Bill Text: NY A05771 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to filing of an order imposing against revoked premises a proscription against future licensure.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-01 - held for consideration in economic development [A05771 Detail]

Download: New_York-2011-A05771-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5771
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 28, 2011
                                      ___________
       Introduced  by M. of A. TOBACCO -- read once and referred to the Commit-
         tee on Economic Development
       AN ACT to amend the alcoholic beverage control law and the real property
         law, in relation to providing for the filing of a state liquor author-
         ity order imposing against revoked  premises  a  proscription  against
         future licensure
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 113  of  the  alcoholic  beverage  control  law  is
    2  amended by adding a new subdivision 4 to read as follows:
    3    4. WHERE THE LIQUOR AUTHORITY HAS ISSUED AN ORDER REVOKING THE LICENSE
    4  FOR  ANY PREMISES AND IMPOSING A PROSCRIPTION REFUSING THE ISSUANCE OF A
    5  LICENSE UNDER THIS CHAPTER, FOR A PERIOD OF TWO YEARS AFTER SUCH REVOCA-
    6  TION, FOR SUCH LICENSED  PREMISES  OR  FOR  ANY  PART  OF  THE  BUILDING
    7  CONTAINING SUCH LICENSED PREMISES AND CONNECTED THEREWITH, OR HAS ISSUED
    8  AN  ORDER  MODIFYING  OR RESCINDING A PROSCRIPTION PREVIOUSLY IMPOSED, A
    9  CERTIFIED COPY OF SUCH ORDER SHALL WITHOUT FEE BE FILED  WITH,  RECORDED
   10  AND  INDEXED BY THE CLERK OF THE COUNTY IN WHICH SUCH PREMISES ARE SITU-
   11  ATED AS AN ORDER AFFECTING REAL PROPERTY IN ACCORDANCE WITH SECTION  TWO
   12  HUNDRED NINETY-SEVEN-B OF THE REAL PROPERTY LAW.
   13    S 2. Section 297-b of the real property law, as amended by chapter 311
   14  of the laws of 1964, is amended to read as follows:
   15    S  297-b.  Recording  of  certified copies of judgments affecting real
   16  property.  When a judgment, final order or decree is rendered by  a  New
   17  York  state court of record or a United States district court OR THE NEW
   18  YORK STATE LIQUOR AUTHORITY affecting the title to or possession, use or
   19  enjoyment of real property, a copy of such judgment,  order  or  decree,
   20  duly  certified by the clerk of the court OR THE SECRETARY TO THE LIQUOR
   21  AUTHORITY wherein said judgment, FINAL ORDER OR DECREE was rendered, may
   22  be recorded in the office of the recording  officer  of  the  county  in
   23  which such property is situated, in the same manner as a conveyance duly
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08857-01-1
       A. 5771                             2
    1  acknowledged or proved and certified so as to entitle it to be recorded,
    2  and  such  recording  officer  shall  upon  request and on tender of the
    3  lawful fees therefor, record the same in his said office, EXCEPT THAT NO
    4  FEE  SHALL  BE  REQUIRED  IN  CONNECTION  WITH THE FILING, RECORDING AND
    5  INDEXING OF ANY ORDER OF THE LIQUOR AUTHORITY.
    6    For purposes of recording and indexing such judgment, order or decree,
    7  the prevailing party or parties named therein shall be  deemed  grantees
    8  and all other persons named therein shall be deemed grantors.
    9    S 3. This act shall take effect immediately.