senate Bill S5979

2021-2022 Legislative Session

Provides for alternative penalties for a first time violation of certain provisions of the alcoholic beverage control law; repealer

download bill text pdf

Sponsored By

Current Bill Status Via A5972 - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 returned to assembly
passed senate
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

Votes

view votes

Jun 10, 2021 - Rules committee Vote

S5979
21
0
committee
21
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Apr 19, 2021 - Investigations and Government Operations committee Vote

S5979
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Apr 19, 2021

S5979 (ACTIVE) - Details

See Assembly Version of this Bill:
A5972
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

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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