Assembly Bill A1427

2009-2010 Legislative Session

Provides that a community board may suspend a license and require the state liquor authority to institute proceedings against a licensee for disruptive behavior

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A1427 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง119 & 64, ABC L
Versions Introduced in Other Legislative Sessions:
2011-2012: A505
2013-2014: A2807
2015-2016: A4135

2009-A1427 (ACTIVE) - Summary

Provides that a community board of a city having a population of one million or more may suspend the license of a retail licensee and require the state liquor authority to institute proceedings against a retail licensee for disruptive behavior on or about its premises, pending the action of the state liquor authority; provides that the consent of the municipality or community board is necessary to issue an on-premises license within 500 feet of three or more existing on-premises licenses.

2009-A1427 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1427

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Economic Development, Job Creation, Commerce and Industry

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  requiring the liquor authority to hold a hearing upon the action of  a
  borough  board in certain cases of disruptive activities and providing
  for local approval of certain licenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section 119 of the alcoholic beverage
control law, as amended by chapter 83 of the laws of 1995, is amended to
read as follows:
  2. (A) The liquor authority may on its own initiative or on  complaint
of  any  person  institute  proceedings to revoke, cancel or suspend any
retail license and may impose a civil penalty against the licensee after
a hearing at which the licensee shall be  given  an  opportunity  to  be
heard. Such hearing shall be held in such manner and upon such notice as
may be prescribed by the rules of the liquor authority.
  (B)  A  COMMUNITY  BOARD OF A CITY WITH A POPULATION OF ONE MILLION OR
MORE MAY HOLD A HEARING  TO  INVESTIGATE  A  COMPLAINT  OF  "CAUSE",  AS
DEFINED  IN  SUBDIVISION  THREE  OF SECTION ONE HUNDRED EIGHTEEN OF THIS
ARTICLE. IF SUCH COMMUNITY BOARD FINDS SUCH COMPLAINT TO  BE  VALID,  IT
SHALL,  AND IS HEREBY AUTHORIZED TO, SUSPEND THE LICENSE OF THE LICENSEE
PENDING THE OUTCOME OF PROCEEDINGS PURSUANT TO  PARAGRAPH  (A)  OF  THIS
SUBDIVISION AND GIVE NOTICE THEREOF TO THE LIQUOR AUTHORITY.  THE LIQUOR
AUTHORITY   SHALL   THEREUPON  INSTITUTE  PROCEEDINGS  PURSUANT  TO  THE
PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION.
  S 2. Paragraph (f) of subdivision 7 of section  64  of  the  alcoholic
beverage  control law, as amended by chapter 602 of the laws of 1999, is
amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00388-01-9

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