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S4415Senate2017-2018 SessionSame asA1339

Notify Community of Liquor Applications

Official title

“Requires applicants for all-night liquor licenses to notify local community boards of their intent to apply for such licenses”

Sponsor Tony AvellaSD-11Affects Legal
Status
Senate Floor Calendar
Impact
3/10
Low
Outcome
Companion signed

Bill progress

Signed via A1339

What's happening

This bill requires notice of intent to apply for an alcohol permit to also be sent to local police and community boards.

Why it matters

  1. Increases transparency and local awareness. by ensuring that both police and community boards are formally notified whenever someone intends to apply for an alcohol permit, which could help communities better track and respond to new alcohol-related businesses or events.

  2. Enhances public safety and oversight. since law enforcement agencies will know about potential new sources of alcohol distribution in their area, enabling them to plan for any related impacts or concerns.

  3. Empowers community input. by guaranteeing that community boards, which often represent neighborhood interests, are informed early and can voice support or opposition before permits are granted, potentially influencing the outcome.

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Who cares

Headline styles

Notify Community of Liquor Applications

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

Sponsors

Primary sponsor
Tony Avella

Senator · Senate District 11

Chair, Children And Families

No co-sponsors yet.

History

  1. Substituted by A1339
  2. Ordered to third reading cal.1661
  3. Committee discharged and committed to rules
  4. Referred to investigations and government operations
  5. 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.

A1339Assembly

Notify Boards of Late Liquor

Signed by Governor · Sponsor Nily Rozic

Impact 3 · LowSigned into law

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4415

2017-2018 Regular Sessions

IN SENATE

February 14, 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 notification to community boards

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 is amended by adding a new subdivision 4 to read as follows:

4. Notice of intent to apply for a permit pursuant to this section must be sent to the local police department or, if there is no local police department then to the county sheriff's office, and such notice must also be sent to the local community board.

§ 2. This act shall take effect immediately and shall apply to all applications under section 99 of the alcoholic beverage control law made on and after such effective date.

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

[ ] is old law to be omitted.

LBD00523-01-7

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 notification to community boards

Purpose

To establish a law that would require the State Liquor Authority (SLA) to notify the local community board when any person licensed to sell alcoholic beverages for consumption on premises applies for a special permit.

Summary of provisions

Amends section 99 of the alcoholic beverage control law by adding a new subdivision to include notice of intent to apply for a permit to the local community board.

Justification

Currently, any person or business licensed to sell alcoholic beverages for consumption may apply to the SLA for a special permit to remain open on any weekday between the hours of 4 a.m. or the closing hour, and 8 a.m. This often takes place during New Years Eve and other holidays. The State Liquor Authority only requires that the application of the intent to apply for this permit be sent to the police precinct, and thus Commu- nity Boards are left out of the process.

To clarify the reasoning in response to the Governor's veto memo of 2015, while the Governor is correct that notice is provided to Community Boards as a part of the usual business licensing process for liquor stores, these special permits are different as they would allow the stores to be open outside of their usual operating hours for a limited period of time. Given the difference in operating hours, and the alco- holic products that are sold at these stores, requiring notice be given to the Community Board is not duplicative.

To ensure that the local community has input in these decisions, and to ensure that the SLA make fair and educated decisions on proposed permits, application notices should be sent to both the local police department and local community board, particularly when the applicant is in close proximity to residential areas. Community Boards have a better sense of local neighborhood issues and the institutional history of local businesses. Boards should be part of this process since they are included when local businesses are applying for the original licensure.

Legislative history

2015-16: S. 1130A. Vetoed Memo.248 11/20/2015

Fiscal implications

None

Effective date

This act shall take effect immediately and shall apply to all applica- tions under section 99 of the alcoholic beverage control law made on and after such effective date.

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