S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3231
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   making   the  provisions  governing  the  various  on-premises  liquor
   licenses consistent with respect to public interest factors  that  may
   be considered by the state liquor authority when evaluating the merits
   of a license application
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6-a of section 64  of  the  alcoholic  beverage
 control  law, as added by chapter 670 of the laws of 1993, is amended to
 read as follows:
   6-a. The authority may consider [any  or]  all  of  the  following  in
 determining  whether  public  convenience  and  advantage and the public
 interest will be promoted by the granting of licenses  and  permits  for
 the sale of alcoholic beverages at a particular unlicensed location:
   (a)  [The]  THE number, classes and character of licenses in proximity
 to the location and in the particular municipality or subdivision there-
 of[.];
   (b) [Evidence] EVIDENCE that all necessary licenses and  permits  have
 been obtained from the state and all other governing bodies[.];
   (c)  [Effect]  EFFECT of the grant of the license on vehicular traffic
 and parking in proximity to the location[.];
   (d) [The] THE existing noise level at the location and any increase in
 noise level that would be generated by the proposed premises[.];
   (e) [The] THE history  of  liquor  violations  and  reported  criminal
 activity at the proposed premises[.];
   (f)  HISTORY  OF  BUILDING AND FIRE VIOLATIONS AT ANY BUSINESSES OWNED
 AND/OR OPERATED BY THE APPLICANT;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00037-01-3
 A. 3231                             2
 
              

   (G) HISTORY OF FORMAL COMMUNICATION FROM THE MUNICIPALITY OR COMMUNITY
 BOARD MADE PURSUANT TO THIS CHAPTER FOR BUSINESSES OWNED AND/OR OPERATED
 BY THE APPLICANT; AND
   (H)  [Any]  ANY  other factors specified by law or regulation that are
 relevant to determine the public convenience and advantage  [and  public
 interest  of  the  community] AND NECESSARY TO FIND THAT THE GRANTING OF
 SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
   § 2. Section 64-a of the alcoholic beverage control law is amended  by
 adding a new subdivision 6-a to read as follows:
   6-A.  THE  AUTHORITY  MAY CONSIDER ALL OF THE FOLLOWING IN DETERMINING
 WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
 PROMOTED BY THE GRANTING OF LICENSES AND PERMITS FOR THE SALE  OF  ALCO-
 HOLIC BEVERAGES AT A PARTICULAR UNLICENSED LOCATION:
   (A)  THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE
 LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
   (B) EVIDENCE THAT APPLICANTS HAVE SECURED ALL NECESSARY  LICENSES  AND
 PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
   (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
 TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
   (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
 LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
   (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
 THE PROPOSED PREMISES;
   (F)  HISTORY  OF  BUILDING AND FIRE VIOLATIONS AT ANY BUSINESSES OWNED
 AND/OR OPERATED BY THE APPLICANT;
   (G) HISTORY OF FORMAL COMMUNICATION FROM THE MUNICIPALITY OR COMMUNITY
 BOARD MADE PURSUANT TO THIS CHAPTER FOR BUSINESSES OWNED AND/OR OPERATED
 BY THE APPLICANT; AND
   (H) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
 TO DETERMINE THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY  TO  FIND
 THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
   §  3. Section 64-b of the alcoholic beverage control law is amended by
 adding a new subdivision 4-a to read as follows:
   4-A. THE AUTHORITY MAY CONSIDER ALL OF THE  FOLLOWING  IN  DETERMINING
 WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
 PROMOTED  BY  THE GRANTING OF LICENSES AND PERMITS FOR THE SALE OF ALCO-
 HOLIC BEVERAGES AT A PARTICULAR UNLICENSED LOCATION:
   (A) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO  THE
 LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
   (B)  EVIDENCE  THAT APPLICANTS HAVE SECURED ALL NECESSARY LICENSES AND
 PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
   (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
 TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
   (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
 LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
   (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
 THE PROPOSED PREMISES;
   (F) HISTORY OF BUILDING AND FIRE VIOLATIONS AT  ANY  BUSINESSES  OWNED
 AND/OR OPERATED BY THE APPLICANT;
   (G) HISTORY OF FORMAL COMMUNICATION FROM THE MUNICIPALITY OR COMMUNITY
 BOARD MADE PURSUANT TO THIS CHAPTER FOR BUSINESSES OWNED AND/OR OPERATED
 BY THE APPLICANT; AND
   (H) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
 TO  DETERMINE  THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY TO FIND
 THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
 A. 3231                             3
 
   § 4. Section 64-c of the alcoholic beverage control law is amended  by
 adding a new subdivision 10-a to read as follows:
   10-A.  THE  AUTHORITY MAY CONSIDER ALL OF THE FOLLOWING IN DETERMINING
 WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
 PROMOTED BY THE GRANTING OF LICENSES AND PERMITS FOR THE SALE  OF  ALCO-
 HOLIC BEVERAGES AT A PARTICULAR UNLICENSED LOCATION:
   (A)  THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE
 LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
   (B) EVIDENCE THAT APPLICANTS HAVE SECURED ALL NECESSARY  LICENSES  AND
 PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
   (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
 TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
   (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
 LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
   (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
 THE PROPOSED PREMISES;
   (F)  HISTORY  OF  BUILDING AND FIRE VIOLATIONS AT ANY BUSINESSES OWNED
 AND/OR OPERATED BY THE APPLICANT;
   (G) HISTORY OF FORMAL COMMUNICATION FROM THE MUNICIPALITY OR COMMUNITY
 BOARD MADE PURSUANT TO THIS CHAPTER FOR BUSINESSES OWNED AND/OR OPERATED
 BY THE APPLICANT; AND
   (H) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
 TO DETERMINE THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY  TO  FIND
 THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
   §  5.  Paragraph  (f)  of subdivision 7 of section 64 of the alcoholic
 beverage control law, as amended by chapter 185 of the laws of 2012,  is
 amended to read as follows:
   (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
 sion, the authority may issue a license pursuant to this section  for  a
 premises which shall be within five hundred feet of three or more exist-
 ing  premises  licensed  and  operating  pursuant  to  this  section and
 sections sixty-four-a, sixty-four-b, sixty-four-c,  and/or  sixty-four-d
 of this article if, after consultation with the municipality or communi-
 ty board, AND DUE CONSIDERATION OF FORMAL COMMUNICATION FROM THE MUNICI-
 PALITY  OR  COMMUNITY  BOARD,  it  determines that granting such license
 would be in the public interest. Before it may issue any  such  license,
 the  authority shall conduct a hearing, upon notice to the applicant and
 the municipality or community board, and shall state  and  file  in  its
 office  its  reasons therefor. The hearing may be rescheduled, adjourned
 or continued, and the authority shall give notice to the  applicant  and
 the  municipality  or community board of any such rescheduled, adjourned
 or continued hearing. Before the authority issues any said license,  the
 authority  or  one or more of the commissioners thereof may, in addition
 to the hearing required by this paragraph, also conduct a public meeting
 regarding said license, upon notice to the  applicant  and  the  munici-
 pality  or  community  board.  The  public  meeting  may be rescheduled,
 adjourned or continued, and the  authority  shall  give  notice  to  the
 applicant  and  the municipality or community board of any such resched-
 uled, adjourned or continued public meeting. Notice to the  municipality
 or  community board shall mean written notice mailed by the authority to
 such municipality or community board at least fifteen days in advance of
 any hearing scheduled pursuant to this paragraph. Upon  the  request  of
 the authority, any municipality or community board may waive the fifteen
 day notice requirement. No premises having been granted a license pursu-
 ant  to  this section shall be denied a renewal of such license upon the
 grounds that such premises are within five hundred feet of a building or
 A. 3231                             4
 
 buildings wherein three or more  premises  are  licensed  and  operating
 pursuant  to  this  section  and  sections  sixty-four-a,  sixty-four-b,
 sixty-four-c, and/or sixty-four-d of this article.
   §  6.  Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
 beverage control law, as amended by chapter 185 of the laws of 2012,  is
 amended to read as follows:
   (d)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
 (a) of this subdivision, the authority may issue a license  pursuant  to
 this  section  for a premises which shall be within five hundred feet of
 three or more existing premises licensed and operating pursuant to  this
 section  and  sections  sixty-four,  sixty-four-b,  sixty-four-c, and/or
 sixty-four-d of this article if, after  consultation  with  the  munici-
 pality or community board, AND DUE CONSIDERATION OF FORMAL COMMUNICATION
 FROM  THE  MUNICIPALITY  OR COMMUNITY BOARD, it determines that granting
 such license would be in the public interest. Before it  may  issue  any
 such  license, the authority shall conduct a hearing, upon notice to the
 applicant and the municipality or community board, and shall  state  and
 file  in  its office its reasons therefor. Notice to the municipality or
 community board shall mean written notice mailed  by  the  authority  to
 such municipality or community board at least fifteen days in advance of
 any  hearing  scheduled  pursuant to this paragraph. Upon the request of
 the authority, any municipality or community board may waive the fifteen
 day notice requirement. The hearing may  be  rescheduled,  adjourned  or
 continued,  and the authority shall give notice to the applicant and the
 municipality or community board of any such  rescheduled,  adjourned  or
 continued  hearing.  Before  the  authority issues any said license, the
 authority or one or more of the commissioners thereof may,  in  addition
 to the hearing required by this paragraph, also conduct a public meeting
 regarding  said  license,  upon  notice to the applicant and the munici-
 pality or community  board.  The  public  meeting  may  be  rescheduled,
 adjourned  or  continued,  and  the  authority  shall give notice to the
 applicant and the municipality or community board of any  such  resched-
 uled,  adjourned  or  continued  public meeting. No premises having been
 granted a license pursuant to this section shall be denied a renewal  of
 such license upon the grounds that such premises are within five hundred
 feet  of  a  building  or  buildings  wherein three or more premises are
 licensed and operating pursuant to this section and sections sixty-four,
 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
   § 7. Paragraph (c) of subdivision 5 of section 64-b of  the  alcoholic
 beverage  control law, as amended by chapter 185 of the laws of 2012, is
 amended to read as follows:
   (c) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
 (a)  of  this subdivision, the authority may issue a license pursuant to
 this section for a premises which shall be within five hundred  feet  of
 three  or more existing premises licensed and operating pursuant to this
 section and  sections  sixty-four,  sixty-four-a,  sixty-four-c,  and/or
 sixty-four-d  of  this  article  if, after consultation with the munici-
 pality or community board, AND DUE CONSIDERATION OF FORMAL COMMUNICATION
 FROM THE MUNICIPALITY OR COMMUNITY BOARD, it  determines  that  granting
 such  license  would  be in the public interest. Before it may issue any
 such license, the authority shall conduct a hearing, upon notice to  the
 applicant  and  the municipality or community board, and shall state and
 file in its office its reasons therefor. The hearing may be rescheduled,
 adjourned or continued, and the  authority  shall  give  notice  to  the
 applicant  and  the municipality or community board of any such resched-
 uled, adjourned or continued hearing. Before the  authority  issues  any
 A. 3231                             5
 
 said  license, the authority or one or more of the commissioners thereof
 may, in addition to the hearing required by this paragraph, also conduct
 a public meeting regarding said license, upon notice  to  the  applicant
 and  the  municipality  or  community  board.  The public meeting may be
 rescheduled, adjourned or continued, and the authority shall give notice
 to the applicant and the municipality or community  board  of  any  such
 rescheduled,  adjourned or continued public meeting. Notice to the muni-
 cipality or community board shall mean  written  notice  mailed  by  the
 authority  to such municipality or community board at least fifteen days
 in advance of any hearing scheduled pursuant to this paragraph. Upon the
 request of the authority, any municipality or community board may  waive
 the  fifteen  day  notice requirement. No premises having been granted a
 license pursuant to this section shall  be  denied  a  renewal  of  such
 license upon the grounds that such premises are within five hundred feet
 of  a  building or buildings wherein three or more premises are licensed
 and operating pursuant to this section and sections  sixty-four,  sixty-
 four-a, sixty-four-c, and/or sixty-four-d of this article.
   §  8. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
 beverage control law, as amended by chapter 185 of the laws of 2012,  is
 amended to read as follows:
   (c)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
 (a) of this subdivision, the authority may issue a license  pursuant  to
 this  section  for a premises which shall be within five hundred feet of
 three or more existing premises licensed and operating pursuant to  this
 section  and  sections  sixty-four,  sixty-four-a,  sixty-four-b  and/or
 sixty-four-d of this article if, after  consultation  with  the  munici-
 pality or community board, AND DUE CONSIDERATION OF FORMAL COMMUNICATION
 FROM  THE  MUNICIPALITY  OR COMMUNITY BOARD, it determines that granting
 such license would be in the public interest. Before it  may  issue  any
 such  license, the authority shall conduct a hearing, upon notice to the
 applicant and the municipality or community board, and shall  state  and
 file in its office its reasons therefor. The hearing may be rescheduled,
 adjourned  or  continued,  and  the  authority  shall give notice to the
 applicant and the municipality or community board of any  such  resched-
 uled,  adjourned  or  continued hearing. Before the authority issues any
 said license, the authority or one or more of the commissioners  thereof
 may, in addition to the hearing required by this paragraph, also conduct
 a  public  meeting  regarding said license, upon notice to the applicant
 and the municipality or community  board.  The  public  meeting  may  be
 rescheduled, adjourned or continued, and the authority shall give notice
 to  the  applicant  and  the municipality or community board of any such
 rescheduled, adjourned or continued public meeting. Notice to the  muni-
 cipality  or  community  board  shall  mean written notice mailed by the
 authority to such municipality or community board at least fifteen  days
 in advance of any hearing scheduled pursuant to this paragraph. Upon the
 request  of the authority, any municipality or community board may waive
 the fifteen day notice requirement. No premises having  been  granted  a
 license  pursuant  to  this  section  shall  be denied a renewal of such
 license upon the grounds that such premises are within five hundred feet
 of a building or buildings wherein three or more premises are  operating
 and  licensed  pursuant  to  this section or sections sixty-four, sixty-
 four-a, sixty-four-b and/or sixty-four-d of this article.
   § 9. This act shall take effect immediately.