Bill Text: NY S09375 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 9375 (Prior Session Legislation)

Introduced

Bill Title: Prohibits the renewal of a liquor license during the pendency of any disciplinary proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-20 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S09375 Detail]

Download: New_York-2021-S09375-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          9375

                    IN SENATE

                                      May 20, 2022
                                       ___________

        Introduced by Sen. GOUNARDES -- 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
          prohibiting the renewal of a liquor license during the pendency of any
          disciplinary proceedings

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

     1    Section  1.  Section  109  of  the  alcoholic beverage control law, as
     2  amended by chapter 630 of the laws of 1984, subdivision 1 as amended  by
     3  chapter  188 of the laws of 2013, subdivision 2 as amended by chapter 83
     4  of the laws of 1995 and as renumbered by chapter  560  of  the  laws  of
     5  2011, is amended to read as follows:
     6    §  109.  Renewals of licenses and permits. 1. Each license and permit,
     7  except a temporary permit effective for one day only, issued pursuant to
     8  this chapter may be renewed upon application therefor by the licensee or
     9  permittee and the payment of the annual fee for such license  or  permit
    10  as prescribed by this chapter. In the case of applications for renewals,
    11  the  liquor  authority may dispense with the requirements of such state-
    12  ments as it deems unnecessary in view of those contained in the applica-
    13  tion made for the original license or permit; provided, however, that no
    14  waiver of paragraph (f) of subdivision one of section one hundred ten of
    15  this article may be made. The submission of photographs of the  licensed
    16  premises shall be dispensed with provided the applicant for such renewal
    17  shall  file a statement with such authority to the effect that there has
    18  been no alteration of such  premises  since  the  original  license  was
    19  issued.  An  applicant  for a retail license for on-premises consumption
    20  shall also submit to the authority a copy of the  valid  certificate  of
    21  occupancy  or  such  other document issued by the local code enforcement
    22  agency for the premises for which the original license was  issued.  The
    23  liquor  authority may make such rules as may be necessary not inconsist-
    24  ent with this chapter regarding applications for  renewals  of  licenses
    25  and  permits  and  the  time for making the same.   The liquor authority
    26  shall not process an application for or issue a renewal of  any  license

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15923-01-2

        S. 9375                             2

     1  or permit during the pendency of a hearing to revoke, cancel, or suspend
     2  such license or permit.
     3    2.  [The]  Except  where  the  authority  has commenced proceedings to
     4  revoke, cancel or suspend a license,  the  authority  shall  provide  an
     5  application  for renewal of a license issued under section sixty-four or
     6  sixty-four-a of this chapter not less than sixty days prior to the expi-
     7  ration of the current license.
     8    § 2. Subdivision 2 of section 119 of the  alcoholic  beverage  control
     9  law, as amended by chapter 83 of the laws of 1995, is amended to read as
    10  follows:
    11    2.  The  liquor authority may on its own initiative or on complaint of
    12  any person institute proceedings to revoke, cancel or suspend any retail
    13  license and may impose a civil penalty  against  the  licensee  after  a
    14  hearing at which the licensee shall be given an opportunity to be heard.
    15  Such hearing shall be held in such manner and upon such notice as may be
    16  prescribed  by  the  rules  of  the  liquor  authority. Where the liquor
    17  authority has commenced proceedings under this  section  no  application
    18  for the renewal of such license shall be processed or granted. The chair
    19  shall establish procedures to provide communication within the authority
    20  regarding the status of pending disciplinary proceedings.
    21    § 3. This act shall take effect immediately.