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.
              

                                                            LBD08665-01-1

 S. 5979                             2
 
 AUTHORITY  DETERMINES  THAT  SUCH VIOLATION MAY RESULT IN SERIOUS ACTUAL
 HARM, OR MAY PRESENT AN ENDANGERMENT TO PUBLIC SAFETY, HUMAN  HEALTH  OR
 THE ENVIRONMENT, IS A VIOLATION OF HUMAN OR CIVIL RIGHTS LAW, RESULTS IN
 LOSS  OF EMPLOYEE WAGES OR BENEFITS, INTERFERES WITH ANY REMEDY, REVIEW,
 OR RESOLUTION RELATED TO HARASSMENT OR DISCRIMINATION CLAIMS, WAS OR  IS
 A  WILLFUL  VIOLATION, INVOLVES TAX FRAUD, VIOLATES REQUIREMENTS RELATED
 TO FEDERAL FUNDING TO THE STATE, RELATES TO STATE  FUNDING  OR  PROCURE-
 MENT,  IS SIMILAR TO PRIOR VIOLATIONS, IS A PENAL LAW VIOLATION, RELATES
 TO A MATERIAL OR SUBSTANTIVE PORTION OF THE LICENSEE'S BUSINESS,  OR  IS
 IN  CONTRAVENTION  OF THE PUBLIC INTEREST AND/OR POLICY REFLECTED BY THE
 AUTHORITY'S MISSION. UPON SUCH FIRST VIOLATION, THE AUTHORITY SHALL  (I)
 PROVIDE  THE  LICENSEE  WITH A COPY OF THE APPLICABLE RULE OR REGULATION
 GUIDES PURSUANT TO SECTION ONE HUNDRED TWO-A OF THE STATE ADMINISTRATIVE
 PROCEDURE ACT AND ANY OTHER HELPFUL GUIDANCE  OR  INFORMATION  DETAILING
 THE  AUTHORITY'S  RULES  AND  REGULATIONS,  TO THE EXTENT SUCH MATERIALS
 EXIST, OR (II) TO THE EXTENT PRACTICABLE, PROVIDE SUCH LICENSEE  ASSIST-
 ANCE  WITH  COMPLIANCE  WITH THE AUTHORITY'S RULES AND REGULATIONS.  THE
 AUTHORITY SHALL HAVE THE DISCRETION TO DETERMINE THE APPROPRIATE  PERIOD
 OF  TIME  TO ALLOW SUCH LICENSEE TO CURE OR TAKE SUCH OTHER AMELIORATIVE
 ACTION TO ADDRESS SUCH VIOLATION, WHICH SHALL BE  REASONABLE  BUT  SHALL
 NOT BE LESS THAN FIFTEEN BUSINESS DAYS AND NOT MORE THAN TWENTY BUSINESS
 DAYS UNLESS A LONGER PERIOD IS ALLOWED PURSUANT TO LAW OR REGULATION.
   §  2.  Subdivision  5 of section 130 of the alcoholic beverage control
 law is REPEALED.
   § 3. This act shall take effect on the forty-fifth day after it  shall
 have become a law.