New 2024 ABC Amendment Allows Filing of Notice When Filing Application

<Updated September, 2025>

In 2024, certain amendments were made  to New York’s Alcoholic Beverage Control Law (which governs the operation of the State Liquor Authority.

As stated by the SLA at https://sla.ny.gov/news/new-york-state-liquor-authority-announces-expansion-options-businesses-liquor-licenses-enacted:

  • Community Notification – Allows applicants to simultaneously apply for a license and notify their municipality, and provides the SLA will not act on the application for 30 days in order to allow time for municipal input in the licensing process.

Notwithstanding this amendment, nearly a year later, the SLA on its web site continues to require 30-days advance notice, and promulgates its notice form “Standardized NOTICE FORM for Providing 30-Day Advance Notice to a Local Municipality or Community Board.”

Even worse, many venues were pressured to sign stipulations with Community Boards agreeing not to file with the SLA without the permission of the Community Board.

As the Greenberg Taurig law firm observed (and hat tip to providing citation to legislation).

  • Submission of Applications During Community Notice Period: The SLA had required that new retail liquor license applicants provide 30 days’ notice to the local community board (in NYC) or municipality (outside of NYC) before submitting applications to the SLA. Pursuant to the amendments, applicants must still provide this notice, but they may submit their applications while the 30-day notice period is pending rather than having to wait at least 30 days. This may allow applicants to shave a few weeks off the application process, which may take 10 months or more for new applications to be processed by the SLA.

The new 2024 amendment may be found at https://www.nysenate.gov/legislation/laws/ABC/110-B and in relevant part states:

  • 1-a. The proof of notification, provided for in subdivisions six and six-a of this section, must be provided at the time of application; failure to so provide shall constitute good cause for denial.
  • 1-b. The authority may not act to approve any application subject to this section prior to the passage of thirty days from the date notification was provided to the municipality.”
ABC Notice to Community Board Requirements Requirement Key Language Link
Before 2024 Amendment Notice to Community Board ≥30 days before license applicant may file with the SLA ABC § 110-b(1): “An applicant shall notify the municipality … at least thirty days before filing …” https://www.nysenate.gov/legislation/laws/ABC/110-B (archived pre-2024 text)
After 2024 Amendment (2024 Budget Bill, Part H) Notice to Community Board may be given the same day as SLA filing; SLA approval may not be given until 30 days after applicant gives notice to the Community Board ABC § 110-b(1-a): [“at least thirty days before filing …” deleted] “Proof … must be provided at the time of application.”
ABC § 110-b(1-b): “The authority may not act … until 30 days from the date notification was provided …”
https://www.nysenate.gov/legislation/laws/ABC/110-B
# Source Requirement Key Language Link
1 SLA – Community Input Applicants may apply and notify at the same time; SLA waits 30 days before acting “Applicants are permitted to apply for a license and notify their municipality at the same time. After the municipality is notified, the SLA will not act on an application for 30 days …” https://sla.ny.gov/community-input
2 SLA – Renew Your License Notice to Community Board ≥30 days before renewal filing “You must notify your Community Board … at least 30 days before filing your renewal application with the SLA.” https://sla.ny.gov/renew-your-license
3 SLA – Change Your License Notice to Community Board ≥30 days before alteration/removal filing “This must be done thirty days before you file the alteration application …” https://sla.ny.gov/change-your-license

Rows 2 and 3 conflict with Row 1. The SLA website, months after the April 2024 amendment to ABC §110-b, still has not been updated—“Renew” and “Change” pages continue to state “≥30 days before filing,” which is no longer the rule under the amended statute.

Notwithstanding this amendment, nearly a year later, the SLA in many places on its web site continues to require 30-days advance notice, and promulgates its notice form “Standardized NOTICE FORM for Providing 30-Day Advance Notice to a Local Municipality or Community Board.”

As the Greenberg Taurig law firm observed (and hat tip to providing citation to legislation).

  • Submission of Applications During Community Notice Period: The SLA had required that new retail liquor license applicants provide 30 days’ notice to the local community board (in NYC) or municipality (outside of NYC) before submitting applications to the SLA. Pursuant to the amendments, applicants must still provide this notice, but they may submit their applications while the 30-day notice period is pending rather than having to wait at least 30 days. This may allow applicants to shave a few weeks off the application process, which may take 10 months or more for new applications to be processed by the SLA.

The new 2024 amendment may be found at https://www.nysenate.gov/legislation/laws/ABC/110-B and in relevant part states:

  • 1-a. The proof of notification, provided for in subdivisions six and six-a of this section, must be provided at the time of application; failure to so provide shall constitute good cause for denial.
  • 1-b. The authority may not act to approve any application subject to this section prior to the passage of thirty days from the date notification was provided to the municipality.”

.

Filename: Amendment-2024-Re-SLA-Notice.pdf