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S80Senate2017-2018 SessionSame asA2824

Liquor Licenses Get Stricter Rules

Official title

“Provides that liquor authority may include certain terms and conditions as part of various licenses for on-premises consumption to assure premises lawfully operated”

Sponsor Brad Hoylman-SigalSD-27+1 co-sponsorAffects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

What's happening

This bill allows the New York State Liquor Authority to add enforceable terms and conditions to on-premises alcohol licenses after consulting with applicants.

Why it matters

  1. Gives the Liquor Authority more flexibility. to address specific issues at individual bars, restaurants, or clubs by tailoring license requirements (such as noise controls, security measures, or hours) to the circumstances of each establishment, rather than applying only universal rules.

  2. Creates new enforceable obligations for license holders. , making it possible for the state to hold businesses accountable for not just broad legal violations but also for breaching customized terms set during the licensing process.

  3. Requires consultation with applicants and notified parties. before adding these terms, which means licensees and potentially impacted community members can have input and potentially negotiate on specific conditions before they become enforceable.

  4. May help address local concerns and complaints. (like neighborhood disturbances or nuisance issues) more directly and responsively, providing a legal mechanism for ongoing oversight and adjustment beyond initial licensing.

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Who cares

Headline styles

Liquor Licenses Get Stricter Rules

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

Sponsors

Primary sponsor
Brad Hoylman-Sigal

Senator · Senate District 27

1 Co-sponsor

History

  1. Referred to investigations and government operations
  2. 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.

A2824Assembly

Liquor Licenses Get New Rules

Assembly Floor Calendar · Sponsor Richard Gottfried

Impact 4 · Low0% to pass

Full text

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

STATE OF NEW YORK

80

2017-2018 Regular Sessions

IN SENATE (Prefiled)

January 4, 2017

Introduced by Sen. HOYLMAN -- 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 authorizing the imposition of certain terms and conditions as part of certain licenses for on-premises consumption

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

Section 1. Section 55 of the alcoholic beverage control law is amended by adding a new subdivision 4 to read as follows:

4. The authority may include, as part of a license under this section, terms and conditions for the purpose of assuring that the licensed premises are operated in accordance with applicable law and consistent with public convenience and advantage. Prior to including terms and conditions in a license, the authority shall consult with the applicant and any party entitled to receive notice of the application. The terms and conditions shall be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the authority.

§ 2. Section 55-a of the alcoholic beverage control law is amended by adding a new subdivision 3 to read as follows:

3. The authority may include, as part of a license under this section, terms and conditions for the purpose of assuring that the licensed premises are operated in accordance with applicable law and consistent with public convenience and advantage. Prior to including terms and conditions in a license, the authority shall consult with the applicant and any party entitled to receive notice of the application. The terms and conditions shall be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the authority.

§ 3. Section 64 of the alcoholic beverage control law is amended by adding a new subdivision 10 to read as follows:

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

[ ] is old law to be omitted.

LBD02690-01-7

S. 80 2

10. The authority may include, as part of a license under this section, terms and conditions for the purpose of assuring that the licensed premises are operated in accordance with applicable law and consistent with the public interest. Prior to including terms and conditions in a license, the authority shall consult with the applicant and any party entitled to receive notice of the application. The terms and conditions shall be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the authority.

§ 4. Section 64-a of the alcoholic beverage control law is amended by adding a new subdivision 5-a to read as follows:

5-a. The authority may include, as part of a license under this section, terms and conditions for the purpose of assuring that the licensed premises are operated in accordance with applicable law and consistent with the public interest. Prior to including terms and conditions in a license, the authority shall consult with the applicant and any party entitled to receive notice of the application. The terms and conditions shall be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the authority.

§ 5. Section 64-b of the alcoholic beverage control law is amended by adding a new subdivision 5-a to read as follows:

5-a. The authority may include, as part of a license under this section, terms and conditions for the purpose of assuring that the licensed premises are operated in accordance with applicable law and consistent with the public interest. Prior to including terms and conditions in a license, the authority shall consult with the applicant and any party entitled to receive notice of the application. The terms and conditions shall be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the authority.

§ 6. Section 64-c of the alcoholic beverage control law is amended by adding a new subdivision 5-a to read as follows:

5-a. The authority may include, as part of a license under this section, terms and conditions for the purpose of assuring that the licensed premises are operated in accordance with applicable law and consistent with the public interest. Prior to including terms and conditions in a license, the authority shall consult with the applicant and any party entitled to receive notice of the application. The terms and conditions shall be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the authority.

§ 7. Section 64-d of the alcoholic beverage control law is amended by adding a new subdivision 5-a to read as follows:

5-a. The authority may include, as part of a license under this section, terms and conditions for the purpose of assuring that the licensed premises are operated in accordance with applicable law and consistent with the public interest. Prior to including terms and conditions in a license, the authority shall consult with the applicant and any party entitled to receive notice of the application. The terms and conditions shall be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the authority.

§ 8. Section 81 of the alcoholic beverage control law is amended by adding a new subdivision 5 to read as follows:

5. The authority may include, as part of a license under this section, terms and conditions for the purpose of assuring that the licensed premises are operated in accordance with applicable law and consistent with public convenience and advantage. Prior to including terms and conditions in a license, the authority shall consult with the applicant and any party entitled to receive notice of the application. The terms and

S. 80 3

conditions shall be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the authority.

§ 9. Section 81-a of the alcoholic beverage control law is amended by adding a new subdivision 5 to read as follows:

5. The authority may include, as part of a license under this section, terms and conditions for the purpose of assuring that the licensed premises are operated in accordance with applicable law and consistent with public convenience and advantage. Prior to including terms and conditions in a license, the authority shall consult with the applicant and any party entitled to receive notice of the application. The terms and conditions shall be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the authority.

§ 10. 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 authorizing the imposition of certain terms and conditions as part of certain licenses for on-premises consumption

Purpose or general idea of bill

This bill would allow the state Liquor Authority (SLA) to include certain terms and conditions as part of an on-premises liquor license, assuring that the premises is lawfully operated.

Summary of specific provisions

This bill amends nine sections of the Alcoholic Beverage Control law to allow the SLA to include specific terms and conditions in an on-premises liquor license, "for the purpose of assuring that the licensed premises are operated in accordance with applicable law and consistent with the public interest," or "for the purpose of assuring that the licensed premises are operated in accordance with applicable law and consistent with the public convenience and advantage" (§ 55, § 55-a, § 81, and § 81-a). Prior to including terms and conditions in the license, the SLA would consult with the applicant and any party entitled to receive notice of the application (for example, local governments or community boards). The terms and conditions would be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the SLA.

The bill adds this provision to the sections relating to various licenses for on-premises consumption: beer (§ 55), ball park beer (§ 55-a), liquor (§ 64), special liquor licenses (§ 64-a), premises commonly known as bottle clubs (§ 64-b), premises commonly known as a restaurant-brewer (§ 64-c), premises commonly known as a cabaret (§ 64-d), wine (§ 81), and special wine licenses (§ 81-a).

Justification

Communities are increasingly concerned about problem bars and clubs. Problems can include noise far into the night, crowds, traffic, vandalism, and violence. In recent years, the SLA has begun to enforce terms and conditions against on-premises establishments. However, adding this provision to the Alcoholic Beverage Control Law would give this policy a clear and permanent statutory foundation.

Prior legislative history

S.342 of 2015-2016 (Hoylman): Died in Commerce, Economic Development & Small Business A.3908 of 2015-2016 (Gottfried): Died in Economic Development (2015)/Advanced to Third Reading Calendar (2016) S.3075 of 2013-2014 (Hoylman): Died in Commerce A.5356 of 2013-2014 (Gottfried): Died in Economic Development (2013)/Advanced to Third Reading Calendar (2014) S.5579 of 2011-2012 (Alesi): Died in Commerce A.6863-A of 2011-2012 (Gottfried): Died in Economic Development

Fiscal implications

None.

Effective date

Immediately

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