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History
- Referred to commerce, economic development and small business
- Referred to commerce, economic development and small business
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides that liquor authority may include certain terms and conditions as part of various licenses for on-premises consumption to assure premises lawfully operated
In Assembly Committee · Economic Development · Sponsor Richard Gottfried
Full text
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Sponsor's memo
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
The subject bill would allow the State Liquor Authority to include certain terms and conditions as part of an on-premises liquor license, assuring that the premise is lawfully operated.
Summary of provisions
This bill amends six 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." Prior to including such terms and conditions in a 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 then be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the SLA.
The bill adds the foregoing provisions to the sections relating to various licenses for on-premises consumption: beer (§55), liquor (§64), special licenses (§64-a), premises commonly known as bottle clubs (§64-b), premises commonly known as a restaurant-brewer (§64-c), and premises commonly known as a cabaret (§64-d).
Justification
Communities are increasingly concerned about problem bars and clubs. Problems can include noise far into the night, crowds, traffic, vandalism, and violence. To respond to community concerns, it has become increasingly common for the State Liquor Authority to add conditions to liquor licenses. Applicants and community groups negotiate stipulations relating to security provisions, whether dancing will he allowed, etc.
However, under current law, the SLA is limited to penalizing the licensee and then only if it can show that a stipulation was entered into falsely.
This bill would overcome such a difficult burden and would give the SLA authority to enforce terms and conditions as part of the liquor license.
Legislative history
S.3601/A.5175 of 2007-08; S.2133 of 2005-06.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.