What's happening
This bill allows Community Board District 12 in Manhattan to petition for a temporary moratorium on new bar licenses to address over-concentration and related community issues.
Why it matters
Targets Over-Concentration of Bars in Residential Areas. By enabling a community-driven moratorium, the bill directly addresses concerns about bars clustering near homes, which have been linked to increased crime, noise, vandalism, and parking shortages.
Empowers Community Input and Democratic Process. The requirement for a petition signed by at least 1,000 local residents before the moratorium can be considered gives significant power to the community, ensuring that action reflects genuine local consensus.
Creates an Opportunity for Policy Reform. The mandated public hearings and report process provide a structured way to collect data and recommendations, aiming to inform future changes to state and local laws regarding the siting and density of alcohol-serving establishments.
Temporary but Renewable Tool for Local Control. The moratorium can last up to one year and be renewed, but is tied to a formal review and reporting process, balancing immediate relief for residents with the need for a longer-term, evidence-based approach to bar regulation.
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Who cares
Headline styles
Pause New Bar Licenses
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to investigations and government operations
- Print number 805a
- Amend (t) and recommit to finance
- Reported and committed to finance
- Referred to investigations and government operations
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
805--A
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to establish a demonstration program authorizing the community board for community board district 12 in the city of New York to apply to the state liquor authority for the establishment of an up to 1 year moratorium during which no licenses for sale of alcoholic beverages for on-premises consumption shall be issued to certain premises within certain areas of such district; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative intent. The legislature hereby finds that the increasingly high concentration of bars located within portions of community board district 12, in the borough of Manhattan and city of New York, an area north of 155th Street in such borough, and the rapidly increasing number of such establishments being located in portions of such district that are near residential and other non-commercial areas is detrimental to the quality of life of residents of that district. Further, that the establishment of such bars has substantially increased the incidence of violent crime, personal injuries, the level of property damage and vandalism, reduced quality of life within the community, and created a shortage of parking for local residents.
Therefore the legislature determines that the establishment of a demonstration program authorizing the community board for community board district 12 of the city of New York to petition the state liquor authority to temporarily deny the issuance of new licenses for the sale of alcoholic beverages for on-premises consumption to certain premises located in select areas that have a high and over concentration of simi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00038-03-7
S. 805--A 2
lar premises in such district. Furthermore, the establishment of such demonstration program provides the legislature, the state liquor authority, the mayor of the city of New York and the community board for community district 12 of the city of New York with the opportunity to analyze issues surrounding the over concentration of bars in certain select areas within the community board district 12, and to establish statutory and regulatory solutions to such issues.
§ 2. For the purposes of this act:
(a) "Authority" means the state liquor authority as continued pursuant to section 10 of the alcoholic beverage control law.
(b) "Board" means the community board for community board district 12 in the city of New York.
(c) "District" means community board district 12 in the city of New York.
(d) "License applicant" means an applicant for an initial license to sell alcoholic beverages for on-premises consumption in the district where the premises to be licensed is within 400 feet of two or more premises that are so licensed, and where 65 percent or less of the anticipated receipts from the operation of the premises are to be derived from the sale of food or such premises has a legal occupancy capacity of 75 persons or more.
§ 3. There shall be established a demonstration program providing, at the option of the board, for the institution of an up to one year moratorium prohibiting the initial issuance of licenses to sell alcoholic beverages for on-premises consumption in certain select areas of the district to license applicants. Such moratorium shall not apply to any other applicant for a license pursuant to the alcoholic beverage control law.
§ 4. The board shall only commence action to petition the authority for an up to one year moratorium on the granting licenses to sell alcoholic beverages for on-premises consumption to license applicants upon receipt of a petition therefor signed by not less than 1,000 residents of the district. Upon receipt of such residents' petition, the board shall review it as to form and completeness, and then may accept the petition if it is deemed to be valid. Upon acceptance of the residents' petition, the board shall within 90 days consider such petition for an up to one year moratorium, and shall either approve or reject it. If the petition is approved and adopted, the board shall file a copy of the petition with an accompanying resolution from the board requesting such moratorium with the authority and the authority shall for a period of up to one year following such filing, deny the applications of license applicants in those select areas identified in such resolution. Provided that notwithstanding such moratorium all applications for licenses under the alcoholic beverage control law shall continue to be accepted by the board pursuant to section 110-b of such law during such moratorium. Provided, further, that upon the expiration of a moratorium pursuant to this section, a second up to one year moratorium may be imposed utilizing the same process established by this section.
§ 5. Upon the establishment of a moratorium pursuant to section four of this act, the board, in conjunction with the authority shall conduct public hearings and community forums in the district and shall accept comments and testimony on the issue of the over concentration of bars in those select areas identified in the district. Such comments and testimony may include issues surrounding the problems arising therefrom and the types of premises licensed to sell alcoholic beverages which cause problems within the district, the affect of current land use law on the
S. 805--A 3
over concentration of bars within the areas which are the subject of such hearing and community forums, and other courses of action that the authority and the city of New York may take to help mitigate the adverse affects caused by the over concentration of such bars. Upon the conclusion of all such hearings and forums, the board shall compile a report on the testimony and comments made during the hearing and forums, and the board's findings and recommendations on necessary changes to state law, rules and regulations, the administrative code of the city of New York, and in local and land use laws to address the problems in the district related to the over concentration of such bars in the areas within the district identified. Such report shall be filed with the governor, the temporary president of the senate, the speaker of the assembly, the mayor of the city of New York and the authority. Such moratorium shall remain in effect until 180 days after such report has been so filed, or 550 days after the start of the moratorium, whichever shall be later.
§ 6. This act shall take effect immediately, and shall expire and be deemed repealed June 30, 2020.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to establish a demonstration program authorizing the community board for community board district 12 in the city of New York to apply to the state liquor authority for the establishment of an up to 1 year moratorium during which no licenses for sale of alcoholic beverages for on-premises consumption shall be issued to certain premises within certain areas of such district; and providing for the repeal of such provisions upon expiration thereof
Purpose or general idea of bill
The purpose of this bill is to give Community Board 12 of Manhattan, which includes those areas of Manhattan north of 155th Street, the tools that they need to address certain quality of life issues facing this community. Such quality of life issues relate to the over concentration of bars and other evening entertainment venues that is fostering increased crime, increased quality of life problems and issues, and reduced parking for local residents of the area. This bill authorizes such Community Board to file a petition and resolution with the State Liquor Authority (SLA) to impose an up to one year moratorium on the issuance of new licenses for certain licensees that serve alcoholic beverages on-premises that are proposed to be sited in areas that already have an over concentration of such businesses.
Summary of specific provisions
Section 1: Legislative Intent - There is an increasing problem within the district of Community Board 12 as it relates to the over concentration of bars, cabarets, night clubs, and other adult entertainment venues, especially those located near residential neighborhoods. The over concentration of such establishments that serve alcoholic beverages within this community has lead to increased violent crime, crimes against persons and property, property damage, littering, and overcrowding of streets and parking areas with nonresident bar patrons. This trend has substantially damaged the quality of life in this area of Manhattan.
Read the full memo (1,026 words)
Section 2: This provision contains definitions for this unconsolidated law. This section includes definitions for the State Liquor Authority, Community Board District 12, and "Licensed Applicant". A licensed applicant is any applicant for an on-premises license to sell alcohol that is within 400 feet of two or more existing premises that have already been licensed to sell alcoholic beverages. Such establishments derive over 35% of their anticipated receipts from the sale of alcohol and not food (65% of receipts) or have the legal capacity to hold more than 75 persons or more.
Section 3: Establishes a demonstration program, so that, at the option of the Community Board 12, they can institute an up to one year moratorium on the establishment of additional certain kinds.of businesses that have on-premises licenses to sell alcoholic beverages. Such businesses would have to be proposed to be located in areas that already have an over concentration of such businesses already located there.
Section 4: This section establishes the procedure that needs to be followed for the Community Board to file a petition and resolution with the State Liquor Authority (SLA)to institute an up to one year moratorium on the siting of any more large drinking establishments or those the generate most of their receipts from the sale of alcohol.
The procedure is:
-A petition containing over 1,000 signatures from residents must be presented to the Board requesting that the Community Board file a petition with the SLA to institute such a moratorium.
-Upon acceptance, the Community Board has 90 days to consider such petition and application for such proposed moratorium.
-The Community Board, upon adopting such petition, votes to approve or disapprove of such petition.
-If such petition is approved, the Board files a resolution with the SLA, and upon it being filed, the SLA may not approve of additional bars within such areas of over concentration if they meet the qualification of bars that cannot be established.
-If at the end of such up to one year moratorium period of time, the Board believes that additional time is needed, such moratorium can be extended for one and only one more extension. The same procedures to institute the first moratorium would need to be adheard to for the second moratorium.
Section 5: The purpose of the one year moratorium is so that the Community Board can engage in community outreach, conduct public hearings and forums to ascertain the issues raised by the over concentration of bars in such areas and suggest ways to mitigate the detrimental quality of life issues raised by such establishments. After the public forum and hearings have been concluded, a report on such hearings and conclusions reached by such Boards on courses of action to mitigate detrimental effects by the over concentration bars is to be prepared and submitted to the State Legislature, SLA, City of New York, and the Governor. Such report can consider altering state laws, rules & regulations, SLA policy procedures, local New York City laws, or land-use laws or policies to address this quality of life situation.
Section 6: This act shall take effect immediately, and deemed to expire on June 30, 2020.
Justification
This bill establishes a demonstration project to start the process of ensuring that licenses for certain large and, often rowdy, evening establishments that serve alcohol on-premises can be better regulated and sited so that they do not substantially and adversely affect the surrounding residential neighborhoods. This Demo project targets the upper portions of Manhattan, which has recently witnessed a very significant increase in the number of such adult entertainment venues. Further, these on-premises establishments that serve alcohol have, more often than not, been concentrated in new areas that have severely adversely affected near-by residential neighborhoods and other non-commercial business uses that service such residential neighborhoods, such a food stores and other commercial services. This bill, while only a Demonstration project, hopefully will help the State Liquor Authority, the City of New York, and other state and New York City agencies to develop policies to address this situation related to the over concentration of bars in certain districts.
Prior legislative history
New Bill
Fiscal implications
To be determined.
Effective date
Immediate, and deemed repealed on June 30, 2020.
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