The New York State Senate

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

                                   909

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Veterans' Affairs

AN ACT to amend the general business law, in relation to requiring a one
  hundred  twenty-day  warning  period for certain violations at certain
  veterans' organization facilities

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

  Section 1. The general business law is amended by adding a new section
397-b to read as follows:
  S  397-B.  WARNING  PERIOD FOR CERTAIN VIOLATIONS AT CERTAIN VETERANS'
ORGANIZATION FACILITIES. 1. BEFORE ANY  MONETARY  FINES  ARE  ISSUED  OR
APPLIED  BY  ANY  MUNICIPAL OR HEALTH AGENCY TO THE OWNER OR OPERATOR OF
ANY PLACE, POST, FACILITY OR HALL OWNED OR OPERATED BY A CONGRESSIONALLY
CHARTERED VETERANS' GROUP, A WARNING PERIOD OF ONE HUNDRED  TWENTY  DAYS
SHALL TAKE PLACE DURING WHICH TIME SUCH GROUP SHALL BE ABLE TO CURE SUCH
VIOLATION.    IF, AT THE END OF SUCH ONE HUNDRED TWENTY-DAY PERIOD, SUCH
VIOLATION CONTINUES, THEN A MONETARY  FINE  MAY  BE  ISSUED  OR  APPLIED
PROVIDED,  THAT AFTER SUCH ONE HUNDRED TWENTY-DAY PERIOD, SUCH VETERANS'
ORGANIZATION MAY REQUEST AN EXTENSION OF TIME TO  CURE  SUCH  VIOLATION.
SUCH  REQUEST  SHALL  BE  MADE  IN WRITING AND SHALL INCLUDE PROOF OF AN
ATTEMPT TO CURE SUCH VIOLATION WITHIN SUCH PERIOD.   THE  PROVISIONS  OF
THIS  SECTION  SHALL  NOT:  (A)  APPLY  TO ANY IMMINENT LIFE THREATENING
BUILDING CODE OR HEALTH CODE VIOLATION WHICH NECESSITATES  AN  EMERGENCY
CLOSURE  OF  A  FACILITY;  OR (B) BE CONSTRUED TO APPLY TO OR EFFECT ANY
VIOLATION OF THE ALCOHOLIC BEVERAGE CONTROL LAW MADE BY A FACILITY.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM  "CONGRESSIONALLY  CHAR-
TERED  VETERANS'  GROUP"  SHALL  MEAN  ANY VETERANS' GROUP THAT HAS BEEN
CHARTERED BY THE UNITED STATES CONGRESS UNDER TITLE  36  OF  THE  UNITED
STATES CODE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02800-01-5