Ensures that the provisions governing liquor licenses are consistent with respect to public interest factors

• Democratic2

◆ The sponsor's argument

Why Kristen Gonzalez says this is needed

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.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.