Provides that in certain cases notification can be provided by overnight delivery service with proof of mailing or by personal services

Summary of provisions

Section 1 of the bill would amend ABC Law § 55(2-a) to add overnight delivery or personal service to the list of available options for appli- cants and renewal applicants for premises beer licenses to notify New York City Community Boards of their intent to file same with the State Liquor Authority (SLA).

Section 2 of the bill would amend ABC Law § 64(2-a) to add overnight delivery or personal service to the list of available options for appli- cants and renewal applicants for full on premises liquor licensees to notify their local municipality of their intent to file same with the SLA.

Section 3 of the bill would amend ABC Law § 64-c(3) to add overnight delivery or personal service to the list of available options for appli- cants and renewal applicants for restaurant-brewer licenses to notify their local municipality of their intent to file same with the SLA.

Section 4 of the bill would amend ABC Law § 64-d(3) to add overnight delivery or personal service to the list of available options for appli- cants and renewal applicants for cabaret licenses to notify their local municipality of their intent to file same with the Authority.

Section 5 of the bill would amend ABC Law § 81(1-a) to add overnight delivery or personal service to the list of available options for appli- cants and renewal applicants for on premises wine licensees to notify New York City Community Boards of their intent to file same with the SLA.

Section 6 of the bill would amend ABC Law § 99-d(1) to add overnight delivery to the list of available options for premises alteration appli- cants to file same with the SLA.

Section 7 of the bill would amend ABC Law § 107-a(4)(c)(1) to add certi- fied mail or overnight delivery service to the list of available options for brand label registrants to file same with the SLA.

Section 8 of the bill would amend ABC Law § 107-a(4)(c)(2)(i) to add certified mail and overnight delivery service to the list of notifica- tion methods brand label registrants can utilize to qualify for 30 day assumed approval.

Section 9 of the bill would provide that the act would take effect 180 days after it shall have become law, provided that the SLA may promul- gate rules necessary for the implementation of this act immediately.

Existing law

Current ABC Law provisions require most license applicants and renewal applicants to file with their local municipalities a minimum of 30 days in advance of SLA filings and via certified mail. If enacted, this legislation would expand the types of notice that would be legally sufficient to satisfy these notice requirements.

Legislative history

This is a new bill.

Statement in support

Many license applicants and renewal applicants have difficulty complying with statutory notification requirements as contained in the ABC Law. This situation has led to numerous disciplinary violations being commenced by the SLA for what amount to paperwork errors by otherwise law abiding liquor licensees. If enacted, this legislation would expand the types of notification that would be legally sufficient to satisfy many notification requirements in the ABC Law, thereby enabling the SLA to operate in a more business friendly manner vis-a-vis licensees.

Budget implications

None.

Effective date

180 days after it shall have become law, provided that the SLA may promulgate rules necessary for the implementation of this act immediate- ly.