NY State Senate Bill S7378A

Archive: Last Bill Status Via A10857 - Signed by Governor

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

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 13, 2010	signed chap.364
Aug 03, 2010	delivered to governor
Jun 24, 2010	returned to assembly passed senate
Jun 22, 2010	3rd reading cal.1099 substituted for s7378a
Jun 22, 2010	substituted by a10857a ordered to third reading cal.1099 committee discharged and committed to rules
Jun 02, 2010	print number 7378a
Jun 02, 2010	amend and recommit to investigations and government operations
Apr 05, 2010	referred to investigations and government operations

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

S7378 - Details

See Assembly Version of this Bill:: A10857
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §118, ABC L

S7378 - Summary

Provides for the revocation of a liquor license for cause upon a sixth incident reported to the authority of noise, disturbance, misconduct or disorder upon or related to the operation of the licensed premises.

S7378 - Sponsor Memo

 BILL NUMBER:  S7378

 TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to the
conditions precedent to revocation of a license for cause


 PURPOSE :

This bill would establish a clear legal standard for determining when
a licensed premises has become a focal point for police attention and
thereby subject to possible revocation of the license.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would add a new subdivision 4 to Alcoholic
Beverage Control (ABC) Law § 118 to create a rebuttable presumption
that a licensed premises has become a focal point for police attention
upon the occurrence of the sixth complaint of noise or disturbance
responded to by police on or about the licensed premises or relating
to the conduct of its patrons in any 60 day period.

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

 EXISTING LAW :

ABC Law § 118(3) currently establishes that a "sustained and
continuing pattern of noise, disturbance, misconduct, or disorder on
or about the licensed premises, related to the operation of the
premises or the conduct of its patrons" is sufficient cause for
revocation of a liquor license.  However, since there is no cognizable
or measureable standard set forth in current law to calculate the
existence of a focal point for police attention, numerous State Liquor
Authority (SLA) determinations revoking licenses that clearly operate
as focal points for police attention have been successfully attacked
via Article 78 proceedings.

 LEGISLATIVE HISTORY :

Similar departmental legislation was introduced in 2008 as
S.7372/A.11163

 STATEMENT IN SUPPORT :

ABC Law § 118 provides that the 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 licensee 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. By establishing a rebuttable
presumption that a licensed premise is operating as a focal point for
police attention after six incidents responded to by police within any
60 day period, this initiative will eliminate the frequently misused
managerial exception rule - which forces the SLA to prove that someone
with managerial capacity had knowledge of each and every instance of
police involvement before it can be held against the licensee in
administrative disciplinary proceedings.

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 win 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 :
This bill would be effective immediately.

S7378 - Bill Text download pdf

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

                                  7378

                            I N  S E N A T E

                              April 5, 2010
                               ___________

Introduced  by Sen. SQUADRON -- (at request of the State Liquor Authori-
  ty) -- read twice and ordered printed, and when printed to be  commit-
  ted to the Committee on Investigations and Government Operations

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  conditions precedent to revocation of a license for cause

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

  Section  1.  Section  118  of  the  alcoholic  beverage control law is
amended by adding a new subdivision 4 to read as follows:
  4. AS USED IN THIS CHAPTER, THE EXISTENCE OF A SUSTAINED AND  CONTINU-
ING  PATTERN  OF NOISE, DISTURBANCE, MISCONDUCT, OR DISORDER ON OR ABOUT
THE LICENSED PREMISES, RELATED TO THE OPERATION OF THE PREMISES  OR  THE
CONDUCT  OF  ITS  PATRONS,  WILL BE PRESUMED UPON THE SIXTH COMPLAINT OF
NOISE OR DISTURBANCE OR MISCONDUCT OR DISORDER RESPONDED  TO  BY  POLICE
UNITS  ON  OR ABOUT THE LICENSED PREMISES OR RELATED TO THE OPERATION OF
THE PREMISES OR THE CONDUCT OF ITS PATRONS, IN  ANY  SIXTY  DAY  PERIOD,
ABSENT  CLEAR AND CONVINCING EVIDENCE OF EITHER FRAUDULENT INTENT ON THE
PART OF ANY COMPLAINANT OR A FACTUAL ERROR WITH RESPECT TO  THE  CONTENT
OF ANY REPORT CONCERNING SUCH COMPLAINT RELIED UPON BY THE AUTHORITY.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15975-02-0

S7378A (ACTIVE) - Details

See Assembly Version of this Bill:: A10857
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §118, ABC L

S7378A (ACTIVE) - Summary

S7378A (ACTIVE) - Sponsor Memo

BILL NUMBER:S7378A

TITLE OF BILL:

An act
to amend the alcoholic beverage control law, in relation to the
conditions precedent to revocation of a license for cause

PURPOSE:

This bill would establish a clear legal standard for determining when
a licensed premise has become a focal point for police attention and
thereby subject to possible revocation of the license.

SUMMARY OF PROVISIONS:

Section 1 of the bill would add a new subdivision 4 to Alcoholic
Beverage Control (ABC) Law § 118 to create a rebuttable presumption
that a licensed premises has become a focal point for police
attention upon the occurrence of the sixth incident reported to the
State Liquor Authority (SLA) of noise or disturbance on or about the
licensed premises or relating to the conduct of its patrons in any 60
day period.

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

EXISTING LAW:

ABC Law § 118(3) currently establishes that a "sustained and
continuing pattern of noise, disturbance, misconduct, or disorder on
or about the licensed premises, related to the operation of the
premises or the conduct of its patrons" is sufficient cause for
revocation of a liquor license.
However, since there is no cognizable or measureable standard set
forth in current law to calculate the existence of a focal point for
police attention, numerous State Liquor Authority (SLA)
determinations revoking licenses that clearly operate as focal points
for police attention have been successfully attacked via Article 78
proceedings.

LEGISLATIVE HISTORY:

Similar departmental legislation was introduced in 2008 as
S.7372/A.11163.

STATEMENT IN SUPPORT:

ABC Law § 118 provides that the 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 licensee 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. By establishing a rebuttable
presumption that a licensed premise is operating as a focal point for
police attention after six incidents reported by police within any 60
day period, this initiative will eliminate the frequently misused
managerial exception rule - which forces the SLA to prove that someone
with managerial capacity had knowledge of each and every instance of
police involvement before it can be held against the licensee in
administrative disciplinary proceedings.

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:

This bill would be effective immediately.

S7378A (ACTIVE) - Bill Text download pdf

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

                                 7378--A

                            I N  S E N A T E

                              April 5, 2010
                               ___________

Introduced  by Sen. SQUADRON -- (at request of the State Liquor Authori-
  ty) -- read twice and ordered printed, and when printed to be  commit-
  ted  to  the  Committee on Investigations and Government Operations --
  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 the
  conditions precedent to revocation of a license for cause

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

  Section  1.  Section  118  of  the  alcoholic  beverage control law is
amended by adding a new subdivision 4 to read as follows:
  4. AS USED IN THIS CHAPTER, THE EXISTENCE OF A SUSTAINED AND  CONTINU-
ING  PATTERN  OF NOISE, DISTURBANCE, MISCONDUCT, OR DISORDER ON OR ABOUT
THE LICENSED PREMISES, RELATED TO THE OPERATION OF THE PREMISES  OR  THE
CONDUCT  OF  ITS  PATRONS,  WILL  BE  PRESUMED  UPON  THE SIXTH INCIDENT
REPORTED TO THE AUTHORITY BY  A  LAW  ENFORCEMENT  AGENCY  OF  NOISE  OR
DISTURBANCE  OR MISCONDUCT OR DISORDER ON OR ABOUT THE LICENSED PREMISES
OR RELATED TO THE OPERATION OF  THE  PREMISES  OR  THE  CONDUCT  OF  ITS
PATRONS,  IN  ANY SIXTY DAY PERIOD, ABSENT CLEAR AND CONVINCING EVIDENCE
OF EITHER FRAUDULENT INTENT ON THE PART OF ANY COMPLAINANT OR A  FACTUAL
ERROR  WITH  RESPECT  TO  THE  CONTENT  OF  ANY  REPORT  CONCERNING SUCH
COMPLAINT RELIED UPON BY THE AUTHORITY.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15975-06-0

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The New York State Senate

senate Bill S7378A

Sponsored By

Archive: Last Bill Status Via A10857 - Signed by Governor

Your Voice

Actions

Votes

Jun 24, 2010 - floor Vote

Floor Vote: Jun 24, 2010

Jun 22, 2010 - Rules committee Vote

Rules Committee Vote: Jun 22, 2010

Bill Amendments

S7378 - Details

S7378 - Summary

S7378 - Sponsor Memo

S7378 - Bill Text download pdf

S7378A (ACTIVE) - Details

S7378A (ACTIVE) - Summary

S7378A (ACTIVE) - Sponsor Memo

S7378A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7378A

Share this bill

Sponsored By

Daniel L. Squadron

Archive: Last Bill Status Via A10857 - Signed by Governor

Your Voice

Actions

Votes

Jun 24, 2010 - floor Vote

Floor Vote: Jun 24, 2010

Jun 22, 2010 - Rules committee Vote

Rules Committee Vote: Jun 22, 2010

Bill Amendments

S7378 - Details

S7378 - Summary

S7378 - Sponsor Memo

S7378 - Bill Text download pdf

S7378A (ACTIVE) - Details

S7378A (ACTIVE) - Summary

S7378A (ACTIVE) - Sponsor Memo

S7378A (ACTIVE) - Bill Text download pdf

Comments