Bill Text: NY A02092 | 2011-2012 | General Assembly | Introduced


Bill Title: Empowers the state liquor authority to authorize municipalities to restrict the hours of sale of alcoholic beverages within the municipality upon submission of proof that the hours of operation impact crime rates within the municipality.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to economic development [A02092 Detail]

Download: New_York-2011-A02092-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2092
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2011
                                      ___________
       Introduced  by  M.  of  A.  ZEBROWSKI  --  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
         empowering  the  state liquor authority to authorize municipalities to
         restrict the hours of sale of alcoholic beverages within  the  munici-
         pality  upon  submission  of  proof that the hours of operation impact
         crime rates within the municipality
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 17 of the alcoholic beverage control law is amended
    2  by adding a new subdivision 11-a to read as follows:
    3    11-A. (A) TO AUTHORIZE A MUNICIPALITY TO RESTRICT THE HOURS OF SALE OF
    4  ALCOHOLIC BEVERAGES WITHIN SUCH MUNICIPALITY UPON:
    5    (1)  RECEIPT  OF  A  RESOLUTION ADOPTED BY THE BOARD OF SUPERVISORS OR
    6  LEGISLATIVE BODY OF A MUNICIPALITY  REQUESTING  FURTHER  RESTRICTION  OF
    7  HOURS  OF  SALE OF ALCOHOLIC BEVERAGES WITHIN SUCH MUNICIPALITY UPON THE
    8  GROUNDS THAT THE STATISTICS OR REPORTS, AS ACCEPTABLE TO THE  AUTHORITY,
    9  INDICATE  THAT  CRIME RATES HAVE INCREASED DURING THE PERMITTED HOURS OF
   10  SALE OF ALCOHOLIC BEVERAGES IN THE MUNICIPALITY;
   11    (2) RECEIPT OF A RESOLUTION ADOPTED BY THE  BOARD  OF  SUPERVISORS  OR
   12  LEGISLATIVE  BODY  OF  THE  COUNTY  IN WHICH THE MUNICIPALITY IS LOCATED
   13  REQUESTING FURTHER RESTRICTION OF HOURS OF SALE OF  ALCOHOLIC  BEVERAGES
   14  WITHIN THE MUNICIPALITY UPON THE GROUNDS THAT THE STATISTICS OR REPORTS,
   15  AS ACCEPTABLE TO THE AUTHORITY, INDICATE THAT CRIME RATES HAVE INCREASED
   16  DURING THE PERMITTED HOURS OF SALE OF ALCOHOLIC BEVERAGES IN THE MUNICI-
   17  PALITY;
   18    (3)  A FINDING BY THE AUTHORITY THAT SUCH INCREASE IS DIRECTLY RELATED
   19  TO THE PERMITTED HOURS OF SALE OF ALCOHOLIC  BEVERAGES  IN  THE  MUNICI-
   20  PALITY AND THAT RESTRICTED HOURS OF SALE WOULD BE BENEFICIAL IN REDUCING
   21  SUCH CRIME RATES; AND
   22    (4) NOTICE AND HEARING WITHIN SUCH MUNICIPALITY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00710-01-1
       A. 2092                             2
    1    (B) AUTHORIZATION GRANTED PURSUANT TO THIS SUBDIVISION SHALL BE GRANT-
    2  ED FOR A PERIOD NOT TO EXCEED TWO YEARS, PROVIDED THAT THE AUTHORITY MAY
    3  EXTEND  SUCH  PERIOD FOR AN ADDITIONAL TWO YEARS UPON RECEIPT OF A JOINT
    4  APPLICATION BY THE BOARD OF SUPERVISORS OR LEGISLATIVE BODY OF THE MUNI-
    5  CIPALITY  AND THE BOARD OF SUPERVISORS OR LEGISLATIVE BODY OF THE COUNTY
    6  IN WHICH THE MUNICIPALITY IS LOCATED, AND A FINDING  BY  THE  AUTHORITY,
    7  BASED  UPON  A  COMPREHENSIVE  REVIEW,  THAT  THE  RESTRICTION  HAS BEEN
    8  SUCCESSFUL IN SUBSTANTIALLY REDUCING THE CRIME RATES WITHIN THE  MUNICI-
    9  PALITY  AND A SHOWING BY THE BOARD OF SUPERVISORS OR LEGISLATIVE BODY OF
   10  THE MUNICIPALITY AND THE BOARD OF SUPERVISORS OR LEGISLATIVE BODY OF THE
   11  COUNTY IN WHICH THE MUNICIPALITY IS LOCATED OF THE  CONTINUED  NECESSITY
   12  OF SUCH RESTRICTIONS.
   13    (C)  IN  NO  EVENT  SHALL A MUNICIPALITY RESTRICT THE HOURS OF SALE OF
   14  ALCOHOLIC BEVERAGES FOR MORE THAN THREE HOURS IN  ANY  TWENTY-FOUR  HOUR
   15  PERIOD.  ANY  RESTRICTION  AUTHORIZED  UNDER  THIS  SUBDIVISION SHALL BE
   16  APPLIED TO ALL SALES OF ALCOHOLIC BEVERAGES THROUGHOUT THE MUNICIPALITY.
   17    S 2. This act shall take effect on the ninetieth day  after  it  shall
   18  have become a law.
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