Bill Text: NY S02445 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 2445 (Prior Session Legislation)

Introduced

Bill Title: Provides for the revocation of the license of any premises found by the state liquor authority on 3 or more occasions, during any 24 consecutive month period of time, to have committed violations; prohibits premises from being licensed for 3 years following revocation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S02445 Detail]

Download: New_York-2013-S02445-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2445
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 17, 2013
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment Operations
       AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
         requiring  the revocation of the license or permit of any holder which
         has been found on three or more occasions to have committed violations
         and prohibiting the issuance of any license or permit,  for  not  less
         than  three years, after the revocation thereof; and to amend the real
         property law, in relation to providing for the  filing  by  the  state
         liquor authority of such revocation order
         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  OR PERMIT FOR ANY PREMISES, FOR A PERIOD OF TWO YEARS AFTER SUCH REVOCA-
    5  TION,  FOR  SUCH  LICENSED  PREMISES  OR  FOR  ANY  PART OF THE BUILDING
    6  CONTAINING SUCH LICENSED PREMISES AND CONNECTED THEREWITH,  A  CERTIFIED
    7  COPY OF SUCH ORDER SHALL WITHOUT FEE BE FILED WITH, RECORDED AND INDEXED
    8  BY  THE  CLERK  OF  THE COUNTY IN WHICH SUCH PREMISES ARE SITUATED AS AN
    9  ORDER AFFECTING REAL PROPERTY IN ACCORDANCE  WITH  SECTION  TWO  HUNDRED
   10  NINETY-SEVEN-B OF THE REAL PROPERTY LAW.
   11    S  2.  Subdivision  1 of section 118 of the alcoholic beverage control
   12  law is amended by adding a new paragraph (c) to read as follows:
   13    (C) FOR HAVING BEEN FOUND ON THREE OR MORE SEPARATE OCCASIONS,  GUILTY
   14  FOR  CAUSES  OR  VIOLATIONS DURING ANY PERIOD OF TWENTY-FOUR CONSECUTIVE
   15  MONTHS.
   16    S 3. Subdivision 3 of section 118 of the  alcoholic  beverage  control
   17  law,  as added by chapter 536 of the laws of 1996, is amended to read as
   18  follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06797-01-3
       S. 2445                             2
    1    3. As used in this section, the term "for cause"  shall  also  include
    2  the  existence  of a sustained and continuing pattern of noise, disturb-
    3  ance, misconduct, or disorder on or about the licensed premises, related
    4  to the operation of the premises or the conduct of  its  patrons,  which
    5  adversely  affects  the  health, welfare or safety of the inhabitants of
    6  the area in which such licensed premises are located.  FURTHERMORE, SUCH
    7  TERM SHALL INCLUDE THE COMMISSION OF A FELONY DEFINED IN THE  PENAL  LAW
    8  OR  A  SERIOUS  OFFENSE,  AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION
    9  265.00 OF THE PENAL LAW, UPON THE LICENSED PREMISES; BUILDING  AND  FIRE
   10  PREVENTION  REGULATION  AND  CODE  VIOLATIONS UPON THE LICENSED PREMISES
   11  WHICH ENDANGER THE PUBLIC  HEALTH,  SAFETY  OR  WELFARE;  EXCEEDING  THE
   12  AUTHORIZED  CAPACITY  OF PERSONS IN THE LICENSED PREMISES; AND ANY OTHER
   13  VIOLATION OF ANY LAW, RULE OR REGULATION, UPON  OR  ABOUT  THE  LICENSED
   14  PREMISES, WHICH ENDANGERS THE PUBLIC HEALTH, SAFETY AND WELFARE.
   15    S 4. Section 297-b of the real property law, as amended by chapter 311
   16  of the laws of 1964, is amended to read as follows:
   17    S  297-b.  Recording  of  certified copies of judgments affecting real
   18  property.  When a judgment, final order or decree is rendered by  a  New
   19  York  state  court  of  record  or a United States district court OR THE
   20  STATE LIQUOR AUTHORITY affecting the title  to  or  possession,  use  or
   21  enjoyment  of  real  property, a copy of such judgment, order or decree,
   22  duly certified by the clerk of the court OR THE SECRETARY TO THE  LIQUOR
   23  AUTHORITY wherein said judgment, FINAL ORDER OR DECREE was rendered, may
   24  be  recorded  in  the  office  of the recording officer of the county in
   25  which such property is situated, in the same manner as a conveyance duly
   26  acknowledged or proved and certified so as to entitle it to be recorded,
   27  and such recording officer shall upon  request  and  on  tender  of  the
   28  lawful fees therefor, record the same in his said office, EXCEPT THAT NO
   29  FEE  SHALL  BE  REQUIRED  IN  CONNECTION  WITH THE FILING, RECORDING AND
   30  INDEXING OF ANY ORDER OF THE LIQUOR AUTHORITY.
   31    For purposes of recording and indexing such judgment, order or decree,
   32  the prevailing party or parties named therein shall be  deemed  grantees
   33  and all other persons named therein shall be deemed grantors.
   34    S 5. This act shall take effect immediately.