NY State Senate Bill 2021-S9375

Senate Bill S9375

2021-2022 Legislative Session

Relates to prohibiting the renewal of a liquor license during the pendency of any disciplinary proceedings

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2022	referred to investigations and government operations

2021-S9375 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§109 & 119, ABC L

2021-S9375 (ACTIVE) - Summary

Prohibits the renewal of a liquor license during the pendency of any disciplinary proceedings.

2021-S9375 (ACTIVE) - Sponsor Memo

2021-S9375 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9375
 
                             I N  S E N A T E
 
                               May 20, 2022
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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
   prohibiting the renewal of a liquor license during the pendency of any
   disciplinary proceedings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  109  of  the  alcoholic beverage control law, as
 amended by chapter 630 of the laws of 1984, subdivision 1 as amended  by
 chapter  188 of the laws of 2013, subdivision 2 as amended by chapter 83
 of the laws of 1995 and as renumbered by chapter  560  of  the  laws  of
 2011, is amended to read as follows:
   §  109.  Renewals of licenses and permits. 1. Each license and permit,
 except a temporary permit effective for one day only, issued pursuant to
 this chapter may be renewed upon application therefor by the licensee or
 permittee and the payment of the annual fee for such license  or  permit
 as prescribed by this chapter. In the case of applications for renewals,
 the  liquor  authority may dispense with the requirements of such state-
 ments as it deems unnecessary in view of those contained in the applica-
 tion made for the original license or permit; provided, however, that no
 waiver of paragraph (f) of subdivision one of section one hundred ten of
 this article may be made. The submission of photographs of the  licensed
 premises shall be dispensed with provided the applicant for such renewal
 shall  file a statement with such authority to the effect that there has
 been no alteration of such  premises  since  the  original  license  was
 issued.  An  applicant  for a retail license for on-premises consumption
 shall also submit to the authority a copy of the  valid  certificate  of
 occupancy  or  such  other document issued by the local code enforcement
 agency for the premises for which the original license was  issued.  The
 liquor  authority may make such rules as may be necessary not inconsist-
 ent with this chapter regarding applications for  renewals  of  licenses
 and  permits  and  the  time for making the same.   THE LIQUOR AUTHORITY
 SHALL NOT PROCESS AN APPLICATION FOR OR ISSUE A RENEWAL OF  ANY  LICENSE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15923-01-2
 S. 9375                             2
 
 OR PERMIT DURING THE PENDENCY OF A HEARING TO REVOKE, CANCEL, OR SUSPEND
 SUCH LICENSE OR PERMIT.
   2.  [The]  EXCEPT  WHERE  THE  AUTHORITY  HAS COMMENCED PROCEEDINGS TO
 REVOKE, CANCEL OR SUSPEND A LICENSE,  THE  authority  shall  provide  an
 application  for renewal of a license issued under section sixty-four or
 sixty-four-a of this chapter not less than sixty days prior to the expi-
 ration of the current license.
   § 2. Subdivision 2 of section 119 of the  alcoholic  beverage  control
 law, as amended by chapter 83 of the laws of 1995, is amended to read as
 follows:
   2.  The  liquor authority may on its own initiative or on complaint of
 any person institute proceedings to revoke, cancel or suspend any retail
 license and may impose a civil penalty  against  the  licensee  after  a
 hearing at which the licensee shall be given an opportunity to be heard.
 Such hearing shall be held in such manner and upon such notice as may be
 prescribed  by  the  rules  of  the  liquor  authority. WHERE THE LIQUOR
 AUTHORITY HAS COMMENCED PROCEEDINGS UNDER THIS  SECTION  NO  APPLICATION
 FOR THE RENEWAL OF SUCH LICENSE SHALL BE PROCESSED OR GRANTED. THE CHAIR
 SHALL ESTABLISH PROCEDURES TO PROVIDE COMMUNICATION WITHIN THE AUTHORITY
 REGARDING THE STATUS OF PENDING DISCIPLINARY PROCEEDINGS.
   § 3. This act shall take effect immediately.

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