BILL NUMBER: S7407
SPONSOR: GONZALEZ
 
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. 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 poten-
tial problems associated 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 follow-
ing 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 partic-
ular 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 in proximity to the Location;(d),the existing noise
level at the location and any increase in noise Level that the proposed
premises would generate;(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 commu-
nity.This Legislative grant of power had the effect of over-ruling the
decision 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 conven-
ience and advantage and the public interest would be promoted by the
grant of a cabaret liquor license. Amendment of ABC Law § 64 (restau-
rant), 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 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.
 
LEGISLATIVE HISTORY:
2024: A3231 third reading
2022: A3143 (Epstein) / S 3117 (Kavanagh) - On Assembly Calendar 116 /
Senate Commerce, Economic Development and Small Business
2021: A3143 (Epstein) / S 3117 (Kavanagh) - On Assembly Calendar 298 /
Senate Commerce, Economic Development and Small Business
2015: S197/A5682 - REFERRED TO RULES/ passed assembly
 
FISCAL IMPLICATIONS:
None.
 
LOCAL FISCAL IMPLICATIONS:
None.

Statutes affected:
S7407: 64 alcoholic beverage control law, 64(6-a) alcoholic beverage control law, 64-a alcoholic beverage control law, 64-b alcoholic beverage control law, 64-c alcoholic beverage control law, 64(7) alcoholic beverage control law, 64-a(7) alcoholic beverage control law, 64-b(5) alcoholic beverage control law, 64-c(11) alcoholic beverage control law