senate Bill S2445

Provides for the revocation of the license of any premises found by the state liquor authority on 3 or more occasions to have committed violations

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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

  • 17 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

Provides for the revocation of the license of any premises found by the state liquor authority on 3 or more occasions, during any 24 consecutive month period of time, to have committed violations; prohibits premises from being licensed for 3 years following revocation.

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Bill Details

See Assembly Version of this Bill:
A3690
Versions:
S2445
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§113 & 118, ABC L; amd §297-b, RP L
Versions Introduced in 2011-2012 Legislative Cycle:
S7054, A10405

Sponsor Memo

BILL NUMBER:S2445

TITLE OF BILL:
An act
to amend
the alcoholic beverage control law, in relation to requiring the
revocation of the license or permit of any holder which has been found
on three or more occasions to have committed violations and prohibiting
the issuance of any license or permit, for not less than three years,
after the revocation thereof; and to amend the real property law, in
relation to providing for the filing by the state liquor authority of
such revocation order

PURPOSE:
The purpose of this bill is to institute a "three strikes you are out"
standard to revoke any license issued pursuant to the alcoholic
beverage control law (ABC) including licenses to sell alcoholic
beverages for on or off premises consumption. Under current law,
there is no bright line standard to automatically revoke a license to
sell alcoholic beverages for a premises in which it has been the
scene of multiple crimes that seriously endanger the public health,
safety or general welfare. This bill will give regulators a tool that
they can use to close down establishments that have witnessed three
or more violent crimes that have either endangered the patrons of
such establishment or the surrounding community.

SUMMARY OF PROVISIONS:

Section 1: Amends ABC Law section 113 (4) which relates to premises
for which no license shall be granted to include any premises that
has been the scene of three or more serious criminal convictions over
a 24 month period of time that has endangered either the patrons of
the establishment in question or the surrounding community. Such an
order declaring
the premises as unable to be eligible to operate a premises to sell or
serve alcoholic beverages shall be filed and recorded in the clerk of
the county where the premises is located.

Section 2: Amends ABC Law section 118 (1) which relates to the
revocation of alcoholic licenses "for cause".

Section 3: Amends ABC Law section 118 (3)to define as an automatic
revocation "for cause" to include when it has been found that on
three or more separate occasions felony crimes or other serious
criminal offenses have been committed on such premises, building and
fire code violations have cited which endanger the public safety,
overcrowding has occurred, or any other violation that has endangered
the public health, safety, and general welfare has been determined.

Section 4: Amends Real Property Law section 297-b to include state
Liquor Authority issued judgments affecting real property as being
able to be filed to give notice to property owners and potential
purchasers
of such property that such premises is ineligible to obtain a liquor
license.


JUSTIFICATION:
It is important for the protection of the general public that patrons
of places that sell alcoholic beverages for on or off premise
consumption are safe places to enter and to consume food and
alcoholic beverages. It is important to quickly revoke the licenses
of those establishments that sell alcoholic beverages that have been
the site of multiple crimes where individuals have been threatened
with physical harm or have in fact been harmed by others either with
or without dangerous instrumentalities.

One of the underlying purposes of the ABC law is to root out crime and
reduce the incidence of crime related to the sale and consumption of
alcoholic beverages. From a public policy and law enforcement
perspective, it is very important that establishments that are open
to the public are guaranteed to be safe for use by individuals,
families, and friends who enter such premises. This bill will give
the SLA and law enforcement the authority that they need to quickly
shut down establishments in which criminal activity is regularly
occurring and to protect the communities in which these
establishments are located.

LEGISLATIVE HISTORY: S. 7054 of 2012, Referred to
Investigations Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate

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

                                  2445

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- 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,  in  relation  to
  requiring  the revocation of the license or permit of any holder which
  has been found on three or more occasions to have committed violations
  and prohibiting the issuance of any license or permit,  for  not  less
  than  three years, after the revocation thereof; and to amend the real
  property law, in relation to providing for the  filing  by  the  state
  liquor authority of such revocation order

  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
OR PERMIT FOR ANY PREMISES, 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,  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 SITUATED AS AN
ORDER AFFECTING REAL PROPERTY IN ACCORDANCE  WITH  SECTION  TWO  HUNDRED
NINETY-SEVEN-B OF THE REAL PROPERTY LAW.
  S  2.  Subdivision  1 of section 118 of the alcoholic beverage control
law is amended by adding a new paragraph (c) to read as follows:
  (C) FOR HAVING BEEN FOUND ON THREE OR MORE SEPARATE OCCASIONS,  GUILTY
FOR  CAUSES  OR  VIOLATIONS DURING ANY PERIOD OF TWENTY-FOUR CONSECUTIVE
MONTHS.
  S 3. Subdivision 3 of section 118 of the  alcoholic  beverage  control
law,  as added by chapter 536 of the laws of 1996, is amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06797-01-3

S. 2445                             2

  3. As used in this section, the term "for cause"  shall  also  include
the  existence  of a sustained and continuing pattern of noise, disturb-
ance, misconduct, or disorder on or about the licensed premises, related
to the operation of the premises or the conduct of  its  patrons,  which
adversely  affects  the  health, welfare or safety of the inhabitants of
the area in which such licensed premises are located.  FURTHERMORE, SUCH
TERM SHALL INCLUDE THE COMMISSION OF A FELONY DEFINED IN THE  PENAL  LAW
OR  A  SERIOUS  OFFENSE,  AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION
265.00 OF THE PENAL LAW, UPON THE LICENSED PREMISES; BUILDING  AND  FIRE
PREVENTION  REGULATION  AND  CODE  VIOLATIONS UPON THE LICENSED PREMISES
WHICH ENDANGER THE PUBLIC  HEALTH,  SAFETY  OR  WELFARE;  EXCEEDING  THE
AUTHORIZED  CAPACITY  OF PERSONS IN THE LICENSED PREMISES; AND ANY OTHER
VIOLATION OF ANY LAW, RULE OR REGULATION, UPON  OR  ABOUT  THE  LICENSED
PREMISES, WHICH ENDANGERS THE PUBLIC HEALTH, SAFETY AND WELFARE.
  S 4. 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
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
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 5. This act shall take effect immediately.

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