Makes standards for various on premises liquor licenses consistent

Title of bill

An act to amend the alcoholic beverage control law, in relation to making consistent the standards and procedures governing the various on-premises liquor licenses with respect to 500-foot hearings

Purpose

This bill would create consistent standards and procedures governing the issuance of various on-premises liquor licenses, and the conduct of 500-foot hearings, where required.

Summary of provisions

Sections 1 through 5 of the bill would amend Alcoholic Beverage Control (ABC) Law §§ 64(7), 64-a(7), 64-b(5), 64-c(11), 64-d(8) to establish a consistent standard with respect to determining whether there are three or more licensed on-premises liquor businesses already in operation within 500 feet of an unlicensed establishment for which a new on-premises liquor license is sought. Further, these sections would establish consistent standards for the manner in which measurements between the proposed premises and existing premises are to be taken, and the manner in which notice is to be provided by the State Liquor Authority (SLA) to the interested New York City community board or local municipality.

Section 6 would provide for an immediate effective date.

Existing law

ABC Law § 64(7), which governs liquor licenses for restaurants, currently contains the most comprehensive standards regarding the 500 foot rule, the manner of measuring such rule, and the method of notice to be provided by the SLA to interested New York City community boards or local municipalities.

Justification

The potentially adverse impact of a new restaurant upon residents of a neighborhood led to the adoption of the "500-foot rule" under ABC Law

§ 64(7) whereby no retail license for on-premises consumption at a restaurant shall be granted for any premises which shall be within five hundred feet of three of more existing premises licensed and operating. The SLA has the power to consider a number of factors when evaluating the merits of a new application for an on-premises liquor license, the number, classes and character of licenses in proximity to the location. The SLA shall provide notice to the applicant and the municipality or community board regarding a hearing to determine if a liquor license might be issued for a proposed new establishment located within 500 feet of three similarly licensed and operating premises Unfortunately, the standards for measuring the proximity of nearby establishments and the method of notice to interested parties differ depending on the type of license being applied for (i.e. restaurant, tavern, bottle club, restaurant-brewer, or cabaret license) This bill establishes consistent standards and procedures governing the issuance of these various on-premises liquor licenses. All licensed and operating on-premises liquor establishments located within 500 feet of any premises for which a new on-premises liquor license is proposed should be counted when determining whether a 500-foot hearing should be held. Procedural inconsistencies should also be corrected. Currently, only ABC Law § 64(7) defines notice to the municipality or the community board as "written notice mailed by the authority to such municipality or community board at least 15 days in advance of any hearing scheduled." This definition should be incorporated into the tavern, bottle club, restaurant-brewer, and cabaret sections of the ABC Law (§§ 64-a, 64-b, 64-c, and 64-d).

Legislative history

S.8210 of 2008

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This legislation would take effect immediately.