senate Bill S5529B

Signed by Governor

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

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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:
A7618B
Versions:
S5529
S5529A
S5529B
Legislative Cycle:
2013-2014
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §128, add §128-b ABC L

Sponsor Memo

BILL NUMBER:S5529B

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to on-premises license or permit for the provision of alcohol
by a volunteer firefighters' organization

PURPOSE OR GENERAL IDEA OF BILL: This bill provides that a police
officer shall be allowed to serve as an officer of a volunteer
firefighters' organization that holds a license or permit for the
provision of alcohol for on-premise consumption.

SUMMARY OF SPECIFIC PROVISIONS:

Section One amends subdivision 1 of section 128 of the alcohol and
beverage control law by adding an exception, pursuant to new section
128-b, as established in section two of this bill, which would allow a
police officer to be indirectly interested in the sale of alcoholic
beverages under certain circumstances.

Section two establishes new section 128-b of the alcohol and beverage
control law, which specifies that a police officer shall not be
precluded from serving as an officer of a volunteer firefighters'
organization on the sole basis that the organization holds a license
or permit to sell alcohol for on-premise consumption. This section
also specifies that the state liquor authority shall not be precluded
from issuing a license or permit to the volunteer firefighters'
organization on the basis that a police officer is serving as an
officer of the organization.

Section three is the effective date

JUSTIFICATION: Police officers are prohibited from being directly or
indirectly interested in the sale of alcoholic beverages pursuant to
section 128 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: Passed in the Senate in 2014 (61-0)

FISCAL IMPLICATIONS: None

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
________________________________________________________________________

                                 5529--B

                       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 -- reported favorably from said committee, ordered  to
  first  and  second  report,  ordered  to  a third reading, amended and
  ordered reprinted, retaining its place in the order of  third  reading
  -- recommitted to the Committee on Investigations and Government Oper-
  ations  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  on-premises license or permit for the provision of alcohol by a volun-
  teer firefighters' organization

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

  Section 1. Subdivision 1 of section  128  of  the  alcoholic  beverage
control  law,  as amended by chapter 885 of the laws of 1985, is amended
to read as follows:
  1. Except as otherwise provided in section one hundred  twenty-eight-a
AND  SECTION  ONE  HUNDRED  TWENTY-EIGHT-B  OF THIS ARTICLE, it shall be
unlawful  for  any  police  commissioner,  police  inspector,   captain,
sergeant,  roundsman,  patrolman or other police official or subordinate
of any police department in the state, to be either  directly  or  indi-
rectly  interested  in the manufacture or sale of alcoholic beverages or
to offer for sale, or recommend to any licensee any alcoholic beverages.
A person may not be denied any license granted under the  provisions  of
sections  fifty-four,  fifty-five,  fifty-nine, sixty-three, sixty-four,
seventy-nine, eighty-one, or article seven of this chapter solely on the
grounds of being the spouse of a public servant described in this subdi-
vision. The solicitation or recommendation  made  to  any  licensee,  to
purchase  any  alcoholic beverages by any police official or subordinate
as hereinabove described, shall be presumptive evidence of the  interest

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10948-07-4

S. 5529--B                          2

of  such official or subordinate in the manufacture or sale of alcoholic
beverages.
  S  2.  The  alcoholic  beverage control law is amended by adding a new
section 128-b to read as follows:
  S 128-B. POLICE OFFICERS ALLOWED TO SERVE AS AN OFFICER OF A VOLUNTEER
FIREFIGHTERS' ORGANIZATION. NOTWITHSTANDING ANY  INCONSISTENT  PROVISION
OF LAW TO THE CONTRARY, A VOLUNTEER FIREFIGHTERS' ORGANIZATION SHALL NOT
BE  PRECLUDED  FROM  APPLYING FOR AN ON-PREMISES LICENSE OR PERMIT UNDER
THE PROVISIONS OF THIS CHAPTER DUE TO THE PRESENCE OF A  POLICE  OFFICER
SERVING AS AN OFFICER OF SUCH ORGANIZATION AND THE STATE LIQUOR AUTHORI-
TY SHALL BE AUTHORIZED TO ISSUE SUCH LICENSE OR PERMIT.
  S 3. This act shall take effect immediately.

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