Senate Bill S2823

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

                                  2823

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

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.
                                                           LBD01374-01-5
              

S. 2823                             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.