senate Bill S3628

2013-2014 Legislative Session

Relates to filing of an order imposing against revoked premises a proscription against future licensure

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jun 21, 2013 committed to rules
May 20, 2013 advanced to third reading
May 08, 2013 2nd report cal.
May 07, 2013 1st report cal.576
Feb 07, 2013 referred to investigations and government operations

Votes

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May 7, 2013 - Investigations and Government Operations committee Vote

S3628
7
1
committee
7
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Investigations and Government Operations Committee Vote: May 7, 2013

nay (1)
aye wr (1)

S3628 - Bill Details

See Assembly Version of this Bill:
A4537
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §113, ABC L; amd §297-b, RP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4809, A5771
2009-2010: A7298

S3628 - Bill Texts

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Relates to filing of an order imposing against revoked premises a proscription against future licensure.

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BILL NUMBER:S3628

TITLE OF BILL: An act to amend the alcoholic beverage control law and
the real property law, in relation to providing for the filing of a
state liquor authority order imposing against revoked premises a
proscription against future licensure

PURPOSE: Relates to filing of an order imposing against revoked prem-
ises a proscription against future licensure.

SUMMARY OF PROVISIONS:

Section 1. Section 113 of 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 far any premises and
imposing a prescription refusing the issuance of a license under this
chapter, for a period of two years after such revocation, for such
licensed premises or for any part of the building containing such
licensed premises and connected therewith, or has issued an order modi-
fying or rescinding a prescription previously imposed, a certified copy
of such order shall without fee be filed with, recorded and indexed by
the clerk of the county in which such impresses are situated as an order
affecting real property in accordance with section two hundred ninety-
seven-b of the real property law.

JUSTIFICATION: This legislation is being introduced to require all
proscription of liquor licensees be filled with the county clerk to
ensure that future owners of the property are aware of the liquor
licenses ban. This change will allow for better planning and will
provide businesses with the information they need to open a successful
bar and/or restaurant without unnecessary delay and costs.

This is in response to an incident on Staten Island where a family
converted a local site into a family restaurant. The family was forced
to delay the opening of the eatery when they found out the property had
a two-year liquor license ban imposed because of several violations by
the previous owner. The delayed opening has resulted in severe financial
setbacks for the family and may prevent opening of the restaurant.

LEGISLATIVE HISTORY: 2012: S.4809 - Referred to Rules/A.5771 - Referred
to Economic Development. 2011: S.4809 - Referred to Rules/A.5771 -
Referred to Economic Development. A.7298 - 2010

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3628

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 7, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- 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 real property
  law, in relation to providing for the filing of a state liquor author-
  ity order imposing against revoked  premises  a  proscription  against
  future licensure

  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
FOR  ANY PREMISES AND IMPOSING A PROSCRIPTION REFUSING THE ISSUANCE OF A
LICENSE UNDER THIS CHAPTER, 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, OR HAS ISSUED
AN  ORDER  MODIFYING  OR RESCINDING A PROSCRIPTION PREVIOUSLY IMPOSED, 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 SITU-
ATED AS AN ORDER AFFECTING REAL PROPERTY IN ACCORDANCE WITH SECTION  TWO
HUNDRED NINETY-SEVEN-B OF THE REAL PROPERTY LAW.
  S 2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05498-01-3

S. 3628                             2

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 3. This act shall take effect immediately.

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