S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 25, 2013
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
reported favorably from said committee and committed to the Committee
on Investigations and Government Operations -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
AN ACT to amend the general business law, in relation to requiring a one
hundred twenty-day warning period for certain violations at certain
veterans' organization facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
397-b to read as follows:
S 397-B. WARNING PERIOD FOR CERTAIN VIOLATIONS AT CERTAIN VETERANS'
ORGANIZATION FACILITIES. 1. BEFORE ANY MONETARY FINES ARE ISSUED OR
APPLIED BY ANY MUNICIPAL OR HEALTH AGENCY TO THE OWNER OR OPERATOR OF
ANY PLACE, POST, FACILITY OR HALL OWNED OR OPERATED BY A CONGRESSIONALLY
CHARTERED VETERANS' GROUP, A WARNING PERIOD OF ONE HUNDRED TWENTY DAYS
SHALL TAKE PLACE DURING WHICH TIME SUCH GROUP SHALL BE ABLE TO CURE SUCH
VIOLATION. IF, AT THE END OF SUCH ONE HUNDRED TWENTY-DAY PERIOD, SUCH
VIOLATION CONTINUES, THEN A MONETARY FINE MAY BE ISSUED OR APPLIED
PROVIDED, THAT AFTER SUCH ONE HUNDRED TWENTY-DAY PERIOD, SUCH VETERANS'
ORGANIZATION MAY REQUEST AN EXTENSION OF TIME TO CURE SUCH VIOLATION.
SUCH REQUEST SHALL BE MADE IN WRITING AND SHALL INCLUDE PROOF OF AN
ATTEMPT TO CURE SUCH VIOLATION WITHIN SUCH PERIOD. THE PROVISIONS OF
THIS SECTION SHALL NOT: (A) APPLY TO ANY IMMINENT LIFE THREATENING
BUILDING CODE OR HEALTH CODE VIOLATION WHICH NECESSITATES AN EMERGENCY
CLOSURE OF A FACILITY; OR (B) BE CONSTRUED TO APPLY TO OR EFFECT ANY
VIOLATION OF THE ALCOHOLIC BEVERAGE CONTROL LAW MADE BY A FACILITY.
2. FOR THE PURPOSES OF THIS SECTION, THE TERM "CONGRESSIONALLY CHAR-
TERED VETERANS' GROUP" SHALL MEAN ANY VETERANS' GROUP THAT HAS BEEN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 2962--A 2
CHARTERED BY THE UNITED STATES CONGRESS UNDER TITLE 36 OF THE UNITED
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.