Assembly Bill A6857A

Signed By Governor
2015-2016 Legislative Session

Relates to definition of "for cause" in instances of revocation of licenses

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Sponsored By

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

co-Sponsors

2015-A6857 - Details

See Senate Version of this Bill:
S4085
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §118, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A7816, S5751

2015-A6857 - Summary

Relates to adding to definition of "for cause" in instances of revocation of licenses.

2015-A6857 - Bill Text download pdf 

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

                                  6857

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2015
                               ___________

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

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  definition of "for cause" revocation of licenses

  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 SECTION, THE TERM "FOR CAUSE" SHALL ALSO INCLUDE
DELIBERATELY MISLEADING THE AUTHORITY ON THE NATURE OF THE  BUSINESS  TO
BE OPERATED ON THE LICENSED PREMISES OR CHANGING THE NATURE OF THE BUSI-
NESS  AT  THE  LICENSED  PREMISES DURING THE LICENSING PERIOD AND DELIB-
ERATELY MISLEADING THE AUTHORITY BY FAILING TO SEEK PRIOR APPROVAL  FROM
THE AUTHORITY.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03948-02-5

co-Sponsors

2015-A6857A (ACTIVE) - Details

See Senate Version of this Bill:
S4085
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §118, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A7816, S5751

2015-A6857A (ACTIVE) - Summary

Relates to adding to definition of "for cause" in instances of revocation of licenses.

2015-A6857A (ACTIVE) - Bill Text download pdf 

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

                                 6857--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2015
                               ___________

Introduced  by  M.  of A. CRESPO, SEPULVEDA -- read once and referred to
  the Committee on Economic Development -- recommitted to the  Committee
  on  Economic Development in accordance with Assembly Rule 3, sec. 2 --
  reported  and  referred  to  the  Committee  on  Codes  --   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 the
  definition of "for cause" revocation of licenses

  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)  (I)  AS  USED  IN  THIS  SECTION, THE TERM "FOR CAUSE" SHALL ALSO
INCLUDE, FOR LICENSEES THAT SELL ALCOHOLIC  BEVERAGES  FOR  ON  PREMISES
CONSUMPTION, DELIBERATELY MISLEADING THE AUTHORITY:
  (A)  AS  TO THE NATURE AND CHARACTER OF THE BUSINESS TO BE OPERATED ON
THE LICENSED PREMISES; OR
  (B) BY SUBSTANTIALLY ALTERING THE NATURE OR CHARACTER OF SUCH BUSINESS
AT THE LICENSED PREMISES DURING THE  LICENSING  PERIOD  WITHOUT  SEEKING
APPROPRIATE APPROVALS FROM THE AUTHORITY.
  (II) AS USED IN THIS SUBDIVISION, THE TERM "SUBSTANTIALLY ALTERING THE
NATURE  OR CHARACTER" OF SUCH BUSINESS SHALL MEAN ANY SIGNIFICANT ALTER-
ATION IN THE SCOPE OF BUSINESS ACTIVITIES CONDUCTED AT A LICENSED  PREM-
ISES THAT WOULD REQUIRE OBTAINING AN ALTERNATE FORM OF LICENSE.
  S 2. This act shall take effect immediately.

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

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