NY State Senate Bill 2015-S8181

Archive: Last Bill Status - In Senate Committee Rules 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 26, 2016	referred to rules

2015-S8181 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§20-360, 20-361 & 20-369, NYC Ad Cd
Versions Introduced in 2017-2018 Legislative Session:: S476

2015-S8181 (ACTIVE) - Summary

Authorizes the denial of the issuance or renewal of a cabaret license in the city of New York upon the determination of the community board that the licensed premises would have a negative impact on the surrounding community; authorizes the imposition of a fine of up to $10,000 for unlicensed operation of a cabaret or for violations by cabarets; provides for mandatory suspension or revocation of a cabaret license for violations thereof.

2015-S8181 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8181

 TITLE OF BILL :

An act to amend the administrative code of the city of New York, in
relation to the licensing of cabarets

 PURPOSE OF BILL :

Enhances penalties for violations by cabarets in the city of New York

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends Subdivision (a) of Section 20-360 of the
Administrative Code of the City of New York by including language
authorizing the Commissioner of the New York City Department of
Consumer Affairs to impose fines of up to $10,000 for violations of
the cabaret licensing rules by establishments not holding a valid
cabaret license, as well as allows the Commissioner to consider past
violations of this kind in reviewing applications for a new cabaret
license.

Section 2 amends Subdivision (a) of Section 20-361 of the
Administrative Code of the City of New York by adding a new Paragraph
8, which allows for the rejection of an application for a cabaret
license based upon a determination by the pertinent community board

that the issuance or-renewal of a license would have a negative impact
upon the surrounding community of an establishment.

Section 3 amends Subdivision (a) of Section 20-369 of the
Administrative Code of the City of New York by providing that the New
York City Department of Consumer Affairs shall suspend a cabaret
license for a period of sixty days upon a violation of the cabaret
license rules, as well as be authorized to wage a line of up to
$10,000 against the violating establishment and/or its officers,
principals, directors, agents or employees, or its stockholders in the
case of a closely held corporation.

Section 4 establishes the effective date.

 JUSTIFICATION :

New York City establishments holding cabaret licenses are those that
serve food and/or alcohol, as well as offer dancing for patrons within
their walls, e.g., nightclubs throughout the City. It is often the
case that these nightclubs bring a negative impact upon the quality of
life for residents who live in surrounding areas.  Increases in noise
and crime are often reported. For example.  Roosevelt Avenue in Queens
has become a thoroughfare filled with raucous behavior once the night
falls. Making matters worse, many establishments operating as
nightclubs after the sun sets are those who do not possess a requisite
cabaret license that allows dancing on their premises.

While enforcement of the cabaret license rules by the New York City
Department of Consumer Affairs and the New York City Police Department
has been lacking in some neighborhoods, the existing penalties for
violations of these rules are also too low. For instance, many fines
are capped at $1,000 per violation, plausibly lending credit to the
notion that it is cost effective for business owner to risk such a
fine when profits for a night far exceed this occasional 'cost of
doing business.'

This legislation takes a multipronged approach to improving the
current state of the cabaret license rules, by allowing the Department
of Consumer Affairs to issue a line of up to $10,000 upon a cabaret
license holder for each violation of the rules, which may be levied
upon not just a corporate entity, but also officers, directors,
shareholders, agents and employees of a violating business. The
legislation also mandates a license suspension of sixty days for a
violation of the cabaret license rules, which are found in the
Administrative Code of the City of New York. For entities acting as a
cabaret without the requisite license to do so, the legislation would
similarly allow a tine of up to $10,000 against these establishments,
as well as allow the Department to take these violations into account
if the entity later applies for a lawful cabaret license. Finally. the
legislation allows the Department to reject an application for a new
cabaret license or a renewal, if the community board overseeing the
location in which the establishment does business determines that an
issuance would have a negative impact upon the surrounding
neighborhood.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2015-S8181 (ACTIVE) - Bill Text download pdf

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

                                  8181

                            I N  S E N A T E

                             August 26, 2016
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to the licensing of cabarets

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

  Section 1. Subdivision a of section 20-360 of the administrative  code
of the city of New York is amended to read as follows:
  a.  It  shall be unlawful for any person to conduct, maintain or oper-
ate, or engage in the business of conducting, maintaining or  operating,
a  public dance hall, cabaret or catering establishment unless the prem-
ises wherein the same is conducted, maintained or operated are  licensed
in the manner prescribed herein. THE COMMISSIONER SHALL IMPOSE A FINE OF
NOT  MORE  THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION OF THIS SUBDIVI-
SION FOR THE MAINTENANCE OR OPERATION OF A CABARET, AND HE OR SHE  SHALL
CONSIDER  EACH SUCH VIOLATION WHEN DETERMINING WHETHER TO ISSUE OR RENEW
A LICENSE PURSUANT TO THIS SUBCHAPTER.
  S 2. Paragraph 7 of subdivision a of section 20-361 of the administra-
tive code of the city of New York, as renumbered by local law number  34
of  the  city  of New York for the year 1986, is amended and a new para-
graph 8 is added to read as follows:
  7. the applicant, its officers,  principals,  directors,  stockholders
owning more than ten percent of the outstanding stock of the corporation
and  employees thereof at the premises on which the licensed business is
to be conducted have at least three times been proven to be in violation
of the provisions of subchapter one of chapter five  of  this  title  of
this code or of any regulations promulgated thereunder[.];
  8. IN THE CASE OF AN APPLICATION FOR A LICENSE TO MAINTAIN AND OPERATE
A  CABARET  AND  UPON  THIRTY DAYS NOTICE TO THE COMMUNITY BOARD FOR THE
COMMUNITY IN WHICH THE LICENSED PREMISES IS TO  EXIST  OR  EXISTS,  SUCH
COMMUNITY  BOARD DETERMINES THAT THE ISSUANCE OR RENEWAL OF SUCH LICENSE
WOULD HAVE A NEGATIVE IMPACT UPON THE SURROUNDING COMMUNITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16022-02-6

S. 8181                             2

  S 3. Subdivision a of section 20-369 of the administrative code of the
city of New York, as amended by local law number 34 of the city  of  New
York for the year 1986, is amended to read as follows:
  a. The commissioner may suspend or revoke a license for conduct of the
licensee, its officers, principals, directors, agents or employees or in
a  closely  held corporation, stockholders that would constitute grounds
for denying the issuance of renewal of a  license  pursuant  to  section
20-361  of  this [code] SUBCHAPTER.  PROVIDED, HOWEVER, THAT IN THE CASE
OF A CABARET LICENSE, THE COMMISSIONER  SHALL  SUSPEND  OR  REVOKE  SUCH
LICENSE  FOR  A  PERIOD OF NOT LESS THAN SIXTY DAYS AND IMPOSE A FINE OF
NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH INSTANCE OF CONDUCT  OF  THE
LICENSEE,  ITS  OFFICERS, PRINCIPALS, DIRECTORS, AGENTS OR EMPLOYEES, OR
IN A CLOSELY  HELD  CORPORATION,  STOCKHOLDERS,  THAT  WOULD  CONSTITUTE
GROUNDS  FOR DENYING THE ISSUANCE OR RENEWAL OF SUCH LICENSE PURSUANT TO
SECTION 20-361 OF THIS SUBCHAPTER.
  S 4. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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Senate Bill S8181

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2015-S8181 (ACTIVE) - Details

2015-S8181 (ACTIVE) - Summary

2015-S8181 (ACTIVE) - Sponsor Memo

2015-S8181 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8181

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Sponsored By

Jose Peralta

Archive: Last Bill Status - In Senate Committee Rules Committee

2015-S8181 (ACTIVE) - Details

2015-S8181 (ACTIVE) - Summary

2015-S8181 (ACTIVE) - Sponsor Memo

2015-S8181 (ACTIVE) - Bill Text download pdf

Comments