|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 24, 2022||signed chap.21|
delivered to governor
|Jan 26, 2022||returned to assembly|
3rd reading cal.139
substituted for s7765
|Jan 26, 2022||substituted by a8693|
|Jan 18, 2022||ordered to third reading cal.139|
|Jan 11, 2022||referred to rules|
senate Bill S7765Signed By Governor
Current Bill Status Via A8693 - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
S7765 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd §§118 & 130, ABC L (as proposed in S.5979 & A.5972)
S7765 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7765 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 PURPOSE: This is a chapter amendment that makes changes to provisions of L.2021, c.738, changing which section of the Alcoholic Beverage Control (ABC) Law is being amended and removing the changes to the section of Law previously amended. SUMMARY OF PROVISIONS: Section 1 adds to the definition of "for cause" in § 118 of the ABC Law to include failure to cure a violation as per subdivision six of this section.
S7765 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7765 I N S E N A T E January 11, 2022 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 118 of the alcoholic beverage control law is amended by adding a new paragraph (c) to read as follows: (C) AS USED IN THIS SECTION, THE TERM "FOR CAUSE" SHALL ALSO INCLUDE A LICENSEE'S OR PERMITTEE'S FAILURE TO CURE A VIOLATION OF LAW OR RULE IN THE TIME PERIOD PRESCRIBED BY THE AUTHORITY PURSUANT TO SUBDIVISION SIX OF THIS SECTION. § 2. Section 118 of the alcoholic beverage control law is amended by adding a new subdivision 6 to read as follows: 6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, IN LIEU OF COMMENCEMENT OF A DISCIPLINARY PROCEEDING AGAINST A LICENSEE OR PERMIT- TEE, FOR A FIRST-TIME VIOLATION OF EITHER A PROVISION OF THIS CHAPTER OR A RULE OF THE AUTHORITY THAT IS DEEMED BY THE AUTHORITY UNDER ITS DISCRETION TO BE DE MINIMIS UNDER THE CIRCUMSTANCES, AND IS RELATED TO (I) AN ADMINISTRATIVE PROCESS, OR (II) PAPERWORK REQUESTED OR RECEIVED BY THE AUTHORITY, OR (III) ACTS OR OMISSIONS OF THE LICENSEE OR PERMIT- TEE, THE AUTHORITY SHALL PROVIDE A CURE PERIOD OR OTHER OPPORTUNITY FOR AMELIORATIVE ACTION IF THE VIOLATION CAN BE CORRECTED. (B) UPON SUCH FIRST-TIME VIOLATION, THE AUTHORITY SHALL (I) PROVIDE THE LICENSEE WITH A COPY OF THE APPLICABLE LAW OR RULE AND ANY OTHER HELPFUL GUIDANCE OR INFORMATION EXPLAINING SUCH LAW OR RULE, TO THE EXTENT SUCH MATERIALS EXIST, OR (II) TO THE EXTENT PRACTICABLE, PROVIDE SUCH LICENSEE ASSISTANCE WITH COMPLIANCE WITH THE LAW OR THE AUTHORITY'S RULES. (C) THE AUTHORITY SHALL HAVE THE DISCRETION TO DETERMINE THE APPROPRI- ATE 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 TWEN- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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