senate Bill S7765

Signed By Governor
2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status Via A8693 - Signed by Governor


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 24, 2022 signed chap.21
delivered to governor
Jan 26, 2022 returned to assembly
passed senate
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

S7765 (ACTIVE) - Details

See Assembly Version of this Bill:
A8693
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§118 & 130, ABC L (as proposed in S.5979 & A.5972)

S7765 (ACTIVE) - Summary

Provides for alternative penalties for a first time violation of certain provisions of the alcoholic beverage control law; includes a definition for "for cause" in relation to such violations.

S7765 (ACTIVE) - Sponsor Memo

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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