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Who cares
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Sponsors
3 Co-sponsors
History
- Notice of committee consideration - requested
- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allows qualified individuals with criminal records to be employed in certain establishments that hold liquor licenses
Assembly Floor Calendar · Sponsor Jeffrion Aubry
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 allowing qualified individuals with criminal records to be employed in certain establishments that hold liquor licenses
Purpose
To remove the existing prohibition in alcoholic beverage control law section 102(2) which disallows employment by those previously convicted of a felony or certain enumerated misdemeanors in certain licensed on-premises establishments unless that person has received a pardon, certificate of relief from disabilities or good conduct, or has obtained written approval from the state liquor authority.
Summary of provisions
Subdivision 2 of section 102 of the alcoholic beverage control law is amended to remove the existing prohibition against hiring an individual convicted of a felony or enumerated misdemeanor for restaurants, catering establishments, hotels, clubs and recreational facilities.
Read the full memo (673 words)
Justification
The ABC Law's far-reaching prohibition prevents any employer with a liquor license, except those selling alcohol beverages retail for off-premises consumption, from hiring any individual in any capacity who has been convicted of a felony or an enumerated misdemeanor unless that person has obtained a pardon, certificate of relief from disabilities or good conduct or written approval by the State Liquor Authority. This means that employers such as restaurants, hotels, sporting arenas and catering establishments that have liquor licenses cannot hire busboys, waiters, chefs, maitreds, delivery persons or anyone else with these criminal histories unless those applicants have obtained the necessary approval or documentation. This ban thus eliminates thousands of jobs that could safely be made available to qualified people with criminal records. According to the New York State Department of Labor, there has been an increase (+14,600) in the number of jobs in the leisure and hospitality industries, including a number of entry-level jobs in the food service industry, from which people subject to the ABC Law's flat ban are excluded.
New York has long recognized the importance of assisting people with criminal records obtain gainful employment, as employment has been identified as a reliable predictor of a person's ability to successfully reenter society, and has enacted many laws to encourage the employment of qualified individuals with criminal histories. For example, the Human Rights Law (Executive Law 296 (16)) prohibits unfair discrimination against individuals with criminal records and Article 23-A of the Correction Law requires employers to make an individualized determination regarding whether a person's convictions are related to the job sought or constitute a threat to safety or property. New York's sweeping Alcohol Beverage Control (ABC) Law 102 (2), which prohibits employers licensed to sell alcoholic beverages for on-premises consumption, including hotels and restaurants, from employing any person convicted of a felony or certain less serious offenses in any capacity, except in the circumstances described below, predates New York's adoption of Executive Law 296 (16) and Article 23-A and is inconsistent with the intent of these laws. To bring the ABC Law in line with the policies reflected by these newer laws, the ABC Law's employment bar should be amended so that qualified workers with criminal records can work in certain establishments that have liquor licenses without seeking a pardon, certificate of relief from disabilities or good conduct or written approval by the State Liquor Authority. The prohibition on hiring persons with a felony or misdemeanor conviction would still apply to bars and taverns.
Opening up employment opportunities in these industries will not threaten public safety, since under Article 23-A, any restaurant, hotel, or other similar establishment with a liquor license will still consider whether an applicant's conviction(s) is related to the job and whether the public safety or property would be placed at risk, before hiring the person. On the contrary, the proposed amendment, by improving job opportunities for qualified persons with criminal records by permitting them to work in these establishments, advances the public interest and promotes public safety by helping to reduce recidivism.
Legislative history
A10860-B (2008) ordered to third reading 2008
Fiscal implications
None.
Local fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.