assembly Bill A5920A

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 - 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 (17)
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 15, 2015 referred to rules
delivered to senate
passed assembly
Jun 10, 2015 ordered to third reading rules cal.240
rules report cal.240
reported
Jun 02, 2015 reported referred to rules
May 26, 2015 print number 5920a
May 26, 2015 amend and recommit to codes
Apr 28, 2015 reported referred to codes
Mar 09, 2015 referred to economic development

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5920 (ACTIVE) - Details

See Senate Version of this Bill:
S4446
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §17, ABC L

A5920 (ACTIVE) - Summary

Limits 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.

A5920 (ACTIVE) - Bill Text download pdf

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

                                  5920

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2015
                               ___________

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

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,
fifty-four-a, fifty-five, fifty-five-a, sixty-three, sixty-four,  sixty-

 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

Multi-Sponsors

A5920A (ACTIVE) - Details

See Senate Version of this Bill:
S4446
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §17, ABC L

A5920A (ACTIVE) - Summary

Limits 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.

A5920A (ACTIVE) - Bill Text download pdf

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

                                 5920--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2015
                               ___________

Introduced  by  M. of A. STECK, QUART, PAULIN, FAHY, CYMBROWITZ, CUSICK,
  RAIA -- Multi-Sponsored by -- M. of A. COOK, McDONOUGH  --  read  once
  and  referred to the Committee on Economic Development -- reported and
  referred to the Committee  on  Codes  --  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
  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.
                                                           LBD09265-03-5

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