NY State Senate Bill 2015-S6826

Senate Bill S6826

2015-2016 Legislative Session

Relates to posting of certain signs on premises that sell alcoholic beverages and complaints via phone call or website reporting on-premises establishment poses a threat to public health or safety

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 25, 2016	referred to investigations and government operations

2015-S6826 (ACTIVE) - Details

See Assembly Version of this Bill:: A9886
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§105-b & 131, ABC L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1830, A3118
2019-2020: A1016

2015-S6826 (ACTIVE) - Summary

Relates to posting of certain signs on premises that sell alcoholic beverages informing residents about the state liquor authority's complaint website and hotline.

2015-S6826 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6826

 TITLE OF BILL :

An act to amend the alcohol beverage control law, in relation to
posting of certain signs on premises that sell alcoholic beverages

 PURPOSE :

Directs the State Liquor Authority to post signs in establishments
licensed to sell alcohol beverages for on- and off-premise consumption
informing residents of the authority's complaint website and hotline,
and directs the authority to investigate each received complaint.

 SUMMARY OF PROVISIONS :

Section 1: Amends section 105-b of the alcohol beverage control law,
as added by chapter 57 of the laws of 1991 and subdivision 4 as
amended by chapter 731 of the laws of 1991 to require the posting of
signs at on- and off-premise alcohol-serving establishments informing
residents of the state liquor authority's complaint website and
hotline, and directs the authority to investigate each received
complaint.

Section 2: Contains the effective date.

 JUSTIFICATION :

While most establishments make efforts to remain a positive part of
the fabric of the local community, some small businesses can attract
crime. Unfortunately, corner shops, delis, bodegas, and other such
stops sometimes end up engaging in illegal activities such as selling
alcohol to underage adults, the sales of individual cigarettes, the
sales of other drug paraphernalia, and other minor infractions. When
businesses degrade their services to this level, it attracts other
criminals and decreases the overall experience and feel of that
neighborhood.

This legislation would empower local communities with the knowledge
needed to report such activity to the state liquor authority. Once a
premises is licensed to sell alcoholic beverages, they are held to
another authority beyond the police - to follow all the laws of New
York State. If one of these businesses is breaking those laws, their
alcohol sales license is in jeopardy as well. Through providing
contact information for the state liquor authority in these
establishments, local residents who see criminal activity may be able
to inform the authority that such businesses are harming their
neighborhoods.

Currently, the authority receives police reports as well as local
government resolutions of criminal activity at licensees, but if those
documents are not sent over, the authority is not always aware of a
situation. By residents being able to connect to the authority with
these minor issues that might go unnoticed otherwise, local citizens
have the opportunity to improve their neighborhoods.

The legislation also ensures that the state liquor authority reviews
each submitted complaint and evaluates the need for a full
investigation. This explicit review clause provides the complainant
with the reassurance of knowing their complaint is taken seriously.

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :
None

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6826 (ACTIVE) - Bill Text download pdf

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

                                  6826

                            I N  S E N A T E

                            February 25, 2016
                               ___________

Introduced  by  Sen. KENNEDY -- 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 alcohol beverage control law, in relation to posting
  of certain signs on premises that sell alcoholic beverages

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

  Section 1. Section 105-b of the alcohol beverage control law, as added
by  chapter 57 of the laws of 1991 and subdivision 4 as amended by chap-
ter 731 of the laws of 1991, is amended to read as follows:
  S 105-b. Posting of certain signs. 1.  The  authority  shall  prepare,
have  printed  and  distribute  across  the  state to all persons with a
license to sell any alcoholic beverage for consumption on  the  premises
or  a  license  to  sell  any alcoholic beverage for consumption off the
premises, a sign or  poster  with  conspicuous  lettering  that  states:
"Government  Warning: According to the Surgeon General, women should not
drink alcoholic beverages during pregnancy because of the risk of  birth
defects".    Such  sign  or poster must have conspicuous lettering in at
least seventy-two point bold face type that states the warning set forth
in this subdivision, except that such sign or poster shall be  captioned
with the word "warning" in at least two inch lettering.
  2.  All  persons  with  a  license  to sell any alcoholic beverage for
consumption on the premises or a license to sell any alcoholic  beverage
for  consumption  off  the premises shall display in a conspicuous place
the sign or poster upon receiving it from the authority. Such sign shall
be placed as close as possible to the place  where  alcoholic  beverages
are sold.
  3.  ALL  PERSONS  WITH  A  LICENSE  TO SELL ANY ALCOHOLIC BEVERAGE FOR
CONSUMPTION ON THE PREMISES OR A LICENSE TO SELL ANY ALCOHOLIC  BEVERAGE
FOR  CONSUMPTION OFF THE PREMISES SHALL DISPLAY IN A CONSPICUOUS PLACE A
SIGN OR POSTER WITH INFORMATION ON  THE  AUTHORITY'S  PHONE  NUMBER  AND
WEBSITE TO REPORT A COMPLAINT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14289-01-6

S. 6826                             2

  4.  Any  person  with such license who violates the provisions of this
section shall be subject to a civil penalty, not to exceed  one  hundred
dollars for each day of violation.
  [4.]5.  Compliance  with the provisions of any local law requiring the
posting of  signs  containing  warnings  regarding  alcoholic  beverages
enacted  on  or  before the date on which the provisions of this section
shall have become a law, shall be deemed to be in  compliance  with  the
provisions  of this section. Nothing contained herein, however, shall be
deemed to exempt any licensee not otherwise subject to the provisions of
any such local law from complying with the provisions of this section.
  S 2. Subdivision 2 of section 131 of the alcohol beverage control law,
as added by section 1 of part J of chapter 56 of the laws  of  2006,  is
amended to read as follows:
  2.  (A) In any case where the authority receives notification from the
mayor, chief of police, police commissioner, sheriff, or local  legisla-
tive  body  of  any city, town or village which certifies that continued
operation of an on-premises establishment poses a significant threat  to
the  public  health,  safety, or welfare requiring immediate action, the
authority shall assign responsibility for  conducting  an  investigation
concerning such premises to the task force. In the city of New York, the
community  board established pursuant to section twenty-eight hundred of
the New York city charter with jurisdiction over the area in which  such
premises  is  located shall be considered the appropriate local legisla-
tive body.
  (B) IN ANY CASE WHERE THE AUTHORITY  RECEIVES  A  PHONE  CALL  TO  THE
REPORTING HOTLINE OR A SUBMISSION FROM THE AUTHORITY'S WEBSITE COMPLAINT
FORM,  THE  AUTHORITY  SHALL REVIEW THE SUBMISSION AND MAKE A REASONABLE
DETERMINATION WHETHER TO OPEN A TASK FORCE  INVESTIGATION  OR  NOT.  THE
COMPLAINT  WEBSITE  SHALL  BE  READILY AND EASILY ACCESSIBLE THROUGH THE
AUTHORITY'S OFFICIAL STATE AGENCY WEBSITE. THE WEBSITE SHALL HAVE  INPUT
FIELDS TO ENTER CONTACT INFORMATION OF COMPLAINANT, BUT WILL NOT REQUIRE
THESE FIELDS SO THAT THE FORM MAY BE SUBMITTED ANONYMOUSLY AS WELL.
  S 3. This act shall take effect immediately.

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