What's happening
This bill standardizes the public interest factors considered by the State Liquor Authority when evaluating on-premises liquor license applications.
Why it matters
Creates clear, uniform criteria for liquor license decisions. By specifying a standardized set of public interest factors—including proximity to other licenses, noise, traffic, history of violations, and formal municipal input—the law reduces ambiguity and may lead to more predictable, transparent licensing outcomes for applicants and communities.
Expands consideration of applicant history. The bill requires the State Liquor Authority to review not only liquor and criminal violations, but also past building and fire code violations and the applicant’s record with municipal/community board communications, potentially increasing scrutiny on repeat or problematic operators.
Strengthens the role of local input. By mandating “due consideration” of formal communication from municipalities or community boards in both routine and “500-foot rule” cases, the law gives local governments and residents a stronger, more consistent voice in the licensing process, which could affect neighborhood character and quality of life.
May impact business strategies and community relations. Prospective bar, restaurant, or club owners will need to be more proactive about compliance and community engagement, while neighborhoods may find it easier to influence the types of establishments that open nearby, potentially affecting local economies and social environments.
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Who cares
Headline styles
Standardize Liquor License Rules
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to commerce, economic development and small business
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.118
- Reported
- Reported referred to codes
- Referred to economic development
Companion bills
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Standardize Liquor License Rules
In Senate Committee · Commerce, Economic Development And Small Business · Sponsor Daniel L. Squadron
Standardize Liquor License Reviews
In Senate Committee · Commerce, Economic Development And Small Business · Sponsor Brian Kavanagh
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1300
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
Introduced by M. of A. KAVANAGH -- read once and referred to the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to making the provisions governing the various on-premises liquor licenses consistent with respect to public interest factors that may be considered by the state liquor authority when evaluating the merits of a license application
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 6-a of section 64 of the alcoholic beverage control law, as added by chapter 670 of the laws of 1993, is amended to read as follows:
6-a. The authority may consider [any or] all of the following in determining whether public convenience and advantage and the public interest will be promoted by the granting of licenses and permits for the sale of alcoholic beverages at a particular unlicensed location:
(a) [The] the number, classes and character of licenses in proximity to the location and in the particular municipality or subdivision thereof[.];
(b) [Evidence] evidence that all necessary licenses and permits have been obtained from the state and all other governing bodies[.];
(c) [Effect] effect of the grant of the license on vehicular traffic and parking in proximity to the location[.];
(d) [The] the existing noise level at the location and any increase in noise level that would be generated by the proposed premises[.];
(e) [The] the history of liquor violations and reported criminal activity at the proposed premises[.];
(f) history of building and fire violations at any businesses owned and/or operated by the applicant;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01052-01-7
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(g) history of formal communication from the municipality or community board made pursuant to this chapter for businesses owned and/or operated by the applicant; and
(h) [Any] any other factors specified by law or regulation that are relevant to determine the public convenience and advantage [and public interest of the community] and necessary to find that the granting of such license shall be in the public interest.
§ 2. Section 64-a of the alcoholic beverage control law is amended by adding a new subdivision 6-a to read as follows:
6-a. The authority may consider all of the following in determining whether public convenience and advantage and the public interest will be promoted by the granting of licenses and permits for the sale of alcoholic beverages at a particular unlicensed location:
(a) the number, classes and character of licenses in proximity to the location and in the particular municipality or subdivision thereof;
(b) evidence that applicants have secured all necessary licenses and permits from the state and all other governing bodies;
(c) the effect that the granting of the license will have on vehicular traffic and parking in the proximity of the location;
(d) the existing noise level at the location and any increase in noise level that would be generated by the proposed premises;
(e) the history of liquor violations and reported criminal activity at the proposed premises;
(f) history of building and fire violations at any businesses owned and/or operated by the applicant;
(g) history of formal communication from the municipality or community board made pursuant to this chapter for businesses owned and/or operated by the applicant; and
(h) any other factors specified by law or regulation that are relevant to determine the public convenience or advantage and necessary to find that the granting of such license shall be in the public interest.
§ 3. Section 64-b of the alcoholic beverage control law is amended by adding a new subdivision 4-a to read as follows:
4-a. The authority may consider all of the following in determining whether public convenience and advantage and the public interest will be promoted by the granting of licenses and permits for the sale of alcoholic beverages at a particular unlicensed location:
(a) the number, classes and character of licenses in proximity to the location and in the particular municipality or subdivision thereof;
(b) evidence that applicants have secured all necessary licenses and permits from the state and all other governing bodies;
(c) the effect that the granting of the license will have on vehicular traffic and parking in the proximity of the location;
(d) the existing noise level at the location and any increase in noise level that would be generated by the proposed premises;
(e) the history of liquor violations and reported criminal activity at the proposed premises;
(f) history of building and fire violations at any businesses owned and/or operated by the applicant;
(g) history of formal communication from the municipality or community board made pursuant to this chapter for businesses owned and/or operated by the applicant; and
(h) any other factors specified by law or regulation that are relevant to determine the public convenience or advantage and necessary to find that the granting of such license shall be in the public interest.
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§ 4. Section 64-c of the alcoholic beverage control law is amended by adding a new subdivision 10-a to read as follows:
10-a. The authority may consider all of the following in determining whether public convenience and advantage and the public interest will be promoted by the granting of licenses and permits for the sale of alcoholic beverages at a particular unlicensed location:
(a) the number, classes and character of licenses in proximity to the location and in the particular municipality or subdivision thereof;
(b) evidence that applicants have secured all necessary licenses and permits from the state and all other governing bodies;
(c) the effect that the granting of the license will have on vehicular traffic and parking in the proximity of the location;
(d) the existing noise level at the location and any increase in noise level that would be generated by the proposed premises;
(e) the history of liquor violations and reported criminal activity at the proposed premises;
(f) history of building and fire violations at any businesses owned and/or operated by the applicant;
(g) history of formal communication from the municipality or community board made pursuant to this chapter for businesses owned and/or operated by the applicant; and
(h) any other factors specified by law or regulation that are relevant to determine the public convenience or advantage and necessary to find that the granting of such license shall be in the public interest.
§ 5. Paragraph (f) of subdivision 7 of section 64 of the alcoholic beverage control law, as amended by chapter 185 of the laws of 2012, is amended to read as follows:
(f) Notwithstanding the provisions of paragraph (b) of this subdivision, the authority may issue a license pursuant to this section for a premises which shall be within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article if, after consultation with the municipality or community board, and due consideration of formal communication from the municipality or community board, it determines that granting such license would be in the public interest. Before it may issue any such license, the authority shall conduct a hearing, upon notice to the applicant and the municipality or community board, and shall state and file in its office its reasons therefor. The hearing may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued hearing. Before the authority issues any said license, the authority or one or more of the commissioners thereof may, in addition to the hearing required by this paragraph, also conduct a public meeting regarding said license, upon notice to the applicant and the municipality or community board. The public meeting may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued public meeting. Notice to the municipality or community board shall mean written notice mailed by the authority to such municipality or community board at least fifteen days in advance of any hearing scheduled pursuant to this paragraph. Upon the request of the authority, any municipality or community board may waive the fifteen day notice requirement. No premises having been granted a license pursuant to this section shall be denied a renewal of such license upon the grounds that such premises are within five hundred feet of a building or
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buildings wherein three or more premises are licensed and operating pursuant to this section and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
§ 6. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic beverage control law, as amended by chapter 185 of the laws of 2012, is amended to read as follows:
(d) Notwithstanding the provisions of subparagraph (ii) of paragraph (a) of this subdivision, the authority may issue a license pursuant to this section for a premises which shall be within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article if, after consultation with the municipality or community board, and due consideration of formal communication from the municipality or community board, it determines that granting such license would be in the public interest. Before it may issue any such license, the authority shall conduct a hearing, upon notice to the applicant and the municipality or community board, and shall state and file in its office its reasons therefor. Notice to the municipality or community board shall mean written notice mailed by the authority to such municipality or community board at least fifteen days in advance of any hearing scheduled pursuant to this paragraph. Upon the request of the authority, any municipality or community board may waive the fifteen day notice requirement. The hearing may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued hearing. Before the authority issues any said license, the authority or one or more of the commissioners thereof may, in addition to the hearing required by this paragraph, also conduct a public meeting regarding said license, upon notice to the applicant and the municipality or community board. The public meeting may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued public meeting. No premises having been granted a license pursuant to this section shall be denied a renewal of such license upon the grounds that such premises are within five hundred feet of a building or buildings wherein three or more premises are licensed and operating pursuant to this section and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
§ 7. Paragraph (c) of subdivision 5 of section 64-b of the alcoholic beverage control law, as amended by chapter 185 of the laws of 2012, is amended to read as follows:
(c) Notwithstanding the provisions of subparagraph (ii) of paragraph (a) of this subdivision, the authority may issue a license pursuant to this section for a premises which shall be within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d of this article if, after consultation with the municipality or community board, and due consideration of formal communication from the municipality or community board, it determines that granting such license would be in the public interest. Before it may issue any such license, the authority shall conduct a hearing, upon notice to the applicant and the municipality or community board, and shall state and file in its office its reasons therefor. The hearing may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued hearing. Before the authority issues any
A. 1300 5
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