Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Nov 04, 2016 | tabled vetoed memo.223 |
Oct 26, 2016 | delivered to governor |
Jun 17, 2016 | returned to assembly passed senate 3rd reading cal.2004 substituted for s7728 |
Jun 17, 2016 | substituted by a10248 ordered to third reading cal.2004 committee discharged and committed to rules |
May 12, 2016 | referred to investigations and government operations |
senate Bill S7728
Vetoed By GovernorSponsored By
Phil Boyle
(R) 4th Senate District
Archive: Last Bill Status Via A10248 - Vetoed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Vetoed by Governor
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Co-Sponsors
Michael H. Ranzenhofer
(R, C, IP) 0 Senate District
S7728 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10248
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd ยง118, ABC L
S7728 (ACTIVE) - Summary
Relates to clarifying the basis upon which the state liquor authority has the authority to revoke, suspend or cancel a license or permit by excluding perceived violations of the laws of other states unless the conduct falls within certain exceptions and established standards in statute for the delivery of beverage alcohol.
S7728 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7728 TITLE OF BILL : An act to amend the alcoholic beverage control law, in relation to clarifying the basis upon which the state liquor authority has the authority to revoke, suspend or cancel a license or permit by excluding perceived violations of the laws of other states unless the conduct falls within certain exceptions and establishes standards in statute for the delivery of alcoholic beverage PURPOSE OR GENERAL IDEA OF BILL : To amend the alcoholic beverage control law to clarify the State Liquor Authority's (SLA) legal authority to enforce what it perceives that the laws of other states require concerning any New York State issued license or permit. The bill provides that, with certain exceptions, the SLA cannot make any judgment as to the requirements of any other state as to a particular licensee/permittee until such licensee/permittee has exhausted its due process rights in such other state. SUMMARY OF PROVISIONS : Section 1. Amends subdivision 3 of section 118 of the alcoholic beverage control law by excluding conduct which the authority
S7728 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7728 I N S E N A T E May 12, 2016 ___________ 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 clar- ifying the basis upon which the state liquor authority has the author- ity to revoke, suspend or cancel a license or permit by excluding perceived violations of the laws of other states unless the conduct falls within certain exceptions and establishes standards in statute for the delivery of alcoholic beverage 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 CHAPTER, THE TERM "FOR CAUSE" SHALL NOT INCLUDE CONDUCT BY A LICENSEE OUTSIDE NEW YORK OR VIOLATIONS OF ANOTHER STATE'S LAWS OR REGULATIONS UNLESS: (I) SUCH CONDUCT INDEPENDENTLY VIOLATES A SPECIFIC PROVISION OF THIS CHAPTER; (II) THE LICENSEE OR PERMITTEE IS FOUND GUILTY BY AUTHORITIES IN ANOTHER STATE OF VIOLATING SUCH STATE'S LAWS FOR HAVING ENGAGED IN SUCH CONDUCT PROVIDED THAT DUE PROCESS OF LAW, INCLUDING AN OPPORTUNITY TO BE HEARD AND PRESENT EVIDENCE, HAS BEEN PROVIDED TO THE LICENSEE OR PERMIT- TEE BY AUTHORITIES OF COMPETENT JURISDICTION IN SUCH OTHER STATE; (III) THE OTHER STATE NOTIFIES THE LICENSEE THAT SUCH CONDUCT IS A VIOLATION OF THAT STATE'S LAW AND, AFTER HAVING REQUESTED THAT THE LICENSEE CEASE AND DESIST FROM ENGAGING IN SUCH CONDUCT, THE LICENSEE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15453-01-6
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