KNOW
THE
LAW
90
BEVERAGE MEDIA
May 2013
goods are set aside for new customers and
that prior conduct was not illegal. The
Chairman stated that under the correct
circumstances, a wholesaler can allocate
more goods to one distribution channel
than the other, e.g., 70% of the available
goods to on-premise licensees and 30%
to off. However, there should never be
improper discrimination within a chan-
nel. Each wholesaler must notify the
wholesale bureau of its method of alloca-
tion for each allocated product and must
be prepared to defend that method.
The entire meeting has been placed on the
SLA website at
.
com/MediaPlayer.php?view_id=2&clip_
id=543.
New Procedures For
500-Foot Hearings
W
here there is an application for
a license under sections 64 (On
premise Liquor license) and
sections 64-a (Special license to sell li-
quor for on premise consumption), 64-b
(Bottle club license), 64-c (restaurant-
brewer license) and 64-d (Caberet
license) and three or more premises li-
censed under one or more of the named
sections already exist within 500 feet,
the SLA must hold a hearing on notice
to the municipality or community board
to determine if issuing such a license is
in the public interest, convenience and
advantage.
The authority may consider any or all
of the following in determining whether
to grant licenses and permits for the sale
of alcoholic beverages at a particular unli-
censed location:
(a) The number, classes and character
of licenses in proximity to the location.
(b) Evidence that all necessary licens-
es and permits have been obtained.
(c) Effect of the grant of the license
on vehicular traffic and parking.
(d) The existing noise level at the
location and any increase that would be
generated by the proposed premises.
(e) The history of liquor violations
and reported criminal activity at the pro-
posed premises.
(f) Any other factors relevant to deter-
mine the public convenience and advan-
tage and public interest of the community.
  At a meeting of the full board held on
March 12
th
, 2013, the Chairman advised
all attorneys and applicants that in all
500-foot hearing matters, the Authority
requires a written submission to the Ad-
ministrative Law Judge explaining how
the application meets all of the statutory
criteria. While appearance at the hearing
is optional, the written statement is man-
datory. Moreover, the Chairman warned
that pro-forma statements will not be
sufficient. Each submission should be ad-
dressed to the facts and circumstances of
the application.
(f) Notwithstanding the provisions
of paragraph (b) of this subdivision, the
authority may issue a license pursuant to
this section for a premises which shall be
within 500 feet of three or more exist-
ing premises licensed and operating pur-
suant to this section and sections 64-a,
64-b, 64-c, and/or 64d of this article if,
after consultation with the municipality
or community board, it determines that
granting such license would be in the
public interest.
The authority may issue a license if,
after consultation with the municipality
or community board, it determines that
granting such license would be in the
public interest. Before it may issue any
such license, the authority shall conduct a
hearing, upon notice to the applicant and
the municipality or community board,
and shall state and file in its office its rea-
sons therefore. Notice to the municipality
or community board shall mean written
notice mailed by the authority to such
municipality or community board at least
15 days in advance of any hearing sched-
uled pursuant to this paragraph. Upon the
request of the authority, any municipality
or community board may waive the fif-
teen day notice requirement. No premises
having been granted a license pursuant to
this section shall be denied a renewal of
such license upon the grounds that such
premises are within 500 feet of a building
or buildings wherein three or more prem-
ises are licensed and operating pursuant to
this section and sections 64-a, 64-b, 64-c,
and/or 64-d of this article.
Keven Danow is an attorney representing members
of all three tiers of the beverage alcohol industry and
member of the firm of Danow, McMullan & Panoff, P.C.
275 Madison Ave, NY, NY 10022. t/ 212-370-3744, e/
One-Stop Shop
Up & Running
N
ew York’s alcoholic beverage
producers now have a single
point of government contact
which may be used for assistance
with regulations, licensing, state in-
centives and related issues. The “one-
stop shop” is an outgrowth of Gover-
nor Cuomo's Wine, Beer and Spirits
Summit held in October 2012. Each
agency with jurisdiction over a por-
tion of the industry has been directed
to designate staff members who will
coordinate and respond to inquiries,
host educational programs and help
resolve problems.
The one-stop shop website can
be found at
-
BeverageBiz/permitsIncentives.html.
It contains links to details about the
summit, permits and incentives, fre-
quently asked questions, tourism re-
sources and contact information. It
also contains links to other New York
State web pages such as Empire State
Development.
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