Provides that liquor authority may include certain terms and conditions as part of various licenses for on-premises consumption to assure premises lawfully operated

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 or general idea of bill

This bill would allow the state Liquor Authority (SLA) to include certain terms and conditions as part of an on-premises liquor license, assuring that the premises is lawfully operated.

Summary of specific provisions

This bill amends nine 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," or "for the purpose of assuring that the licensed premises are operated in accordance with applicable law and consistent with the public convenience and advantage" (§ 55, § 55-a, § 81, and § 81-a). Prior to including terms and conditions in the 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 be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the SLA.

The bill adds this provision to the sections relating to various licenses for on-premises consumption: beer (§ 55), ball park beer (§ 55-a), liquor (§ 64), special liquor licenses (§ 64-a), premises commonly known as bottle clubs (§ 64-b), premises commonly known as a restaurant-brewer (§ 64-c), premises commonly known as a cabaret (§ 64-d), wine (§ 81), and special wine licenses (§ 81-a).

Justification

Communities are increasingly concerned about problem bars and clubs. Problems can include noise far into the night, crowds, traffic, vandalism, and violence. In recent years, he SLA has begun to enforce terms and conditions against on-premises establishments. However, adding this provision to the Alcoholic Beverage Control Law would give this policy a clear and permanent statutory foundation.

Prior legislative history

S.5579 of 2011-2012 (Alesi): Died in Commerce A.6863-A of 2011-2012 (Gottfried): Died in Economic Development S.3075 of 2013-2014 (Hoylman): Died in Commerce A.5356 of 2013-2014 (Gottfried): Died in Economic Development (2013)/Advanced to Third Reading (2014)

Fiscal implications

None.

Effective date

Immediately