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S07728 Summary:

BILL NOS07728
 
SAME ASSAME AS A10248
 
SPONSORBOYLE
 
COSPNSRRANZENHOFER
 
MLTSPNSR
 
Amd 118, ABC L
 
Relates to clarifying the basis upon which the state liquor authority has the authority to revoke, suspend or cancel a license or permit by excluding perceived violations of the laws of other states unless the conduct falls within certain exceptions and established standards in statute for the delivery of beverage alcohol.
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S07728 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7728
 
                    IN SENATE
 
                                      May 12, 2016
                                       ___________
 
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
 
        AN ACT to amend the alcoholic beverage control law, in relation to clar-
          ifying the basis upon which the state liquor authority has the author-
          ity to revoke, suspend or cancel a  license  or  permit  by  excluding
          perceived  violations  of  the laws of other states unless the conduct
          falls within certain exceptions and establishes standards  in  statute
          for the delivery of alcoholic beverage
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section  118  of  the  alcoholic  beverage
     2  control  law, as added by chapter 536 of the laws of 1996, is amended to
     3  read as follows:
     4    3. (a) As used in this  section,  the  term  "for  cause"  shall  also
     5  include  the  existence  of a sustained and continuing pattern of noise,
     6  disturbance, misconduct, or disorder on or about the licensed  premises,
     7  related  to the operation of the premises or the conduct of its patrons,
     8  which adversely affects the health, welfare or safety of the inhabitants
     9  of the area in which such licensed premises are located.
    10    (b) As used in this chapter, the term "for cause"  shall  not  include
    11  conduct  by a licensee outside New York or violations of another state's
    12  laws or regulations unless:
    13    (i) such conduct independently violates a specific provision  of  this
    14  chapter;
    15    (ii)  the  licensee  or  permittee  is  found guilty by authorities in
    16  another state of violating such state's laws for having engaged in  such
    17  conduct provided that due process of law, including an opportunity to be
    18  heard and present evidence, has been provided to the licensee or permit-
    19  tee by authorities of competent jurisdiction in such other state;
    20    (iii)  the  other  state  notifies the licensee that such conduct is a
    21  violation of that state's law  and,  after  having  requested  that  the
    22  licensee  cease  and  desist from engaging in such conduct, the licensee
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15453-01-6

        S. 7728                             2
 
     1  knowingly and repeatedly continues to engage  in  such  conduct  in  the
     2  other state;
     3    (iv)  the licensee or permittee has knowingly engaged in illegal sales
     4  to minors in another state; or
     5    (v) the licensee has failed to pay taxes in  such  other  state  where
     6  such taxes are shown to be properly owed by the licensee or permittee.
     7    §  2.  This  act  shall take effect on the sixtieth day after it shall
     8  have become a law.
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