Senate Bill S5529B

Signed By Governor
2013-2014 Legislative Session

Relates to on-premises license or permit for the provision of alcohol by a volunteer firefighters' organization

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Archive: Last Bill Status - Signed by Governor

  • 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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Bill Amendments

2013-S5529 - Details

See Assembly Version of this Bill:
A7618
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §128, add §128-b ABC L

2013-S5529 - Summary

Relates to on-premises license or permit for the provision of alcohol by a volunteer firefighters organization where a police office serving as an officer of such organization.

2013-S5529 - Sponsor Memo

2013-S5529 - Bill Text download pdf 

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

                                  5529

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- 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
  police officers allowed to work in licensed premises

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

  Section 1. Section 128-a of the alcoholic  beverage  control  law,  as
amended  by  chapter  678  of  the  laws  of 2002, is amended to read as
follows:
  S 128-a. Police officers allowed  to  work  in  licensed  premises  in
certain  cases.  1. Notwithstanding any inconsistent provision of law to
the contrary, the authority shall promulgate such rules and  regulations
as  may  be  necessary  to  provide  that it shall not be unlawful for a
police officer employed in this state,  having  written  permission  and
consent  from  his commanding officer, to work in a premises licensed to
sell beer at retail for off-premises consumption  under  section  fifty-
four  of  this chapter or to work solely as a security guard or director
of traffic on the premises of  a  volunteer  firefighters'  organization
licensed  to sell beer and wine at retail pursuant to a temporary permit
for on-premises consumption under section ninety-seven of this chapter.
  2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE  CONTRARY,
THE  AUTHORITY  SHALL  PROMULGATE  SUCH  RULES AND REGULATIONS AS MAY BE
NECESSARY TO PROVIDE THAT IT SHALL NOT BE UNLAWFUL FOR ANY POLICE  OFFI-
CIAL  OR  SUBORDINATE  OF  ANY POLICE DEPARTMENT EMPLOYED IN THIS STATE,
HAVING WRITTEN PERMISSION AND CONSENT FROM HIS  COMMANDING  OFFICER,  TO
SERVE  AS  AN  OFFICER  OF A FIRE COMPANY, FIRE DEPARTMENT, OR VOLUNTEER
FIREFIGHTERS' ORGANIZATION LICENSED TO SELL BEER OR WINE PURSUANT  TO  A
PERMIT ISSUED BY THE AUTHORITY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10948-01-3

2013-S5529A - Details

See Assembly Version of this Bill:
A7618
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §128, add §128-b ABC L

2013-S5529A - Summary

Relates to on-premises license or permit for the provision of alcohol by a volunteer firefighters organization where a police office serving as an officer of such organization.

2013-S5529A - Sponsor Memo

2013-S5529A - Bill Text download pdf 

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

                                 5529--A
    Cal. No. 843

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- reported favorably from said committee, ordered  to
  first  and  second  report,  ordered  to  a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  police officers allowed to work in licensed premises

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

  Section 1. Section 128-a of the alcoholic  beverage  control  law,  as
amended  by  chapter  678  of  the  laws  of 2002, is amended to read as
follows:
  S 128-a. Police officers allowed to work OR SERVE in licensed premises
in certain cases. 1. Notwithstanding any inconsistent provision  of  law
to  the  contrary,  the  authority shall promulgate such rules and regu-
lations as may be necessary to provide that it shall not be unlawful for
a police officer employed in this state, having written  permission  and
consent  from  his commanding officer, to work in a premises licensed to
sell beer at retail for off-premises consumption  under  section  fifty-
four  of  this chapter or to work solely as a security guard or director
of traffic on the premises of  a  volunteer  firefighters'  organization
licensed  to sell beer and wine at retail pursuant to a temporary permit
for on-premises consumption under section ninety-seven of this chapter.
  2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE  CONTRARY,
THE  AUTHORITY  SHALL  PROMULGATE  SUCH  RULES AND REGULATIONS AS MAY BE
NECESSARY TO PROVIDE THAT IT SHALL NOT BE UNLAWFUL FOR ANY POLICE  OFFI-
CIAL  OR  SUBORDINATE  OF  ANY POLICE DEPARTMENT EMPLOYED IN THIS STATE,
HAVING WRITTEN PERMISSION AND CONSENT FROM HIS  COMMANDING  OFFICER,  TO
SERVE  AS  AN  OFFICER  OF A FIRE COMPANY, FIRE DEPARTMENT, OR VOLUNTEER
FIREFIGHTERS' ORGANIZATION HOLDING A LICENSE OR  PERMIT  ISSUED  BY  THE
AUTHORITY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

2013-S5529B (ACTIVE) - Details

See Assembly Version of this Bill:
A7618
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §128, add §128-b ABC L

2013-S5529B (ACTIVE) - Summary

Relates to on-premises license or permit for the provision of alcohol by a volunteer firefighters organization where a police office serving as an officer of such organization.

2013-S5529B (ACTIVE) - Sponsor Memo

2013-S5529B (ACTIVE) - Bill Text download pdf 

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

                                 5529--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- reported favorably from said committee, ordered  to
  first  and  second  report,  ordered  to  a third reading, amended and
  ordered reprinted, retaining its place in the order of  third  reading
  -- recommitted to the Committee on Investigations and Government Oper-
  ations  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  on-premises license or permit for the provision of alcohol by a volun-
  teer firefighters' organization

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

  Section 1. Subdivision 1 of section  128  of  the  alcoholic  beverage
control  law,  as amended by chapter 885 of the laws of 1985, is amended
to read as follows:
  1. Except as otherwise provided in section one hundred  twenty-eight-a
AND  SECTION  ONE  HUNDRED  TWENTY-EIGHT-B  OF THIS ARTICLE, it shall be
unlawful  for  any  police  commissioner,  police  inspector,   captain,
sergeant,  roundsman,  patrolman or other police official or subordinate
of any police department in the state, to be either  directly  or  indi-
rectly  interested  in the manufacture or sale of alcoholic beverages or
to offer for sale, or recommend to any licensee any alcoholic beverages.
A person may not be denied any license granted under the  provisions  of
sections  fifty-four,  fifty-five,  fifty-nine, sixty-three, sixty-four,
seventy-nine, eighty-one, or article seven of this chapter solely on the
grounds of being the spouse of a public servant described in this subdi-
vision. The solicitation or recommendation  made  to  any  licensee,  to
purchase  any  alcoholic beverages by any police official or subordinate
as hereinabove described, shall be presumptive evidence of the  interest

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10948-07-4

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