Authorizes a 90 day extension for ABC licenses

BILL NUMBER:A10552

Title of bill

An act to amend the alcoholic beverage control law, in relation to authorizing a one-time ninety day extension of licenses and permits

Purpose

This bill allows for an entity to request a ninety day exten- sion when applying for a renewal of their liquor license, for a fee of $1,500.

Summary of specific provisions

Section 109 of the alcoholic beverage control law is amended by adding a new subdivision 3 which allows for any applicant, when required to notify the clerk of the village, town, or city wherein the license premises is located, not less than thirty days prior to the submission of its application for renewal of any license issued under this chapter, to apply to the New York State Liquor Authority for a one-time license extension of ninety days, for a fee of $1,500.

Justification

Renewals for liquor licenses issued by the State Liquor Authority come before the clerk of the village, town, or city wherein the license premises is located to set in motion reviews/inspections and notifications to local agencies, as required by law, before a renewal is granted. Those inspections/reviews include those issued by the building department of the village, town, or city, as well as the Fire Marshal's office. The clerk is required to notify local police that their office has received an application for a renewal of a liquor license in the event local police have an objection. By law, an applicant must submit an application for renewal thirty (30) days prior to the expiration date of the license.

Very often, these applications are received in a clerk's office less than thirty (30) days prior to the expiration date of the license. When faced with the inability to purchase and sell liquor at their place of business, a licensee will then request a waiver to the State Liquor Authority's provision for the thirty (30) day notice of renewal to the Village, City, or Town Clerk. The applicant generally makes this request after being advised by the State Liquor Authority. Some towns have taken the position of not granting waivers to the thirty (30) day notice as it is not the town's requirement and or procedure, but the State's Liquor Authority.

This legislation provides a solution to this on-going problem, as it allows for an entity to request a ninety day extension of their liquor license, for a fee of $1,500, to allow time for them to meet the neces- sary filing requirements and to clear up any outstanding violations that might exist on the property. This would provide much needed revenue to the State, while also allowing small businesses to continue operating.

Fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date is author- ized to be made and completed before such date.