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- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
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Relates to special permits to remain open during certain hours of the morning
In Assembly Committee · Economic Development · Sponsor Nily Rozic
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S929
Title of bill
An act to amend the alcoholic beverage control law, in relation to special permits to remain open during certain hours of the morning
Purpose or general idea of bill
The legislation amends Section 99 of the alcohol beverage control law by adding new subdivisions to require applicants of the special permit to notify a municipality or New York City community boards of their intent to file such application 30 days prior to the actual filing of the application. The purpose of the bill is to ensure that the affected community board may express any opinion for or against such a permit and allow that opinion be deemed part of the record upon which the liquor board makes its determination to grant or deny the permit
Summary of provisions
Section 1 of the bill amends section 99 of the alcoholic beverage control law by renumbering and adding new subdivisions 2 - 6 to require that not less than 30 days before filing an application for a special permit, an applicant shall notify the clerk of a village, town or city, and in case of the city of New York, to the Community Board of such applicant's intent to file such an application.
In addition, section 99 new subdivisions 3 - 6 codify the current State Liquor Authority's Rule for "New Year's Eve" Permits, which requires such notice of intention to be sent to the local police department, or if no local police department exists, the sheriffs department of the county in which the premises is located. Such notice must be sent either certified mail, overnight delivery with proof of mailing or personal service.
Section 99 new subdivision 6 allows a municipality or community board to express an opinion for or against the granting of such application, which shall be deemed part of the record upon which the liquor authority makes its determination to grant or deny the application.
Section 2 provides for this act to take effect immediately.
Justification
Under the current alcohol beverage control law, when issuing or renewing liquor license, the New York State Liquor Authority is required to take into consideration the opinions of a municipality or community board.
However, when an already licensed retailer files an application for a special permit to continue to serve alcohol beverages after 9 A.M., or earlier in some counties (AKA "all night" or "New Year's Eve" permits), the law does not require the applicant to notify the municipality or community board, The current rule only requires that the local police department be notified of the licensee's intent to apply for such permit.
Given the significant impact and undue burden that the permit may create in the surrounding community, it is necessary to include a municipality or community board in the special permit application process to ensure that the community can provide meaningful input or voice community opposition when appropriate.
Prior legislative history
None.
Fiscal implications for state and local governments
None known.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.