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Assembly Bill A9112A

2015-2016 Legislative Session

Expands the definition of "for cause" in instances of revocation of on premises consumption alcoholic beverage licenses

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2015-A9112 - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §118, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A7816

2015-A9112 - Summary

Relates to adding to definition of "for cause" in instances of revocation of on premises consumption alcoholic beverage licenses; authorizes municipalities to apply to the state liquor authority for the revocation, cancellation or suspension of the licenses of a licensed premises, or imposition of a civil penalty.

2015-A9112 - Bill Text download pdf 

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

                                  9112

                          I N  A S S E M B L Y

                            January 28, 2016
                               ___________

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

AN ACT to amend the alcoholic beverage control law, in relation  to  the
  definition of "for cause" revocation of licenses

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

  Section 1. 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. (A) As used in this  section,  the  term  "for  cause"  shall  also
include  the  existence  of a sustained and continuing pattern of noise,
disturbance, 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.
  (B) AS USED IN THIS SECTION, THE TERM "FOR CAUSE" SHALL  ALSO  INCLUDE
DELIBERATELY  MISLEADING  THE AUTHORITY ON THE NATURE OF THE BUSINESS TO
BE OPERATED ON THE LICENSED PREMISES OR CHANGING THE NATURE OF THE BUSI-
NESS AT THE LICENSED PREMISES DURING THE LICENSING PERIOD WITHOUT  SEEK-
ING PRIOR APPROVAL FROM THE AUTHORITY.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03948-01-5

co-Sponsors

multi-Sponsors

2015-A9112A (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §118, ABC L
Versions Introduced in 2013-2014 Legislative Session:
A7816

2015-A9112A (ACTIVE) - Summary

Relates to adding to definition of "for cause" in instances of revocation of on premises consumption alcoholic beverage licenses; authorizes municipalities to apply to the state liquor authority for the revocation, cancellation or suspension of the licenses of a licensed premises, or imposition of a civil penalty.

2015-A9112A (ACTIVE) - Bill Text download pdf 

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

                                 9112--A

                          I N  A S S E M B L Y

                            January 28, 2016
                               ___________

Introduced by M. of A. SEPULVEDA, MONTESANO -- read once and referred to
  the  Committee  on  Economic Development -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  definition of "for cause" revocation of licenses

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

  Section  1.  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.  (A)  As  used  in  this  section,  the term "for cause" shall also
include the existence of a sustained and continuing  pattern  of  noise,
disturbance,  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.
  (B)  AS USED IN THIS SECTION, THE TERM "FOR CAUSE" SHALL ALSO INCLUDE,
FOR LICENSEES THAT SELL ALCOHOLIC BEVERAGES FOR ON PREMISES CONSUMPTION:
(I) (A) DELIBERATELY MISLEADING THE AUTHORITY AS TO THE NATURE AND CHAR-
ACTER OF THE BUSINESS TO BE  OPERATED  ON  THE  LICENSED  PREMISES,  (B)
MAKING ANY SUBSTANTIAL ALTERATION TO A LICENSED PREMISES WITHOUT OBTAIN-
ING  THE  APPROPRIATE PERMISSION AND APPROVALS PURSUANT TO SECTION NINE-
TY-NINE-D OF THIS CHAPTER, OR (C) SUBSTANTIALLY ALTERING THE  NATURE  OR
CHARACTER OF SUCH BUSINESS AT THE LICENSED PREMISES DURING THE LICENSING
PERIOD  WITHOUT  SEEKING APPROPRIATE PRIOR APPROVALS FROM THE AUTHORITY,
OR IF SUCH SUBSTANTIAL ALTERATION DOES NOT SATISFY, MEET OR  CONFORM  TO
THE UNDERLYING CONDITIONS OR STIPULATIONS TO OPERATE SUCH LICENSED PREM-
ISES UNDER THE TERMS OF THE LICENSE THEREFOR; AND
  (II) CAUSES SIGNIFICANT INCREASES IN THE INCIDENTS OF PUBLIC DISORDER-
LY  CONDUCT, EITHER INSIDE OR OUTSIDE THAT LICENSED PREMISES, OR ENCOUR-
AGES OR CONDONES A SUBSTANTIAL OR CONTINUING PATTERN OF NOISE,  DISTURB-
ANCES,  MISCONDUCT,  DISORDER,  OR  COMMISSION OF CRIMINAL ACTIVITY THAT
ADVERSELY AFFECTS THE HEALTH, WELFARE AND SAFETY OF THE  INHABITANTS  OF

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

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