|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 10, 2021||returned to assembly|
3rd reading cal.1782
substituted for s5979
|Jun 10, 2021||substituted by a5972|
ordered to third reading cal.1782
committee discharged and committed to rules
|Apr 19, 2021||reported and committed to finance|
|Mar 24, 2021||referred to investigations and government operations|
senate Bill S5979
Current Bill Status Via A5972 - Passed Senate & Assembly
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5979 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd §130, rpld §130 sub 5, ABC L
S5979 (ACTIVE) - Summary
Provides for alternative penalties for a first time violation of a state liquor authority rule or regulation related to administrative or paperwork violations submitted to or requested by the authority or to actions or omissions that are determined by the authority to be de minimus under the circumstances.
S5979 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5979 SPONSOR: SKOUFIS TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to providing for alternative penalties for a first time violation of certain provisions of the alcoholic beverage control law; and to repeal certain provisions of such law related thereto PURPOSE OR GENERAL IDEA OF BILL: To provide the State Liquor Authority (SLA) with the authority to provide a cure period or other opportunity for ameliorative action to for a first-time violation of the Alcoholic Beverage Control Law (ABCL), an authority rule, or regulation, if such violation is related to admin- istrative or paperwork violations that are not a health or safety risk. SUMMARY OF SPECIFIC PROVISIONS: This bill amends the ABCL to provide SLA with the ability to provide a
S5979 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5979 2021-2022 Regular Sessions I N S E N A T E March 24, 2021 ___________ Introduced by Sen. SKOUFIS -- 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 providing for alternative penalties for a first time violation of certain provisions of the alcoholic beverage control law; and to repeal certain provisions of such law related thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 130 of the alcoholic beverage control law, as amended by chapter 321 of the laws of 1977, is amended to read as follows: 3. (A) Any violation by any person of any provision of this chapter for which no punishment or penalty is otherwise provided shall be a misdemeanor, provided, however, that the provisions of this [subdivi- sion] PARAGRAPH shall not apply to the prohibitions provided for in subdivision six-a of section one hundred six of this [chapter] ARTICLE. (B) IN LIEU OF SUCH MISDEMEANOR PENALTY AS PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION, FOR A FIRST TIME VIOLATION OF EITHER THIS CHAP- TER, AN AUTHORITY RULE, OR REGULATION, ANY OF WHICH ARE RELATED TO ADMINISTRATIVE OR PAPERWORK VIOLATIONS SUBMITTED TO OR REQUESTED BY THE AUTHORITY OR TO ACTIONS OR OMISSIONS THAT ARE REASONABLY DETERMINED BY THE AUTHORITY TO BE DE MINIMUS UNDER THE CIRCUMSTANCES, THE AUTHORITY SHALL PROVIDE FOR A CURE PERIOD OR OTHER OPPORTUNITY FOR AMELIORATIVE ACTION IF THE VIOLATION CAN BE CORRECTED, THE SUCCESSFUL COMPLETION OF WHICH WILL PREVENT THE IMPOSITION OF PENALTIES ON THE PARTY OR PARTIES SUBJECT TO ENFORCEMENT OF SUCH VIOLATION. PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO THE PROHIBITIONS PROVIDED FOR IN SECTION SIXTY-FIVE OR SUBDIVISION SIX-A OF SECTION ONE HUNDRED SIX OF THIS CHAPTER. FURTHER, NO WAIVER OF PENALTIES OR CURE PERIOD OR OTHER OPPORTUNITY FOR AMELIORATIVE ACTION MAY BE GIVEN IF THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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