A03908 Summary:

BILL NOA03908
 
SAME ASSAME AS S00342
 
SPONSORGottfried
 
COSPNSRCook, Glick, Ortiz, Galef, Schimel, Weprin
 
MLTSPNSRBrennan, Colton, Cymbrowitz, Dinowitz, Hooper, Markey, McDonald, Paulin, Rosenthal, Rozic
 
Amd SS55, 55-a, 64, 64-a, 64-b, 64-c, 64-d, 81 & 81-a, ABC L
 
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; and 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.
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A03908 Actions:

BILL NOA03908
 
01/28/2015referred to economic development
01/06/2016referred to economic development
02/09/2016reported referred to codes
03/08/2016reported
03/10/2016advanced to third reading cal.438
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A03908 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3908
 
SPONSOR: Gottfried (MS)
  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" (§ 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 (§ 55), ball park beer (§ 55-a), liquor (§ 64), special liquor licenses (§ 64-a), premises common- ly known as bottle clubs (§ 64-b), premises commonly known as a restau- rant-brewer (§ 64-c), premises commonly known as a cabaret (§ 64-d), wine (§ 81), and special wine licenses (§ 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: 2002: A9012-A - advanced to 3rd reading 2003-04: A.3941 - passed Assembly 2005-06: A.3265 - passed Assembly 2007-08: A.5175 - passed Assembly 2009-10: A.6657 - referred to Economic Development 2011-12: A.6863-A - referred to Economic Development 2013: A5356 - referred to Economic Development; A2014: A5356 - advanced to 3rd reading   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A03908 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3908
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2015
                                       ___________
 
        Introduced  by  M.  of A. GOTTFRIED, COOK, GLICK, ORTIZ, GALEF, SCHIMEL,
          WEPRIN -- Multi-Sponsored by --  M.  of  A.  BRENNAN,  CLARK,  COLTON,
          CYMBROWITZ,  DINOWITZ,  HEASTIE,  HOOPER,  MARKEY,  McDONALD,  PAULIN,
          ROSENTHAL, ROZIC, SCARBOROUGH -- read once and referred to the Commit-
          tee on Economic Development
 
        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:
 
     1    Section 1. Section 55 of the alcoholic beverage control law is amended
     2  by adding a new subdivision 4 to read as follows:
     3    4. The authority may include, as part of a license under this section,
     4  terms and conditions for the purpose of assuring that the licensed prem-
     5  ises  are operated in accordance with applicable law and consistent with
     6  public convenience and advantage.  Prior to including terms  and  condi-
     7  tions  in  a license, the authority shall consult with the applicant and
     8  any party entitled to receive notice of the application. The  terms  and
     9  conditions shall be legally enforceable in the same manner as applicable
    10  provisions of this chapter or regulations of the authority.
    11    § 2.  Section 55-a of the alcoholic beverage control law is amended by
    12  adding a new subdivision 3 to read as follows:
    13    3. The authority may include, as part of a license under this section,
    14  terms and conditions for the purpose of assuring that the licensed prem-
    15  ises  are operated in accordance with applicable law and consistent with
    16  public convenience and advantage. Prior to including  terms  and  condi-
    17  tions  in  a license, the authority shall consult with the applicant and
    18  any party entitled to receive notice of the application.  The terms  and
    19  conditions shall be legally enforceable in the same manner as applicable
    20  provisions of this chapter or regulations of the authority.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01385-01-5

        A. 3908                             2
 
     1    §  3.  Section  64 of the alcoholic beverage control law is amended by
     2  adding a new subdivision 10 to read as follows:
     3    10.  The  authority  may  include,  as  part  of  a license under this
     4  section, terms and conditions for  the  purpose  of  assuring  that  the
     5  licensed  premises  are  operated  in accordance with applicable law and
     6  consistent with the public interest. Prior to including terms and condi-
     7  tions in a license, the authority shall consult with the  applicant  and
     8  any  party  entitled to receive notice of the application. The terms and
     9  conditions shall be legally enforceable in the same manner as applicable
    10  provisions of this chapter or regulations of the authority.
    11    § 4. Section 64-a of the alcoholic beverage control law is amended  by
    12  adding a new subdivision 5-a to read as follows:
    13    5-a.  The  authority  may  include,  as  part  of a license under this
    14  section, terms and conditions for  the  purpose  of  assuring  that  the
    15  licensed  premises  are  operated  in accordance with applicable law and
    16  consistent with the public interest. Prior to including terms and condi-
    17  tions in a license, the authority shall consult with the  applicant  and
    18  any  party  entitled to receive notice of the application. The terms and
    19  conditions shall be legally enforceable in the same manner as applicable
    20  provisions of this chapter or regulations of the authority.
    21    § 5. Section 64-b of the alcoholic beverage control law is amended  by
    22  adding a new subdivision 5-a to read as follows:
    23    5-a.  The  authority  may  include,  as  part  of a license under this
    24  section, terms and conditions for  the  purpose  of  assuring  that  the
    25  licensed  premises  are  operated  in accordance with applicable law and
    26  consistent with the public interest. Prior to including terms and condi-
    27  tions in a license, the authority shall consult with the  applicant  and
    28  any  party  entitled to receive notice of the application. The terms and
    29  conditions shall be legally enforceable in the same manner as applicable
    30  provisions of this chapter or regulations of the authority.
    31    § 6. Section 64-c of the alcoholic beverage control law is amended  by
    32  adding a new subdivision 5-a to read as follows:
    33    5-a.  The  authority  may  include,  as  part  of a license under this
    34  section, terms and conditions for  the  purpose  of  assuring  that  the
    35  licensed  premises  are  operated  in accordance with applicable law and
    36  consistent with the public interest. Prior to including terms and condi-
    37  tions in a license, the authority shall consult with the  applicant  and
    38  any  party  entitled to receive notice of the application. The terms and
    39  conditions shall be legally enforceable in the same manner as applicable
    40  provisions of this chapter or regulations of the authority.
    41    § 7. Section 64-d of the alcoholic beverage control law is amended  by
    42  adding a new subdivision 5-a to read as follows:
    43    5-a.  The  authority  may  include,  as  part  of a license under this
    44  section, terms and conditions for  the  purpose  of  assuring  that  the
    45  licensed  premises  are  operated  in accordance with applicable law and
    46  consistent with the public interest. Prior to including terms and condi-
    47  tions in a license, the authority shall consult with the  applicant  and
    48  any  party  entitled to receive notice of the application. The terms and
    49  conditions shall be legally enforceable in the same manner as applicable
    50  provisions of this chapter or regulations of the authority.
    51    § 8. Section 81 of the alcoholic beverage control law  is  amended  by
    52  adding a new subdivision 5 to read as follows:
    53    5. The authority may include, as part of a license under this section,
    54  terms and conditions for the purpose of assuring that the licensed prem-
    55  ises  are operated in accordance with applicable law and consistent with
    56  public convenience and advantage.  Prior to including terms  and  condi-

        A. 3908                             3
 
     1  tions  in  a license, the authority shall consult with the applicant and
     2  any party entitled to receive notice of the application. The  terms  and
     3  conditions shall be legally enforceable in the same manner as applicable
     4  provisions of this chapter or regulations of the authority.
     5    §  9. Section 81-a of the alcoholic beverage control law is amended by
     6  adding a new subdivision 5 to read as follows:
     7    5. The authority may include, as part of a license under this section,
     8  terms and conditions for the purpose of assuring that the licensed prem-
     9  ises are operated in accordance with applicable law and consistent  with
    10  public  convenience  and advantage.  Prior to including terms and condi-
    11  tions in a license, the authority shall consult with the  applicant  and
    12  any  party  entitled to receive notice of the application. The terms and
    13  conditions shall be legally enforceable in the same manner as applicable
    14  provisions of this chapter or regulations of the authority.
    15    § 10. This act shall take effect immediately.
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