New York Consolidated Laws, Alcoholic Beverage Control Law – ABC § 64. License to sell liquor at retail for consumption on the premises with 500 Foot Law.
Document Category: SLA Statutes and Regulations
500 Foot Law Alcoholic Beverage Control Law Section 64
The 500 Foot Law ABC § 64 in practice creates barriers to obtaining an on-Premises license without an optional time consuming hearing by the SLA Board, absent Community Board Approval.
§ 64-a of Alcoholic Beverage Control Law – Factors to Consider in Granting Liquor License
Factors that may be considered by SLA in granting liquor licenses do not include whether there will be patron dancing, live music, or amplified music
SLA Rule-Making – Regulations at 9-NYCEE and By Advisories
In our view, the acceptable practice is for adminstrative agencies to make rules in the form of a rule making procedure with prior notice and for rules to be promulgated in a regular organized manner as the agencies rules and procedures. The SLA departs from this method and rather seems to make rules in the form of advisories which are irregularly indexed.
New 2024 ABC Amendment Allows Filing of Notice When Filing Application
In 2024, the Alcohol and Beverage Control Law was amended to allow liquor license applicants to provide notice to community boards at the time application is filed with the SLA, easing burden on applicants.
SLA Circus Disco ABCL § 64[6-a]
In 1980, the Court of Appeals held that the SLA exceeded it authority when acting as a zoning authority. Circus Disco v. NYS LIQ AUTH, 51 N.Y.2d 24, 431 N.Y.S.2d 491, 409 N.E.2d 963 (1980). The Legislature apparently responded by adding § 64[6-a]https://codes.findlaw.com/ny/alcoholic-beverage-control-law/abc-sect-64/. There are, however, more fundamental reasons. Parking and traffic are essentially problems… Continue reading SLA Circus Disco ABCL § 64[6-a]