What's happening
This bill standardizes the public interest factors the state liquor authority must consider when evaluating on-premises liquor license applications.
Why it matters
Creates a consistent set of public interest factors. for the State Liquor Authority to consider across all types of on-premises liquor licenses, making the decision process more predictable for applicants and communities.
Expands and clarifies the criteria. the Authority must weigh, including the applicant's history of liquor, building, and fire code violations, as well as any prior formal communications from municipalities or community boards, potentially increasing scrutiny of applicants with problematic backgrounds.
Gives stronger voice to local governments and community boards. by requiring formal consideration of their communications and concerns during the license application process, which could empower communities to have greater input on nearby alcohol-serving establishments.
May affect the ease or difficulty of obtaining licenses. for new bars, restaurants, or clubs, especially in areas with high density of existing licenses or where local opposition is organized, influencing neighborhood character, safety, and business opportunities.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Standardize Liquor License Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
History
- Referred to commerce, economic development and small business
- Referred to commerce, economic development and small business
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.
Standardize Liquor License Rules
Assembly Floor Calendar · Sponsor Harvey Epstein
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2360
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business
AN ACT to amend the alcoholic beverage control law, in relation to making the provisions governing the various on-premises liquor licenses consistent with respect to public interest factors that may be considered by the state liquor authority when evaluating the merits of a license application
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 6-a of section 64 of the alcoholic beverage control law, as added by chapter 670 of the laws of 1993, is amended to read as follows:
6-a. The authority may consider [any or] all of the following in determining whether public convenience and advantage and the public interest will be promoted by the granting of licenses and permits for the sale of alcoholic beverages at a particular unlicensed location:
(a) [The] the number, classes and character of licenses in proximity to the location and in the particular municipality or subdivision thereof[.];
(b) [Evidence] evidence that all necessary licenses and permits have been obtained from the state and all other governing bodies[.];
(c) [Effect] effect of the grant of the license on vehicular traffic and parking in proximity to the location[.];
(d) [The] the existing noise level at the location and any increase in noise level that would be generated by the proposed premises[.];
(e) [The] the history of liquor violations and reported criminal activity at the proposed premises[.];
(f) history of building and fire violations at any businesses owned and/or operated by the applicant;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02307-01-9
S. 2360 2
(g) history of formal communication from the municipality or community board made pursuant to this chapter for businesses owned and/or operated by the applicant; and
(h) [Any] any other factors specified by law or regulation that are relevant to determine the public convenience and advantage [and public interest of the community] and necessary to find that the granting of such license shall be in the public interest.
§ 2. Section 64-a of the alcoholic beverage control law is amended by adding a new subdivision 6-a to read as follows:
6-a. The authority may consider all of the following in determining whether public convenience and advantage and the public interest will be promoted by the granting of licenses and permits for the sale of alcoholic beverages at a particular unlicensed location:
(a) the number, classes and character of licenses in proximity to the location and in the particular municipality or subdivision thereof;
(b) evidence that applicants have secured all necessary licenses and permits from the state and all other governing bodies;
(c) the effect that the granting of the license will have on vehicular traffic and parking in the proximity of the location;
(d) the existing noise level at the location and any increase in noise level that would be generated by the proposed premises;
(e) the history of liquor violations and reported criminal activity at the proposed premises;
(f) history of building and fire violations at any businesses owned and/or operated by the applicant;
(g) history of formal communication from the municipality or community board made pursuant to this chapter for businesses owned and/or operated by the applicant; and
(h) any other factors specified by law or regulation that are relevant to determine the public convenience or advantage and necessary to find that the granting of such license shall be in the public interest.
§ 3. Section 64-b of the alcoholic beverage control law is amended by adding a new subdivision 4-a to read as follows:
4-a. The authority may consider all of the following in determining whether public convenience and advantage and the public interest will be promoted by the granting of licenses and permits for the sale of alcoholic beverages at a particular unlicensed location:
(a) the number, classes and character of licenses in proximity to the location and in the particular municipality or subdivision thereof;
(b) evidence that applicants have secured all necessary licenses and permits from the state and all other governing bodies;
(c) the effect that the granting of the license will have on vehicular traffic and parking in the proximity of the location;
(d) the existing noise level at the location and any increase in noise level that would be generated by the proposed premises;
(e) the history of liquor violations and reported criminal activity at the proposed premises;
(f) history of building and fire violations at any businesses owned and/or operated by the applicant;
(g) history of formal communication from the municipality or community board made pursuant to this chapter for businesses owned and/or operated by the applicant; and
(h) any other factors specified by law or regulation that are relevant to determine the public convenience or advantage and necessary to find that the granting of such license shall be in the public interest.
S. 2360 3
§ 4. Section 64-c of the alcoholic beverage control law is amended by adding a new subdivision 10-a to read as follows:
10-a. The authority may consider all of the following in determining whether public convenience and advantage and the public interest will be promoted by the granting of licenses and permits for the sale of alcoholic beverages at a particular unlicensed location:
(a) the number, classes and character of licenses in proximity to the location and in the particular municipality or subdivision thereof;
(b) evidence that applicants have secured all necessary licenses and permits from the state and all other governing bodies;
(c) the effect that the granting of the license will have on vehicular traffic and parking in the proximity of the location;
(d) the existing noise level at the location and any increase in noise level that would be generated by the proposed premises;
(e) the history of liquor violations and reported criminal activity at the proposed premises;
(f) history of building and fire violations at any businesses owned and/or operated by the applicant;
(g) history of formal communication from the municipality or community board made pursuant to this chapter for businesses owned and/or operated by the applicant; and
(h) any other factors specified by law or regulation that are relevant to determine the public convenience or advantage and necessary to find that the granting of such license shall be in the public interest.
§ 5. Paragraph (f) of subdivision 7 of section 64 of the alcoholic beverage control law, as amended by chapter 185 of the laws of 2012, is amended to read as follows:
(f) Notwithstanding the provisions of paragraph (b) of this subdivision, the authority may issue a license pursuant to this section for a premises which shall be within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article if, after consultation with the municipality or community board, and due consideration of formal communication from the municipality or community board, it determines that granting such license would be in the public interest. Before it may issue any such license, the authority shall conduct a hearing, upon notice to the applicant and the municipality or community board, and shall state and file in its office its reasons therefor. The hearing may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued hearing. Before the authority issues any said license, the authority or one or more of the commissioners thereof may, in addition to the hearing required by this paragraph, also conduct a public meeting regarding said license, upon notice to the applicant and the municipality or community board. The public meeting may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued public meeting. Notice to the municipality or community board shall mean written notice mailed by the authority to such municipality or community board at least fifteen days in advance of any hearing scheduled pursuant to this paragraph. Upon the request of the authority, any municipality or community board may waive the fifteen day notice requirement. No premises having been granted a license pursuant to this section shall be denied a renewal of such license upon the grounds that such premises are within five hundred feet of a building or
S. 2360 4
buildings wherein three or more premises are licensed and operating pursuant to this section and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
§ 6. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic beverage control law, as amended by chapter 185 of the laws of 2012, is amended to read as follows:
(d) Notwithstanding the provisions of subparagraph (ii) of paragraph (a) of this subdivision, the authority may issue a license pursuant to this section for a premises which shall be within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article if, after consultation with the municipality or community board, and due consideration of formal communication from the municipality or community board, it determines that granting such license would be in the public interest. Before it may issue any such license, the authority shall conduct a hearing, upon notice to the applicant and the municipality or community board, and shall state and file in its office its reasons therefor. Notice to the municipality or community board shall mean written notice mailed by the authority to such municipality or community board at least fifteen days in advance of any hearing scheduled pursuant to this paragraph. Upon the request of the authority, any municipality or community board may waive the fifteen day notice requirement. The hearing may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued hearing. Before the authority issues any said license, the authority or one or more of the commissioners thereof may, in addition to the hearing required by this paragraph, also conduct a public meeting regarding said license, upon notice to the applicant and the municipality or community board. The public meeting may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued public meeting. No premises having been granted a license pursuant to this section shall be denied a renewal of such license upon the grounds that such premises are within five hundred feet of a building or buildings wherein three or more premises are licensed and operating pursuant to this section and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
§ 7. Paragraph (c) of subdivision 5 of section 64-b of the alcoholic beverage control law, as amended by chapter 185 of the laws of 2012, is amended to read as follows:
(c) Notwithstanding the provisions of subparagraph (ii) of paragraph (a) of this subdivision, the authority may issue a license pursuant to this section for a premises which shall be within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d of this article if, after consultation with the municipality or community board, and due consideration of formal communication from the municipality or community board, it determines that granting such license would be in the public interest. Before it may issue any such license, the authority shall conduct a hearing, upon notice to the applicant and the municipality or community board, and shall state and file in its office its reasons therefor. The hearing may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued hearing. Before the authority issues any
S. 2360 5
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 making the provisions governing the various on-premises liquor licenses consistent with respect to public interest factors that may be consid- ered by the state liquor authority when evaluating the merits of a license application
Purpose
This bill would make consistent the factors that may be considered by the state Liquor Authority (SLA) when determining whether public conven- ience and advantage, and the public interest will be promoted by the granting of any of the on-premises liquor licenses provided for in Arti- cle 5 of the Alcoholic Beverage control (ABC) Law.
Summary of provisions
Sections 1 through 4 of the bill would amend ABC Law SS 64(6-a), 64-a, 64-b and 64-c to establish a consistent standard with respect to the factors that may be considered by the SLA when determining whether public convenience and advantage, and the public interest will be promoted by the grant of a specific on-premises liquor license to a particular applicant.
Read the full memo (830 words)
Sections 5 through 8 Adds that before issuing a license within five hundred feet of three or more existing premises licenses, the SLA will give due consideration of formal communication from the municipality or community.
Section 9 of the bill would provide for an immediate effective date.
Justification
Current ABC Law § 64(6-a) sets forth certain factors that the SLA can consider when evaluating the merits of an application for an on-premises restaurant liquor license. However, the ABC Law does not explicitly state that such factors may be considered for on-premises liquor Licenses at: taverns (S 64-a), bottle clubs (S 64-b), or restaurant- brewers (S 64-c).
In 1993, Article 5 of the ABC Law provided for essentially three types of on-premises liquor license: restaurant (S 64), tavern (S 64-a), and bottle club (S 65-b). An over--concentration of restaurant and tavern licenses in mixed residential-commercial neighborhoods was found by the Legislature to have a negative impact on the quality of life for resi- dents in many of these areas of over concentration. The Legislature's desire to protect residents from existing and potential problems associ- ated with an over-concentration of restaurants and taverns prompted enactment of Chapter 670 of the Laws of 1993, which gave the SLA the permissive power to consider any or all of the following factors when evaluating the merits of a new application for an on-premises liquor license:
(a) the number, classes and character of licenses in proximity to the SPONSOR: SQUA location and in the particular municipality or subdivision thereof; evidence that all necessary licenses and permits have been obtained from the state and all other governing bodies;
(c) effect of the grant of the license on vehicular. traffic and parking n proximity to the location;
(d) the existing noise level at the location and any increase in noise level that would be generated by the proposed premises;
(e) the history of liquor violations and reported criminal activity at the proposed premises; and
(f) the history of building and fire violations at any businesses owned and/or operated by the applicant;
(g) history of city of New York Community Board Opinions and Decisions made pursuant to the alcohol and beverage control law for businesses owned and/or operated by the applicant; and
(h) any other factors specified by law or regulation that are relevant to determine the "public convenience and advantage and public interest" of the community.
This legislative grant of power had the effect of overruling the deci- sion of the Court of Appeals in Matter of Circus Disco Ltd. v. New York. State Liquor Auth., 51 NY.2d 24 (1980), which held in part that under the pre-amendment statute, the adverse effect that a new on-prem- ises liquor establishment would have on vehicular traffic, parking, and noise levels were beyond the purview of the SLA. The Court held that those considerations appropriately reside within the exclusive discretion of local zoning officials. In 2000, ABC Law § 64-d(7) was amended and requires the SLA to consider all of the factors this bill would mandate when determining whether public convenience and advantage and the public interest would be promoted by the grant of a cabaret liquor license. Amendment of ABC Law §§ 64 (restaurant), 64-a (tavern), 64-b (bottle club), and 64-c (restaurant-brewer) - to more consistently parallel ABCL § 64-d (7), is desirable in order to make consistent all of the factors that may be considered by the SLA when determining wheth- er public convenience and advantage and the public interest will be promoted by the grant of a specific on-premises liquor license to a particular applicant.
Legislative history
2018: S7079/A1300 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS/ passed assembly 2017: S151/A1300 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS/ passed assembly 2016: S197/A5682 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS/ passed assembly 2015: S197/A5682 - REFERRED TO RULES/ passed assembly
Fiscal implications
None.
Local 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.