Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 26, 2012 |
referred to investigations and government operations |
Senate Bill S7054
2011-2012 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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
2011-S7054 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10405
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd §§113 & 118, ABC L; amd §297-b, RP L
- Versions Introduced in 2013-2014 Legislative Session:
-
S2445, A3690
2011-S7054 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7054 TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to requiring the revocation of the license or permit of any holder which has been found on three or more occasions to have committed violations and prohibiting the issuance of any license or permit, for not less than three years, after the revocation thereof; and to amend the real proper- ty law, in relation to providing for the filing by the state liquor authority of such revocation order PURPOSE: The purpose of this bill is to institute a "three strikes you are out" standard to revoke any license issued pursuant to the alcoholic beverage control law (ABC) including licenses to sell alcoholic beverages for on or off premises consumption. Under current law, there is no bright line standard to automatically revoke a license to sell alcoholic beverages for a premises in which it has been the scene of multiple crimes that seriously endanger the public health, safety or general welfare. This bill will give regulators a tool that they can use to close down estab- lishments that have witnessed three or more violent crimes that have either endangered the patrons of such establishment or the surrounding community. SUMMARY OF PROVISIONS: Section 1: Amends ABC Law section 113 (4) which relates to premises for
2011-S7054 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7054 I N S E N A T E April 26, 2012 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the alcoholic beverage control law, in relation to requiring the revocation of the license or permit of any holder which has been found on three or more occasions to have committed violations and prohibiting the issuance of any license or permit, for not less than three years, after the revocation thereof; and to amend the real property law, in relation to providing for the filing by the state liquor authority of such revocation order THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 113 of the alcoholic beverage control law is amended by adding a new subdivision 4 to read as follows: 4. WHERE THE LIQUOR AUTHORITY HAS ISSUED AN ORDER REVOKING THE LICENSE OR PERMIT FOR ANY PREMISES, FOR A PERIOD OF TWO YEARS AFTER SUCH REVOCA- TION, FOR SUCH LICENSED PREMISES OR FOR ANY PART OF THE BUILDING CONTAINING SUCH LICENSED PREMISES AND CONNECTED THEREWITH, A CERTIFIED COPY OF SUCH ORDER SHALL WITHOUT FEE BE FILED WITH, RECORDED AND INDEXED BY THE CLERK OF THE COUNTY IN WHICH SUCH PREMISES ARE SITUATED AS AN ORDER AFFECTING REAL PROPERTY IN ACCORDANCE WITH SECTION TWO HUNDRED NINETY-SEVEN-B OF THE REAL PROPERTY LAW. S 2. Subdivision 1 of section 118 of the alcoholic beverage control law is amended by adding a new paragraph (c) to read as follows: (C) FOR HAVING BEEN FOUND ON THREE OR MORE SEPARATE OCCASIONS, GUILTY FOR CAUSES OR VIOLATIONS DURING ANY PERIOD OF TWENTY-FOUR CONSECUTIVE MONTHS. S 3. Subdivision 3 of section 118 of the alcoholic beverage control law, as added by chapter 536 of the laws of 1996, is amended to read as follows: 3. As used in this section, the term "for cause" shall also include the existence of a sustained and continuing pattern of noise, disturb- ance, misconduct, or disorder on or about the licensed premises, related to the operation of the premises or the conduct of its patrons, which EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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