NY State Senate Bill 2023-S9201

Senate Bill S9201

2023-2024 Legislative Session

Relates to the approval of seven day licenses to sell liquor at retail for consumption off the premises

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2024	referred to commerce, economic development and small business

2023-S9201 (ACTIVE) - Details

Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§63 & 79, ABC L

2023-S9201 (ACTIVE) - Summary

Relates to the approval of seven day licenses to sell liquor at retail for consumption off the premises.

2023-S9201 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9201

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to the
approval of seven day licenses to sell liquor at retail for consumption
off the premises

 
PURPOSE:

This bill would change the "public convenience and advantage" standard,
regarding the approval and transfer of retail licenses to sell
liquor/wine for off-premises consumption to the "good cause for disap-
proval" standard that currently applies to on-premises licenses.

 
SUMMARY OF PROVISIONS:

Section 1 - Subdivision 6 of Section 63 of the Alcoholic Beverage
Control Law is amended' to remove the "public convenience and advantage
standard" with respect to approving liquor store licenses, allowing
approvals and transfers to be made "unless there is good cause shown for

disapproval by the SLA."

Section 2 - Subdivision 4 of Section 79 of the Alcoholic Beverage
Control Law is similarly amended in order to extend the same standard to
wine store licenses.

Section 3 - Effective date.

 
JUSTIFICATION:

The "public convenience and advantage standard" is an evaluation made by
the State Liquor Authority when issuing retail licenses to sell wine and
liquor for off-premises consumption. However, it is a burdensome stand-
ard with no precise definition, which can create problems for both the
applicant and SLA. Allowing the SLA to award off-premises wine/liquor
licenses "unless good cause is shown for disapproval" will generate
greater faith and certainty in the licensing process for applicants
while still ultimately allowing the SLA to determine whether there is a
factual rationale to deny an application.

 
FISCAL IMPACT ON THE STATE:

None.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9201 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9201
 
                             I N  S E N A T E
 
                                May 3, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT  to amend the alcoholic beverage control law, in relation to the
   approval of seven day licenses to sell liquor at retail  for  consump-
   tion off the premises

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of  section  63  of  the  alcoholic  beverage
 control law, as added by chapter 1024 of the laws of 1965, is amended to
 read as follows:
   6.  Determinations  under  this  section with respect to APPROVING the
 issuance of a new license or under section one hundred  eleven  OF  THIS
 CHAPTER  with respect to the transfer to any other premises of a license
 issued hereunder, shall be made [in accordance with  public  convenience
 and  advantage]  UNLESS THERE IS GOOD CAUSE SHOWN FOR DISAPPROVAL BY THE
 LIQUOR AUTHORITY.
   § 2. Subdivision 4 of section 79 of  the  alcoholic  beverage  control
 law, as added by chapter 1024 of the laws of 1965, is amended to read as
 follows:
   4.  Determinations  under  this  section with respect to APPROVING the
 issuance of a new license or under section one hundred  eleven  OF  THIS
 CHAPTER  with respect to the transfer to any other premises of a license
 issued hereunder shall be made [in accordance  with  public  convenience
 and  advantage]  UNLESS THERE IS GOOD CAUSE SHOWN FOR DISAPPROVAL BY THE
 LIQUOR AUTHORITY.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15313-01-4

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