NY State Senate Bill 2009-S4686

Senate Bill S4686

2009-2010 Legislative Session

Allows qualified individuals with criminal records to be employed in certain establishments that hold liquor licenses

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2010	notice of committee consideration - requested
Jan 06, 2010	referred to investigations and government operations
Apr 27, 2009	referred to investigations and government operations

co-Sponsors

2009-S4686 (ACTIVE) - Details

See Assembly Version of this Bill:: A3770
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §102, ABC L

2009-S4686 (ACTIVE) - Summary

Allows qualified individuals with criminal records to be employed in certain establishments that hold liquor licenses.

2009-S4686 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4686

 TITLE OF BILL :  An act to amend the alcoholic beverage control law,
in relation to allowing qualified individuals with criminal records to
be employed in certain establishments that hold liquor licenses

 PURPOSE : To remove the existing prohibition in alcoholic beverage
control law section 102(2) which disallows employment by those
previously convicted of a felony or certain enumerated misdemeanors in
certain licensed on-premises establishments unless that person has
received a pardon, certificate of relief from disabilities or good
conduct, or has obtained written approval from the state liquor
authority.

 SUMMARY OF PROVISIONS : Subdivision 2 of section 102 of the alcoholic
beverage control law is amended to remove the existing prohibition
against hiring an individual convicted of a felony or enumerated
misdemeanor for restaurants, catering establishments, hotels, clubs
and recreational facilities.

 JUSTIFICATION : The ABC Law's far-reaching prohibition prevents any
employer with a liquor license, except those selling alcohol beverages
retail for off-premises consumption, from hiring any individual in any
capacity who has been convicted of a felony or an enumerated
misdemeanor unless that person has obtained a pardon, certificate of
relief from disabilities or good conduct or written approval by the

State Liquor Authority. This means that employers such as restaurants,
hotels, sporting arenas and catering establishments that have liquor
licenses cannot hire busboys, waiters, chefs, maitreds, delivery
persons or anyone else with these criminal histories unless those
applicants have obtained the necessary approval or documentation. This
ban thus eliminates thousands of jobs that could safely be made
available to qualified people with criminal records.  According to the
New York State Department of Labor, there has been an increase
(+14,600) in the number of jobs in the leisure and hospitality
industries, including a number of entry-level jobs in the food service
industry, from which people subject to the ABC Law's flat ban are
excluded.

New York has long recognized the importance of assisting people with
criminal records obtain gainful employment, as employment has been
identified as a reliable predictor of a person's ability to
successfully reenter society, and has enacted many laws to encourage
the employment of qualified individuals with criminal histories. For
example, the Human Rights Law (Executive Law 296 (16)) prohibits
unfair discrimination against individuals with criminal records and
Article 23-A of the Correction Law requires employers to make an
individualized determination regarding whether a person's convictions
are related to the job sought or constitute a threat to safety or
property. New York's sweeping Alcohol Beverage Control (ABC) Law 102
(2), which prohibits employers licensed to sell alcoholic beverages
for on-premises consumption, including hotels and restaurants, from
employing any person convicted of a felony or certain less serious
offenses in any capacity, except in the circumstances described below,
predates New York's adoption of Executive Law 296 (16) and Article
23-A and is inconsistent with the intent of these laws. To bring the
ABC Law in line with the policies reflected by these newer laws, the
ABC Law's employment bar should be amended so that qualified workers
with criminal records can work in certain establishments that have
liquor licenses without seeking a pardon, certificate of relief from
disabilities or good conduct or written approval by the State Liquor
Authority. The prohibition on hiring persons with a felony or
misdemeanor conviction would still apply to bars and taverns.

Opening up employment opportunities in these industries will not
threaten public safety, since under Article 23-A, any restaurant,
hotel, or other similar establishment with a liquor license will still
consider whether an applicant's conviction(s) is related to the job
and whether the public safety or property would be placed at risk,
before hiring the person. On the contrary, the proposed amendment, by
improving job opportunities for qualified persons with criminal
records by permitting them to work in these establishments, advances
the public interest and promotes public safety by helping to reduce
recidivism.

 LEGISLATIVE HISTORY : A10860-B (2008) ordered to third reading 2008

 FISCAL IMPLICATIONS : None.

 LOCAL FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE : This act shall take effect immediately.

2009-S4686 (ACTIVE) - Bill Text download pdf

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

                                  4686

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and Government Operations

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  allowing qualified individuals with criminal records to be employed in
  certain establishments that hold liquor licenses

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

  Section  1.  The  opening paragraph of subdivision 2 of section 102 of
the alcoholic beverage control law, as amended by  chapter  340  of  the
laws of 1972, is amended to read as follows:
  No  person holding any license hereunder, other than a license to sell
an alcoholic beverage  at  retail  for  off-premises  consumption  OR  A
LICENSE  OR  SPECIAL LICENSE TO SELL AN ALCOHOLIC BEVERAGE AT RETAIL FOR
CONSUMPTION ON THE PREMISES WHERE SUCH LICENSE AUTHORIZES  THE  SALE  OF
LIQUOR,  BEER  AND/OR  WINE ON THE PREMISES OF A CATERING ESTABLISHMENT,
HOTEL, RESTAURANT,  CLUB,  OR  RECREATIONAL  FACILITY,  shall  knowingly
employ  in  connection with his business in any capacity whatsoever, any
person, who has been convicted of a felony,  or  any  of  the  following
offenses,  who  has not subsequent to such conviction received an execu-
tive pardon therefor removing any civil disabilities incurred thereby, a
certificate of good conduct or other relief from  disabilities  provided
by law, or the written approval of the state liquor authority permitting
such employment, to wit:
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04438-03-9

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Senate Bill S4686

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Sponsored By

Ruth Hassell-Thompson