What's happening
This bill requires that municipalities and community boards receive detailed notice, including redacted license applications, before hearings on new liquor licenses within 500 feet of existing licensed premises.
Why it matters
Enhances transparency and local oversight. By requiring that municipalities and community boards receive not only advance notice but also redacted copies of liquor license applications, the bill gives local entities more detailed information to review, enabling more informed feedback or objections before new licenses are granted.
Protects applicant privacy. The bill explicitly mandates redaction of sensitive personal information (home addresses, phone numbers, social security numbers) from applications, balancing public access to relevant business details with protection against potential privacy invasions for individuals involved.
May influence neighborhood character and quality of life. By empowering municipalities and community boards with fuller information about prospective licensees, the bill could impact decisions about business density, nightlife, and community input—potentially shaping the mix and concentration of bars/restaurants in residential or mixed-use areas.
Applies to all pending and new applications. The legislation is retroactive to include applications already pending before the liquor authority, meaning its effects could be immediate for communities where new licenses are under consideration, not just for future applicants.
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Who cares
Headline styles
Change Bar License Hearings
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to economic development
- Referred to economic development
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2912
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. LENTOL, GOTTFRIED -- read once and referred to the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to procedures associated with issuing retail and special retail licenses to sell liquor for on-premises consumption regarding premises located within five hundred feet of three or more existing premises in cities, towns and villages having a population of twenty thousand or more
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03296-01-7
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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 and shall include the date, time and place thereof. In addition, such notice to the municipality or community board of a hearing scheduled pursuant to this paragraph shall include a copy of the application for said license. Provided, however, that the copy of said application included with said notice shall not include the home address, home telephone number or social security number of any individual; and provided further that the authority, in its discretion, may redact any other personal information contained in such application in order to prevent an unwarranted invasion of an individual's privacy. 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 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.
§ 2. 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, 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 and shall include the date, time and place thereof. Upon the request of the authority, any municipality or community board may waive the fifteen day notice requirement. In addition, such notice to the municipality or community board of a hearing scheduled pursuant to this paragraph shall include a copy of the application for said license. Provided, however, that the copy of said application included with said notice shall not include the home address, home telephone number or social security number of any individual; and provided further that the authority, in its discretion, may redact any other personal information contained in such application in order to prevent an unwarranted invasion of an individual's privacy. 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
A. 2912 3
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.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to all applications for a retail license, or special retail license, for on-premises consumption for premises within five hundred feet of existing licensed premises that are pending before or filed with the state liquor authority on or after such effective date. Effective immediately any rules or regulations necessary or convenient to implement the provisions of this act are authorized to be promulgated on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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