S T A T E O F N E W Y O R K
________________________________________________________________________
4446--A
Cal. No. 932
2015-2016 Regular Sessions
I N S E N A T E
March 20, 2015
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Introduced by Sens. BOYLE, AMEDORE, CROCI, MARCHIONE, RANZENHOFER,
ROBACH, SERRANO, SEWARD -- 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 report, amended on first report, ordered to a second report and
ordered reprinted, retaining its place in the order of second report
AN ACT to amend the alcoholic beverage control law, in relation to
limiting the authority of the state liquor authority to penalize
licensees based on perceived violations of the laws of other states,
unless the conduct in question amounts to an independent violation of
the alcoholic beverage control law or has resulted in a criminal
conviction in another state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 17 of the alcoholic beverage
control law, as amended by section 2 of chapter 355 of the laws of 2013,
is amended to read as follows:
3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter,
PROVIDED, HOWEVER, THAT THE LIQUOR AUTHORITY SHALL NOT HAVE THE POWER TO
REVOKE, CANCEL OR SUSPEND ANY LICENSE OR IMPOSE ANY CIVIL PENALTY
AGAINST ANY HOLDER OF A LICENSE OR PERMIT BASED UPON CONDUCT OUTSIDE NEW
YORK, OR VIOLATIONS OF ANOTHER STATE'S LAW, UNLESS, FOLLOWING DUE PROC-
ESS OF LAW, INCLUDING, BUT NOT LIMITED TO A FULL OPPORTUNITY TO BE HEARD
THE AUTHORIZED PUBLIC AGENCY OR OFFICIAL HAVING LAWFUL JURISDICTION
DETERMINES THAT SUCH LICENSEE OR PERMITTEE HAS VIOLATED SUCH STATE'S
LAWS OR REGULATIONS, SUCH DETERMINATION IS FINAL, AND EITHER:
(A) SUCH WRONGFUL CONDUCT INDEPENDENTLY VIOLATES A SPECIFIC PROVISION
OF THIS CHAPTER; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09265-04-5
S. 4446--A 2
(B) SUCH WRONGFUL CONDUCT, HAD IT OCCURRED WITHIN THIS STATE, WOULD
CONSTITUTE A VIOLATION OF THIS CHAPTER.
Any civil penalty so imposed shall not exceed the sum of ten thousand
dollars as against the holder of any retail permit issued pursuant to
sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of any retail license issued pursuant to
sections [fifty-two,] fifty-three-a, fifty-four, fifty-four-a, fifty-
five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, seventy-six-f, seventy-nine, eighty-one and eighty-one-a
of this chapter, and the sum of thirty thousand dollars as against the
holder of a license issued pursuant to sections fifty-three, seventy-
six, seventy-six-a, and seventy-eight of this chapter, provided that the
civil penalty against the holder of a wholesale license issued pursuant
to section fifty-three of this chapter shall not exceed the sum of ten
thousand dollars where that licensee violates provisions of this chapter
during the course of the sale of beer at retail to a person for consump-
tion at home, and the sum of one hundred thousand dollars as against the
holder of any license issued pursuant to sections fifty-one, sixty-one
and sixty-two of this chapter. Any civil penalty so imposed shall be in
addition to and separate and apart from the terms and provisions of the
bond required pursuant to section one hundred twelve of this chapter.
Provided that no appeal is pending on the imposition of such civil
penalty, in the event such civil penalty imposed by the division remains
unpaid, in whole or in part, more than forty-five days after written
demand for payment has been sent by first class mail to the address of
the licensed premises, a notice of impending default judgment shall be
sent by first class mail to the licensed premises and by first class
mail to the last known home address of the person who signed the most
recent license application. The notice of impending default judgment
shall advise the licensee: (a) that a civil penalty was imposed on the
licensee; (b) the date the penalty was imposed; (c) the amount of the
civil penalty; (d) the amount of the civil penalty that remains unpaid
as of the date of the notice; (e) the violations for which the civil
penalty was imposed; and (f) that a judgment by default will be entered
in the supreme court of the county in which the licensed premises are
located, or other court of civil jurisdiction or any other place
provided for the entry of civil judgments within the state of New York
unless the division receives full payment of all civil penalties due
within twenty days of the date of the notice of impending default judg-
ment. If full payment shall not have been received by the division with-
in thirty days of mailing of the notice of impending default judgment,
the division shall proceed to enter with such court a statement of the
default judgment containing the amount of the penalty or penalties
remaining due and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall have the
full force and effect of a default judgment duly docketed with such
court pursuant to the civil practice law and rules and shall in all
respects be governed by that chapter and may be enforced in the same
manner and with the same effect as that provided by law in respect to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
S 2. Subdivision 3 of section 17 of the alcoholic beverage control
law, as amended by section 3 of chapter 355 of the laws of 2013, is
amended to read as follows:
S. 4446--A 3
3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter,
PROVIDED, HOWEVER, THAT THE LIQUOR AUTHORITY SHALL NOT HAVE THE POWER TO
REVOKE, CANCEL OR SUSPEND ANY LICENSE OR IMPOSE ANY CIVIL PENALTY
AGAINST ANY HOLDER OF A LICENSE OR PERMIT BASED UPON CONDUCT OUTSIDE NEW
YORK, OR VIOLATIONS OF ANOTHER STATE'S LAW, UNLESS, FOLLOWING DUE PROC-
ESS OF LAW, INCLUDING, BUT NOT LIMITED TO A FULL OPPORTUNITY TO BE HEARD
THE AUTHORIZED PUBLIC AGENCY OR OFFICIAL HAVING LAWFUL JURISDICTION
DETERMINES THAT SUCH LICENSEE OR PERMITTEE HAS VIOLATED SUCH STATE'S
LAWS OR REGULATIONS, SUCH DETERMINATION IS FINAL, AND EITHER:
(A) SUCH WRONGFUL CONDUCT INDEPENDENTLY VIOLATES A SPECIFIC PROVISION
OF THIS CHAPTER; OR
(B) SUCH WRONGFUL CONDUCT, HAD IT OCCURRED WITHIN THIS STATE, WOULD
CONSTITUTE A VIOLATION OF THIS CHAPTER.
Any civil penalty so imposed shall not exceed the sum of ten thousand
dollars as against the holder of any retail permit issued pursuant to
sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of any retail license issued pursuant to
sections [fifty-two,] fifty-three-a, fifty-four, fifty-four-a, fifty-
five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and eighty-one-a
of this chapter, and the sum of thirty thousand dollars as against the
holder of a license issued pursuant to sections fifty-three, seventy-
six, seventy-six-a and seventy-eight of this chapter, provided that the
civil penalty against the holder of a wholesale license issued pursuant
to section fifty-three of this chapter shall not exceed the sum of ten
thousand dollars where that licensee violates provisions of this chapter
during the course of the sale of beer at retail to a person for consump-
tion at home, and the sum of one hundred thousand dollars as against the
holder of any license issued pursuant to sections fifty-one, sixty-one
and sixty-two of this chapter. Any civil penalty so imposed shall be in
addition to and separate and apart from the terms and provisions of the
bond required pursuant to section one hundred twelve of this chapter.
Provided that no appeal is pending on the imposition of such civil
penalty, in the event such civil penalty imposed by the division remains
unpaid, in whole or in part, more than forty-five days after written
demand for payment has been sent by first class mail to the address of
the licensed premises, a notice of impending default judgment shall be
sent by first class mail to the licensed premises and by first class
mail to the last known home address of the person who signed the most
recent license application. The notice of impending default judgment
shall advise the licensee: (a) that a civil penalty was imposed on the
licensee; (b) the date the penalty was imposed; (c) the amount of the
civil penalty; (d) the amount of the civil penalty that remains unpaid
as of the date of the notice; (e) the violations for which the civil
penalty was imposed; and (f) that a judgment by default will be entered
in the supreme court of the county in which the licensed premises are
located, or other court of civil jurisdiction, or any other place
provided for the entry of civil judgments within the state of New York
unless the division receives full payment of all civil penalties due
within twenty days of the date of the notice of impending default judg-
ment. If full payment shall not have been received by the division with-
in thirty days of mailing of the notice of impending default judgment,
the division shall proceed to enter with such court a statement of the
S. 4446--A 4
default judgment containing the amount of the penalty or penalties
remaining due and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall have the
full force and effect of a default judgment duly docketed with such
court pursuant to the civil practice law and rules and shall in all
respects be governed by that chapter and may be enforced in the same
manner and with the same effect as that provided by law in respect to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law; provided that the amendments to subdivision 3 of
section 17 of the alcoholic beverage control law, made by section one of
this act, shall not affect the expiration and reversion of such subdivi-
sion and shall expire and be deemed repealed therewith, when upon such
date section two of this act shall take effect.