senate Bill S1909

2013-2014 Legislative Session

Directs persons licensed for on-premises consumption of alcoholic beverages to have a criminal background history check performed on prospective bouncers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jan 09, 2013 referred to investigations and government operations

S1909 - Details

Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3, 106 & 17, ABC L; amd §89-f, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S5408A

S1909 - Summary

Directs persons licensed for on-premises consumption of alcoholic beverages to have a criminal background history check performed on prospective bouncers; defines the term "bouncer"; provides for the establishment and certification of bouncer training programs by the state liquor authority; requires certain bouncers to be so certified and provides incentives to the employers of persons not required to be so certified but do receive such certification (view more) excludes bouncers from the definition of security guards for purposes of the licensing of such guards pursuant to the general business law.

S1909 - Sponsor Memo

S1909 - Bill Text download pdf

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

                                  1909

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic beverage control law and the general busi-
  ness law, in relation to  criminal  history  information  for  persons
  employed  as  bouncers  at  retail  licensed  premises for on-premises
  consumption and directing the state liquor authority  to  establish  a
  certification program for bouncers

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

  Section 1. Section 3 of the alcoholic beverage control law is  amended
by adding two new subdivisions 6-a and 9-b to read as follows:
  6-A.  "BOUNCER"  SHALL MEAN A PERSON EMPLOYED BY AN ON-PREMISES RETAIL
LICENSEE WHERE THE PRINCIPAL BASIS FOR SUCH PERSON'S  EMPLOYMENT  IS  TO
GENERALLY KEEP THE PEACE UPON THE LICENSED PREMISES OF SUCH LICENSEE, OR
TO SCREEN POTENTIAL CUSTOMERS FOR SUITABLE ATTIRE OR CLOTHING.  A BOUNC-
ER SHALL NOT INCLUDE (I) ANY PERSON WHOSE PRINCIPAL DUTIES ARE TO ASSIST
IN  COMPLIANCE WITH SECTION SIXTY-FIVE OF THIS CHAPTER BY CHECKING IDEN-
TIFICATION, OR ASSESSING THE STATE OF IMPAIRMENT OF PERSONS ON OR  ABOUT
THE  LICENSED  PREMISES,  OR  ANY  PERSON WHOSE PRINCIPAL DUTIES ARE THE
SERVING OF FOOD AND BEVERAGES TO PATRONS, OR (II) ANY PERSON EMPLOYED AS
A SECURITY GUARD AT A THEATRE,  ARENA,  STADIUM  OR  OTHER  PLACE  WHERE
PUBLIC  EXHIBITIONS,  GAMES,  CONTESTS  AND/OR  PERFORMANCES  ARE  HELD,
PROVIDED THAT SUCH PERSON IS A REGISTERED  SECURITY  GUARD  PURSUANT  TO
ARTICLE SEVEN-A OF THE GENERAL BUSINESS LAW.
  9-B.  "CRIMINAL  HISTORY  INFORMATION"  SHALL  MEAN  A  RECORD  OF ALL
CONVICTIONS OF CRIMES MAINTAINED ON AN INDIVIDUAL  BY  THE  DIVISION  OF
CRIMINAL  JUSTICE SERVICES PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR
OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05279-02-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.