senate Bill S5529

Signed by Governor Amended

Relates to on-premises license or permit for the provision of alcohol by a volunteer firefighters' organization

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Sponsor

Bill Status


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

  • 16 / May / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 30 / May / 2013
    • 1ST REPORT CAL.843
  • 03 / Jun / 2013
    • 2ND REPORT CAL.
  • 04 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 05 / Jun / 2013
    • AMENDED ON THIRD READING 5529A
  • 12 / Jun / 2013
    • PASSED SENATE
  • 12 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2013
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 10 / Feb / 2014
    • AMEND (T) AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 10 / Feb / 2014
    • PRINT NUMBER 5529B
  • 18 / Mar / 2014
    • 1ST REPORT CAL.304
  • 19 / Mar / 2014
    • 2ND REPORT CAL.
  • 20 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 26 / Mar / 2014
    • PASSED SENATE
  • 26 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 26 / Mar / 2014
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 07 / Apr / 2014
    • SUBSTITUTED FOR A7618B
  • 07 / Apr / 2014
    • ORDERED TO THIRD READING CAL.517
  • 07 / Apr / 2014
    • PASSED ASSEMBLY
  • 07 / Apr / 2014
    • RETURNED TO SENATE
  • 09 / Oct / 2014
    • DELIVERED TO GOVERNOR
  • 21 / Oct / 2014
    • SIGNED CHAP.412

Summary

Relates to on-premises license or permit for the provision of alcohol by a volunteer firefighters organization where a police office serving as an officer of such organization.

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Bill Details

See Assembly Version of this Bill:
A7618
Versions:
S5529
S5529A
S5529B
Legislative Cycle:
2013-2014
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง128-a, ABC L

Votes

7
0
7
Aye
0
Nay
1
aye with reservations
0
absent
1
excused
0
abstained
show Investigations and Government Operations committee vote details

Sponsor Memo

BILL NUMBER:S5529

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to police officers allowed to work in licensed premises

PURPOSE OR GENERAL IDEA OF BILL: This bill directs the state liquor
authority to promulgate rules and regulations so that police officers
axe able to serve as officers of fire companies, fire departments, and
volunteer fire companies that hold licenses issued by the authority.

SUMMARY OF SPECIFIC PROVISIONS:

Section One amends section 128-a of the alcoholic and beverage control
law, to require the state liquor authority to promulgate rules and
regulations enabling a police officer, who has permission from his
commanding officer, to serve on the board of a fire company, fire
department, or volunteer fire company that holds a license issued by
the authority.

Section two is the effective date

JUSTIFICATION: Police officers are prohibited from being directly or
indirectly interested in the sale of alcoholic beverages pursuant to
section l2 of the alcoholic beverage control law. This prohibition has
been interpreted to disqualify a police officer from serving as an
officer of a fire company, fire department, or volunteer fire company
that holds a catering license.

It is in the best interest of the public to have members of their
local police force also participate in local fire fighting functions.
Police officers have extensive knowledge of the communities and people
that they protect and serve. They should not be prohibited from
offering this additional public service.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become law.

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

                                  5529

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- 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
  police officers allowed to work in licensed premises

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

  Section 1. Section 128-a of the alcoholic  beverage  control  law,  as
amended  by  chapter  678  of  the  laws  of 2002, is amended to read as
follows:
  S 128-a. Police officers allowed  to  work  in  licensed  premises  in
certain  cases.  1. Notwithstanding any inconsistent provision of law to
the contrary, the authority shall promulgate such rules and  regulations
as  may  be  necessary  to  provide  that it shall not be unlawful for a
police officer employed in this state,  having  written  permission  and
consent  from  his commanding officer, to work in a premises licensed to
sell beer at retail for off-premises consumption  under  section  fifty-
four  of  this chapter or to work solely as a security guard or director
of traffic on the premises of  a  volunteer  firefighters'  organization
licensed  to sell beer and wine at retail pursuant to a temporary permit
for on-premises consumption under section ninety-seven of this chapter.
  2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE  CONTRARY,
THE  AUTHORITY  SHALL  PROMULGATE  SUCH  RULES AND REGULATIONS AS MAY BE
NECESSARY TO PROVIDE THAT IT SHALL NOT BE UNLAWFUL FOR ANY POLICE  OFFI-
CIAL  OR  SUBORDINATE  OF  ANY POLICE DEPARTMENT EMPLOYED IN THIS STATE,
HAVING WRITTEN PERMISSION AND CONSENT FROM HIS  COMMANDING  OFFICER,  TO
SERVE  AS  AN  OFFICER  OF A FIRE COMPANY, FIRE DEPARTMENT, OR VOLUNTEER
FIREFIGHTERS' ORGANIZATION LICENSED TO SELL BEER OR WINE PURSUANT  TO  A
PERMIT ISSUED BY THE AUTHORITY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10948-01-3

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