Permits the issuance of licenses where it is determined such issuance is determined to be in the public interest

BILL NUMBER:S5749

Title of bill

An act to amend the alcoholic beverage control law, in relation to issuance of licenses and providing for the repeal of such provisions upon expiration thereof

Purpose or general idea of bill

This bill permits the issuance of retail Licenses and special retail licenses for on-premises consumption for premises within two hundred feet of a church or place of worship where the State Liquor Authority finds it to be in the public interest.

Summary of specific provisions

A new paragraph (f-1) is added to subdivision 7 of section 64, and a new paragraph (d-1) of subdivision 7 of section 64-a, are added to mirror the existing process for issuing a license that is within 500 feet of three or more licensed facilities, provided that the state liquor authority schedule a hearing with the municipality or community board and provide notice of any rescheduled, adjourned or continued hearing. The authority to issue such licenses will expire on January 1, 2014.

Justification

The State Liquor Authority is prohibited from issuing a retail license for on-premises consumption to any establishment located within two hundred feet of any school or place of worship. The legislature, since the enactment of this restriction, has on a case by case basis enacted special legislation authorizing, the issuance of a license notwithstanding this law.

There is current authority within the licensing provisions (paragraph f of subdivision 7 of section 64 and paragraph d of subdivision 7 of section 64-a of the alcoholic beverage control law-relating to authorizing additional licenses within 500 feet of three or more existing licenses) to allow the state liquor authority, in consultation with the affected municipality or community board, to issue a license notwithstanding existing area restrictions if it is found to be in the public interest.

This legislation would provide that same authority for one year only to authorize the state liquor authority to issue licenses within two hundred feet of a school or place of worship if found to be in the public interest. The local community would have a minimum of one hearing and would receive notice of any subsequent meeting, hearing or other proceeding on the application.

Prior legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately, and shall expire on January 1, 2014.