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History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the alcoholic beverage control law, in relation to conditions precedent to revocation of a license held pursuant to such law
Purpose
This bill would establish a legal standard for determining when a licensed premise has become a focal point for police attention.
Summary of provisions
Section 1 of this bill would add a new Alcoholic Beverage Control (ABC) Law § 118(4), to establish a reasonable presumption of the existence of a sustained and continuing pattern of noise, disturbance, misconduct, or disorder at a licensed premises once 6 complaints responded to by the police in any 60 day period.
Section 2 of the bill would provide for an immediate effective date.
Existing law
ABC Law § 118 authorizes the revocation or suspension of liquor licenses of premises "for cause," which includes a pattern of noise or other disturbances.
Legislative history
2007-2008 S.7372
Statement in support
ABC Law § 118 provides that the State Liquor Authority (SLA) may revoke, cancel or suspend a liquor license due to a "sustained and continuing pattern of noise, disturbance, misconduct or disorder" - i.e., the premises have become a "focal point" of police attention. However, courts have held that a determination that a licensed premise has become a "focal point" for police attention can be upheld only by an affirmative showing by the SLA that either the licensees or an employee vested with "managerial authority" was actually aware of the individual events and conditions that make up the basis for the focal point charge. This is known as the "managerial exception" to the general rule that licensees are responsible for operating safe and healthy establishments free of any pattern of noise, disturbance, misconduct or disorder that would threaten public well being. Therefore, a bar that has been the site of multiple misconduct by patrons cannot be found to be a focal point unless it can be shown that the licensee suffered or permitted the conduct.
This bill creates a statutory presumption that a pattern of certain activity-- i.e., 6 complaints responded to by the police within 6 months --. constitutes sufficient knowledge to eliminate the "managerial exception" which deprives the SLA of the ability to revoke licenses of establishments that claim they are unaware of certain conduct. Enactment of this legislation will establish a reasonable threshold and legal presumption that liquor licensees and their managers have a duty to be aware of police units repeatedly responding to their businesses regarding violence, narcotics trafficking, prostitution, gambling, or other public nuisances and will enable the SLA to resume the fight against the proliferation of licensed establishments in the State acting outside of the law while regularly putting public health and safety at risk. BUDGET IMPLICATIONS :
None.
Effective date
Thirty days after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.