Assembly Bill A10248

Vetoed By Governor
2015-2016 Legislative Session

Relates to clarifying the basis upon which the state liquor authority has the authority to revoke, suspend or cancel a license or permit

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Archive: Last Bill Status - Vetoed by Governor

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

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2015-A10248 (ACTIVE) - Details

See Senate Version of this Bill:
S7728
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง118, ABC L

2015-A10248 (ACTIVE) - Summary

Relates to clarifying the basis upon which the state liquor authority has the authority to revoke, suspend or cancel a license or permit by excluding perceived violations of the laws of other states unless the conduct falls within certain exceptions and established standards in statute for the delivery of beverage alcohol.

2015-A10248 (ACTIVE) - Bill Text download pdf 

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

                                  10248

                          I N  A S S E M B L Y

                              May 18, 2016
                               ___________

Introduced  by M. of A. STECK -- read once and referred to the Committee
  on Economic Development

AN ACT to amend the alcoholic beverage control law, in relation to clar-
  ifying the basis upon which the state liquor authority has the author-
  ity to revoke, suspend or cancel a  license  or  permit  by  excluding
  perceived  violations  of  the laws of other states unless the conduct
  falls within certain exceptions and establishes standards  in  statute
  for the delivery of alcoholic beverage

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

  Section 1. 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. (A) As used in this  section,  the  term  "for  cause"  shall  also
include  the  existence  of a sustained and continuing pattern of noise,
disturbance, misconduct, or disorder on or about the licensed  premises,
related  to the operation of the premises or the conduct of its patrons,
which adversely affects the health, welfare or safety of the inhabitants
of the area in which such licensed premises are located.
  (B) AS USED IN THIS CHAPTER, THE TERM "FOR CAUSE"  SHALL  NOT  INCLUDE
CONDUCT  BY A LICENSEE OUTSIDE NEW YORK OR VIOLATIONS OF ANOTHER STATE'S
LAWS OR REGULATIONS UNLESS:
  (I) SUCH CONDUCT INDEPENDENTLY VIOLATES A SPECIFIC PROVISION  OF  THIS
CHAPTER;
  (II)  THE  LICENSEE  OR  PERMITTEE  IS  FOUND GUILTY BY AUTHORITIES IN
ANOTHER STATE OF VIOLATING SUCH STATE'S LAWS FOR HAVING ENGAGED IN  SUCH
CONDUCT PROVIDED THAT DUE PROCESS OF LAW, INCLUDING AN OPPORTUNITY TO BE
HEARD AND PRESENT EVIDENCE, HAS BEEN PROVIDED TO THE LICENSEE OR PERMIT-
TEE BY AUTHORITIES OF COMPETENT JURISDICTION IN SUCH OTHER STATE;
  (III)  THE  OTHER  STATE  NOTIFIES THE LICENSEE THAT SUCH CONDUCT IS A
VIOLATION OF THAT STATE'S LAW  AND,  AFTER  HAVING  REQUESTED  THAT  THE
LICENSEE  CEASE  AND  DESIST FROM ENGAGING IN SUCH CONDUCT, THE LICENSEE
KNOWINGLY AND REPEATEDLY CONTINUES TO ENGAGE  IN  SUCH  CONDUCT  IN  THE
OTHER STATE;

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

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