S T A T E O F N E W Y O R K
________________________________________________________________________
1992
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the alcoholic beverage control law, in relation to
providing for summary suspension of a license or permit when operation
of the licensed premises endangers the health, welfare or safety of
the community
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The alcoholic beverage control law is amended by adding a
new section 119-a to read as follows:
S 119-A. SUMMARY SUSPENSION OF A LICENSE OR PERMIT PENDING A FINAL
DETERMINATION. 1. IN ANY CASE WHERE THE AUTHORITY RECEIVES WRITTEN
INFORMATION FROM THE MAYOR, CHIEF OF POLICE, POLICE COMMISSIONER, SHER-
IFF, OR LOCAL LEGISLATIVE BODY OF ANY CITY, TOWN OR VILLAGE IN WHICH THE
LICENSED PREMISES IN QUESTION ARE LOCATED, WHICH CERTIFIES THAT CONTIN-
UED OPERATION OF THE PREMISES PRESENTS A SUBSTANTIAL LIKELIHOOD THAT
DEATH OR SERIOUS PHYSICAL INJURY MAY RESULT TO THE PUBLIC FROM THE
CONTINUED OPERATION OF THE PREMISES, THE AUTHORITY MAY ORDER THE IMMEDI-
ATE SUSPENSION OF SUCH LICENSE PENDING A FINAL DETERMINATION IF THE
AUTHORITY DETERMINES THAT BASED UPON THE CERTIFICATION AND THE AUTHORI-
TY'S INDEPENDENT INVESTIGATION, THERE IS CLEAR AND CONVINCING EVIDENCE
THAT THE PUBLIC HEALTH, SAFETY, OR WELFARE IMPERATIVELY REQUIRES EMER-
GENCY ACTION, AND INCORPORATES A FINDING TO THAT EFFECT IN ITS ORDER. AT
THE TIME THE LOCALITY PROVIDES TO THE AUTHORITY A CERTIFICATION REGARD-
ING A LICENSED PREMISE, THAT LOCALITY SHALL ALSO SEND, BY REGISTERED
MAIL, A COPY OF SUCH CERTIFICATION TO THE LICENSEE. SUCH SUMMARY SUSPEN-
SION SHALL BE EFFECTIVE ON THE DATE SPECIFIED IN SUCH ORDER OR UPON
SERVICE OF A CERTIFIED COPY OF SUCH ORDER ON THE LICENSEE, WHICHEVER
SHALL BE LATER, FOR A PERIOD OF NO MORE THAN THIRTY DAYS, PENDING
PROCEEDINGS FOR REVOCATION OR OTHER ACTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03218-01-9
A. 1992 2
2. (A) THE LICENSEE MAY REQUEST A HEARING TO BE CONDUCTED WITHIN THREE
DAYS OF THE EFFECTIVE DATE OF SUCH ORDER. THE LICENSEE SHALL BE
AFFORDED, AT SUCH HEARING, THE OPPORTUNITY TO BE HEARD IN PERSON OR BY
COUNSEL IN REFERENCE TO THE SUMMARY SUSPENSION.
(B) THE AUTHORITY SHALL COMMENCE A HEARING PROCEEDING FOR REVOCATION
PURSUANT TO THIS SECTION WITHIN TEN DAYS OF THE EFFECTIVE DATE OF SUCH
ORDER. A COPY OF THE CHARGES AND NOTICE OF PLEADING AND HEARING, PURSU-
ANT TO SECTION ONE HUNDRED NINETEEN OF THIS ARTICLE, SHALL BE SERVED
UPON THE LICENSEE IN ACCORDANCE WITH THE RULES OF THE AUTHORITY.
(C) IF AFTER A HEARING, THE AUTHORITY SUBSEQUENTLY DETERMINES THAT
CONTINUED OPERATION OF THE LICENSED PREMISES POSES NO IMPERATIVE THREAT
TO THE PUBLIC HEALTH, SAFETY OR WELFARE, THEN THE AUTHORITY SHALL WITH-
DRAW SUCH SUMMARY SUSPENSION ORDER AND ALLOW OPERATION OF SUCH PREMISES
TO CONTINUE PENDING A FINAL DETERMINATION ON THE MERITS.
3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
THE AUTHORITY MAY PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECES-
SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
S 2. This act shall take effect immediately.