What's happening
This bill allows New York's liquor authority to add enforceable terms and conditions to on-premises alcohol licenses after consulting affected parties.
Why it matters
Gives the State Liquor Authority (SLA) explicit power to tailor and enforce specific rules for individual bars, restaurants, and other venues with on-premises alcohol licenses, potentially addressing unique local concerns or community issues more effectively.
Requires the SLA to consult both the license applicant and parties entitled to notice (such as community boards or local governments) before imposing any new terms or conditions, which could foster more collaboration or negotiation but may also add steps to the licensing process.
Makes any added terms or conditions legally enforceable, meaning violations could lead to fines, license suspension, or revocation in the same way as breaking other state liquor laws or regulations.
Could impact both new applicants and current license holders if the SLA decides to modify existing licenses, leading to increased regulatory oversight and potentially more predictable enforcement for neighbors and communities but possibly more uncertainty or operational restrictions for business owners.
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Who cares
Headline styles
Tougher Bar License Rules
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
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.
Liquor Licenses Add Conditions
Assembly Floor Calendar · Sponsor Richard Gottfried
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2913
2019-2020 Regular Sessions
IN SENATE
January 30, 2019
Introduced by Sens. HOYLMAN, SEPULVEDA -- 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 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.
LBD03398-01-9
S. 2913 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. 2913 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" (S 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 (S 55), ball park beer (S 55-a), liquor (S 64), special liquor licenses (S 64-a), premises common- ly known as bottle clubs (S 64-b), premises commonly known as a restau- rant-brewer (S 64-c), premises commonly known as a cabaret (S 64-d), wine (S 81), and special wine licenses (S 81-a).
Justification
Communities are increasingly concerned about problem bars and clubs. Problems can include noise far into the night, crowds, traffic, vandal- ism, 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.80 of 2017-2018 (Hoylman): Died in Investigations and Government Oper- ations A.2824 of 2017-2018 (Gottfried): Died in Codes/Advanced to Third Reading Calendar (2018) 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.