Bill Text: NY A07618 | 2013-2014 | General Assembly | Amended

New York Assembly Bill 7618 (Prior Session Legislation)

Bill Title: Relates to on-premises license or permit for the provision of alcohol by a volunteer firefighters organization where a police officer serving as an officer of such organization.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-04-07 - substituted by s5529b [A07618 Detail]

Download: New_York-2013-A07618-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7618--B
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 28, 2013
                                      ___________
       Introduced  by M. of A. STECK, BRINDISI -- read once and referred to the
         Committee  on  Economic  Development  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- recommitted to the Committee on Economic Development in accord-
         ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
         on-premises license or permit for the provision of alcohol by a volun-
         teer firefighters' organization
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section  128  of  the  alcoholic  beverage
    2  control  law,  as amended by chapter 885 of the laws of 1985, is amended
    3  to read as follows:
    4    1. Except as otherwise provided in section one hundred  twenty-eight-a
    5  AND  SECTION  ONE  HUNDRED  TWENTY-EIGHT-B  OF THIS ARTICLE, it shall be
    6  unlawful  for  any  police  commissioner,  police  inspector,   captain,
    7  sergeant,  roundsman,  patrolman or other police official or subordinate
    8  of any police department in the state, to be either  directly  or  indi-
    9  rectly  interested  in the manufacture or sale of alcoholic beverages or
   10  to offer for sale, or recommend to any licensee any alcoholic beverages.
   11  A person may not be denied any license granted under the  provisions  of
   12  sections  fifty-four,  fifty-five,  fifty-nine, sixty-three, sixty-four,
   13  seventy-nine, eighty-one, or article seven of this chapter solely on the
   14  grounds of being the spouse of a public servant described in this subdi-
   15  vision. The solicitation or recommendation  made  to  any  licensee,  to
   16  purchase  any  alcoholic beverages by any police official or subordinate
   17  as hereinabove described, shall be presumptive evidence of the  interest
   18  of  such official or subordinate in the manufacture or sale of alcoholic
   19  beverages.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10948-06-4
       A. 7618--B                          2
    1    S 2. The alcoholic beverage control law is amended  by  adding  a  new
    2  section 128-b to read as follows:
    3    S 128-B. POLICE OFFICERS ALLOWED TO SERVE AS AN OFFICER OF A VOLUNTEER
    4  FIREFIGHTERS'  ORGANIZATION.  NOTWITHSTANDING ANY INCONSISTENT PROVISION
    5  OF LAW TO THE CONTRARY, A VOLUNTEER FIREFIGHTERS' ORGANIZATION SHALL NOT
    6  BE PRECLUDED FROM APPLYING FOR AN ON-PREMISES LICENSE  OR  PERMIT  UNDER
    7  THE  PROVISIONS  OF THIS CHAPTER DUE TO THE PRESENCE OF A POLICE OFFICER
    8  SERVING AS AN OFFICER OF SUCH ORGANIZATION AND THE STATE LIQUOR AUTHORI-
    9  TY SHALL BE AUTHORIZED TO ISSUE SUCH LICENSE OR PERMIT.
   10    S 3. This act shall take effect immediately.