NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1300
SPONSOR: Kavanagh 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 considered 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 §§ 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 of the bill add that before issuing a license with-
in five hundred feet of three or more existing premises licenses, the
SLA will give due consideration of formal communication from the munici-
pality or community.
Section 9 of the bill sets forth the 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 (§ 64-a), bottle clubs (§ 64-b), or restaurant-brew-
er (§ 64-c).
In 1993, Article 5 of the ABC Law provided for essentially three types
of on-premises liquor license: restaurant (§ 64), tavern (§ 64-a), and
bottle club (§ 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
location and in the particular municipality or subdivision thereof;
(b) 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 would be generated by the proposed premises;
(e) the history of liquor violations and reported criminal activity at
the proposed premises; and (0 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-premises liquor
establishment would have on vehicular traffic, parking, and noise levels
was beyond the purview of the SLA. The Court held that those consider-
ations 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 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.
FISCAL IMPACT ON THE STATE:
None.
FISCAL IMPACT ON LOCALITIES:
None.
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:
Creates broader list of factors for the SLA to use in considering vari-
ous applications, as discussed above.
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:
None.
LEGISLATIVE HISTORY:
2016: A05682 (Kavanagh) - Passed Assembly
2015: A05682 (Kavanagh) - Passed Assembly
2014: A02064A (Kavanagh) - On the Floor
2013: A02064 (Kavanagh) - Rules
2012: A10736 (Kavanagh) - Economic Development
2010: A08519A (Schimminger) - Codes
2009: A08519A (Schimminger) - Passed Assembly
2008: A11162 (Schimminger) - Passed Assembly
EFFECTIVE DATE:
This act shall take effect immediately.
