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S3343Senate2009-2010 Session

Authorizes police services arrangements for particular areas under circumstances and conditions that maintain disinterest

Sponsor Thomas K. DuaneSD-29Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Who cares

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Sponsors

Primary sponsor
Thomas K. Duane

Senator · Senate District 29

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. 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 providing funds for certain police services

Purpose or general idea of bill

To protect public safety and quality of life in areas affected by bars and clubs by authorizing on-duty police officials to provide additional police services in an area, with the municipality being reimbursed by an entity representing more than one liquor licensees.

Summary of specific provisions

This bill adds a new subdivision to §128 of the Alcoholic Beverage Control Law, authorizing on-duty police to provide police services in a particular area, where funds supporting the activity are paid to the police department or municipality by an entity representing more than one licensee, and personnel are on duty and under the command of the police department.

Justification

Some communities have been seriously affected by the noise, traffic and even criminal activity that can sometimes result from concentrations of bars and clubs in an area. Bar and club owners have expressed a willingness to pay for additional police protection in affected areas, through a program such as New York City's "paid detail" program.

However, ABC Law § 128 prohibits police officers from having any "interest" in a liquor licensee, including being paid by the licensee to provide security or other services (with limited statutory exceptions) . This has raised questions as to whether licensees or entities representing a group of licensees may pay for "paid detail" arrangements with local police.

This legislation would authorize such an arrangement, at the option of the municipality, with important protections for the police and the public, to avoid any possible conflict of interest or inappropriate activity. The police involved would at all times be on duty and under ordinary police command, providing police services. Funding could not come from anyone licensee, nor would it go directly from a licensee to the police department or a police officer. The funding, which could originate with licensees, would have to go through an entity (which could be a trade association, a business improvement district, or other organization) representing more than one licensee, and it would go the department or municipality. Police personnel would receive their ordinary compensation, and they would be providing ordinary police services on duty and under police command. They would in no way be "security" for a licensee.

Responsible licensees would be able to support necessary additional police services to help control and prevent disruptive and dangerous situations.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.