What's happening
This bill requires applicants for special permits to stay open late serving alcohol to notify local authorities and allow community input before applying.
Why it matters
Strengthens local oversight. By requiring applicants to notify municipal clerks and local police at least 30 days before applying for a late-night alcohol permit, the bill gives local authorities more time and information to assess potential impacts on their communities.
Empowers community input. Community boards or municipalities can now formally express support or opposition to specific late-night permit applications, making residents' concerns or endorsements a formal part of the decision-making process.
Increases transparency and accountability. The bill mandates proof of notification (such as certified mail receipts) be included in the application, ensuring applicants cannot bypass local notification requirements and establishing a clear paper trail.
Potentially affects nightlife operators. Bar and restaurant owners seeking to stay open late will need to plan ahead and engage with local stakeholders, which could slow down or complicate the permitting process, especially in areas where community opposition is likely.
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Who cares
Headline styles
Extend Bar Closing Hours
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
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.
Let Bars Stay Open Later
In Assembly Committee · Economic Development · Sponsor Nily Rozic
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1890
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sen. AVELLA -- 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 special permits to remain open during certain hours of the morning
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 99 of the alcoholic beverage control law, as amended by chapter 204 of the laws of 1963, subdivisions 1 and 2 as amended by section 22 of part Z of chapter 85 of the laws of 2002, is amended to read as follows:
§ 99. Special permit to remain open during certain hours of the morning. 1. Any person licensed to sell alcoholic beverages for consumption on the premises pursuant to this chapter may apply to the liquor authority for a special permit to remain open on any week day between the hours of four o'clock a.m. or the closing hour prescribed by a rule adopted in a county on or before April first, nineteen hundred ninetyfive or pursuant to subdivision eleven of section seventeen of this chapter, and eight o'clock a.m. The fee for such permit shall be fiftyone dollars per day.
2. Not less than thirty days before filing an application for a special permit pursuant to this section, an applicant shall notify the municipality in which the premises is located of such applicant's intent to file such an application. Such notification shall be made to the clerk of the village, town or city, as the case may be, wherein the premises is located. For purposes of this section:
(a) notification need only be given to the clerk of a village when the premises is located within the boundaries of the village; and
(b) in the city of New York, the community board established pursuant to section twenty-eight hundred of the New York city charter with juris-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00427-01-7
S. 1890 2
diction over the area in which the premises is located shall be considered the appropriate public body to which notification shall be given.
3. Not less than thirty days before filing an application for a special permit pursuant to this section, an applicant shall notify the local police department, or if no local police department exists, the sheriff's department of the county in which the premises is located.
4. Such notification shall be made by: certified mail, return receipt requested; overnight delivery service with proof of mailing; or personal service upon the offices of the clerk or community board and the local police department or county sheriff's department.
5. The applicant must include, with the application for a special permit, proof that notice was mailed or delivered to the offices of the clerk or community board and the local police department or county sheriff's department. Acceptable proof that notice was mailed or delivered includes:
(a) a copy of the notice and a certified mail receipt card;
(b) a copy of the notice and a proof of mailing via overnight delivery service; or
(c) the original notice or a copy of the notice, stamped and signed by the clerk or community board and the local police department or county sheriff's department.
6. A municipality or community board may express an opinion for or against the granting of such application. Any such opinion shall be deemed part of the record upon which the liquor authority makes its determination to grant or deny the application.
7. The liquor authority may, in its discretion, issue to any such licensed person, whose premises are located within a trade area, a special permit to remain open during such hours of the morning on weekdays. The fee for such permit shall be at the rate of two hundred fifty-six dollars per annum.
[3.] 8. Such permits and the exercise of the privileges granted thereunder may be subjected by the liquor authority to such rules as it may deem necessary.
§ 2. This act shall take effect immediately.
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 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
2015-16: S. S929/A.240 (Rozic) 2013-14: S.3796/A.9158 (Rozic) 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.