NY State Senate Bill 2021-S474

Senate Bill S474

2021-2022 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 Commerce, Economic Development And Small Business 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 05, 2022	referred to commerce, economic development and small business
Jan 06, 2021	referred to commerce, economic development and small business

co-Sponsors

2021-S474 (ACTIVE) - Details

See Assembly Version of this Bill:: A30
Current Committee:: Senate Commerce, Economic Development And Small Business
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
2017-2018: S80, A2824
2019-2020: S2913, A1441
2023-2024: S2603

2021-S474 (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; 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.

2021-S474 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S474

SPONSOR: HOYLMAN
 
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" (S 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 (S 55), ball park beer (S
55-a), liquor (S 64), special liquor licenses (S 64-a), premises common-
ly known as bottle clubs (S 64-b), premises commonly known as a restau-
rant-brewer (S 64-c), premises commonly known as a cabaret (S 64-d),
wine (S 81), and special wine licenses (S 81-a).

 
JUSTIFICATION:

Communities are increasingly concerned about problem bars and clubs.
Problems can include noise far into the night, crowds, traffic, vandal-
ism, 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.2913 of 2019-2020 (Hoylman): Died in Commerce, Economic Development
and Small Business
A.1441 of 2019-2020 (Gottfried): Ordered to Third Reading Calendar
S.0080 of 2017-2018 (Hoylman): Died in Investigations and Government
Operations
A.2824 of 2017-2018 (Gottfried): Died in Codes/Advanced to Third Reading
Calendar (2018)
S.0342 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

2021-S474 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    474
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. HOYLMAN, SEPULVEDA -- read twice and ordered print-
   ed, and when printed to be committed to  the  Committee  on  Commerce,
   Economic Development and Small Business
 
 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.
                                                            LBD00151-01-1

 S. 474                              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. 474                              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 S474

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Sponsored By

Brad Hoylman-Sigal