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:A3827A

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 licenses and special retail licenses for on-premises 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 as follows:

The hearing may be rescheduled, adjourned or continued, and the authori- ty shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued hearing. Before the authority issues any said license, the authority or one or more of the commissioners thereof may, in addition to the hearing required by this paragraph, also conduct a public meeting regarding said license, upon notice to the applicant and the municipality or community board. The public meeting may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued public meeting.

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. The five hundred foot rule may be waived, however, if after consultation with the community board the Liquor Authority determines that issuing such a license would be in the public interest. 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.

While the Liquor Authority must provide notice of the five hundred foot hearing to the municipality or community board, it is not required to provide notice of subsequent meetings on the application. Specifically, it need not provide notice to the community of its final meeting on the application during which it decides whether to grant the license. This measure would require the Liquor Authority to provide written notice to the municipality or community board of all subsequent meetings on the

application, as it is imperative that the community be provided an opportunity to weigh in on the application during the decision making period.

Prior legislative history

A.594/S.4775 of 2001-02 A.248 of 2003-04 A.1628 of 2005-06 A.1959 of 2007-2008

Fiscal implications

None.

Effective date

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