Legislation
SECTION 131
New York alcoholic beverage control problem premises task force
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 8
§ 131. New York alcoholic beverage control problem premises task
force. 1. There is hereby created within the authority the New York
alcoholic beverage control problem premises task force (hereinafter
"task force"), which shall consist of employees of the authority as
designated by the members of the authority, provided however, that the
task force shall include at least one investigator from the Albany
office, one investigator from the Buffalo office, and one investigator
from the New York city office.
2. In any case where the authority receives notification from the
mayor, chief of police, police commissioner, sheriff, or local
legislative body of any city, town or village which certifies that
continued operation of an on-premises establishment poses a significant
threat to the public health, safety, or welfare requiring immediate
action, the authority shall assign responsibility for conducting an
investigation concerning such premises to the task force. In the city of
New York, the community board established pursuant to section
twenty-eight hundred of the New York city charter with jurisdiction over
the area in which such premises is located shall be considered the
appropriate local legislative body.
3. Not more than fourteen calendar days after receipt by the authority
of a notification as provided in this section, the task force shall
commence an investigation into the operation of the establishment. The
task force shall complete its investigation and the authority shall
commence a disciplinary hearing proceeding pursuant to this chapter for
revocation or other appropriate action within forty-five calendar days,
unless the task force determines in written findings that no
disciplinary charges are warranted. A copy of any such determination
shall be sent to the mayor, chief of police, police commissioner,
sheriff, or local legislative body of the city, town or village that
filed the notification with the authority. The authority shall notify
the mayor, chief of police, police commissioner, sheriff, or local
legislative body of the city, town or village that filed the
notification to the authority of the final disposition of the
disciplinary proceeding within ten business days of the completion of
this process.
force. 1. There is hereby created within the authority the New York
alcoholic beverage control problem premises task force (hereinafter
"task force"), which shall consist of employees of the authority as
designated by the members of the authority, provided however, that the
task force shall include at least one investigator from the Albany
office, one investigator from the Buffalo office, and one investigator
from the New York city office.
2. In any case where the authority receives notification from the
mayor, chief of police, police commissioner, sheriff, or local
legislative body of any city, town or village which certifies that
continued operation of an on-premises establishment poses a significant
threat to the public health, safety, or welfare requiring immediate
action, the authority shall assign responsibility for conducting an
investigation concerning such premises to the task force. In the city of
New York, the community board established pursuant to section
twenty-eight hundred of the New York city charter with jurisdiction over
the area in which such premises is located shall be considered the
appropriate local legislative body.
3. Not more than fourteen calendar days after receipt by the authority
of a notification as provided in this section, the task force shall
commence an investigation into the operation of the establishment. The
task force shall complete its investigation and the authority shall
commence a disciplinary hearing proceeding pursuant to this chapter for
revocation or other appropriate action within forty-five calendar days,
unless the task force determines in written findings that no
disciplinary charges are warranted. A copy of any such determination
shall be sent to the mayor, chief of police, police commissioner,
sheriff, or local legislative body of the city, town or village that
filed the notification with the authority. The authority shall notify
the mayor, chief of police, police commissioner, sheriff, or local
legislative body of the city, town or village that filed the
notification to the authority of the final disposition of the
disciplinary proceeding within ten business days of the completion of
this process.