NY State Senate Bill 2017-S476

Archive: Last Bill Status - In Senate Committee Cities 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to cities
Jan 04, 2017	referred to cities

2017-S476 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§20-360, 20-361 & 20-369, NYC Ad Cd
Versions Introduced in 2015-2016 Legislative Session:: S8181

2017-S476 (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.

2017-S476 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S476

 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 tines 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 fine 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 fine 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 fine 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 :

2015-2016-S.8181

 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.

2017-S476 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    476
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00130-01-7

 S. 476                              2
 
 COMMUNITY  BOARD DETERMINES THAT THE ISSUANCE OR RENEWAL OF SUCH LICENSE
 WOULD HAVE A NEGATIVE IMPACT UPON THE SURROUNDING COMMUNITY.
   § 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.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S476

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

2017-S476 (ACTIVE) - Details

2017-S476 (ACTIVE) - Summary

2017-S476 (ACTIVE) - Sponsor Memo

2017-S476 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S476

Share this bill

Sponsored By

Jose Peralta

Archive: Last Bill Status - In Senate Committee Cities Committee

2017-S476 (ACTIVE) - Details

2017-S476 (ACTIVE) - Summary

2017-S476 (ACTIVE) - Sponsor Memo

2017-S476 (ACTIVE) - Bill Text download pdf

Comments