S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          512
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Economic Development
       AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
         procedures associated with issuing retail and special retail  licenses
         to sell liquor for on-premises consumption
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subdivision 7 of section 100  of  the  alcoholic  beverage
    2  control  law, as added by chapter 256 of the laws of 1978, is amended to
    3  read as follows:
    4    7. Within ten days after filing a new application to  sell  liquor  at
    5  retail  under  section sixty-three[, sixty-four, sixty-four-a] or sixty-
    6  four-b of this chapter, a notice thereof, in the form prescribed by  the
    7  authority,  shall  be  posted by the applicant in a conspicuous place at
    8  the entrance to the proposed premises. The applicant shall make  reason-
    9  able  efforts  to  insure such notice shall remain posted throughout the
   10  pendency of the application. The  provisions  hereof  shall  apply  only
   11  where  no  retail  liquor  license  has  previously been granted for the
   12  proposed premise  and  shall,  specifically,  not  be  applicable  to  a
   13  proposed  sale  of  an  existing  business engaged in the retail sale of
   14  liquor. The authority may adopt such rules AS it may deem  necessary  to
   15  carry out the purpose of this subdivision.
   16    S  2.  Section 100 of the alcoholic beverage control law is amended by
   17  adding a new subdivision 8 to read as follows:
   18    8. (A) WITHIN TEN DAYS AFTER FILING A NEW APPLICATION TO  SELL  LIQUOR
   19  AT  RETAIL  UNDER  SECTION SIXTY-FOUR OR SIXTY-FOUR-A OF THIS CHAPTER, A
   20  NOTICE THEREOF SHALL BE POSTED BY THE APPLICANT IN A  CONSPICUOUS  PLACE
   21  AT THE ENTRANCE TO THE PROPOSED PREMISES. SAID NOTICE SHALL BE IN A FORM
   22  PRESCRIBED  BY THE AUTHORITY, PROVIDED HOWEVER THAT SAID NOTICE SHALL BE
   23  EITHER PRINTED OR HIGHLIGHTED IN A PINK  INK  OF  A  NEON,  LUMINOUS  OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01133-01-5
       A. 512                              2
    1  FLUORESCENT  VARIETY  (SUCH AS "DAY-GLO" INK).  THE APPLICANT SHALL MAKE
    2  REASONABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED  THROUGHOUT
    3  THE  PENDENCY  OF THE APPLICATION.  ADDITIONALLY, WITHIN TEN DAYS OF THE
    4  APPLICANT'S  RECEIPT OF A WRITTEN REQUEST FROM THE AUTHORITY, THE APPLI-
    5  CANT SHALL RE-POST SUCH NOTICE. THE PROVISIONS OF THIS  PARAGRAPH  SHALL
    6  APPLY  ONLY  WHERE  NO RETAIL LIQUOR LICENSE HAS PREVIOUSLY BEEN GRANTED
    7  FOR THE PROPOSED PREMISES AND SHALL, SPECIFICALLY, NOT BE APPLICABLE  TO
    8  A  PROPOSED  SALE  OF AN EXISTING BUSINESS ENGAGED IN THE RETAIL SALE OF
    9  LIQUOR. THE AUTHORITY MAY ADOPT SUCH RULES AS IT MAY DEEM  NECESSARY  TO
   10  CARRY OUT THE PURPOSE OF THIS PARAGRAPH.
   11    (B)  WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF WRITTEN NOTICE OF A
   12  HEARING SCHEDULED PURSUANT TO SECTION SIXTY-FOUR OR SIXTY-FOUR-A OF THIS
   13  CHAPTER, THE APPLICANT SHALL POST A COPY OF SUCH NOTICE IN A CONSPICUOUS
   14  PLACE AT THE ENTRANCE  TO  THE  PROPOSED  PREMISES.  THIS  NOTICE  SHALL
   15  INCLUDE  IN  CLEAR  AND CONCISE LANGUAGE A STATEMENT OF THE PROPOSED USE
   16  AND CAPACITY OF THE PROPOSED PREMISES. THE APPLICANT SHALL MAKE  REASON-
   17  ABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED UNTIL THE DATE OF
   18  THE  HEARING  OR  PUBLIC MEETING SPECIFIED IN SUCH NOTICE. ADDITIONALLY,
   19  WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF A WRITTEN REQUEST FROM THE
   20  AUTHORITY, THE APPLICANT SHALL RE-POST SUCH NOTICE.  THE  PROVISIONS  OF
   21  THIS  PARAGRAPH  SHALL  APPLY  ONLY  WHERE  NO RETAIL LIQUOR LICENSE HAS
   22  PREVIOUSLY BEEN GRANTED FOR THE PROPOSED  PREMISES  AND  SHALL,  SPECIF-
   23  ICALLY,  NOT  BE  APPLICABLE  TO A PROPOSED SALE OF AN EXISTING BUSINESS
   24  ENGAGED IN THE RETAIL SALE OF LIQUOR. THE AUTHORITY MAY ADOPT SUCH RULES
   25  AS IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSE OF THIS PARAGRAPH.
   26    S 3. This act shall take effect on the ninetieth day  after  it  shall
   27  have become a law and shall apply to all applications made under section
   28  64  or  64-a of the alcoholic beverage control law for a retail license,
   29  or special retail license, to sell liquor  for  on-premises  consumption
   30  that  are  pending before or filed with the state liquor authority on or
   31  after such effective date.   Effective immediately any  rules  or  regu-
   32  lations  necessary or convenient to implement the provisions of this act
   33  are authorized to be promulgated on or before such effective date.