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Assembly Bill A7041A

2021-2022 Legislative Session

Prohibits the liquor authority from revoking, suspending, or canceling certain liquor licenses without a hearing

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Archive: Last Bill Status - Stricken

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Bill Amendments

2021-A7041 - Details

See Senate Version of this Bill:
S6023
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §119, ABC L
Versions Introduced in Other Legislative Sessions:
2023-2024: A5659, S4627
2025-2026: A7269, S6607

2021-A7041 - Summary

Prohibits the liquor authority from revoking, suspending, or canceling a retail licensee's license without a hearing when the holder of the license was issued a summons for a violation that is unrelated to the sale or consumption of alcohol on premises.

2021-A7041 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7041
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2021
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   prohibiting the liquor authority from revoking, suspending, or cancel-
   ing certain liquor licenses without a hearing

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 119  of  the  alcoholic  beverage  control  law  is
 amended by adding a new subdivision 3-a to read as follows:
   3-A.  THE  LIQUOR  AUTHORITY  SHALL NOT REVOKE, SUSPEND, OR CANCEL THE
 LICENSE OF A RESTAURANT OR BAR THAT WAS ISSUED A SUMMONS FOR A VIOLATION
 THAT IS UNRELATED TO THE SALE OR CONSUMPTION OF ALCOHOL ON THE  PREMISES
 OF SUCH RESTAURANT OR BAR WITHOUT PROVIDING THE OWNER OF SUCH RESTAURANT
 OR  BAR  A  HEARING OR OTHER OPPORTUNITY TO BE HEARD ON WHY SUCH LICENSE
 SHOULD NOT BE REVOKED, SUSPENDED, OR  CANCELED.  IF  A  HEARING  IS  NOT
 PROVIDED  TO  SUCH  OWNER WITHIN THIRTY DAYS OF SERVICE OF SUCH SUMMONS,
 THE LIQUOR AUTHORITY SHALL  NOT  TAKE  ANY  FURTHER  ACTION  TO  REVOKE,
 SUSPEND,  OR CANCEL SUCH LICENSE UNTIL SUCH SUMMONS HAS BEEN ADJUDICATED
 IN COURT.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 summons issued on or after such date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09740-01-1

co-Sponsors

2021-A7041A (ACTIVE) - Details

See Senate Version of this Bill:
S6023
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §119, ABC L
Versions Introduced in Other Legislative Sessions:
2023-2024: A5659, S4627
2025-2026: A7269, S6607

2021-A7041A (ACTIVE) - Summary

Prohibits the liquor authority from revoking, suspending, or canceling a retail licensee's license without a hearing when the holder of the license was issued a summons for a violation that is unrelated to the sale or consumption of alcohol on premises.

2021-A7041A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7041--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2021
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Economic Development -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   prohibiting the liquor authority from revoking, suspending, or cancel-
   ing certain liquor licenses without a hearing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 119  of  the  alcoholic  beverage  control  law  is
 amended by adding a new subdivision 3-a to read as follows:
   3-A.  THE  LIQUOR  AUTHORITY  SHALL NOT REVOKE, SUSPEND, OR CANCEL THE
 LICENSE OF A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION THAT WAS ISSUED
 A SUMMONS FOR A VIOLATION THAT IS UNRELATED TO THE SALE  OR  CONSUMPTION
 OF ALCOHOL ON THE PREMISES OF SUCH LICENSEE WITHOUT PROVIDING THE LICEN-
 SEE  A  HEARING  OR  OTHER  OPPORTUNITY  TO BE HEARD ON WHY SUCH LICENSE
 SHOULD NOT BE REVOKED, SUSPENDED, OR  CANCELED.  IF  A  HEARING  IS  NOT
 PROVIDED TO SUCH LICENSEE WITHIN THIRTY DAYS OF SERVICE OF SUCH SUMMONS,
 THE  LIQUOR  AUTHORITY  SHALL  NOT  TAKE  ANY  FURTHER ACTION TO REVOKE,
 SUSPEND, OR CANCEL SUCH LICENSE UNTIL SUCH SUMMONS HAS BEEN  ADJUDICATED
 IN COURT.
   §  2.  This  act  shall take effect immediately and shall apply to all
 summons issued on or after such date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09740-03-1

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