Bill Text: NY A00282 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides for the establishment of a New York city liquor authority to license and regulate the retail alcoholic beverage business in the city; provides for its functions, powers, and duties; places limits on conflicts of interest.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2010-01-06 - referred to economic development [A00282 Detail]
Download: New_York-2009-A00282-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
282
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. PHEFFER, MARKEY, GIANARIS, DINOWITZ, GOTTFRIED --
Multi-Sponsored by -- M. of A. BRENNAN, CLARK, COLTON, COOK, JACOBS,
JOHN, MAYERSOHN, MILLMAN, ROSENTHAL, TOWNS -- read once and referred
to the Committee on Economic Development, Job Creation, Commerce and
Industry
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing the creation of an alcoholic beverage control board in and
by the city of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Declaration of legislative findings and intent. The legis-
2 lature hereby finds, determines and declares that it is a matter of
3 state concern and in the interest of the people of the state to author-
4 ize the establishment of a city liquor authority in and by the city of
5 New York. The need for self-regulation of the sale of alcoholic beverag-
6 es by the city of New York is well documented. There are too many estab-
7 lishments in close proximity to each other that engage in the sale of
8 alcoholic beverages. This has resulted in an increase in noise, traffic,
9 litter, and criminal activities, especially late at night. Consequent-
10 ly, the quality of life in neighborhoods within the city of New York has
11 deteriorated. Therefore, the legislature finds and declares that the
12 creation of a city liquor authority would enable the city of New York to
13 more effectively and efficiently monitor these establishments and
14 enforce the alcoholic beverage control law. The legislature further
15 finds and declares that the creation of a city liquor authority will
16 help improve the quality of life in the city of New York as well as
17 insure compliance with other applicable laws.
18 It is the intent of the legislature to hereby authorize the establish-
19 ment of a city liquor authority in and by the city of New York in order
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03052-01-9
A. 282 2
1 to provide proper and adequate enforcement of the alcoholic beverage
2 control law.
3 S 2. The alcoholic beverage control law is amended by adding a new
4 article 3 to read as follows:
5 ARTICLE 3
6 NEW YORK CITY LIQUOR AUTHORITY
7 SECTION 30. DEFINITIONS.
8 31. AUTHORITY; COMMISSIONER.
9 32. DEPUTIES.
10 33. OFFICERS; EMPLOYEES; OFFICES.
11 34. DISQUALIFICATION OF COMMISSIONER AND EMPLOYEES OF THE
12 AUTHORITY.
13 35. FUNCTIONS, POWERS, AND DUTIES OF THE AUTHORITY.
14 36. NOTICE TO COMMUNITY BOARDS.
15 37. POWERS AND DUTIES OF THE COMMISSIONER.
16 38. NECESSARY PARTY.
17 S 30. DEFINITIONS. AS USED IN THIS ARTICLE:
18 1. "AUTHORITY" SHALL MEAN THE NEW YORK CITY LIQUOR AUTHORITY.
19 2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE NEW YORK CITY
20 LIQUOR AUTHORITY.
21 S 31. AUTHORITY; COMMISSIONER. THE CITY OF NEW YORK IS HEREBY AUTHOR-
22 IZED TO ESTABLISH AND MAINTAIN AN AUTHORITY TO REGULATE THE SALE OF
23 ALCOHOLIC BEVERAGES WITHIN ITS JURISDICTION AND ENFORCE LAWS AND REGU-
24 LATIONS THEREFOR, THE HEAD OF WHICH SHALL BE THE COMMISSIONER.
25 S 32. DEPUTIES. THE COMMISSIONER MAY APPOINT THREE DEPUTIES, ONE OF
26 WHOM MAY PERFORM ALL DUTIES AND EXERCISE ALL OF THE POWERS OF THE
27 COMMISSIONER WHEN SO AUTHORIZED BY INSTRUMENT IN WRITING TO BE FILED IN
28 THE OFFICES OF THE MAYOR AND THE COMPTROLLER OF THE CITY OF NEW YORK.
29 S 33. OFFICERS; EMPLOYEES; OFFICES. THE AUTHORITY SHALL HAVE THE POWER
30 TO APPOINT ANY NECESSARY COUNSELS, ASSISTANTS, INVESTIGATORS, HEARING
31 OFFICERS, AND OTHER EMPLOYEES. INVESTIGATORS SO EMPLOYED BY THE AUTHORI-
32 TY SHALL BE DEEMED TO BE PEACE OFFICERS FOR THE PURPOSE OF ENFORCING THE
33 PROVISIONS OF THIS CHAPTER OR JUDGMENTS OR ORDERS OBTAINED FOR VIOLATION
34 THEREOF, WITH ALL THE POWERS SET FORTH IN SECTION 2.20 OF THE CRIMINAL
35 PROCEDURE LAW. THE COUNSEL, SECRETARY, CHIEF EXECUTIVE OFFICER, COMMIS-
36 SIONERS, AND DEPUTIES SHALL BE IN THE EXEMPT CLASS OF THE CIVIL SERVICE.
37 THE OTHER ASSISTANTS, HEARING OFFICERS, INVESTIGATORS, AND EMPLOYEES OF
38 THE AUTHORITY SHALL ALL BE IN THE COMPETITIVE CLASS OF THE CIVIL
39 SERVICE.
40 S 34. DISQUALIFICATION OF COMMISSIONER AND EMPLOYEES OF THE AUTHORITY.
41 NO COMMISSIONER OF THE AUTHORITY OR ANY OFFICER, DEPUTY, HEARING OFFI-
42 CER, ASSISTANT, INSPECTOR, OR EMPLOYEE THEREOF SHALL HAVE AN INTEREST,
43 DIRECT OR INDIRECT, EITHER PROPRIETARY OR BY MEANS OF ANY LOAN, MORTGAGE
44 OR LIEN, OR IN ANY OTHER MANNER, IN ANY PREMISES WHERE ALCOHOLIC BEVER-
45 AGES ARE MANUFACTURED OR SOLD; NOR SHALL HAVE ANY INTEREST, DIRECT OR
46 INDIRECT, IN ANY BUSINESS WHOLLY OR PARTIALLY DEVOTED TO THE MANUFAC-
47 TURE, SALE, TRANSPORTATION, OR STORAGE OF ALCOHOLIC BEVERAGES, OR OWN
48 ANY STOCK IN ANY CORPORATION WHICH HAS ANY INTEREST, PROPRIETARY OR
49 OTHERWISE, DIRECT OR INDIRECT, IN ANY PREMISES WHERE ALCOHOLIC BEVERAGES
50 ARE MANUFACTURED OR SOLD, OR IN ANY BUSINESS WHOLLY OR PARTIALLY DEVOTED
51 TO THE MANUFACTURE, SALE, TRANSPORTATION OR STORAGE OF ALCOHOLIC BEVER-
52 AGES, OR RECEIVE ANY PROFIT WHATSOEVER, DIRECT OR INDIRECT, FROM ANY
53 PERSON APPLYING FOR OR RECEIVING ANY LICENSE OR PERMIT PROVIDED FOR IN
54 THIS CHAPTER, OR HOLD ANY OTHER PUBLIC OFFICE IN THE CITY OR IN ANY
55 POLITICAL SUBDIVISION, EXCEPT UPON WRITTEN PERMISSION OF THE NEW YORK
56 CITY CONFLICTS OF INTEREST BOARD.
A. 282 3
1 S 35. FUNCTIONS, POWERS, AND DUTIES OF THE AUTHORITY. THE AUTHORITY
2 SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS, AND DUTIES:
3 1. TO ISSUE OR REFUSE TO ISSUE ANY LICENSE OR PERMIT FOR THE SALE OF
4 ALCOHOLIC BEVERAGES AT RETAIL.
5 2. TO LIMIT, IN ITS DISCRETION, THE NUMBER OF LICENSES OF EACH CLASS
6 TO BE ISSUED WITHIN THE CITY OR ANY POLITICAL SUBDIVISION THEREOF AND,
7 IN CONNECTION THEREWITH, TO PROHIBIT THE ACCEPTANCE OF APPLICATIONS FOR
8 SUCH CLASS OR CLASSES OF LICENSES WHICH HAVE BEEN SO LIMITED.
9 3. TO REVOKE, CANCEL, OR SUSPEND FOR CAUSE ANY LICENSE OR PERMIT
10 ISSUED PURSUANT TO THIS CHAPTER AND/OR IMPOSE A CIVIL PENALTY FOR CAUSE
11 AGAINST ANY HOLDER OF A LICENSE OR PERMIT ISSUED PURSUANT TO THIS CHAP-
12 TER.
13 4. TO REMOVE ANY EMPLOYEE FOR CAUSE, CONSISTENT WITH APPLICABLE
14 COLLECTIVE BARGAINING AGREEMENTS OR LOCAL AND STATE LAWS, AFTER GIVING
15 SUCH EMPLOYEE A COPY OF THE CHARGES AGAINST HIM OR HER, IN WRITING, AND
16 AN OPPORTUNITY TO BE HEARD THEREON.
17 5. TO HOLD HEARINGS, SUBPOENA WITNESSES, COMPEL THEIR ATTENDANCE,
18 ADMINISTER OATHS, AND TO EXAMINE ANY PERSON UNDER OATH IN RELATION TO
19 ANY MATTERS, DETERMINATIONS, OR PROCEEDINGS PURSUANT TO THIS SECTION. A
20 SUBPOENA ISSUED PURSUANT TO THIS SECTION SHALL BE REGULATED BY THE CIVIL
21 PRACTICE LAW AND RULES.
22 6. TO MAKE AN ANNUAL REPORT TO THE MAYOR, THE CITY COUNCIL, AND EACH
23 BOROUGH PRESIDENT OF THE CITY OF NEW YORK OF ITS ACTIVITIES FOR THE
24 PRECEDING YEAR.
25 7. TO APPOINT SUCH ADVISORY GROUPS AND COMMITTEES AS IT DEEMS NECES-
26 SARY TO PROVIDE ASSISTANCE TO THE AUTHORITY TO CARRY OUT THE PURPOSES
27 AND OBJECTIVES OF THIS CHAPTER.
28 8. UPON RECEIPT OF A RESOLUTION ADOPTED BY THE COUNCIL OF THE CITY OF
29 NEW YORK REQUESTING FURTHER RESTRICTION OF HOURS OF SALE OF ALCOHOLIC
30 BEVERAGES WITHIN SUCH CITY, AND UPON NOTICE AND HEARING WITHIN THE CITY
31 OF NEW YORK, TO APPROVE OR DISAPPROVE SUCH HOURS WITHIN THE CITY OF NEW
32 YORK.
33 9. THE AUTHORITY SHALL EXERCISE ITS POWERS AND DUTIES IN A MANNER
34 CONSISTENT WITH ALL APPLICABLE LAWS.
35 S 36. NOTICE TO COMMUNITY BOARDS. AMONG OTHER INFORMATION THAT THE
36 AUTHORITY SHALL CONSIDER IN GRANTING OR REVOKING LICENSES, WHICH SHALL
37 BE DETAILED IN THE RULES AND REGULATIONS PROMULGATED PURSUANT TO SUBDI-
38 VISION SEVEN OF SECTION THIRTY-SEVEN OF THIS ARTICLE, THE AUTHORITY
39 SHALL NOTIFY LOCAL COMMUNITY BOARDS OF ANY PENDING ACTIONS, HEARINGS, OR
40 DETERMINATIONS WITHIN OR AFFECTING AREAS WITHIN SUCH COMMUNITY BOARD'S
41 JURISDICTION. SUCH NOTICE SHALL BE MADE IN WRITING AT LEAST FIFTEEN DAYS
42 PRIOR TO SUCH ACTION, HEARING, OR DETERMINATION. RESPONSES SUBMITTED BY
43 THE AFFECTED COMMUNITY BOARD SHALL BE CONSIDERED BY THE AUTHORITY WHERE
44 APPLICABLE.
45 S 37. POWERS AND DUTIES OF THE COMMISSIONER. THE COMMISSIONER SHALL
46 HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
47 1. TO EXERCISE THE POWERS AND PERFORM THE DUTIES IN RELATION TO THE
48 ADMINISTRATION OF THE AUTHORITY.
49 2. TO PERFORM THE ADMINISTRATIVE FUNCTIONS OF THE AUTHORITY.
50 3. TO KEEP RECORDS IN SUCH FORM AS HE OR SHE MAY PRESCRIBE OF ALL
51 LICENSES AND PERMITS ISSUED AND REVOKED WITHIN THE CITY OF NEW YORK;
52 SUCH RECORDS SHALL BE SO KEPT AS TO PROVIDE READY INFORMATION AS TO THE
53 IDENTITY OF ALL LICENSEES, INCLUDING THE NAMES OF THE OFFICERS AND
54 DIRECTORS OF CORPORATE LICENSEES AND THE LOCATION OF ALL LICENSED PREM-
55 ISES.
A. 282 4
1 4. TO INSPECT OR PROVIDE FOR THE INSPECTION OF ANY PREMISES WHERE
2 ALCOHOLIC BEVERAGES ARE MANUFACTURED OR SOLD.
3 5. TO PRESCRIBE FORMS OF APPLICATIONS FOR LICENSES AND PERMITS UNDER
4 THIS CHAPTER AND OF ALL REPORTS DEEMED NECESSARY BY THE AUTHORITY.
5 6. TO DELEGATE TO THE OFFICERS AND EMPLOYEES OF THE AUTHORITY SUCH OF
6 HIS OR HER POWERS AND DUTIES AS HE OR SHE MAY DETERMINE.
7 7. TO FORMULATE, ADOPT, PROMULGATE, AND ENFORCE, PURSUANT TO THE CITY
8 ADMINISTRATIVE PROCEDURE ACT, COMPLETE RULES, REGULATIONS, ORDERS, AND
9 DIRECTIONS FOR THE SECURITY OF LIFE AND HEALTH IN THE CITY, WHICH SHALL
10 NOT BE INCONSISTENT WITH THE STATE'S ALCOHOLIC BEVERAGE CONTROL LAWS.
11 S 38. NECESSARY PARTY. THE AUTHORITY SHALL BE A PARTY TO ALL ACTIONS
12 AND PROCEEDINGS AFFECTING IN ANY MANNER THE ISSUANCE OR REVOCATION OF
13 LICENSES TO RETAILERS AND TO ALL INJUNCTION PROCEEDINGS AGAINST LICENSED
14 RETAILERS WITHIN ITS JURISDICTION.
15 S 3. This act shall take effect on the first of January next succeed-
16 ing the date on which it shall have become a law and shall apply to all
17 licenses issued, renewed, modified, or altered on or after such effec-
18 tive date.
