tag:blogger.com,1999:blog-35127482.post6626698793803097196..comments2023-12-18T23:37:53.203-08:00Comments on Save the Lower East Side!: New liquor bill: a washrobhttp://www.blogger.com/profile/10114555618686460805noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-35127482.post-75083736858341965482010-03-14T15:28:43.301-07:002010-03-14T15:28:43.301-07:00S3775 restricts the 500-foot rule, but doesn't...S3775 restricts the 500-foot rule, but doesn't really close a loophole. The language was spread between two sections, allowing confusion that led to abuse. If the SLA had been watchful, it would not have allowed those abuses.<br /><br />S5578 was a needed correction. <br /><br />But those are not this S5577A. The only conflict is in the requirements of the first line and the relaxing of them in the last line. <br /><br />If the first line were "the SLA shall consider all AND ONLY these considerations a-f" there'd be no problem. Or if in the last line "the public interest" were added "as only described above in a-f" there'd be no problem. <br /><br />But, as I mentioned in the post, it is impracticable to list all and only considerations of the public interest. It varies from community to community, context to context.<br /><br />That's why I think the solution will have to be in fine-grained zoning of use groups. The ABC laws can only generalize. This is an area that requires community self-determination, and the closest law-making to that is zoning right now.robhttps://www.blogger.com/profile/07464179798705084025noreply@blogger.comtag:blogger.com,1999:blog-35127482.post-60303372145892211002010-03-14T10:23:18.236-07:002010-03-14T10:23:18.236-07:00Either you should clarify which bill # your analys...Either you should clarify which bill # your analysis refers to, or you should include ALL of it because there seems to be conflicting information here.<br /><br />Senate # S5577A which passed by a vote of 59-0 DOES clarify Community in more specific terms.<br /><br />S3775 Squadron/A7364 Millman, closes a loophole in the 200-foot and 500-foot laws. <br /><br />In September 2009, S5578 Squadron/A8518 Schimminger was signed into law, clarifying that the State Liquor Authority should not count restaurants, taverns and other nightlife establishments as distinct categories when considering whether the 500-foot law applies.<br /><br />Below is the text of a release from Sen. Squadron's office of last Wednesday:<br /><br />For the first time, the bill will require the State Liquor Authority to consider applicants’ history with Community Boards and make consistent the factors that the SLA takes into account for all applications where the 500-foot rule applies. The bill is sponsored by Assembly Member Robin Schimminger in the Assembly. If it becomes law, the bill will create clear, consistent, and enforceable standards that communities and applicants can rely on.<br /><br />Currently, under the 500-foot law, the State Liquor Authority must hold a public hearing and consider the public interest when deciding whether to grant a liquor license to a new establishment within 500 feet of three existing establishments, but is not required to consider specific standards. Senator Squadron’s bill makes the standards consistent and no longer optional, and adds two factors for consideration: the applicants’ history with Community Boards, as well as fire and building code violations. <br /><br />Senator Squadron said, “Without knowing what is meant by public benefit, the entire public suffers. This bill makes community engagement more substantive, and encourages a strong working relationship between establishments and neighborhoods. It is another step toward making our nightlife laws clearer and fairer for everyone involved.” <br /><br /> <br /><br />Senator Squadron has passed a series of bills that seek to create clarity and consistency in nightlife laws. Last week, the Senate passed S3775 Squadron/A7364 Millman, which closes a loophole in the 200-foot and 500-foot laws by clarifying that the distance between nightlife establishments and schools or places of worship must be measured from the property line. In September 2009, S5578 Squadron/A8518 Schimminger was signed into law, clarifying that the State Liquor Authority should not count restaurants, taverns and other nightlife establishments as distinct categories when considering whether the 500-foot law applies.Unknownhttps://www.blogger.com/profile/04048010912972086105noreply@blogger.com