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

                                  1992

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced by M. of A. THIELE -- 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
  providing for summary suspension of a license or permit when operation
  of the licensed premises endangers the health, welfare  or  safety  of
  the community

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

  Section 1. The alcoholic beverage control law is amended by  adding  a
new section 119-a to read as follows:
  S  119-A.  SUMMARY  SUSPENSION  OF A LICENSE OR PERMIT PENDING A FINAL
DETERMINATION. 1. IN ANY  CASE  WHERE  THE  AUTHORITY  RECEIVES  WRITTEN
INFORMATION  FROM THE MAYOR, CHIEF OF POLICE, POLICE COMMISSIONER, SHER-
IFF, OR LOCAL LEGISLATIVE BODY OF ANY CITY, TOWN OR VILLAGE IN WHICH THE
LICENSED PREMISES IN QUESTION ARE LOCATED, WHICH CERTIFIES THAT  CONTIN-
UED  OPERATION  OF  THE  PREMISES PRESENTS A SUBSTANTIAL LIKELIHOOD THAT
DEATH OR SERIOUS PHYSICAL INJURY MAY  RESULT  TO  THE  PUBLIC  FROM  THE
CONTINUED OPERATION OF THE PREMISES, THE AUTHORITY MAY ORDER THE IMMEDI-
ATE  SUSPENSION  OF  SUCH  LICENSE  PENDING A FINAL DETERMINATION IF THE
AUTHORITY DETERMINES THAT BASED UPON THE CERTIFICATION AND THE  AUTHORI-
TY'S  INDEPENDENT  INVESTIGATION, THERE IS CLEAR AND CONVINCING EVIDENCE
THAT THE PUBLIC HEALTH, SAFETY, OR WELFARE IMPERATIVELY  REQUIRES  EMER-
GENCY ACTION, AND INCORPORATES A FINDING TO THAT EFFECT IN ITS ORDER. AT
THE  TIME THE LOCALITY PROVIDES TO THE AUTHORITY A CERTIFICATION REGARD-
ING A LICENSED PREMISE, THAT LOCALITY SHALL  ALSO  SEND,  BY  REGISTERED
MAIL, A COPY OF SUCH CERTIFICATION TO THE LICENSEE. SUCH SUMMARY SUSPEN-
SION  SHALL  BE  EFFECTIVE  ON  THE DATE SPECIFIED IN SUCH ORDER OR UPON
SERVICE OF A CERTIFIED COPY OF SUCH ORDER  ON  THE  LICENSEE,  WHICHEVER
SHALL  BE  LATER,  FOR  A  PERIOD  OF  NO MORE THAN THIRTY DAYS, PENDING
PROCEEDINGS FOR REVOCATION OR OTHER ACTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03218-01-9

              

A. 1992                             2

  2. (A) THE LICENSEE MAY REQUEST A HEARING TO BE CONDUCTED WITHIN THREE
DAYS OF THE  EFFECTIVE  DATE  OF  SUCH  ORDER.  THE  LICENSEE  SHALL  BE
AFFORDED,  AT  SUCH HEARING, THE OPPORTUNITY TO BE HEARD IN PERSON OR BY
COUNSEL IN REFERENCE TO THE SUMMARY SUSPENSION.
  (B)  THE  AUTHORITY SHALL COMMENCE A HEARING PROCEEDING FOR REVOCATION
PURSUANT TO THIS SECTION WITHIN TEN DAYS OF THE EFFECTIVE DATE  OF  SUCH
ORDER.  A COPY OF THE CHARGES AND NOTICE OF PLEADING AND HEARING, PURSU-
ANT TO SECTION ONE HUNDRED NINETEEN OF THIS  ARTICLE,  SHALL  BE  SERVED
UPON THE LICENSEE IN ACCORDANCE WITH THE RULES OF THE AUTHORITY.
  (C)  IF  AFTER  A  HEARING, THE AUTHORITY SUBSEQUENTLY DETERMINES THAT
CONTINUED OPERATION OF THE LICENSED PREMISES POSES NO IMPERATIVE  THREAT
TO  THE PUBLIC HEALTH, SAFETY OR WELFARE, THEN THE AUTHORITY SHALL WITH-
DRAW SUCH SUMMARY SUSPENSION ORDER AND ALLOW OPERATION OF SUCH  PREMISES
TO CONTINUE PENDING A FINAL DETERMINATION ON THE MERITS.
  3.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
THE AUTHORITY MAY PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECES-
SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect immediately.