Prohibits the state liquor authority from conditioning a liquor license based on a cabaret law that has been repealed by a local jurisdiction or social practice or behavior otherwise allowed and not prohibited or banned by state or local law.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9393
SPONSOR: Chandler-Waterman
 
TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
prohibiting the state liquor authority from conditioning a liquor
license based on a cabaret law that has been repealed by a local juris-
diction
 
PURPOSE OR GENERAL IDEA OF BILL:
Prohibits the state liquor authority from conditioning a liquor license
based on a cabaret law that has been repealed by a local jurisdiction.
 
SUMMARY OF PROVISIONS:
Section 1. Section 114 of the alcoholic beverage control law is amended
by adding a new subdivision 7 to read as follows: The liquor authority
shall not deny an application for a license or for renewal of a license
pursuant to the provisions of this chapter, or impose a condition on the
issuance of such license, including requiring the applicant to apply for
a cabaret license, based upon a cabaret law that has been repealed by a
local jurisdiction or where local zoning laws do not specifically
prohibit dancing or music, or require issuance of a permit to allow such
activity.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
 
JUSTIFICATION:
Prohibition of Conditioning Liquor Licenses: The bill prohibits the
state liquor authority from denying an application for a liquor license
or imposing conditions on its issuance based on a cabaret law. In summa-
ry, this bill seeks to ensure fair treatment and consistency in the
issuance of liquor licenses, regardless of cabaret-related regulations.
 
PRIOR LEGISLATIVE HISTORY:
2019-2020:A11006
2021-2022: A1469
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9393
IN ASSEMBLY
March 6, 2024
___________
Introduced by M. of A. CHANDLER-WATERMAN -- read once and referred to
the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
prohibiting the state liquor authority from conditioning a liquor
license based on a cabaret law that has been repealed by a local
jurisdiction
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 114 of the alcoholic beverage control law is
2 amended by adding a new subdivision 7 to read as follows:
3 7. The liquor authority shall not deny an application for a license or
4 for renewal of a license pursuant to the provisions of this chapter, or
5 impose a condition on the issuance of such license, including requiring
6 the applicant to apply for a cabaret license, based upon a cabaret law
7 that has been repealed by a local jurisdiction or where local zoning
8 laws do not specifically prohibit dancing or music, or require issuance
9 of a permit to allow such activity.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07767-01-3