senate Bill S4809

Relates to filing of an order imposing against revoked premises a proscription against future licensure

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 27 / Apr / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 02 / Jun / 2011
    • 1ST REPORT CAL.941
  • 06 / Jun / 2011
    • 2ND REPORT CAL.
  • 07 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 31 / May / 2012
    • 1ST REPORT CAL.975
  • 04 / Jun / 2012
    • 2ND REPORT CAL.
  • 05 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Relates to filing of an order imposing against revoked premises a proscription against future licensure.

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Bill Details

See Assembly Version of this Bill:
A5771
Versions:
S4809
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §113, ABC L; amd §297-b, RP L
Versions Introduced in 2009-2010 Legislative Cycle:
A7298, A7298

Votes

6
1
6
Aye
1
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Investigations and Government Operations committee vote details
nay (1)
aye wr (1)

Sponsor Memo

BILL NUMBER:S4809

TITLE OF BILL:
An act
to amend the alcoholic beverage control law and the real property law, in
relation to providing for the filing of a state liquor authority order
imposing against revoked premises a proscription against future
licensure

PURPOSE:
Relates to filing of an order imposing against revoked
premises a proscription against future licensure.

SUMMARY OF PROVISIONS:
Section 1, Section 113 of alcoholic beverage control law is amended by
adding a new subdivision 4 to read as follows: 4. Where the liquor
authority has issued an order revoking the license for any premises
and imposing a prescription refusing the issuance of a license under
this chapter, for a period of two years after such revocation, for
such licensed premises or for any part of the building containing
such licensed premises and connected therewith, or has issued an
order modifying or rescinding a prescription previously imposed, a
certified copy of such order shall without fee be filed with,
recorded and indexed by the clerk of the county in which such
impresses are situated as an order affecting real property in
accordance with section two hundred ninety-seven-b of the real
property law.

JUSTIFICATION:
This legislation is being introduced to require all proscription of
liquor licensees be filled with the county clerk to ensure that
future owners of the property are aware of the liquor licenses ban.
This change will allow for better planning and will provide
businesses with the information they need to open a successful bar
and/or restaurant without unnecessary delay and costs.

This is in response to an incident on Staten Island where a family
converted a local site into a family restaurant. The family was
forced to delay the opening of the eatery when they found out the
property had a two-year liquor license ban imposed because of
several violations by the previous owner. The delayed opening has
resulted in severe financial setbacks for the family and may prevent
opening of the restaurant.

LEGISLATIVE HISTORY:
A.7298 - 2010

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  4809

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 27, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic beverage control law and the real property
  law, in relation to providing for the filing of a state liquor author-
  ity order imposing against revoked  premises  a  proscription  against
  future licensure

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

  Section 1. Section 113  of  the  alcoholic  beverage  control  law  is
amended by adding a new subdivision 4 to read as follows:
  4. WHERE THE LIQUOR AUTHORITY HAS ISSUED AN ORDER REVOKING THE LICENSE
FOR  ANY PREMISES AND IMPOSING A PROSCRIPTION REFUSING THE ISSUANCE OF A
LICENSE UNDER THIS CHAPTER, FOR A PERIOD OF TWO YEARS AFTER SUCH REVOCA-
TION, FOR SUCH LICENSED  PREMISES  OR  FOR  ANY  PART  OF  THE  BUILDING
CONTAINING SUCH LICENSED PREMISES AND CONNECTED THEREWITH, OR HAS ISSUED
AN  ORDER  MODIFYING  OR RESCINDING A PROSCRIPTION PREVIOUSLY IMPOSED, A
CERTIFIED COPY OF SUCH ORDER SHALL WITHOUT FEE BE FILED  WITH,  RECORDED
AND  INDEXED BY THE CLERK OF THE COUNTY IN WHICH SUCH PREMISES ARE SITU-
ATED AS AN ORDER AFFECTING REAL PROPERTY IN ACCORDANCE WITH SECTION  TWO
HUNDRED NINETY-SEVEN-B OF THE REAL PROPERTY LAW.
  S 2. Section 297-b of the real property law, as amended by chapter 311
of the laws of 1964, is amended to read as follows:
  S  297-b.  Recording  of  certified copies of judgments affecting real
property.  When a judgment, final order or decree is rendered by  a  New
York  state court of record or a United States district court OR THE NEW
YORK STATE LIQUOR AUTHORITY affecting the title to or possession, use or
enjoyment of real property, a copy of such judgment,  order  or  decree,
duly  certified by the clerk of the court OR THE SECRETARY TO THE LIQUOR
AUTHORITY wherein said judgment, FINAL ORDER OR DECREE was rendered, may
be recorded in the office of the recording  officer  of  the  county  in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08857-01-1

S. 4809                             2

which such property is situated, in the same manner as a conveyance duly
acknowledged or proved and certified so as to entitle it to be recorded,
and  such  recording  officer  shall  upon  request and on tender of the
lawful fees therefor, record the same in his said office, EXCEPT THAT NO
FEE  SHALL  BE  REQUIRED  IN  CONNECTION  WITH THE FILING, RECORDING AND
INDEXING OF ANY ORDER OF THE LIQUOR AUTHORITY.
  For purposes of recording and indexing such judgment, order or decree,
the prevailing party or parties named therein shall be  deemed  grantees
and all other persons named therein shall be deemed grantors.
  S 3. This act shall take effect immediately.

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