senate Bill S5529B

Signed By Governor
2013-2014 Legislative Session

Relates to on-premises license or permit for the provision of alcohol by a volunteer firefighters' organization

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 21, 2014 signed chap.412
Oct 09, 2014 delivered to governor
Apr 07, 2014 returned to senate
passed assembly
ordered to third reading cal.517
substituted for a7618b
Mar 26, 2014 referred to economic development
delivered to assembly
passed senate
Mar 20, 2014 advanced to third reading
Mar 19, 2014 2nd report cal.
Mar 18, 2014 1st report cal.304
Feb 10, 2014 print number 5529b
amend (t) and recommit to investigations and government operations
Jan 08, 2014 referred to investigations and government operations
returned to senate
died in assembly
Jun 12, 2013 referred to economic development
delivered to assembly
passed senate
Jun 05, 2013 amended on third reading 5529a
Jun 04, 2013 advanced to third reading
Jun 03, 2013 2nd report cal.
May 30, 2013 1st report cal.843
May 16, 2013 referred to investigations and government operations

Votes

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Mar 18, 2014 - Investigations and Government Operations committee Vote

S5529B
8
1
committee
8
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Mar 18, 2014

nay (1)

May 30, 2013 - Investigations and Government Operations committee Vote

S5529
7
0
committee
7
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: May 30, 2013

aye wr (1)
excused (1)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S5529 - Bill Details

See Assembly Version of this Bill:
A7618B
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §128, add §128-b ABC L

S5529 - Bill Texts

view summary

Relates to on-premises license or permit for the provision of alcohol by a volunteer firefighters organization where a police office serving as an officer of such organization.

view sponsor memo
BILL NUMBER:S5529

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to police officers allowed to work in licensed premises

PURPOSE OR GENERAL IDEA OF BILL: This bill directs the state liquor
authority to promulgate rules and regulations so that police officers
axe able to serve as officers of fire companies, fire departments, and
volunteer fire companies that hold licenses issued by the authority.

SUMMARY OF SPECIFIC PROVISIONS:

Section One amends section 128-a of the alcoholic and beverage control
law, to require the state liquor authority to promulgate rules and
regulations enabling a police officer, who has permission from his
commanding officer, to serve on the board of a fire company, fire
department, or volunteer fire company that holds a license issued by
the authority.

Section two is the effective date

JUSTIFICATION: Police officers are prohibited from being directly or
indirectly interested in the sale of alcoholic beverages pursuant to
section l2 of the alcoholic beverage control law. This prohibition has
been interpreted to disqualify a police officer from serving as an
officer of a fire company, fire department, or volunteer fire company
that holds a catering license.

It is in the best interest of the public to have members of their
local police force also participate in local fire fighting functions.
Police officers have extensive knowledge of the communities and people
that they protect and serve. They should not be prohibited from
offering this additional public service.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become law.

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

                                  5529

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- 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,  in  relation  to
  police officers allowed to work in licensed premises

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

  Section 1. Section 128-a of the alcoholic  beverage  control  law,  as
amended  by  chapter  678  of  the  laws  of 2002, is amended to read as
follows:
  S 128-a. Police officers allowed  to  work  in  licensed  premises  in
certain  cases.  1. Notwithstanding any inconsistent provision of law to
the contrary, the authority shall promulgate such rules and  regulations
as  may  be  necessary  to  provide  that it shall not be unlawful for a
police officer employed in this state,  having  written  permission  and
consent  from  his commanding officer, to work in a premises licensed to
sell beer at retail for off-premises consumption  under  section  fifty-
four  of  this chapter or to work solely as a security guard or director
of traffic on the premises of  a  volunteer  firefighters'  organization
licensed  to sell beer and wine at retail pursuant to a temporary permit
for on-premises consumption under section ninety-seven of this chapter.
  2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE  CONTRARY,
THE  AUTHORITY  SHALL  PROMULGATE  SUCH  RULES AND REGULATIONS AS MAY BE
NECESSARY TO PROVIDE THAT IT SHALL NOT BE UNLAWFUL FOR ANY POLICE  OFFI-
CIAL  OR  SUBORDINATE  OF  ANY POLICE DEPARTMENT EMPLOYED IN THIS STATE,
HAVING WRITTEN PERMISSION AND CONSENT FROM HIS  COMMANDING  OFFICER,  TO
SERVE  AS  AN  OFFICER  OF A FIRE COMPANY, FIRE DEPARTMENT, OR VOLUNTEER
FIREFIGHTERS' ORGANIZATION LICENSED TO SELL BEER OR WINE PURSUANT  TO  A
PERMIT ISSUED BY THE AUTHORITY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10948-01-3

S5529A - Bill Details

See Assembly Version of this Bill:
A7618B
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §128, add §128-b ABC L

S5529A - Bill Texts

view summary

Relates to on-premises license or permit for the provision of alcohol by a volunteer firefighters organization where a police office serving as an officer of such organization.

view sponsor memo
BILL NUMBER:S5529A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to police officers allowed to work in licensed premises

PURPOSE OR GENERAL IDEA OF BILL:

This bill directs the state liquor authority to promulgate rules and
regulations so that police officers are able to serve as officers of
fire companies, fire departments, and volunteer fire companies that
hold licenses and permits issued by the authority.

SUMMARY OF SPECIFIC PROVISIONS:

Section One amends section 128-a of the alcoholic and beverage control
law, to require the state liquor authority to promulgate rules and
regulations enabling a police officer, who has permission from his
commanding officer, to serve on the board of a fire company, fire
department, or volunteer fire company that holds a license or permit
issued by the authority.

Section two is the effective date

JUSTIFICATION:

Police officers are prohibited from being directly or indirectly
interested in the sale of alcoholic beverages pursuant to section 128
of the alcoholic beverage control law. This prohibition has been
interpreted to disqualify a police officer from serving as an officer
of a fire company, fire department, or volunteer fire company that
holds certain licenses or permits issued by the authority.

It is in the best interest of the public to have members of their
local police force also participate in local fire fighting functions.
Police officers have extensive knowledge of the communities and people
that they protect and serve. They should not be prohibited from
offering this additional public service.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become law.

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

                                 5529--A
    Cal. No. 843

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- reported favorably from said committee, ordered  to
  first  and  second  report,  ordered  to  a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  police officers allowed to work in licensed premises

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

  Section 1. Section 128-a of the alcoholic  beverage  control  law,  as
amended  by  chapter  678  of  the  laws  of 2002, is amended to read as
follows:
  S 128-a. Police officers allowed to work OR SERVE in licensed premises
in certain cases. 1. Notwithstanding any inconsistent provision  of  law
to  the  contrary,  the  authority shall promulgate such rules and regu-
lations as may be necessary to provide that it shall not be unlawful for
a police officer employed in this state, having written  permission  and
consent  from  his commanding officer, to work in a premises licensed to
sell beer at retail for off-premises consumption  under  section  fifty-
four  of  this chapter or to work solely as a security guard or director
of traffic on the premises of  a  volunteer  firefighters'  organization
licensed  to sell beer and wine at retail pursuant to a temporary permit
for on-premises consumption under section ninety-seven of this chapter.
  2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE  CONTRARY,
THE  AUTHORITY  SHALL  PROMULGATE  SUCH  RULES AND REGULATIONS AS MAY BE
NECESSARY TO PROVIDE THAT IT SHALL NOT BE UNLAWFUL FOR ANY POLICE  OFFI-
CIAL  OR  SUBORDINATE  OF  ANY POLICE DEPARTMENT EMPLOYED IN THIS STATE,
HAVING WRITTEN PERMISSION AND CONSENT FROM HIS  COMMANDING  OFFICER,  TO
SERVE  AS  AN  OFFICER  OF A FIRE COMPANY, FIRE DEPARTMENT, OR VOLUNTEER
FIREFIGHTERS' ORGANIZATION HOLDING A LICENSE OR  PERMIT  ISSUED  BY  THE
AUTHORITY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10948-04-3

S5529B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7618B
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §128, add §128-b ABC L

S5529B (ACTIVE) - Bill Texts

view summary

Relates to on-premises license or permit for the provision of alcohol by a volunteer firefighters organization where a police office serving as an officer of such organization.

view sponsor memo
BILL NUMBER:S5529B

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to on-premises license or permit for the provision of alcohol
by a volunteer firefighters' organization

PURPOSE OR GENERAL IDEA OF BILL: This bill provides that a police
officer shall be allowed to serve as an officer of a volunteer
firefighters' organization that holds a license or permit for the
provision of alcohol for on-premise consumption.

SUMMARY OF SPECIFIC PROVISIONS:

Section One amends subdivision 1 of section 128 of the alcohol and
beverage control law by adding an exception, pursuant to new section
128-b, as established in section two of this bill, which would allow a
police officer to be indirectly interested in the sale of alcoholic
beverages under certain circumstances.

Section two establishes new section 128-b of the alcohol and beverage
control law, which specifies that a police officer shall not be
precluded from serving as an officer of a volunteer firefighters'
organization on the sole basis that the organization holds a license
or permit to sell alcohol for on-premise consumption. This section
also specifies that the state liquor authority shall not be precluded
from issuing a license or permit to the volunteer firefighters'
organization on the basis that a police officer is serving as an
officer of the organization.

Section three is the effective date

JUSTIFICATION: Police officers are prohibited from being directly or
indirectly interested in the sale of alcoholic beverages pursuant to
section 128 of the alcoholic beverage control law. This prohibition
has been interpreted to disqualify a police officer from serving as an
officer of a fire company, fire department, or volunteer fire company
that holds a catering license.

It is in the best interest of the public to have members of their
local police force also participate in local fire fighting functions.
Police officers have extensive knowledge of the communities and people
that they protect and serve. They should not be prohibited from
offering this additional public service.

PRIOR LEGISLATIVE HISTORY: Passed in the Senate in 2014 (61-0)

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5529--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- reported favorably from said committee, ordered  to
  first  and  second  report,  ordered  to  a third reading, amended and
  ordered reprinted, retaining its place in the order of  third  reading
  -- recommitted to the Committee on Investigations and Government Oper-
  ations  in  accordance  with  Senate  Rule  6,  sec.  8  --  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
  on-premises license or permit for the provision of alcohol by a volun-
  teer firefighters' organization

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

  Section 1. Subdivision 1 of section  128  of  the  alcoholic  beverage
control  law,  as amended by chapter 885 of the laws of 1985, is amended
to read as follows:
  1. Except as otherwise provided in section one hundred  twenty-eight-a
AND  SECTION  ONE  HUNDRED  TWENTY-EIGHT-B  OF THIS ARTICLE, it shall be
unlawful  for  any  police  commissioner,  police  inspector,   captain,
sergeant,  roundsman,  patrolman or other police official or subordinate
of any police department in the state, to be either  directly  or  indi-
rectly  interested  in the manufacture or sale of alcoholic beverages or
to offer for sale, or recommend to any licensee any alcoholic beverages.
A person may not be denied any license granted under the  provisions  of
sections  fifty-four,  fifty-five,  fifty-nine, sixty-three, sixty-four,
seventy-nine, eighty-one, or article seven of this chapter solely on the
grounds of being the spouse of a public servant described in this subdi-
vision. The solicitation or recommendation  made  to  any  licensee,  to
purchase  any  alcoholic beverages by any police official or subordinate
as hereinabove described, shall be presumptive evidence of the  interest

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10948-07-4

S. 5529--B                          2

of  such official or subordinate in the manufacture or sale of alcoholic
beverages.
  S  2.  The  alcoholic  beverage control law is amended by adding a new
section 128-b to read as follows:
  S 128-B. POLICE OFFICERS ALLOWED TO SERVE AS AN OFFICER OF A VOLUNTEER
FIREFIGHTERS' ORGANIZATION. NOTWITHSTANDING ANY  INCONSISTENT  PROVISION
OF LAW TO THE CONTRARY, A VOLUNTEER FIREFIGHTERS' ORGANIZATION SHALL NOT
BE  PRECLUDED  FROM  APPLYING FOR AN ON-PREMISES LICENSE OR PERMIT UNDER
THE PROVISIONS OF THIS CHAPTER DUE TO THE PRESENCE OF A  POLICE  OFFICER
SERVING AS AN OFFICER OF SUCH ORGANIZATION AND THE STATE LIQUOR AUTHORI-
TY SHALL BE AUTHORIZED TO ISSUE SUCH LICENSE OR PERMIT.
  S 3. This act shall take effect immediately.

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