NY State Senate Bill 2023-S4961

Senate Bill S4961

2023-2024 Legislative Session

Provides for penalties for violations of the alcoholic beverage control law, requirements for certain retail licensees for on-premises consumption and labeling of disposable cups and similar to-go containers

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Current 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 03, 2024	referred to investigations and government operations
Feb 17, 2023	referred to investigations and government operations

co-Sponsors

2023-S4961 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §119, add §§106-c & 107-b, ABC L
Versions Introduced in 2021-2022 Legislative Session:: S2850

2023-S4961 (ACTIVE) - Summary

Provides for a fixed schedule of penalties for violations of the alcoholic beverage control law, requirements for certain retail licensees for on-premises consumption and labeling of disposable cups and similar to-go containers containing alcoholic beverages.

2023-S4961 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4961

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
penalties for violations of the alcoholic beverage control law, require-
ments for certain retail licensees for on-premises consumption and
labeling of disposable cups and similar to-go containers

 
PURPOSE:

The purpose of this legislation is to provide retail establishments
licensed to serve alcohol on-premises the opportunity to cure their
violations in a speedy manner and limit their responsibility for
violations to the areas actually under their control.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 119 of the Alcoholic Beverage Control Law to
allow the State Liquor Authority ("SLA") on its own initiative or on a
complaint of a government agency to commence proceedings to revoke,

cancel, or suspend any retail license and impose a civil penalty after a
hearing where the licensee is given an opportunity to be heard. The
hearing must be held within 14 days of notice of the alleged violation.
Additionally, the SLA must establish a fixed civil penalty fee schedule
that must be based on the severity of the violation. The fee schedule
shall be provided to each licensee upon issuance of renewal of the
licensee's license. The SLA may only suspend a license without notice
where the licensee received notice by the SLA or another regulatory
agency within the preceding 30 days that the licensee is in violation of
a provision of the Alcoholic Beverage Control Law or a rule or regu-
lation promulgated thereunder that has been effective no less than 45
days prior to the violation.

Section 2 adds a new Section 106-C to the Alcoholic Beverage Control Law
that, in a city of one million or more, limits the responsibility of
licensed establishments for violations to their indoor premises, their
outdoor sidewalk cafes licensed by the city of New York, and their
outdoor seating areas authorized and inspected by the city of New York.
The licensed establishments are not responsible for violations on parts
of the sidewalk that are considered a right of way or pedestrian clear
path, and open street restaurant areas that are not currently being used
or have not been used by the licensee in the preceding 30 minutes.

Section 3 adds a new Section 107-B to the Alcoholic Beverage Control Law
that requires the SLA to promulgate rules and regulations concerning the
labeling of disposable cups and similar to-go containers of alcoholic
beverages. The rules and regulations shall include, but not be limited
to, a requirement that all licensees for on-premises consumption that
have outdoor licensed space and are within 100 feet of another licensed
premises to have disposable cups that have markings, in font greater
than one inch, that include the name of the licensee's business and the
last four digits of their license number.

Section 4 is the effective date.

 
JUSTIFICATION:

Bars and restaurants are part of the urban landscape in New York City.
They provide jobs to their staff and suppliers, and provide socially-
distant distractions to their customers in these tough times.

Unfortunately, there has been a crackdown on these establishments,
particularly in neighborhoods of color. This hyper-strict enforcement
has led to the closing of, or license suspension of, many local busi-
nesses.

This bill addresses several issues to restore equity to this situation.
It adjusts penalties for violations, sets new requirements for on-site
consumption, and clarifies the role of disposable cups and to-go
containers. It will cure violations in a more expedited manner and limit
the responsibility of owners to the factors they can control.

This bill will provide equity in the engagements between the SLA and all
establishments and ensure that enforcement is reasonable and appropri-
ate.

 
LEGISLATIVE HISTORY:

2021-2022: S.2850 - Referred to Investigations and Government Operations

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to me made and completed
on or before such effective date.

2023-S4961 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4961
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced  by  Sens. JACKSON, COMRIE -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Investigations
   and Government Operations
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   penalties for  violations  of  the  alcoholic  beverage  control  law,
   requirements  for certain retail licensees for on-premises consumption
   and labeling of disposable cups and similar to-go containers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 3 of section 119 of the alcoholic bever-
 age  control  law, subdivision 2 as amended by chapter 83 of the laws of
 1995, and subdivision 3 as amended by chapter 658 of the laws  of  1989,
 are amended and a new subdivision 6 is added to read as follows:
   2.  The  liquor authority may on its own initiative or on complaint of
 [any person] A GOVERNMENT AGENCY institute proceedings to revoke, cancel
 or suspend any retail license and may impose a civil penalty against the
 licensee after a hearing at which the licensee shall be given an  oppor-
 tunity  to  be heard. Such hearing shall be held WITHIN FOURTEEN DAYS OF
 THE ALLEGED VIOLATION OF THE PROVISIONS OF THIS CHAPTER in  such  manner
 and  upon  such  notice  as may be prescribed by the rules of the liquor
 authority.
   3. All other licenses or permits issued  under  this  chapter  may  be
 revoked, cancelled, suspended and/or made subject to the imposition of a
 civil  penalty by the liquor authority after a hearing to be held in the
 manner to be determined by the rules of the liquor authority. THE LIQUOR
 AUTHORITY SHALL ESTABLISH A FIXED CIVIL PENALTY FEE SCHEDULE WHICH SHALL
 BE BASED ON THE SEVERITY OF THE VIOLATION  OF  THE  PROVISIONS  OF  THIS
 CHAPTER.  SUCH  FEE SCHEDULE SHALL BE PROVIDED TO EACH LICENSEE UPON THE
 ISSUANCE  OF  RENEWAL  OF  SUCH  LICENSEE'S  LICENSE  PURSUANT  TO   THE
 PROVISIONS OF THIS CHAPTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07359-01-3
 S. 4961                             2

 
   6.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, THE LIQUOR
 AUTHORITY SHALL ONLY SUSPEND THE LICENSE OF A  LICENSEE  WITHOUT  NOTICE
 WHERE  SUCH  LICENSEE  HAS  RECEIVED  NOTICE BY THE AUTHORITY OR ANOTHER
 REGULATORY AGENCY IN THE PRECEDING THIRTY DAYS THAT SUCH LICENSEE IS  IN
 VIOLATION OF A PROVISION OF THIS CHAPTER OR A RULE OR REGULATION PROMUL-
 GATED  THEREUNDER  WHICH HAS BEEN IN EFFECT NO LESS THAN FORTY-FIVE DAYS
 PRIOR TO SUCH VIOLATION.
   § 2. The alcoholic beverage control law is amended  by  adding  a  new
 section 106-c to read as follows:
   §  106-C.  FRONTAGE  RESPONSIBILITY IN CITIES WITH A POPULATION OF ONE
 MILLION OR MORE. 1. A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION  IN  A
 CITY  WITH A POPULATION OF ONE MILLION OR MORE SHALL ONLY BE RESPONSIBLE
 FOR VIOLATIONS WHICH OCCUR IN LICENSED AREAS.
   2. (A) AS USED IN THIS SECTION, THE TERM "LICENSED AREA" SHALL MEAN:
   (I) INDOOR PREMISES;
   (II) OUTDOOR SIDEWALK CAFES LICENSED BY THE CITY OF NEW YORK; AND
   (III) OUTDOOR SEATING AREAS AUTHORIZED AND INSPECTED BY  THE  CITY  OF
 NEW YORK.
   (B)  AS  USED  IN  THIS  SECTION,  THE  TERM "LICENSED AREA" SHALL NOT
 INCLUDE:
   (I) SIDEWALK SPACE WHICH IS CONSIDERED A RIGHT OF  WAY  OR  PEDESTRIAN
 CLEAR PATH; AND
   (II) OPEN STREET RESTAURANT AREAS THAT ARE NOT CURRENTLY BEING USED OR
 HAVE NOT BEEN USED BY THE LICENSEE IN THE PRECEDING THIRTY MINUTES.
   §  3.  The  alcoholic  beverage control law is amended by adding a new
 section 107-b to read as follows:
   § 107-B. LABELING OF DISPOSABLE  CUPS  AND  SIMILAR  TO-GO  CONTAINERS
 CONTAINING  ALCOHOLIC  BEVERAGES.  THE LIQUOR AUTHORITY SHALL PROMULGATE
 RULES AND REGULATIONS GOVERNING THE  LABELING  OF  DISPOSABLE  CUPS  AND
 SIMILAR  TO-GO CONTAINERS CONTAINING ALCOHOLIC BEVERAGES. SUCH RULES AND
 REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, A REQUIREMENT THAT ALL
 RETAIL LICENSEES FOR ON-PREMISES CONSUMPTION THAT HAVE OUTDOOR  LICENSED
 SPACE  AND  ARE  WITHIN  ONE  HUNDRED  FEET  OF  A LICENSED PREMISES ARE
 REQUIRED TO HAVE DISPOSABLE CUPS THAT HAVE MARKINGS  WHICH  INCLUDE  THE
 NAME OF THE BUSINESS OF THE LICENSEE IN A FONT GREATER THAN ONE INCH AND
 THE LAST FOUR NUMBERS OF THE LICENSEE'S LICENSE NUMBER.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.

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Senate Bill S4961

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Sponsored By

Robert Jackson