Assembly Bill A3690

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

                                  3690

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Economic Development

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  requiring  the revocation of the license or permit of any holder which
  has been found on three or more occasions to have committed violations
  and prohibiting the issuance of any license or permit,  for  not  less
  than  three years, after the revocation thereof; and to amend the real
  property law, in relation to providing for the  filing  by  the  state
  liquor authority of such revocation order

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

  Section 1. Section 113  of  the  alcoholic  beverage  control  law  is
amended by adding a new subdivision 4 to read as follows:
  4. WHERE THE LIQUOR AUTHORITY HAS ISSUED AN ORDER REVOKING THE LICENSE
OR PERMIT FOR ANY PREMISES, FOR A PERIOD OF TWO YEARS AFTER SUCH REVOCA-
TION,  FOR  SUCH  LICENSED  PREMISES  OR  FOR  ANY  PART OF THE BUILDING
CONTAINING SUCH LICENSED PREMISES AND CONNECTED THEREWITH,  A  CERTIFIED
COPY OF SUCH ORDER SHALL WITHOUT FEE BE FILED WITH, RECORDED AND INDEXED
BY  THE  CLERK  OF  THE COUNTY IN WHICH SUCH PREMISES ARE SITUATED AS AN
ORDER AFFECTING REAL PROPERTY IN ACCORDANCE  WITH  SECTION  TWO  HUNDRED
NINETY-SEVEN-B OF THE REAL PROPERTY LAW.
  S  2.  Subdivision  1 of section 118 of the alcoholic beverage control
law is amended by adding a new paragraph (c) to read as follows:
  (C) FOR HAVING BEEN FOUND ON THREE OR MORE SEPARATE OCCASIONS,  GUILTY
FOR  CAUSES  OR  VIOLATIONS DURING ANY PERIOD OF TWENTY-FOUR CONSECUTIVE
MONTHS.
  S 3. Subdivision 3 of section 118 of the  alcoholic  beverage  control
law,  as added by chapter 536 of the laws of 1996, is amended to read as
follows:
  3. As used in this section, the term "for cause"  shall  also  include
the  existence  of a sustained and continuing pattern of noise, disturb-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06797-01-3
              

A. 3690                             2

ance, misconduct, or disorder on or about the licensed premises, related
to the operation of the premises or the conduct of  its  patrons,  which
adversely  affects  the  health, welfare or safety of the inhabitants of
the area in which such licensed premises are located.  FURTHERMORE, SUCH
TERM  SHALL  INCLUDE THE COMMISSION OF A FELONY DEFINED IN THE PENAL LAW
OR A SERIOUS OFFENSE, AS DEFINED IN  SUBDIVISION  SEVENTEEN  OF  SECTION
265.00  OF  THE PENAL LAW, UPON THE LICENSED PREMISES; BUILDING AND FIRE
PREVENTION REGULATION AND CODE VIOLATIONS  UPON  THE  LICENSED  PREMISES
WHICH  ENDANGER  THE  PUBLIC  HEALTH,  SAFETY  OR WELFARE; EXCEEDING THE
AUTHORIZED CAPACITY OF PERSONS IN THE LICENSED PREMISES; AND  ANY  OTHER
VIOLATION  OF  ANY  LAW,  RULE OR REGULATION, UPON OR ABOUT THE LICENSED
PREMISES, WHICH ENDANGERS THE PUBLIC HEALTH, SAFETY AND WELFARE.
  S 4. Section 297-b of the real property law, as amended by chapter 311
of the laws of 1964, is amended to read as follows:
  S 297-b. Recording of certified copies  of  judgments  affecting  real
property.    When a judgment, final order or decree is rendered by a New
York state court of record or a United  States  district  court  OR  THE
STATE  LIQUOR  AUTHORITY  affecting  the  title to or possession, use or
enjoyment of real property, a copy of such judgment,  order  or  decree,
duly  certified by the clerk of the court OR THE SECRETARY TO THE LIQUOR
AUTHORITY wherein said judgment, FINAL ORDER OR DECREE was rendered, may
be recorded in the office of the recording  officer  of  the  county  in
which such property is situated, in the same manner as a conveyance duly
acknowledged or proved and certified so as to entitle it to be recorded,
and  such  recording  officer  shall  upon  request and on tender of the
lawful fees therefor, record the same in his said office, EXCEPT THAT NO
FEE SHALL BE REQUIRED IN  CONNECTION  WITH  THE  FILING,  RECORDING  AND
INDEXING OF ANY ORDER OF THE LIQUOR AUTHORITY.
  For purposes of recording and indexing such judgment, order or decree,
the  prevailing  party or parties named therein shall be deemed grantees
and all other persons named therein shall be deemed grantors.
  S 5. This act shall take effect immediately.