Bill Text: NY A05972 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides for alternative penalties for a first time violation of a state liquor authority rule or regulation related to administrative or paperwork violations submitted to or requested by the authority or to actions or omissions that are determined by the authority to be de minimus under the circumstances.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2021-12-22 - approval memo.105 [A05972 Detail]

Download: New_York-2021-A05972-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5972

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      March 4, 2021
                                       ___________

        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Economic Development

        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          providing  for  alternative  penalties  for  a first time violation of
          certain provisions of the  alcoholic  beverage  control  law;  and  to
          repeal certain provisions of such law related thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 3 of section  130  of  the  alcoholic  beverage
     2  control  law,  as amended by chapter 321 of the laws of 1977, is amended
     3  to read as follows:
     4    3. (a) Any violation by any person of any provision  of  this  chapter
     5  for  which  no  punishment  or  penalty is otherwise provided shall be a
     6  misdemeanor, provided, however, that the provisions  of  this  [subdivi-
     7  sion]  paragraph  shall  not  apply  to the prohibitions provided for in
     8  subdivision six-a of section one hundred six of this [chapter] article.
     9    (b) In lieu of such misdemeanor penalty as provided for  in  paragraph
    10  (a) of this subdivision, for a first time violation of either this chap-
    11  ter,  an  authority  rule,  or  regulation,  any of which are related to
    12  administrative or paperwork violations submitted to or requested by  the
    13  authority  or  to actions or omissions that are reasonably determined by
    14  the authority to be de minimus under the  circumstances,  the  authority
    15  shall  provide  for  a cure period or other opportunity for ameliorative
    16  action if the violation can be corrected, the successful  completion  of
    17  which  will  prevent the imposition of penalties on the party or parties
    18  subject to enforcement of such violation. Provided,  however,  that  the
    19  provisions  of  this  paragraph  shall  not  apply  to  the prohibitions
    20  provided for in section sixty-five or subdivision six-a of  section  one
    21  hundred  six  of  this  chapter. Further, no waiver of penalties or cure
    22  period or other opportunity for ameliorative action may be given if  the
    23  authority  determines  that  such violation may result in serious actual

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08665-01-1
        A. 5972                             2

     1  harm, or may present an endangerment to public safety, human  health  or
     2  the environment, is a violation of human or civil rights law, results in
     3  loss  of employee wages or benefits, interferes with any remedy, review,
     4  or  resolution related to harassment or discrimination claims, was or is
     5  a willful violation, involves tax fraud, violates  requirements  related
     6  to  federal  funding  to the state, relates to state funding or procure-
     7  ment, is similar to prior violations, is a penal law violation,  relates
     8  to  a  material or substantive portion of the licensee's business, or is
     9  in contravention of the public interest and/or policy reflected  by  the
    10  authority's  mission. Upon such first violation, the authority shall (i)
    11  provide the licensee with a copy of the applicable  rule  or  regulation
    12  guides pursuant to section one hundred two-a of the state administrative
    13  procedure  act  and  any other helpful guidance or information detailing
    14  the authority's rules and regulations,  to  the  extent  such  materials
    15  exist,  or (ii) to the extent practicable, provide such licensee assist-
    16  ance with compliance with the authority's rules and  regulations.    The
    17  authority  shall have the discretion to determine the appropriate period
    18  of time to allow such licensee to cure or take such  other  ameliorative
    19  action  to  address  such violation, which shall be reasonable but shall
    20  not be less than fifteen business days and not more than twenty business
    21  days unless a longer period is allowed pursuant to law or regulation.
    22    § 2. Subdivision 5 of section 130 of the  alcoholic  beverage  control
    23  law is REPEALED.
    24    §  3. This act shall take effect on the forty-fifth day after it shall
    25  have become a law.