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History
- Referred to investigations and government operations
Companion bill
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Provides for the revocation of the license of any premises found by the state liquor authority on 3 or more occasions to have committed violations
In Assembly Committee · Economic Development · Sponsor Catherine Nolan
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7054
Title of bill
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 proper- ty law, in relation to providing for the filing by the state liquor authority of such revocation order
Purpose
The purpose of this bill is to institute a "three strikes you are out" standard to revoke any license issued pursuant to the alcoholic beverage control law (ABC) including licenses to sell alcoholic beverages for on or off premises consumption. Under current law, there is no bright line standard to automatically revoke a license to sell alcoholic beverages for a premises in which it has been the scene of multiple crimes that seriously endanger the public health, safety or general welfare. This bill will give regulators a tool that they can use to close down estab- lishments that have witnessed three or more violent crimes that have either endangered the patrons of such establishment or the surrounding community.
Read the full memo (638 words)
Summary of provisions
Section 1: Amends ABC Law section 113 (4) which relates to premises for which no license shall be granted to include any premises that has been the scene of three or more serious criminal convictions over a 24 month period of time that has endangered either the patrons of the establish- ment in question or the surrounding community. Such an order declaring the premises as unable to be eligible to operate a premises to sell or serve alcoholic beverages shall be filed and recorded in the clerk of the county where the premises is located.
Section 2: Amends ABC Law section 118 (1) which relates to the revoca- tion of alcoholic licenses "for cause".
Section 3: Amends ABC Law section 118 (3)to define as an automatic revo- cation "for cause" to include when it has been found that on three or more separate occasions felony crimes or other serious criminal offenses have been committed on such premises, building and fire code violations have cited which endanger the public safety, overcrowding has occurred, or any other violation that has endangered the public health, safety, and general welfare has been determined.
Section 4: Amends Real Property Law section 297-b to include state Liquor Authority issued judgments affecting real property as being able to be filed to give notice to property owners and potential purchasers of such property that such premises is ineligible to obtain a liquor license.
JUSTIFICATION It is important for the protection of the general public that patrons of places that sell alcoholic beverages for on or off premise consumption are safe places to enter and to consume food and alcoholic beverages. It is important to quickly revoke the licenses of those establishments that sell alcoholic beverages that have been the site of multiple crimes where individuals have been threatened with physical harm or have in fact been harmed by others either with or without dangerous instrumen- talities.
One of the underlying purposes of the ABC law is to root out crime and reduce the incidence of crime related to the sale and consumption of alcoholic beverages. From a public policy and law enforcement perspec- tive, it is very important that establishments that are open to the public are guaranteed to be safe for use by individuals, families, and friends who enter such premises. This bill will give the SLA and law enforcement the authority that they need to quickly shut down establish- ments in which criminal activity is regularly occurring and to protect the communities in which these establishments are located.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.