A03770 Summary:

BILL NO    A03770A

SAME AS    Same as S 4686

SPONSOR    Aubry (MS)

COSPNSR    Jeffries

MLTSPNSR   Wright

Amd S102, ABC L

Allows qualified individuals with criminal records to be employed in certain
establishments that hold liquor licenses.

A03770 Actions:

BILL NO    A03770A

01/28/2009 referred to environmental conservation
02/11/2009 reference changed to economic development
04/14/2009 amend and recommit to economic development
04/14/2009 print number 3770a
06/02/2009 reported referred to codes
06/08/2009 reported referred to rules
06/15/2009 reported 
06/15/2009 rules report cal.232
06/15/2009 ordered to third reading rules cal.232
01/06/2010 referred to economic development

A03770 Votes:

A03770 Memo:

BILL NUMBER:A3770A

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 previous-
ly 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 misde-
meanor for  restaurants,  catering  establishments,  hotels,  clubs  and
recreational facilities.

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, sport-
ing 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 iden-
tified 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  determi-
nation  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 establish-
ments 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 threat-
en 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 oppor-
tunities  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.