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Assembly Bill A4639

2021-2022 Legislative Session

Prohibits the issuance of violations or fines for failure to properly supervise certain premises during the COVID-19 state disaster emergency

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Archive: Last Bill Status - In Assembly Committee

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2021-A4639 (ACTIVE) - Details

See Senate Version of this Bill:
S1665
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control

2021-A4639 (ACTIVE) - Summary

Prohibits the issuance of violations or fines for failure to properly supervise certain premises during the COVID-19 state disaster emergency for violations of Executive Order 202; provides that any other fine issued during the COVID-19 state disaster emergency shall be suspended if after six months the licensee does not have any subsequent violations.

2021-A4639 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4639
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CUSICK,  LUPARDO,  GRIFFIN  -- read once and
   referred to the Committee on Economic Development
 
 AN ACT to prohibit the issuance of violations or fines  for  failure  to
   properly supervise certain premises during the COVID-19 state disaster
   emergency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. No violation or fine shall be issued by  the  state  liquor
 authority, or its designee, to a licensee for failure to properly super-
 vise  their  premises  as  a result of a violation of an executive order
 issued during the duration of  the  state  disaster  emergency  declared
 pursuant  to Executive Order No. 202 of 2020, as amended, and as further
 extended by any  subsequent  or  future  executive  order,  unless  such
 violation  is  committed intentionally or recklessly pursuant to a prior
 written lawful order or direction to cease and desist such activities.
   For purposes of this act, it shall be a  presumption  that  the  first
 violation of failure to supervise their premises shall not be determined
 to  be  an  intentional  or  reckless  disregard for the executive order
 unless such violation is established by clear and convincing evidence to
 rebut such presumption.
   Any other fine issued by the state liquor authority to a licensee  for
 a  violation  of  an  executive  order issued during the duration of the
 state disaster emergency declared pursuant to Executive Order No. 202 of
 2020, as amended, and as further extended by any  subsequent  or  future
 executive  order,  shall  be suspended if after six months such licensee
 does not have a subsequent violation of the alcoholic  beverage  control
 law or an executive order issued during the duration of the state disas-
 ter  emergency  declared pursuant to Executive Order No. 202 of 2020, as
 amended, and as further extended by any subsequent or  future  executive
 order,  and  is  in compliance with the rules set forth in the license's
 application requirements.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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