Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor

Summary of specific provisions

The alcoholic beverage control law is amended by adding a new subdivision to chapter 256 of the laws of 1978. This subdivision requires posting within ten days after filing a new or renewal application to sell liquor at retail. This notice will remain posted until the date of the hearing or public meeting specified in such notice. The posting shall specify the application date, the type of license, the identification number and how to contact the State Liquor Authority to give a response to the application, This posting will be of the form prescribed by the authority either printed or highlighted stating new or renewal for a liquor license to sell liquor. The applicant will insure that the notice will remain posted in a conspicuous place at the entrance to the establishment or proposed establishment where it can be easily read by passers-by throughout the pendency of the application. These provisions will only apply to where no retail liquor license has been previously granted. This will not be applicable to a proposed sale of an existing business engaged in the retail sale of liquor., Within ten days of the applicant's receipt of a written request from the authority, the applicant shall repost such notice.

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 liquor license or a renewal of a liquor license.

This legislation requires that all establishments post clear notice when they apply for a new, or renewal liquor license. In addition,

establishments are mandated to post notice of State Liquor Authority hearings involving their establishment. In this way, the public will be alerted to upcoming opportunities to bring their issues and concerns about problem establishments to the attention of the State Liquor Authority. 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. Improving public notice will also help provide the State Liquor Authority with a fuller picture of the impact of problem establishments, so that the liquor license decisions that they make will better reflect the totality of circumstances.

Prior legislative history

2006: A.10049, Reported from Economic Development and Referred to Codes 2007-08: A.4584 Third Reading Cal. 974 2009-10: Referred to Economic Development, Referred to Codes, Rules Report Cal. 64, Ordered to Third Reading Cal. 64

Fiscal implications

To be determined.

Effective date

This act shall take effect on the ninetieth day after it shall become law and shall apply to all applications or applications for renewal made under section 64, 64-a, 64-b, 64-c, 64-d of the alcohol beverage control law with the state liquor authority on or after such effective date; provided that any rules or regulations necessary or convenient to implement the provisions of the act are authorized to be promulgated on or before such effective date.