NY State Senate Bill 2019-S7052

Senate Bill S7052

2019-2020 Legislative Session

Relates to notification requirements for a seven day license to sell liquor at retail for consumption off the 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
Jan 08, 2020	referred to investigations and government operations

2019-S7052 (ACTIVE) - Details

See Assembly Version of this Bill:: A3326
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§110-a & 110-b, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A11559
2011-2012: A4597
2013-2014: A1534
2015-2016: A1292
2017-2018: A4351

2019-S7052 (ACTIVE) - Summary

Relates to notification requirements for a seven day license to sell liquor at retail for consumption off the premises.

2019-S7052 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7052

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
notification requirements for a seven day license to sell liquor at
retail for consumption off the premises

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require an alcoholic beverage retailer for off-premise
consumption to provide notice not less than thirty days prior to the
submission of an application for a license to sell liquor for retail for
off-premise consumption.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 110-a of the alcoholic beverage
control law to require that an applicant for a license to sell liquor
for off-site consumption shall publish a public notice of that applica-

tion.

Section 2 of the bill amends section 110-b of the alcoholic beverage
control law to require an applicant for a license to sell liquor for
consumption off the premises to notify the local municipality or New
York City community board with jurisdiction over the area in which the
licensed premises are to be located before submitting such an applica-
tion to the State Liquor Authority.

 
JUSTIFICATION:

Liquor retailers serve a need in this State. While contributing to the
local economy, they provide consumers with a valued product. However, a
proliferation of liquor stores in a small community can lead to unin-
tended consequences. An inundation can scare away other types of busi-
nesses. Similarly, a crowd of retailers can negatively alter the charac-
ter of a neighborhood. It is only fair that community members be given
an opportunity to voice their concerns about possible future liquor
stores.

Currently, applicants for licenses to sell alcoholic beverages for
consumption on the premises are required to notify the local munici-
pality or community board of their intentions at least thirty days prior
to the submission of their application. This legislation would extend
that practice to include applicants seeking to sell alcoholic beverages
for consumption off the premises. Without this law, a municipality or
community board can be caught off guard by the opening of a new liquor
store in an already crowded area.

As representatives of their community, local officials and community
boards are able to relay the residents' concerns regarding liquor
licenses to the State Liquor Authority. This legislation would allow the
Authority to make a well-informed decision on the impact of a new liquor
license in a given area. This bill would ensure that the people most
affected by the introduction of a new liquor store, an opportunity to
have their voices heard before any license is granted.

 
PRIOR LEGISLATIVE HISTORY:
2015-2016: S.4359 - Died in Commerce, Economic Development & Small Busi-
ness

2017-2018: S2456-A - Died in Rules

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7052 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7052
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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
   notification requirements for a seven day license to  sell  liquor  at
   retail for consumption off the premises

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 110-a of  the  alcoholic  beverage
 control  law,  as added by chapter 77 of the laws of 1999, is amended to
 read as follows:
   1. Every person applying for a license  to  sell  alcoholic  beverages
 pursuant  to  subdivision  four  of section fifty-one, or section fifty-
 five, SIXTY-THREE, sixty-four, sixty-four-a, sixty-four-c, eighty-one or
 eighty-one-a of this chapter shall publish notice  thereof  pursuant  to
 subdivision two of this section.
   §  2.  Paragraphs  (a),  (b),  (c) and (d) of subdivision 1 of section
 110-b of the alcoholic beverage control law, paragraphs (a) and  (b)  as
 amended  and  paragraphs (c) and (d) as added by chapter 560 of the laws
 of 2011, are amended to read as follows:
   (a) for a license issued pursuant to section fifty-five, fifty-five-a,
 SIXTY-THREE,  sixty-four,  sixty-four-a,   sixty-four-b,   sixty-four-c,
 sixty-four-d, eighty-one or eighty-one-a of this chapter;
   (b)  for  a  renewal  under section one hundred nine of this [chapter]
 ARTICLE  of  a  license   issued   pursuant   to   section   fifty-five,
 fifty-five-a,   SIXTY-THREE,   sixty-four,  sixty-four-a,  sixty-four-c,
 sixty-four-d, eighty-one or eighty-one-a of this chapter if the premises
 is located within the city of New York;
   (c) for approval of an alteration under section ninety-nine-d of  this
 chapter  if  the  premises  is  located  within the city of New York and
 licensed pursuant  to  section  fifty-five,  fifty-five-a,  SIXTY-THREE,
 sixty-four,  sixty-four-a,  sixty-four-c,  sixty-four-d,  eighty-one  or
 eighty-one-a of this chapter; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06082-10-9

 S. 7052                             2
 
   (d) for approval of a substantial corporate change under section nine-
 ty-nine-d of this chapter if the premises is located within the city  of
 New  York  and  licensed  pursuant  to section fifty-five, fifty-five-a,
 SIXTY-THREE,  sixty-four,  sixty-four-a,   sixty-four-c,   sixty-four-d,
 eighty-one or eighty-one-a of this chapter.
   § 3. This act shall take effect immediately.

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