A 10995: Ensures that the provisions governing liquor licenses are consistent with respect to public interest factors.

  
  STATE OF NEW YORK ________________________________________________________________________ 10995  IN ASSEMBLY April 15, 2026 ___________ Introduced by M. of A. DE LOS SANTOS -- read once and referred to the Committee on Economic Development 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6-a of section 64 of the alcoholic beverage 2 control law, as added by chapter 670 of the laws of 1993, is amended to 3 read as follows: 4 6-a. The authority may consider [any or] all of the following in 5 determining whether public convenience and advantage and the public 6 interest will be promoted by the granting of licenses and permits for 7 the sale of alcoholic beverages at a particular unlicensed location: 8 (a) [The] the number, classes and character of licenses in proximity 9 to the location and in the particular municipality or subdivision there- 10 of[.]; 11 (b) [Evidence] evidence that all necessary licenses and permits have 12 been obtained from the state and all other governing bodies[.]; 13 (c) [Effect] effect of the grant of the license on vehicular traffic 14 and parking in proximity to the location[.]; 15 (d) [The] the existing noise level at the location and any increase in 16 noise level that would be generated by the proposed premises[.]; 17 (e) [The] the history of liquor violations and reported criminal 18 activity at the proposed premises[.]; 19 (f) history of building and fire violations at any businesses owned 20 and/or operated by the applicant; 21 (g) history of formal communication from the municipality or community 22 board made pursuant to this chapter for businesses owned and/or operated 23 by the applicant; and 24 (h) [Any] any other factors specified by law or regulation that are 25 relevant to determine the public convenience and advantage [and public EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00561-01-5 
 A. 10995 2 1 interest of the community] and necessary to find that the granting of 2 such license shall be in the public interest. 3 § 2. Section 64-a of the alcoholic beverage control law is amended by 4 adding a new subdivision 6-a to read as follows: 5 6-a. The authority may consider all of the following in determining 6 whether public convenience and advantage and the public interest will be 7 promoted by the granting of licenses and permits for the sale of alco- 8 holic beverages at a particular unlicensed location: 9 (a) the number, classes and character of licenses in proximity to the 10 location and in the particular municipality or subdivision thereof; 11 (b) evidence that applicants have secured all necessary licenses and 12 permits from the state and all other governing bodies; 13 (c) the effect that the granting of the license will have on vehicular 14 traffic and parking in the proximity of the location; 15 (d) the existing noise level at the location and any increase in noise 16 level that would be generated by the proposed premises; 17 (e) the history of liquor violations and reported criminal activity at 18 the proposed premises; 19 (f) history of building and fire violations at any businesses owned 20 and/or operated by the applicant; 21 (g) history of formal communication from the municipality or community 22 board made pursuant to this chapter for businesses owned and/or operated 23 by the applicant; and 24 (h) any other factors specified by law or regulation that are relevant 25 to determine the public convenience or advantage and necessary to find 26 that the granting of such license shall be in the public interest. 27 § 3. Section 64-b of the alcoholic beverage control law is amended by 28 adding a new subdivision 4-a to read as follows: 29 4-a. The authority may consider all of the following in determining 30 whether public convenience and advantage and the public interest will be 31 promoted by the granting of licenses and permits for the sale of alco- 32 holic beverages at a particular unlicensed location: 33 (a) the number, classes and character of licenses in proximity to the 34 location and in the particular municipality or subdivision thereof; 35 (b) evidence that applicants have secured all necessary licenses and 36 permits from the state and all other governing bodies; 37 (c) the effect that the granting of the license will have on vehicular 38 traffic and parking in the proximity of the location; 39 (d) the existing noise level at the location and any increase in noise 40 level that would be generated by the proposed premises; 41 (e) the history of liquor violations and reported criminal activity at 42 the proposed premises; 43 (f) history of building and fire violations at any businesses owned 44 and/or operated by the applicant; 45 (g) history of formal communication from the municipality or community 46 board made pursuant to this chapter for businesses owned and/or operated 47 by the applicant; and 48 (h) any other factors specified by law or regulation that are relevant 49 to determine the public convenience or advantage and necessary to find 50 that the granting of such license shall be in the public interest. 51 § 4. Section 64-c of the alcoholic beverage control law is amended by 52 adding a new subdivision 10-a to read as follows: 53 10-a. The authority may consider all of the following in determining 54 whether public convenience and advantage and the public interest will be 55 promoted by the granting of licenses and permits for the sale of alco- 56 holic beverages at a particular unlicensed location: 
 A. 10995 3 1 (a) the number, classes and character of licenses in proximity to the 2 location and in the particular municipality or subdivision thereof; 3 (b) evidence that applicants have secured all necessary licenses and 4 permits from the state and all other governing bodies; 5 (c) the effect that the granting of the license will have on vehicular 6 traffic and parking in the proximity of the location; 7 (d) the existing noise level at the location and any increase in noise 8 level that would be generated by the proposed premises; 9 (e) the history of liquor violations and reported criminal activity at 10 the proposed premises; 11 (f) history of building and fire violations at any businesses owned 12 and/or operated by the applicant; 13 (g) history of formal communication from the municipality or community 14 board made pursuant to this chapter for businesses owned and/or operated 15 by the applicant; and 16 (h) any other factors specified by law or regulation that are relevant 17 to determine the public convenience or advantage and necessary to find 18 that the granting of such license shall be in the public interest. 19 § 5. Paragraph (f) of subdivision 7 of section 64 of the alcoholic 20 beverage control law, as amended by chapter 185 of the laws of 2012, is 21 amended to read as follows: 22 (f) Notwithstanding the provisions of paragraph (b) of this subdivi- 23 sion, the authority may issue a license pursuant to this section for a 24 premises which shall be within five hundred feet of three or more exist- 25 ing premises licensed and operating pursuant to this section and 26 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d 27 of this article if, after consultation with the municipality or communi- 28 ty board, and due consideration of formal communication from the munici- 29 pality or community board, it determines that granting such license 30 would be in the public interest. Before it may issue any such license, 31 the authority shall conduct a hearing, upon notice to the applicant and 32 the municipality or community board, and shall state and file in its 33 office its reasons therefor. The hearing may be rescheduled, adjourned 34 or continued, and the authority shall give notice to the applicant and 35 the municipality or community board of any such rescheduled, adjourned 36 or continued hearing. Before the authority issues any said license, the 37 authority or one or more of the commissioners thereof may, in addition 38 to the hearing required by this paragraph, also conduct a public meeting 39 regarding said license, upon notice to the applicant and the munici- 40 pality or community board. The public meeting may be rescheduled, 41 adjourned or continued, and the authority shall give notice to the 42 applicant and the municipality or community board of any such resched- 43 uled, adjourned or continued public meeting. Notice to the municipality 44 or community board shall mean written notice mailed by the authority to 45 such municipality or community board at least fifteen days in advance of 46 any hearing scheduled pursuant to this paragraph. Upon the request of 47 the authority, any municipality or community board may waive the fifteen 48 day notice requirement. No premises having been granted a license pursu- 49 ant to this section shall be denied a renewal of such license upon the 50 grounds that such premises are within five hundred feet of a building or 51 buildings wherein three or more premises are licensed and operating 52 pursuant to this section and sections sixty-four-a, sixty-four-b, 53 sixty-four-c, and/or sixty-four-d of this article. 54 § 6. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic 55 beverage control law, as amended by chapter 185 of the laws of 2012, is 56 amended to read as follows: 
 A. 10995 4 1 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph 2 (a) of this subdivision, the authority may issue a license pursuant to 3 this section for a premises which shall be within five hundred feet of 4 three or more existing premises licensed and operating pursuant to this 5 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or 6 sixty-four-d of this article if, after consultation with the munici- 7 pality or community board, and due consideration of formal communication 8 from the municipality or community board, it determines that granting 9 such license would be in the public interest. Before it may issue any 10 such license, the authority shall conduct a hearing, upon notice to the 11 applicant and the municipality or community board, and shall state and 12 file in its office its reasons therefor. Notice to the municipality or 13 community board shall mean written notice mailed by the authority to 14 such municipality or community board at least fifteen days in advance of 15 any hearing scheduled pursuant to this paragraph. Upon the request of 16 the authority, any municipality or community board may waive the fifteen 17 day notice requirement. The hearing may be rescheduled, adjourned or 18 continued, and the authority shall give notice to the applicant and the 19 municipality or community board of any such rescheduled, adjourned or 20 continued hearing. Before the authority issues any said license, the 21 authority or one or more of the commissioners thereof may, in addition 22 to the hearing required by this paragraph, also conduct a public meeting 23 regarding said license, upon notice to the applicant and the munici- 24 pality or community board. The public meeting may be rescheduled, 25 adjourned or continued, and the authority shall give notice to the 26 applicant and the municipality or community board of any such resched- 27 uled, adjourned or continued public meeting. No premises having been 28 granted a license pursuant to this section shall be denied a renewal of 29 such license upon the grounds that such premises are within five hundred 30 feet of a building or buildings wherein three or more premises are 31 licensed and operating pursuant to this section and sections sixty-four, 32 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article. 33 § 7. Paragraph (c) of subdivision 5 of section 64-b of the alcoholic 34 beverage control law, as amended by chapter 185 of the laws of 2012, is 35 amended to read as follows: 36 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 37 (a) of this subdivision, the authority may issue a license pursuant to 38 this section for a premises which shall be within five hundred feet of 39 three or more existing premises licensed and operating pursuant to this 40 section and sections sixty-four, sixty-four-a, sixty-four-c, and/or 41 sixty-four-d of this article if, after consultation with the munici- 42 pality or community board, and due consideration of formal communication 43 from the municipality or community board, it determines that granting 44 such license would be in the public interest. Before it may issue any 45 such license, the authority shall conduct a hearing, upon notice to the 46 applicant and the municipality or community board, and shall state and 47 file in its office its reasons therefor. The hearing may be rescheduled, 48 adjourned or continued, and the authority shall give notice to the 49 applicant and the municipality or community board of any such resched- 50 uled, adjourned or continued hearing. Before the authority issues any 51 said license, the authority or one or more of the commissioners thereof 52 may, in addition to the hearing required by this paragraph, also conduct 53 a public meeting regarding said license, upon notice to the applicant 54 and the municipality or community board. The public meeting may be 55 rescheduled, adjourned or continued, and the authority shall give notice 56 to the applicant and the municipality or community board of any such 
 A. 10995 5 1 rescheduled, adjourned or continued public meeting. Notice to the muni- 2 cipality or community board shall mean written notice mailed by the 3 authority to such municipality or community board at least fifteen days 4 in advance of any hearing scheduled pursuant to this paragraph. Upon the 5 request of the authority, any municipality or community board may waive 6 the fifteen day notice requirement. No premises having been granted a 7 license pursuant to this section shall be denied a renewal of such 8 license upon the grounds that such premises are within five hundred feet 9 of a building or buildings wherein three or more premises are licensed 10 and operating pursuant to this section and sections sixty-four, sixty- 11 four-a, sixty-four-c, and/or sixty-four-d of this article. 12 § 8. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic 13 beverage control law, as amended by chapter 185 of the laws of 2012, is 14 amended to read as follows: 15 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 16 (a) of this subdivision, the authority may issue a license pursuant to 17 this section for a premises which shall be within five hundred feet of 18 three or more existing premises licensed and operating pursuant to this 19 section and sections sixty-four, sixty-four-a, sixty-four-b and/or 20 sixty-four-d of this article if, after consultation with the munici- 21 pality or community board, and due consideration of formal communication 22 from the municipality or community board, it determines that granting 23 such license would be in the public interest. Before it may issue any 24 such license, the authority shall conduct a hearing, upon notice to the 25 applicant and the municipality or community board, and shall state and 26 file in its office its reasons therefor. The hearing may be rescheduled, 27 adjourned or continued, and the authority shall give notice to the 28 applicant and the municipality or community board of any such resched- 29 uled, adjourned or continued hearing. Before the authority issues any 30 said license, the authority or one or more of the commissioners thereof 31 may, in addition to the hearing required by this paragraph, also conduct 32 a public meeting regarding said license, upon notice to the applicant 33 and the municipality or community board. The public meeting may be 34 rescheduled, adjourned or continued, and the authority shall give notice 35 to the applicant and the municipality or community board of any such 36 rescheduled, adjourned or continued public meeting. Notice to the muni- 37 cipality or community board shall mean written notice mailed by the 38 authority to such municipality or community board at least fifteen days 39 in advance of any hearing scheduled pursuant to this paragraph. Upon the 40 request of the authority, any municipality or community board may waive 41 the fifteen day notice requirement. No premises having been granted a 42 license pursuant to this section shall be denied a renewal of such 43 license upon the grounds that such premises are within five hundred feet 44 of a building or buildings wherein three or more premises are operating 45 and licensed pursuant to this section or sections sixty-four, sixty- 46 four-a, sixty-four-b and/or sixty-four-d of this article. 47 § 9. This act shall take effect immediately.