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A03303 Summary:

BILL NOA03303
 
SAME ASSAME AS S03702
 
SPONSORKim
 
COSPNSR
 
MLTSPNSR
 
Add 110-d, amd 131, ABC L
 
Authorizes the liquor authority to establish a liaison with each community board in the city of New York for matters relating to license or permit issuance, renewal, modification and alteration; clarifies the powers and duties of the New York alcoholic beverage control problem premises task force.
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A03303 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3303
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2021
                                       ___________
 
        Introduced by M. of A. KIM -- read once and referred to the Committee on
          Economic Development
 
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          authorizing the establishment of a liaison between  the  state  liquor
          authority  and  local  community  boards,  and  the New York alcoholic
          beverage control problem premises task force
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The alcoholic beverage control law is amended by adding a
     2  new section 110-d to read as follows:
     3    § 110-d. Community liaison. 1. The authority is authorized  to  desig-
     4  nate a community liaison for each community board located in the city of
     5  New York.
     6    2.  The  community  liaison,  upon request of a community board, shall
     7  ensure that such board receives all or a select number of  notifications
     8  of relevant license and permit applications, hearing notices and license
     9  or  permit  application  dispositions related to license or permit issu-
    10  ance, renewal, modifications or alterations that are required under  the
    11  provisions of this chapter.
    12    3. The community liaison shall:
    13    (a)  attend a meeting of the community board, upon the request of such
    14  board, for which he or she is acting as the liaison;
    15    (b) attend, at least once each year, upon the request of each communi-
    16  ty board, a meeting of such board, to help  build  a  knowledgeable  and
    17  meaningful  relationship  between  the  authority and such board, and to
    18  understand the issues faced by the surrounding community;
    19    (c) submit reports to the authority with respect to issues or concerns
    20  raised by such board; and
    21    (d) upon request of the community board, notify such board of regular-
    22  ly scheduled meetings of the authority that could be of interest to such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06030-01-1

        A. 3303                             2
 
     1  board and provide an agenda for such meeting at least fifteen days prior
     2  to the meeting.
     3    §  2.   Section 131 of the alcoholic beverage control law, as added by
     4  section 1 of part J of chapter 56 of the laws of  2006,  is  amended  to
     5  read as follows:
     6    §  131.  New  York  alcoholic  beverage  control problem premises task
     7  force. 1. There is hereby created within  the  authority  the  New  York
     8  alcoholic  beverage  control  problem  premises  task force (hereinafter
     9  "task force"), which shall consist of  employees  of  the  authority  as
    10  designated  by  the members of the authority, provided however, that the
    11  task force shall include at least one investigator each from the  Albany
    12  office,  [one  investigator  from] the Buffalo office, and [one investi-
    13  gator from] the New York city office.
    14    2. In any case where the  authority  receives  notification  from  the
    15  mayor,  chief of police, police commissioner, sheriff, or local legisla-
    16  tive body of any city, town or village which  certifies  that  continued
    17  operation  of an on-premises establishment poses [a] an actual or poten-
    18  tially significant threat to  the  public  health,  safety,  or  welfare
    19  [requiring] of the surrounding community that requires immediate action,
    20  the  authority  shall  assign  responsibility for conducting an investi-
    21  gation concerning such premises to the task force. In the  city  of  New
    22  York,  the  community board established pursuant to section twenty-eight
    23  hundred of the New York city charter with jurisdiction over the area  in
    24  which such premises is located shall be considered the appropriate local
    25  legislative body.
    26    3. Not more than fourteen calendar days after receipt by the authority
    27  of  a  notification  as  provided  in this section, the task force shall
    28  commence an investigation into the operation of the  establishment.  The
    29  task  force  shall  complete  its  investigation and the authority shall
    30  commence a disciplinary hearing proceeding pursuant to this chapter  for
    31  revocation  or other appropriate action within forty-five calendar days,
    32  unless the task force determines in written findings that more  time  is
    33  needed  to  satisfactorily complete such investigation or that no disci-
    34  plinary charges are warranted. Such extension of time for completion  of
    35  the  investigation shall be for no more than sixty calendar days. A copy
    36  of any such determination shall be sent to the mayor, chief  of  police,
    37  police  commissioner,  sheriff,  or  local legislative body of the city,
    38  town or village that filed the  notification  with  the  authority.  The
    39  authority  shall notify the mayor, chief of police, police commissioner,
    40  sheriff, or local legislative body of the city,  town  or  village  that
    41  filed  the notification to the authority of the final disposition of the
    42  disciplinary proceeding within ten business days of  the  completion  of
    43  this process.
    44    §  3.    This  act  shall take effect on the one hundred eightieth day
    45  after it shall have become a law.
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