Revises procedures for issuance of retail and special retail liquor licenses for on premises consumption for premises within 500 feet of 3 or more existing premises

BILL NUMBER:A3743A

Title of bill

An act to amend the alcoholic beverage control law, in relation to procedures associated with issuing retail and special retail licenses to sell liquor for on-premises consumption regarding premises located within five hundred feet of three or more existing premises in cities, towns and villages having a population of twenty thousand or more

Purpose or general idea of bill

This bill revises procedures for the issuance of retail and special retail liquor licenses for on-premise consumption for premises within five hundred feet of three or more existing premises.

Summary of specific provisions

Paragraph (f) of subdivision 7 of section 64 of the alcoholic beverage control law, as amended by chapter 463 of the laws of 2009, and paragraph (d) of subdivision 7 of section 64-a of the alcoholic beverage control law, as amended by chapter 463 of the laws of 2009, are amended to read as follows:

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 para- graph and shall include the date, time and place thereof. In addition, such notice to the municipality or community board of a hearing sched- uled pursuant to this paragraph shall include a copy of the application for said license. Provided however, that a copy of said application included with said notice shall not include the home address, home tele- phone number or social security number of any individual; and provided further that the authority, in its discretion, may redact any other personal information contained in such application in order to prevent an unwarranted invasion of an individual's privacy.

Justification

The State Liquor Authority is prohibited from issuing a retail license for on-premises consumption to any establishment to be located within five hundred feet of three or more licensed and operating establishments, this prohibition is commonly referred to as the five hundred foot rule. The five hundred foot rule was enacted to alleviate the problems caused by the over saturation of residential neighborhoods by late night bars and clubs. This rule may be waived, however, if after consultation with the municipality or community board the Liquor Author- ity determines that issuing such a license would be in the public inter- est. A public hearing must be conducted before the Liquor Authority can issue any such license during which the community must be provided an opportunity to present oral testimony on the application. Written notice must be provided to the municipality or community board at least fifteen days in advance of the hearing.

Currently, little more than the name and location of the proposed estab- lishment is included with the five hundred foot hearing notice. This measure requires that a copy of the license application, redacted to

exclude personal information, being included with the notice so that the public may participate in the hearing in an informed manner.

Prior legislative history

A.597/S.4774 of 2001-02 A.1626 of 2005-06 A.1869 of 2007-2008

Fiscal implications

None.

Effective date

This act shall take effect 90 days after it shall have become a law.