Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2010 |
referred to mental health and developmental disabilities |
Feb 09, 2009 |
referred to mental health and developmental disabilities |
Senate Bill S1900
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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
Actions
2009-S1900 (ACTIVE) - Details
- Current Committee:
- Senate Mental Health And Developmental Disabilities
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd §§65 & 118, ABC L; amd §1607, Tax L
2009-S1900 (ACTIVE) - Summary
Relates to mandatory license suspensions for repeat violations of the sale of alcoholic beverages to persons under the age of twenty-one; establishes a system whereby such retail dealers are assigned points for each finding of sale to an underage person with the accumulation of three points resulting in the suspension of the licensee's license for a period of six months; further requires such points to remain on the licensee's record for thirty-six months.
2009-S1900 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1900 TITLE OF BILL : An act to amend the alcoholic beverage control law and the tax law, in relation to mandatory license suspensions for repeat violations of the sale of alcoholic beverages to persons under the age of twenty-one PURPOSE OR GENERAL IDEA OF BILL : This legislation creates an incentive to have individuals who sell alcohol trained in alcohol awareness and the laws related to the sale of alcohol. The legislation would also subject liquor license holders to suspension or revocation for violations of the alcoholic beverage control law with respect to unlawful sale to persons under twenty-one years of age. SUMMARY OF SPECIFIC PROVISIONS : The legislation amends subdivision 6 of section 65 of the alcoholic beverage control law by mandating the suspension and/or revocation of a liquor license for violations related to the sale of alcoholic beverages to persons under the age of twenty-one years. The legislation amends section 118 of the alcoholic beverage control law by establishing a system whereby points would be assessed to a licensee for violations of section 65 of the alcoholic beverage control law based on whether the licensee or his/her employee had
2009-S1900 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1900 2009-2010 Regular Sessions I N S E N A T E February 9, 2009 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the alcoholic beverage control law and the tax law, in relation to mandatory license suspensions for repeat violations of the sale of alcoholic beverages to persons under the age of twenty-one THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 65 of the alcoholic beverage control law, as amended by chapter 481 of the laws of 1999, is amended to read as follows: 6. In any proceeding pursuant to section one hundred eighteen of this chapter to revoke, cancel or suspend a license to sell alcoholic bever- ages at retail, in which proceeding it is alleged that a person violated subdivision one of this section, it shall be an affirmative defense that at the time of such violation such person who committed such alleged violation held a valid certificate of completion or renewal from an entity authorized to give and administer an alcohol training awareness program pursuant to subdivision twelve of section seventeen of this chapter. Such licensee shall have diligently implemented and complied with all of the provisions of the approved training program. In such proceeding to revoke, cancel or suspend a license pursuant to section one hundred eighteen of this chapter, the licensee must prove each element of such affirmative defense by a preponderance of the credible evidence. Evidence of [three] TWO unlawful sales of alcoholic beverages by any employee of a licensee to persons under twenty-one years of age, within a two year period, shall be considered by the authority in deter- mining whether the licensee had diligently implemented such an approved program. Such affirmative defense shall not preclude the recovery of the penal sum of a bond as provided in sections one hundred twelve and one hundred eighteen of this chapter. NOTWITHSTANDING THE FOREGOING THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05268-01-9
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