senate Bill S4446A

Vetoed By Governor
2015-2016 Legislative Session

Limits the authority of the state liquor authority to penalize licensees based on perceived violations of the laws of other states, unless certain conditions are met

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Sponsored By

Archive: Last Bill Status Via A5920 - Vetoed by Governor


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 11, 2015 tabled
vetoed memo.281
Nov 30, 2015 delivered to governor
Jun 16, 2015 returned to assembly
passed senate
substituted for s4446a
Jun 16, 2015 substituted by a5920a
Jun 01, 2015 advanced to third reading
May 28, 2015 2nd report cal.
amended 4446a
May 27, 2015 1st report cal.932
Mar 20, 2015 referred to investigations and government operations

Votes

view votes

May 27, 2015 - Investigations and Government Operations committee Vote

S4446
6
1
committee
6
Aye
1
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: May 27, 2015

nay (1)
aye wr (1)
excused (1)

Co-Sponsors

view additional co-sponsors

S4446 - Details

See Assembly Version of this Bill:
A5920A
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §17, ABC L

S4446 - Summary

Limits the authority of the state liquor authority to penalize licensees based on perceived violations of the laws of other states, unless certain conditions are met.

S4446 - Sponsor Memo

S4446 - Bill Text download pdf

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

                                  4446

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by  Sen.  BOYLE  -- 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
  limiting  the  authority  of  the  state  liquor authority to penalize
  licensees based on perceived violations of the laws of  other  states,
  unless  the conduct in question amounts to an independent violation of
  the alcoholic beverage control law  or  has  resulted  in  a  criminal
  conviction in another state

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

  Section 1. Subdivision 3 of  section  17  of  the  alcoholic  beverage
control law, as amended by section 2 of chapter 355 of the laws of 2013,
is amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under  this  chapter  and/or to impose a civil penalty for cause against
any holder of a license or  permit  issued  pursuant  to  this  chapter,
PROVIDED, HOWEVER, THAT THE LIQUOR AUTHORITY SHALL NOT HAVE THE POWER TO
REVOKE,  CANCEL,  OR  SUSPEND  ANY  LICENSE  OR IMPOSE ANY CIVIL PENALTY
AGAINST ANY HOLDER OF A LICENSE OR PERMIT BASED UPON CONDUCT  WHICH  THE
AUTHORITY  DETERMINES  TO  BE IN VIOLATION OF THE LAWS OF ANOTHER STATE,
UNLESS SUCH CONDUCT INDEPENDENTLY VIOLATES A SPECIFIC PROVISION OF  THIS
CHAPTER,  OR  UNLESS DUE PROCESS OF LAW HAS BEEN PROVIDED BY AUTHORITIES
OF COMPETENT JURISDICTION IN  SUCH  OTHER  STATE  AND  THE  LICENSEE  OR
PERMITTEE  IS FOUND GUILTY BY SUCH AUTHORITIES OF VIOLATING SUCH STATE'S
LAWS.  Any civil penalty so imposed shall not  exceed  the  sum  of  ten
thousand  dollars  as  against  the  holder  of any retail permit issued
pursuant to sections ninety-five,  ninety-seven,  ninety-eight,  ninety-
nine-d,  and  paragraph f of subdivision one of section ninety-nine-b of
this chapter, and as against the holder of  any  retail  license  issued
pursuant    to    sections   [fifty-two,]   fifty-three-a,   fifty-four,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09265-01-5

Co-Sponsors

view additional co-sponsors

S4446A (ACTIVE) - Details

See Assembly Version of this Bill:
A5920A
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §17, ABC L

S4446A (ACTIVE) - Summary

Limits the authority of the state liquor authority to penalize licensees based on perceived violations of the laws of other states, unless certain conditions are met.

S4446A (ACTIVE) - Sponsor Memo

S4446A (ACTIVE) - Bill Text download pdf

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

                                 4446--A
    Cal. No. 932

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by  Sens.  BOYLE,  AMEDORE,  CROCI,  MARCHIONE, RANZENHOFER,
  ROBACH, SERRANO, SEWARD -- 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 report, amended on first report, ordered to a second report  and
  ordered reprinted, retaining its place in the order of second report

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  limiting the authority of  the  state  liquor  authority  to  penalize
  licensees  based  on perceived violations of the laws of other states,
  unless the conduct in question amounts to an independent violation  of
  the  alcoholic  beverage  control  law  or  has resulted in a criminal
  conviction in another state

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

  Section  1.  Subdivision  3  of  section  17 of the alcoholic beverage
control law, as amended by section 2 of chapter 355 of the laws of 2013,
is amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty  for  cause  against
any  holder  of  a  license  or  permit issued pursuant to this chapter,
PROVIDED, HOWEVER, THAT THE LIQUOR AUTHORITY SHALL NOT HAVE THE POWER TO
REVOKE, CANCEL OR SUSPEND  ANY  LICENSE  OR  IMPOSE  ANY  CIVIL  PENALTY
AGAINST ANY HOLDER OF A LICENSE OR PERMIT BASED UPON CONDUCT OUTSIDE NEW
YORK,  OR VIOLATIONS OF ANOTHER STATE'S LAW, UNLESS, FOLLOWING DUE PROC-
ESS OF LAW, INCLUDING, BUT NOT LIMITED TO A FULL OPPORTUNITY TO BE HEARD
THE AUTHORIZED PUBLIC AGENCY  OR  OFFICIAL  HAVING  LAWFUL  JURISDICTION
DETERMINES  THAT  SUCH  LICENSEE  OR PERMITTEE HAS VIOLATED SUCH STATE'S
LAWS OR REGULATIONS, SUCH DETERMINATION IS FINAL, AND EITHER:
  (A) SUCH WRONGFUL CONDUCT INDEPENDENTLY VIOLATES A SPECIFIC  PROVISION
OF THIS CHAPTER; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09265-04-5

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