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S152Senate2017-2018 SessionSame asS7080Same asA3859

Post Liquor License Notices

Official title

“Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor”

Sponsor Daniel L. SquadronSD-26Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

What's happening

This bill requires visible, standardized pink notices at liquor license applicants' establishments to improve public awareness and input opportunities.

Why it matters

  1. Increases transparency and community engagement. by requiring liquor license applicants to post highly visible, standardized pink notices, making it easier for local residents to know when a new establishment or renewal is being considered in their neighborhood.

  2. Expands the types of liquor licenses covered. beyond new applications to include renewals for a broader range of licenses (sections 64, 64-a, 64-b, 64-c, and 64-d), meaning more establishments will have to comply and more community members will be informed.

  3. Mandates clear information on notices. , including the application date, license type, ID number, and instructions on how to contact the State Liquor Authority to provide feedback or objections, thus facilitating more meaningful public participation.

  4. Requires applicants to re-post notices upon request and give additional details before public hearings. , ensuring that updated and relevant information remains accessible to the public throughout the application process and before key decision points.

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Who cares

Headline styles

Post Liquor License Notices

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Daniel L. Squadron

Senator · Senate District 26

No co-sponsors yet.

History

  1. Referred to investigations and government operations

Companion bills

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

152

2017-2018 Regular Sessions

IN SENATE (Prefiled)

January 4, 2017

Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations

AN ACT to amend the alcoholic beverage control law, in relation to procedures associated with issuing licenses to sell liquor for consumption

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 8 of section 100 of the alcoholic beverage control law, as added by chapter 256 of the laws of 1978 and renumbered by chapter 466 of the laws of 2015, is amended and a new subdivision 9 is added to read as follows:

8. Within ten days after filing a new application to sell liquor at retail under section sixty-three[, sixty-four, sixty-four-a or sixtyfour-b] of this chapter, a notice thereof, in the form prescribed by the authority, shall be posted by the applicant in a conspicuous place at the entrance to the proposed premises. The applicant shall make reasonable efforts to insure such notice shall remain posted throughout the pendency of the application. The provisions hereof shall apply only where no retail liquor license has previously been granted for the proposed premise and shall, specifically, not be applicable to a proposed sale of an existing business engaged in the retail sale of liquor. The authority may adopt such rules as it may deem necessary to carry out the purpose of this subdivision.

9. (a) Within ten days after filing a new application or an application for renewal to sell liquor under section sixty-four, sixty-four-a, sixty-four-b, sixty-four-c or sixty-four-d of this chapter, a notice thereof shall be posted by the applicant in a conspicuous place at the entrance to the establishment or proposed establishment where it can be easily read by passers-by. Said notice shall be in a form prescribed by

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00449-01-7

S. 152 2

the authority, provided however that said notice shall be either printed or highlighted in a pink ink of a neon, luminous or fluorescent variety. The notice shall specify the application date, the type of license, the identification number and how to contact the state liquor authority to give a response to the application. The applicant shall make reasonable efforts to insure such notice shall remain posted throughout the pendency of such application. Additionally, within ten days of the applicant's receipt of a written request from the authority, the applicant shall re-post such notice. The authority may adopt such rules as it may deem necessary to carry out the purpose of this paragraph.

(b) Within ten days of the applicant's receipt of written notice of a hearing scheduled pursuant to section sixty-four, sixty-four-a or sixty-four-c of this chapter, the applicant shall post a copy of such notice in a conspicuous place at the entrance to the establishment or proposed establishment where it can be easily read by passers-by. This notice shall include in clear and concise language a statement of the use and capacity of the establishment. The applicant shall make reasonable efforts to insure such notice shall remain posted until the date of the hearing or public meeting specified in such notice. Additionally, within ten days of the applicant's receipt of a written request from the authority, the applicant shall re-post such notice. The authority may adopt such rules as it may deem necessary to carry out the purpose of this paragraph.

§ 2. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to all applications or applications for renewal made under section 64, 64-a, 64-b, 64-c or 64-d of the alcoholic beverage control law for a license to sell liquor for consumption that are pending before or filed with the state liquor authority on or after such effective date; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the alcoholic beverage control law, in relation to procedures associated with issuing licenses to sell liquor for consumption

Purpose or general idea of bill

Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor.

Summary of specific provisions

The alcoholic beverage control law is amended by adding a new subdivision to chapter 256 of the laws of 1978. This subdivision requires posting within ten days after filing a new or renewal application to sell liquor at retail. This notice will remain posted until the date of the hearing or public meeting specified in such notice. The posting shall specify the application date, the type of license, the identification number and how to contact the State Liquor Authority to give a response to the application, This posting will be of the form prescribed by the authority either printed or highlighted stating new or renewal for a liquor license to sell liquor. The applicant will insure that the notice will remain posted in a conspicuous place at the entrance to the establishment or proposed establishment where it can be easily read by passers-by throughout the pendency of the application. These provisions will only apply to where no retail liquor license has been previously granted. This will not be applicable to a proposed sale of an existing business engaged in the retail sale of liquor. Within ten days of the applicant's receipt of a written request from the authority, the applicant shall repost such notice.

Read the full memo (717 words)

Justification

A majority of licensed premises which serve alcohol and beer operate as good neighbors. However, there are some establishments which have caused numerous problems for their neighbors. In some instances, licensees have exhibited a pattern of disregard of their patrons' disorderly behavior which repeatedly disturbs the neighborhoods in which they are located. In others, loud music emanating from establishments prevents residents from getting a good night's sleep. The effect of these problem bars in densely-developed, mixed-use areas is often magnified as residents live in close proximity to licensed establishments.

While problem bars have led neighbors to make complaints to owners of establishments and the police, residents are often unfamiliar with the timeframe in which they may express their complaints and share their experiences with the State Liquor Authority. Consequently, many individuals miss these opportunities to express their concerns while the State Liquor Authority is considering an establishment's application for a new liquor license or a renewal of a liquor license.

This legislation requires that all establishments post clear notice when they apply for a new, or renewal liquor license. In addition, establishments are mandated to post notice of State Liquor Authority hearings involving their establishment. In this way, the public will be alerted to upcoming opportunities to bring their issues and concerns about problem establishments to the attention of the State Liquor Authority. Since community members must live with the consequences of problem establishments, it is essential that they be aware of opportunities to express their concerns directly to the State Liquor Authority. Improving public notice will also help provide the State Liquor Authority with a fuller picture of the impact of problem establishments, so that the liquor license decisions that they make will better reflect the totality of circumstances.

Prior legislative history

2016: S119A/A3557A -REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS/ referred to economic development 2015: S119/A3557 -REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS/ referred to economic development 2013-2014: S186/A3768 - REFERRED TO IGOV 2011-2012: S39A/A3594A - REFERRED TO IGOV/advanced to third reading 2009-2010: S4141/A2624 - REFERRED TO IGOV/advanced to third reading 2007-2008: A4584 - Third Reading Cal. 974 2006: A10049 - Reported from Economic Development and Referred to Codes

Fiscal implications

To be determined.

Effective date

This act shall take effect on the ninetieth day after it shall become law and shall apply to all applications or applications for renewal made under section 64, 64-a, 64-b, 64-c, 64-d of the alcohol beverage control law with the state liquor authority on or after such effective date; provided that any rules or regulations necessary or convenient to implement the provisions of the act are authorized to be promulgated on or before such effective date.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.