agree to send
only the most controversial notifications and hearing notices, such as
those related to large establishments that sell alcoholic beverages for
on-premises consumption.

3. The community liaison is responsible for:

(a) regularly attending the meetings of the community board for which he
or she is acting as the liaison, upon request of such community board;

(b) upon the request of the community board, attending at least once a
year, a community board meeting;

(c) submitting reports to the authority with respect to issues of
concern raised by the community board for which he or she is the liai-
son; and

(d), upon request of such community board, informing the community board
of regularly scheduled meetings of the Authority that would be of inter-
est to the local community and providing an agenda for such meeting at
least fifteen days prior to the meeting.

Sections 2: Amends ABC Law section 131 to expand the kinds of actions
that are covered by the New York Alcoholic Beverage Control Problem
Premises Task Force to include not only problems occurring at establish-
ments that serve alcohol for on-premises consumption, but also those
situations that could potentially pose a significant threat to the
public health, safety, or welfare of the surrounding community.

 
JUSTIFICATION:

The ABC law mandates that the New York State Liquor Authority take into
consideration the opinions of the Community Board before a liquor
license for any establishment is issued, modified, altered, or renewed.
The SLA does notify local community boards of pending applications, but
unfortunately not with enough time for the community board to provide
meaningful comments on such applications, especially for those for
licenses for on-premises consumption.  Authorizing the SLA to designate
a community liaison for each community board should help to facilitate
communication between the SLA and community board. This measure is a
pro-active way to provide to the SLA meaningful community input on
applications for alcoholic beverage licenses and permits before they are
issued by the Authority.

 
PRIOR LEGISLATIVE HISTORY:

06/08/2017 referred to economic development
01/03/2018 referred to economic development

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
180 Days after it shall have become law.

2019-S5383 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5383
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  establishment  of a liaison between the state liquor
   authority and local community  boards,  and  the  New  York  alcoholic
   beverage control problem premises task force
 
   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.  COMMUNITY LIAISON. 1. THE AUTHORITY IS AUTHORIZED TO DESIG-
 NATE A COMMUNITY LIAISON FOR EACH COMMUNITY BOARD LOCATED IN THE CITY OF
 NEW YORK.
   2. THE COMMUNITY LIAISON, UPON REQUEST OF  A  COMMUNITY  BOARD,  SHALL
 ENSURE  THAT SUCH BOARD RECEIVES ALL OR A SELECT NUMBER OF NOTIFICATIONS
 OF RELEVANT LICENSE AND PERMIT APPLICATIONS, HEARING NOTICES AND LICENSE
 OR PERMIT APPLICATION DISPOSITIONS RELATED TO LICENSE  OR  PERMIT  ISSU-
 ANCE,  RENEWAL, MODIFICATIONS OR ALTERATIONS THAT ARE REQUIRED UNDER THE
 PROVISIONS OF THIS CHAPTER.
   3. THE COMMUNITY LIAISON SHALL:
   (A) ATTEND A MEETING OF THE COMMUNITY BOARD, UPON THE REQUEST OF  SUCH
 BOARD, FOR WHICH HE OR SHE IS ACTING AS THE LIAISON;
   (B) ATTEND, AT LEAST ONCE EACH YEAR, UPON THE REQUEST OF EACH COMMUNI-
 TY  BOARD,  A  MEETING  OF SUCH BOARD, TO HELP BUILD A KNOWLEDGEABLE AND
 MEANINGFUL RELATIONSHIP BETWEEN THE AUTHORITY AND  SUCH  BOARD,  AND  TO
 UNDERSTAND THE ISSUES FACED BY THE SURROUNDING COMMUNITY;
   (C) SUBMIT REPORTS TO THE AUTHORITY WITH RESPECT TO ISSUES OR CONCERNS
 RAISED BY SUCH BOARD; AND
   (D) UPON REQUEST OF THE COMMUNITY BOARD, NOTIFY SUCH BOARD OF REGULAR-
 LY SCHEDULED MEETINGS OF THE AUTHORITY THAT COULD BE OF INTEREST TO SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03881-01-9

 S. 5383                             2
 
 BOARD AND PROVIDE AN AGENDA FOR SUCH MEETING AT LEAST FIFTEEN DAYS PRIOR
 TO THE MEETING.
   §  2.   Section 131 of the alcoholic beverage control law, as added by
 section 1 of part J of chapter 56 of the laws of  2006,  is  amended  to
 read as follows:
   §  131.  New  York  alcoholic  beverage  control problem premises task
 force. 1. There is hereby created within  the  authority  the  New  York
 alcoholic  beverage  control  problem  premises  task force (hereinafter
 "task force"), which shall consist of  employees  of  the  authority  as
 designated  by  the members of the authority, provided however, that the
 task force shall include at least one investigator EACH from the  Albany
 office,  [one  investigator  from] the Buffalo office, and [one investi-
 gator from] the New York city office.
   2. In any case where the  authority  receives  notification  from  the
 mayor,  chief of police, police commissioner, sheriff, or local legisla-
 tive body of any city, town or village which  certifies  that  continued
 operation  of an on-premises establishment poses [a] AN ACTUAL OR POTEN-
 TIALLY significant threat to  the  public  health,  safety,  or  welfare
 [requiring] OF THE SURROUNDING COMMUNITY THAT REQUIRES immediate action,
 the  authority  shall  assign  responsibility for conducting an investi-
 gation concerning such premises to the task force. In the  city  of  New
 York,  the  community board established pursuant to section twenty-eight
 hundred of the New York city charter with jurisdiction over the area  in
 which such premises is located shall be considered the appropriate local
 legislative body.
   3. Not more than fourteen calendar days after receipt by the authority
 of  a  notification  as  provided  in this section, the task force shall
 commence an investigation into the operation of the  establishment.  The
 task  force  shall  complete  its  investigation and the authority shall
 commence a disciplinary hearing proceeding pursuant to this chapter  for
 revocation  or other appropriate action within forty-five calendar days,
 unless the task force determines in written findings that MORE  TIME  IS
 NEEDED  TO  SATISFACTORILY COMPLETE SUCH INVESTIGATION OR THAT no disci-
 plinary charges are warranted. SUCH EXTENSION OF TIME FOR COMPLETION  OF
 THE  INVESTIGATION SHALL BE FOR NO MORE THAN SIXTY CALENDAR DAYS. A copy
 of any such determination shall be sent to the mayor, chief  of  police,
 police  commissioner,  sheriff,  or  local legislative body of the city,
 town or village that filed the  notification  with  the  authority.  The
 authority  shall notify the mayor, chief of police, police commissioner,
 sheriff, or local legislative body of the city,  town  or  village  that
 filed  the notification to the authority of the final disposition of the
 disciplinary proceeding within ten business days of  the  completion  of
 this process.
   §  3.    This  act  shall take effect on the one hundred eightieth day
 after it shall have become a law.

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