NY State Senate Bill 2021-S1665

Senate Bill S1665

2021-2022 Legislative Session

Prohibits the issuance of violations or fines for failure to properly supervise certain premises during the COVID-19 state disaster emergency

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
Jan 14, 2021	referred to investigations and government operations

co-Sponsors

2021-S1665 (ACTIVE) - Details

See Assembly Version of this Bill:: A4639
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control

2021-S1665 (ACTIVE) - Summary

Prohibits the issuance of violations or fines for failure to properly supervise certain premises during the COVID-19 state disaster emergency for violations of Executive Order 202; provides that any other fine issued during the COVID-19 state disaster emergency shall be suspended if after six months the licensee does not have any subsequent violations.

2021-S1665 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1665

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to prohibit the issuance of violations or fines for failure to
properly supervise certain premises during the COVID-19 state disaster
emergency

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits the issuance of violations or fines for failure to properly
supervise certain premises during the COVID-19 state disaster.

 
SUMMARY OF PROVISIONS:

Sections 1 of the bill provides that the State Liquor Authority shall
not issue violations or fines to a licensee for failure to properly
supervise their premises as a result of a violation of an executive
order issued during the duration of the state disaster emergency
declared pursuant to Executive Order No. 202 of 2020, as amended, and

further extended by any subsequent or future executive order, unless
such violation is determined to be committed in intentional or reckless
disregard for the Executive Order.

Any fine issued by the State Liquor Authority to a licensee for such
violation shall be suspended if after six months such licensee does not
have a subsequent violation and complies with the rules set forth in the
license's application requirements.

Any violation issued during the declared emergency against a licensee by
the State Liquor Authority shall not be considered adverse history in
any future proceeding.

Section 2 of the bill provides for an immediate effective date deemed to
have been in full force and effect on and after March 7, 2020.

 
JUSTIFICATION:

The COVID-19 pandemic has dramatically changed the lives of everyone.
Our frontline workforce from essential health care workers, police and
firefighters, EMT personnel and grocery store clerks have all risked
their lives daily to ensure that the citizens of our state are safe and
have the necessities they need. Months into this pandemic, it is clear
that more relief needs to be provided to our small business owners.
Restaurants and taverns have been hit particularly hard.

Not only has it been a confusing time for these establishments, many
have been forced to lay off employees and many have shuttered their
doors for good. Bad Actors aside, these establishments have worked hard
to follow the executive order and the ever-evolving change in rules to
keep their business open. Barely surviving with hopes of making it until
the pandemic is over and business resumes to normal, it is clear more
needs to be done in working with these owners to help them keep their
business open and their staff employed.

It is the intent of this legislation to provide relief for restaurants
and taverns from fines imposed by the State Liquor Authority for failure
to comply with the rules under Executive Order No. 202.  Specifically,
to suspend an existing fine, if after 6 months the establishment has had
no subsequent violation and remains in good standing under the require-
ments set forth in their license application. Furthermore, it is the
intent of this legislation to ensure that such establishment shall not
have a violation that occurred during the pandemic affect their history
in any future proceeding with the State Liquor Authority.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately and deemed to have been in full force and effect on and
after March 7, 2020.

2021-S1665 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1665
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to prohibit the issuance of violations or fines  for  failure  to
   properly supervise certain premises during the COVID-19 state disaster
   emergency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. No violation or fine shall be issued by  the  state  liquor
 authority, or its designee, to a licensee for failure to properly super-
 vise  their  premises  as  a result of a violation of an executive order
 issued during the duration of  the  state  disaster  emergency  declared
 pursuant  to Executive Order No. 202 of 2020, as amended, and as further
 extended by any  subsequent  or  future  executive  order,  unless  such
 violation  is  committed intentionally or recklessly pursuant to a prior
 written lawful order or direction to cease and desist such activities.
   For purposes of this act, it shall be a  presumption  that  the  first
 violation of failure to supervise their premises shall not be determined
 to  be  an  intentional  or  reckless  disregard for the executive order
 unless such violation is established by clear and convincing evidence to
 rebut such presumption.
   Any other fine issued by the state liquor authority to a licensee  for
 a  violation  of  an  executive  order issued during the duration of the
 state disaster emergency declared pursuant to Executive Order No. 202 of
 2020, as amended, and as further extended by any  subsequent  or  future
 executive  order,  shall  be suspended if after six months such licensee
 does not have a subsequent violation of the alcoholic  beverage  control
 law or an executive order issued during the duration of the state disas-
 ter  emergency  declared pursuant to Executive Order No. 202 of 2020, as
 amended, and as further extended by any subsequent or  future  executive

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03937-02-1

 S. 1665                             2
 
 order,  and  is  in compliance with the rules set forth in the license's
 application requirements.
   Any  violation of an executive order issued during the duration of the
 state disaster emergency declared pursuant to Executive Order No. 202 of
 2020, as amended, and as further extended by any  subsequent  or  future
 executive  order,  sustained  against  a  licensee  by  the state liquor
 authority shall not be considered adverse history in any future proceed-
 ing.
   For the purposes of this section, the term  "licensee"  shall  mean  a
 person  or  entity  who holds a license issued pursuant to the alcoholic
 beverage control law to sell alcoholic beverages for consumption on  the
 premises.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 7, 2020.

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Senate Bill S1665

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Sponsored By

Diane J. Savino