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A06134 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6134
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 3, 2023
                                       ___________
 
        Introduced  by M. of A. CLARK -- read once and referred to the Committee
          on Economic Development
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          changing the duration of certain licenses
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 57-a of the  alcoholic  beverage  control  law,  as
     2  added by chapter 504 of the laws of 1975, is amended to read as follows:
     3    §  57-a.  Change  in  duration  of  licenses.  The liquor authority is
     4  authorized to change the periods during which the licenses authorized by
     5  sections fifty-one, fifty-one-a, fifty-three-a,  fifty-four,  fifty-five
     6  and  fifty-five-a  shall  be effective and to establish the commencement
     7  dates, duration and expiration dates  thereof,  provided  that  no  such
     8  license  shall  be effective for a period in excess of three years. When
     9  any change or changes are made in the duration of any such license,  the
    10  license  fee  shall be equal to the annual license fee specified in this
    11  article multiplied by the number of years  for  which  such  license  is
    12  issued.   The liquor authority may make such rules as shall be appropri-
    13  ate to carry out the purpose of this section.
    14    § 2. Section 67 of the alcoholic beverage control law, as  amended  by
    15  chapter 703 of the laws of 2022, is amended to read as follows:
    16    §  67.  License  fees,  duration  of  licenses;  fee for part of year.
    17  Effective April first, nineteen hundred  eighty-three,  licenses  issued
    18  pursuant  to  sections  sixty-one,  sixty-two,  sixty-three, sixty-four,
    19  sixty-four-a, sixty-four-b, sixty-four-c and sixty-four-e of this  arti-
    20  cle  shall  be effective for three years at three times that annual fee,
    21  except that, in implementing the purposes of this  section,  the  liquor
    22  authority shall schedule the commencement dates, duration and expiration
    23  dates  thereof  to provide for an equal cycle of license renewals issued
    24  under each such section through the course of the fiscal year. Effective
    25  December first, nineteen hundred ninety-eight, licenses issued  pursuant
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10441-01-3

        A. 6134                             2
 
     1  to  sections  sixty-four,  sixty-four-a and sixty-four-b of this article
     2  shall be effective for two years at two times that  annual  fee,  except
     3  that, in implementing the purposes of this section, the liquor authority
     4  shall  schedule  the  commencement  dates, duration and expiration dates
     5  thereof to provide for an equal cycle of license renewals  issued  under
     6  each such section through the course of the fiscal year. Notwithstanding
     7  the  foregoing,  commencing  on December first, nineteen hundred ninety-
     8  eight and concluding on July thirty-first, two thousand two, a  licensee
     9  issued  a license pursuant to section sixty-four, sixty-four-a or sixty-
    10  four-b of this article may elect to remit the fee for  such  license  in
    11  equal  annual  installments.  Such  installments  shall  be due on dates
    12  established by the liquor authority and the failure  of  a  licensee  to
    13  have  remitted  such  annual  installments  after  a due date shall be a
    14  violation of this chapter. For licenses issued for less than the  three-
    15  year  licensing  period,  the license fee shall be levied on a pro-rated
    16  basis. The entire license fee shall be due and payable at  the  time  of
    17  application. The liquor authority may make such rules as shall be appro-
    18  priate to carry out the purpose of this section.
    19    § 3. This act shall take effect on the one hundred eightieth day after
    20  it shall have become a law.  Effective immediately, the addition, amend-
    21  ment and/or repeal of any rule or regulation necessary for the implemen-
    22  tation  of  this act on its effective date are authorized to be made and
    23  completed on or before such effective date.
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