Bill Text: NY A03118 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to posting of certain signs on premises that sell alcoholic beverages informing residents about the state liquor authority's complaint website and hotline.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to economic development [A03118 Detail]
Download: New_York-2017-A03118-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3118 2017-2018 Regular Sessions IN ASSEMBLY January 26, 2017 ___________ Introduced by M. of A. SIMOTAS -- read once and referred to the Commit- tee on Economic Development AN ACT to amend the alcohol beverage control law, in relation to posting of certain signs on premises that sell alcoholic beverages The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 105-b of the alcohol beverage control law, as added 2 by chapter 57 of the laws of 1991 and subdivision 4 as amended by chap- 3 ter 731 of the laws of 1991, is amended to read as follows: 4 § 105-b. Posting of certain signs. 1. The authority shall prepare, 5 have printed and distribute across the state to all persons with a 6 license to sell any alcoholic beverage for consumption on the premises 7 or a license to sell any alcoholic beverage for consumption off the 8 premises, a sign or poster with conspicuous lettering that states: 9 "Government Warning: According to the Surgeon General, women should not 10 drink alcoholic beverages during pregnancy because of the risk of birth 11 defects". Such sign or poster must have conspicuous lettering in at 12 least seventy-two point bold face type that states the warning set forth 13 in this subdivision, except that such sign or poster shall be captioned 14 with the word "warning" in at least two inch lettering. 15 2. All persons with a license to sell any alcoholic beverage for 16 consumption on the premises or a license to sell any alcoholic beverage 17 for consumption off the premises shall display in a conspicuous place 18 the sign or poster upon receiving it from the authority. Such sign shall 19 be placed as close as possible to the place where alcoholic beverages 20 are sold. 21 3. All persons with a license to sell any alcoholic beverage for 22 consumption on the premises or a license to sell any alcoholic beverage 23 for consumption off the premises shall display in a conspicuous place a 24 sign or poster with information on the authority's phone number and 25 website to report a complaint. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01108-01-7A. 3118 2 1 4. Any person with such license who violates the provisions of this 2 section shall be subject to a civil penalty, not to exceed one hundred 3 dollars for each day of violation. 4 [4.]5. Compliance with the provisions of any local law requiring the 5 posting of signs containing warnings regarding alcoholic beverages 6 enacted on or before the date on which the provisions of this section 7 shall have become a law, shall be deemed to be in compliance with the 8 provisions of this section. Nothing contained herein, however, shall be 9 deemed to exempt any licensee not otherwise subject to the provisions of 10 any such local law from complying with the provisions of this section. 11 § 2. Subdivision 2 of section 131 of the alcohol beverage control law, 12 as added by section 1 of part J of chapter 56 of the laws of 2006, is 13 amended to read as follows: 14 2. (a) In any case where the authority receives notification from the 15 mayor, chief of police, police commissioner, sheriff, or local legisla- 16 tive body of any city, town or village which certifies that continued 17 operation of an on-premises establishment poses a significant threat to 18 the public health, safety, or welfare requiring immediate action, the 19 authority shall assign responsibility for conducting an investigation 20 concerning such premises to the task force. In the city of New York, the 21 community board established pursuant to section twenty-eight hundred of 22 the New York city charter with jurisdiction over the area in which such 23 premises is located shall be considered the appropriate local legisla- 24 tive body. 25 (b) In any case where the authority receives a phone call to the 26 reporting hotline or a submission from the authority's website complaint 27 form, the authority shall review the submission and make a reasonable 28 determination whether to open a task force investigation or not. The 29 complaint website shall be readily and easily accessible through the 30 authority's official state agency website. The website shall have input 31 fields to enter contact information of complainant, but will not require 32 these fields so that the form may be submitted anonymously as well. 33 § 3. This act shall take effect immediately.
