Provides for notice to the community board upon an application for renewal of a license and requires the liquor authority to create a form for comment by such board

Title of bill

An act to amend the alcoholic beverage control law, in relation to renewals of licenses and permits

Purpose or general idea of bill

Provides for notice to the community board upon an application for renewal of a license and requires the liquor authority to create a form for comment by such board.

Summary of specific provisions

The alcoholic beverage control law is amended by adding a new subdivision 3 to subdivision 2 of section 109. The liquor authority shall require the applicant to notify the clerk of the village, town or city and community board wherein the licensed premises is located, in the same manner under the same requirements as set forth in subdivision two-a of section sixty-four of chapter 512 of the laws of 1996. The liquor authority shall create a standardized form that the municipality and community board shall be able to use to comment on the renewal application and shall be looked at by the liquor authority in consideration of granting the renewal. This form shall become part of the record in the renewal application proceedings.

Justification

A majority of licensed premises which serve alcohol and beer operate as good neighbors. However, there are some establishments which have caused numerous problems for their neighbors. In some instances, licensees have exhibited a pattern of disregard of their patrons disorderly behavior which repeatedly disturbs the neighborhoods in which they are located. In others, loud music emanating from establishments prevents residents from getting a good night's sleep. The effect of these problem bars in densely-developed, mixed-use areas is often magnified as residents live in close proximity to licensed establishments.

While problem bars have led neighbors to make complaints to owners of establishments and the police, residents are often unfamiliar with the timeframe in which they may express their complaints and share their experiences with the State Liquor Authority. Consequently, many individuals miss these opportunities to express their concerns while the State Liquor Authority is considering an establishment's application for a new, renewal or transferred liquor license.

With this legislation, the liquor authority shall require the applicant to notify the clerk of the village, town or city and community board wherein the licensed premises is located. A standardized form shall be issued by the liquor authority that the municipality and community board shall be able to use to comment on the renewal application and shall be looked at by the liquor authority in consideration of granting the renewal.

Since community members must live with the consequences of problem establishments, it is essential that they be aware of opportunities to express their concerns directly to the State Liquor Authority. Opening notices for comments will help provide the State Liquor Authority with a fuller picture of the impact of problem establishments, whether a renewal license or new license should be granted so that the liquor license decisions that they make will better reflect the totality of circumstances.

Prior legislative history

2006: A.10050 third reading Rules Calendar 964. 2007-08: a4214 referred to Economic Development.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the one hundred twentieth day after it shall become a law; amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.