Assembly Bill A4072

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4072
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 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  law
   enforcement responses and premises closing times
 
   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 on 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 106-c to read as follows:
   § 106-C. LAW  ENFORCEMENT  RESPONSES.  1.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW,  RULE,  OR  REGULATION TO THE CONTRARY, ANY LICENSED
 PREMISES UNDER THIS CHAPTER THAT HAS REQUIRED A RESPONSE BY LAW ENFORCE-
 MENT 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 "LAW ENFORCEMENT RESPONSE"
 SHALL MEAN ANY INSTANCE WHERE LAW ENFORCEMENT OFFICERS ARE DISPATCHED TO
 THE LICENSED PREMISES IN RESPONSE TO A CALL OR COMPLAINT ALLEGING ACTIV-
 ITIES,  INCLUDING  BUT  NOT  LIMITED  TO   DISORDERLY   CONDUCT,   NOISE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08243-01-5
 A. 4072                             2
              

 
 VIOLATIONS, FIGHTS, DISTURBANCES, PUBLIC INTOXICATION, OR OTHER CRIMINAL
 ACTIVITY.
   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. 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.