Bill Text: NY A10314 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to mandatory early closure for premises that have had three of more law enforcement responses in a calendar month.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-17 - referred to economic development [A10314 Detail]

Download: New_York-2023-A10314-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10314

                   IN ASSEMBLY

                                      May 17, 2024
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Gray) --
          read once and referred to the Committee on Economic Development

        AN ACT to amend the alcoholic beverage control law, in relation  to  law
          enforcement responses and premises closing times

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

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "responsible neighborhood preservation act".
     3    § 2. Legislative findings and intent. The legislature hereby finds and
     4  declares  that  the operation on licensed premises for the sale of alco-
     5  holic beverages can have a significant impact on the quality of life  in
     6  the  neighborhoods  where  such  premises  are  located. The legislature
     7  further finds that repeated law enforcement interventions  at  the  same
     8  premises  can be indicative of management practices that are detrimental
     9  to the health, safety, and welfare of the community. It  is,  therefore,
    10  the  intent of the legislature to encourage the responsible operation of
    11  such premises and to provide for the mitigation of  adverse  impacts  on
    12  the community.
    13    §  3.  The  alcoholic  beverage control law is amended by adding a new
    14  section 106-c to read as follows:
    15    § 106-c. Law  enforcement  responses.  1.  Notwithstanding  any  other
    16  provision  of  law,  rule,  or  regulation to the contrary, any licensed
    17  premises under this chapter that has required a response by law enforce-
    18  ment officers on more than three separate occasions in any one  calendar
    19  month shall have its closing hours adjusted to no later than midnight on
    20  all days of the week, for a period of no less than six months.
    21    2.  For  the  purposes  of  this section, a "law enforcement response"
    22  shall mean any instance where law enforcement officers are dispatched to
    23  the licensed premises in response to a call or complaint alleging activ-
    24  ities,  including  but  not  limited  to   disorderly   conduct,   noise
    25  violations, fights, disturbances, public intoxication, or other criminal
    26  activity.
    27    3.  The  state liquor authority shall promulgate rules and regulations
    28  necessary for the enforcement of this section, including but not limited

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15141-01-4
        A. 10314                            2

     1  to the establishment of a process  for  documenting  and  verifying  law
     2  enforcement  responses and a process for the licensed premises to appeal
     3  the adjustment of closing hours.
     4    § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
     5  sion,  section  or  part  of  this act shall be adjudged by any court of
     6  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     7  impair,  or  invalidate  the remainder thereof, but shall be confined in
     8  its operation to the clause, sentence, paragraph,  subdivision,  section
     9  or part thereof directly involved in the controversy in which such judg-
    10  ment shall have been rendered. It is hereby declared to be the intent of
    11  the  legislature  that  this  act  would  have been enacted even if such
    12  invalid provisions had not been included herein.
    13    § 5. This act shall take effect on the ninetieth day  after  it  shall
    14  have become a law.