senate Bill S4085

Signed By Governor
2015-2016 Legislative Session

Relates to definition of "for cause" in instances of revocation of licenses

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Archive: Last Bill Status Via A6857 - Signed by Governor


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

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 29, 2016 signed chap.336
Sep 20, 2016 delivered to governor
Jun 17, 2016 returned to assembly
passed senate
3rd reading cal.49
substituted for s4085b
Jun 18, 2016 substituted by a6857a
Jun 01, 2016 amended on third reading 4085b
Feb 29, 2016 amended on third reading 4085a
Jan 26, 2016 advanced to third reading
Jan 25, 2016 2nd report cal.
Jan 21, 2016 1st report cal.49
Jan 06, 2016 referred to investigations and government operations
Jun 25, 2015 committed to rules
May 27, 2015 advanced to third reading
May 20, 2015 2nd report cal.
May 19, 2015 1st report cal.745
Feb 26, 2015 referred to investigations and government operations

Votes

view votes

Jan 21, 2016 - Investigations and Government Operations committee Vote

S4085
7
0
committee
7
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Jan 21, 2016

aye wr (2)

May 19, 2015 - Investigations and Government Operations committee Vote

S4085
7
1
committee
7
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: May 19, 2015

nay (1)
aye wr (1)

S4085 - Details

See Assembly Version of this Bill:
A9112
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §118, ABC L
Versions Introduced in 2013-2014 Legislative Session:
S5751, A7816

S4085 - Summary

Relates to adding to definition of "for cause" in instances of revocation of licenses.

S4085 - Sponsor Memo

S4085 - Bill Text download pdf

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

                                  4085

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- 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  the
  definition of "for cause" revocation of licenses

  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 SECTION, THE TERM "FOR CAUSE" SHALL  ALSO  INCLUDE
DELIBERATELY  MISLEADING  THE AUTHORITY ON THE NATURE OF THE BUSINESS TO
BE OPERATED ON THE LICENSED PREMISES OR CHANGING THE NATURE OF THE BUSI-
NESS AT THE LICENSED PREMISES DURING THE LICENSING PERIOD WITHOUT  SEEK-
ING PRIOR APPROVAL FROM THE AUTHORITY.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03948-01-5

S4085A - Details

See Assembly Version of this Bill:
A9112
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §118, ABC L
Versions Introduced in 2013-2014 Legislative Session:
S5751, A7816

S4085A - Summary

Relates to adding to definition of "for cause" in instances of revocation of licenses.

S4085A - Sponsor Memo

S4085A - Bill Text download pdf

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

                                 4085--A
    Cal. No. 49

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the alcoholic beverage control law, in relation  to  the
  definition of "for cause" revocation of licenses

  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 SECTION, THE TERM "FOR CAUSE" SHALL ALSO  INCLUDE,
FOR LICENSEES THAT SELL ALCOHOLIC BEVERAGES FOR ON PREMISES CONSUMPTION:
(I) (A) DELIBERATELY MISLEADING THE AUTHORITY AS TO THE NATURE AND CHAR-
ACTER  OF  THE  BUSINESS  TO  BE  OPERATED ON THE LICENSED PREMISES, (B)
MAKING ANY SUBSTANTIAL ALTERATION TO A LICENSED PREMISES WITHOUT OBTAIN-
ING THE APPROPRIATE PERMISSION AND APPROVALS PURSUANT TO  SECTION  NINE-
TY-NINE-D  OF  THIS CHAPTER, OR (C) SUBSTANTIALLY ALTERING THE NATURE OR
CHARACTER OF SUCH BUSINESS AT THE LICENSED PREMISES DURING THE LICENSING
PERIOD WITHOUT SEEKING APPROPRIATE PRIOR APPROVALS FROM  THE  AUTHORITY,
OR  IF  SUCH SUBSTANTIAL ALTERATION DOES NOT SATISFY, MEET OR CONFORM TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03948-07-6

S4085B (ACTIVE) - Details

See Assembly Version of this Bill:
A9112
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §118, ABC L
Versions Introduced in 2013-2014 Legislative Session:
S5751, A7816

S4085B (ACTIVE) - Summary

Relates to adding to definition of "for cause" in instances of revocation of licenses.

S4085B (ACTIVE) - Sponsor Memo

S4085B (ACTIVE) - Bill Text download pdf

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

                                 4085--B
    Cal. No. 49

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading -- again amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the alcoholic beverage control law, in relation  to  the
  definition of "for cause" revocation of licenses

  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) (I) AS USED IN THIS SECTION,  THE  TERM  "FOR  CAUSE"  SHALL  ALSO
INCLUDE,  FOR  LICENSEES  THAT  SELL ALCOHOLIC BEVERAGES FOR ON PREMISES
CONSUMPTION, DELIBERATELY MISLEADING THE AUTHORITY:
  (A) AS TO THE NATURE AND CHARACTER OF THE BUSINESS TO BE  OPERATED  ON
THE LICENSED PREMISES; OR
  (B) BY SUBSTANTIALLY ALTERING THE NATURE OR CHARACTER OF SUCH BUSINESS
AT  THE  LICENSED  PREMISES  DURING THE LICENSING PERIOD WITHOUT SEEKING
APPROPRIATE APPROVALS FROM THE AUTHORITY.
  (II) AS USED IN THIS SUBDIVISION, THE TERM "SUBSTANTIALLY ALTERING THE
NATURE OR CHARACTER" OF SUCH BUSINESS SHALL MEAN ANY SIGNIFICANT  ALTER-
ATION  IN THE SCOPE OF BUSINESS ACTIVITIES CONDUCTED AT A LICENSED PREM-
ISES THAT WOULD REQUIRE OBTAINING AN ALTERNATE FORM OF LICENSE.
  S 2. This act shall take effect immediately.

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