Assembly Bill A10869

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10869
 
                           I N  A S S E M B L Y
 
                               April 8, 2026
                                ___________
 
 Introduced  by  M. of A. GRAY -- read once and referred to the Committee
   on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   establishing closing hours for certain licensed premises due to recur-
   ring law enforcement interventions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "responsible neighborhood preservation act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares  that  the operation of licensed premises for the sale of alco-
 holic beverages can have a significant impact on the quality of life  in
 the  neighborhoods  where  such  premises  are  located. The legislature
 further finds that repeated law enforcement interventions  at  the  same
 premises  can be indicative of management practices that are detrimental
 to the health, safety, and welfare of the community. It  is,  therefore,
 the  intent of the legislature to encourage the responsible operation of
 such premises and to provide for the mitigation of  adverse  impacts  on
 the community.
   §  3.  The  alcoholic  beverage control law is amended by adding a new
 section 132 to read as follows:
   § 132. ADJUSTMENT OF CLOSING HOURS FOLLOWING RECURRING LAW ENFORCEMENT
 RESPONSE. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR  REGU-
 LATION  TO  THE  CONTRARY, ANY PREMISES LICENSED UNDER THIS CHAPTER THAT
 HAS REQUIRED A RESPONSE BY LAW ENFORCEMENT OFFICERS ON MORE  THAN  THREE
 SEPARATE  OCCASIONS  IN  ANY  ONE  CALENDAR MONTH SHALL HAVE ITS CLOSING
 HOURS ADJUSTED TO NO LATER THAN MIDNIGHT ON ALL DAYS OF THE WEEK, FOR  A
 PERIOD OF NO LESS THAN SIX MONTHS.
   2.  FOR  THE  PURPOSES OF THIS SECTION, A "RESPONSE BY LAW ENFORCEMENT
 OFFICERS" SHALL MEAN ANY INSTANCE WHERE  LAW  ENFORCEMENT  OFFICERS  ARE
 DISPATCHED  TO  THE LICENSED PREMISES IN RESPONSE TO A CALL OR COMPLAINT
 ALLEGING ACTIVITIES INCLUDING, BUT NOT LIMITED TO,  DISORDERLY  CONDUCT,
 NOISE  VIOLATIONS,  FIGHTS,  DISTURBANCES, PUBLIC INTOXICATION, OR OTHER
 CRIMINAL ACTIVITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14285-01-5
 A. 10869                            2
 
   3. THE STATE LIQUOR AUTHORITY SHALL PROMULGATE RULES  AND  REGULATIONS
 NECESSARY FOR THE ENFORCEMENT OF THIS SECTION, INCLUDING BUT NOT LIMITED
 TO  THE  ESTABLISHMENT  OF  A  PROCESS FOR DOCUMENTING AND VERIFYING LAW
 ENFORCEMENT RESPONSES AND A PROCESS FOR THE LICENSED PREMISES TO  APPEAL
 THE ADJUSTMENT OF CLOSING HOURS.
   4. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL PREMISES LICENSED
 UNDER THIS CHAPTER LOCATED IN THE STATE OF NEW YORK.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that the state liquor authority is
 authorized  and  directed  to promulgate rules and regulations necessary
 for the implementation of this act on or before such date.