Senate Bill S1727

                                 BILL NUMBER:  S1727

 TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to
conditions precedent to revocation of a license held pursuant to such
law


 PURPOSE :

This bill would establish a legal standard for determining when a
licensed premise has become a focal point for police attention.

 SUMMARY OF PROVISIONS :

Section 1 of this bill would add a new Alcoholic Beverage Control
(ABC) Law § 118(4), to establish a reasonable presumption of the
existence of a sustained and continuing pattern of noise, disturbance,
misconduct, or disorder at a licensed premises once 6 complaints
responded to by the police in any 60 day period.

Section 2 of the bill would provide for an immediate effective date.

 EXISTING LAW :

              

ABC Law § 118 authorizes the revocation or suspension of liquor
licenses of premises "for cause," which includes a pattern of noise or
other disturbances.

 LEGISLATIVE HISTORY :

2007-2008  S.7372

 STATEMENT IN SUPPORT :

ABC Law § 118 provides that the State Liquor Authority (SLA) may
revoke, cancel or suspend a liquor license due to a "sustained and
continuing pattern of noise, disturbance, misconduct or disorder" -
i.e., the premises have become a "focal point" of police attention.
However, courts have held that a determination that a licensed premise
has become a "focal point" for police attention can be upheld only by
an affirmative showing by the SLA that either the licensees or an
employee vested with "managerial authority" was actually aware of the
individual events and conditions that make up the basis for the focal
point charge. This is known as the "managerial exception" to the
general rule that licensees are responsible for operating safe and
healthy establishments free of any pattern of noise, disturbance,
misconduct or disorder that would threaten public well being.
Therefore, a bar that has been the site of multiple misconduct by
patrons cannot be found to be a focal point unless it can be shown
that the licensee suffered or permitted the conduct.

This bill creates a statutory presumption that a pattern of certain
activity-- i.e., 6 complaints responded to by the police within 6
months --. constitutes sufficient knowledge to eliminate the
"managerial exception" which deprives the SLA of the ability to revoke
licenses of establishments that claim they are unaware of certain
conduct. Enactment of this legislation will establish a reasonable
threshold and legal presumption that liquor licensees and their
managers have a duty to be aware of police units repeatedly responding
to their businesses regarding violence, narcotics trafficking,
prostitution, gambling, or other public nuisances and will enable the
SLA to resume the fight against the proliferation of licensed
establishments in the State acting outside of the law while regularly
putting public health and safety at risk.
 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
Thirty days after becoming law.