senate Bill S7728

Vetoed By Governor
2015-2016 Legislative Session

Relates to clarifying the basis upon which the state liquor authority has the authority to revoke, suspend or cancel a license or permit

download bill text pdf

Sponsored By

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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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

Co-Sponsors

S7728 - Details

See Assembly Version of this Bill:
A10248
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง118, ABC L

S7728 - 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 - Sponsor Memo

S7728 - 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