New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A05920 Summary:

A05920 Actions:

A05920 Committee Votes:

A05920 Floor Votes:

A05920 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5920--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 9, 2015
                                       ___________
 
        Introduced  by  M. of A. STECK, QUART, PAULIN, FAHY, CYMBROWITZ, CUSICK,
          RAIA -- Multi-Sponsored by -- M. of A. COOK, McDONOUGH  --  read  once
          and  referred to the Committee on Economic Development -- reported and
          referred to the Committee  on  Codes  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          limiting  the  authority  of  the  state  liquor authority to penalize
          licensees based on perceived violations of the laws of  other  states,
          unless  the conduct in question amounts to an independent violation of
          the alcoholic beverage control law  or  has  resulted  in  a  criminal
          conviction in another state
 
          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  17  of  the  alcoholic  beverage
     2  control law, as amended by section 2 of chapter 355 of the laws of 2013,
     3  is amended to read as follows:
     4    3. To revoke, cancel or suspend for cause any license or permit issued
     5  under  this  chapter  and/or to impose a civil penalty for cause against
     6  any holder of a license or  permit  issued  pursuant  to  this  chapter,
     7  provided, however, that the liquor authority shall not have the power to
     8  revoke,  cancel  or  suspend  any  license  or  impose any civil penalty
     9  against any holder of a license or permit based upon conduct outside New
    10  York, or violations of another state's law, unless, following due  proc-
    11  ess of law, including, but not limited to a full opportunity to be heard
    12  the  authorized  public  agency  or  official having lawful jurisdiction
    13  determines that such licensee or permittee  has  violated  such  state's
    14  laws or regulations, such determination is final, and either:
    15    (a)  such wrongful conduct independently violates a specific provision
    16  of this chapter; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09265-03-5
        A. 5920--A                          2
 
     1    (b) such wrongful conduct, had it occurred within  this  state,  would
     2  constitute a violation of this chapter.
     3    Any  civil penalty so imposed shall not exceed the sum of ten thousand
     4  dollars as against the holder of any retail permit  issued  pursuant  to
     5  sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
     6  paragraph f of subdivision one of section ninety-nine-b of this chapter,
     7  and as against the holder of  any  retail  license  issued  pursuant  to
     8  sections  [fifty-two,]  fifty-three-a,  fifty-four, fifty-four-a, fifty-
     9  five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
    10  sixty-four-c, seventy-six-f, seventy-nine, eighty-one  and  eighty-one-a
    11  of  this  chapter, and the sum of thirty thousand dollars as against the
    12  holder of a license issued pursuant to  sections  fifty-three,  seventy-
    13  six, seventy-six-a, and seventy-eight of this chapter, provided that the
    14  civil  penalty against the holder of a wholesale license issued pursuant
    15  to section fifty-three of this chapter shall not exceed the sum  of  ten
    16  thousand dollars where that licensee violates provisions of this chapter
    17  during the course of the sale of beer at retail to a person for consump-
    18  tion at home, and the sum of one hundred thousand dollars as against the
    19  holder  of  any license issued pursuant to sections fifty-one, sixty-one
    20  and sixty-two of this chapter. Any civil penalty so imposed shall be  in
    21  addition  to and separate and apart from the terms and provisions of the
    22  bond required pursuant to section one hundred twelve  of  this  chapter.
    23  Provided  that  no  appeal  is  pending  on the imposition of such civil
    24  penalty, in the event such civil penalty imposed by the division remains
    25  unpaid, in whole or in part, more than  forty-five  days  after  written
    26  demand  for  payment has been sent by first class mail to the address of
    27  the licensed premises, a notice of impending default judgment  shall  be
    28  sent  by  first  class  mail to the licensed premises and by first class
    29  mail to the last known home address of the person who  signed  the  most
    30  recent  license  application.   The notice of impending default judgment
    31  shall advise the licensee: (a) that a civil penalty was imposed  on  the
    32  licensee;  (b)  the  date the penalty was imposed; (c) the amount of the
    33  civil penalty; (d) the amount of the civil penalty that  remains  unpaid
    34  as  of  the  date  of the notice; (e) the violations for which the civil
    35  penalty was imposed; and (f) that a judgment by default will be  entered
    36  in  the  supreme  court of the county in which the licensed premises are
    37  located, or other  court  of  civil  jurisdiction  or  any  other  place
    38  provided  for  the entry of civil judgments within the state of New York
    39  unless the division receives full payment of  all  civil  penalties  due
    40  within  twenty days of the date of the notice of impending default judg-
    41  ment. If full payment shall not have been received by the division with-
    42  in thirty days of mailing of the notice of impending  default  judgment,
    43  the  division  shall proceed to enter with such court a statement of the
    44  default judgment containing the  amount  of  the  penalty  or  penalties
    45  remaining  due  and unpaid, along with proof of mailing of the notice of
    46  impending default judgment. The filing of such judgment shall  have  the
    47  full  force  and  effect  of  a default judgment duly docketed with such
    48  court pursuant to the civil practice law and  rules  and  shall  in  all
    49  respects  be  governed  by  that chapter and may be enforced in the same
    50  manner and with the same effect as that provided by law  in  respect  to
    51  execution issued against property upon judgments of a court of record. A
    52  judgment entered pursuant to this subdivision shall remain in full force
    53  and effect for eight years notwithstanding any other provision of law.
    54    §  2.  Subdivision  3  of section 17 of the alcoholic beverage control
    55  law, as amended by section 3 of chapter 355 of  the  laws  of  2013,  is
    56  amended to read as follows:
        A. 5920--A                          3
 
     1    3. To revoke, cancel or suspend for cause any license or permit issued
     2  under  this  chapter  and/or to impose a civil penalty for cause against
     3  any holder of a license or  permit  issued  pursuant  to  this  chapter,
     4  provided, however, that the liquor authority shall not have the power to
     5  revoke,  cancel  or  suspend  any  license  or  impose any civil penalty
     6  against any holder of a license or permit based upon conduct outside New
     7  York, or violations of another state's law, unless, following due  proc-
     8  ess of law, including, but not limited to a full opportunity to be heard
     9  the  authorized  public  agency  or  official having lawful jurisdiction
    10  determines that such licensee or permittee  has  violated  such  state's
    11  laws or regulations, such determination is final, and either:
    12    (a)  such wrongful conduct independently violates a specific provision
    13  of this chapter; or
    14    (b) such wrongful conduct, had it occurred within  this  state,  would
    15  constitute a violation of this chapter.
    16    Any  civil penalty so imposed shall not exceed the sum of ten thousand
    17  dollars as against the holder of any retail permit  issued  pursuant  to
    18  sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
    19  paragraph f of subdivision one of section ninety-nine-b of this chapter,
    20  and as against the holder of  any  retail  license  issued  pursuant  to
    21  sections  [fifty-two,]  fifty-three-a,  fifty-four, fifty-four-a, fifty-
    22  five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
    23  sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and  eighty-one-a
    24  of  this  chapter, and the sum of thirty thousand dollars as against the
    25  holder of a license issued pursuant to  sections  fifty-three,  seventy-
    26  six,  seventy-six-a and seventy-eight of this chapter, provided that the
    27  civil penalty against the holder of a wholesale license issued  pursuant
    28  to  section  fifty-three of this chapter shall not exceed the sum of ten
    29  thousand dollars where that licensee violates provisions of this chapter
    30  during the course of the sale of beer at retail to a person for consump-
    31  tion at home, and the sum of one hundred thousand dollars as against the
    32  holder of any license issued pursuant to sections  fifty-one,  sixty-one
    33  and  sixty-two of this chapter. Any civil penalty so imposed shall be in
    34  addition to and separate and apart from the terms and provisions of  the
    35  bond  required  pursuant  to section one hundred twelve of this chapter.
    36  Provided that no appeal is pending  on  the  imposition  of  such  civil
    37  penalty, in the event such civil penalty imposed by the division remains
    38  unpaid,  in  whole  or  in part, more than forty-five days after written
    39  demand for payment has been sent by first class mail to the  address  of
    40  the  licensed  premises, a notice of impending default judgment shall be
    41  sent by first class mail to the licensed premises  and  by  first  class
    42  mail  to  the  last known home address of the person who signed the most
    43  recent license application. The notice  of  impending  default  judgment
    44  shall  advise  the licensee: (a) that a civil penalty was imposed on the
    45  licensee; (b) the date the penalty was imposed; (c) the  amount  of  the
    46  civil  penalty;  (d) the amount of the civil penalty that remains unpaid
    47  as of the date of the notice; (e) the violations  for  which  the  civil
    48  penalty  was imposed; and (f) that a judgment by default will be entered
    49  in the supreme court of the county in which the  licensed  premises  are
    50  located,  or  other  court  of  civil  jurisdiction,  or any other place
    51  provided for the entry of civil judgments within the state of  New  York
    52  unless  the  division  receives  full payment of all civil penalties due
    53  within twenty days of the date of the notice of impending default  judg-
    54  ment. If full payment shall not have been received by the division with-
    55  in  thirty  days of mailing of the notice of impending default judgment,
    56  the division shall proceed to enter with such court a statement  of  the
        A. 5920--A                          4
 
     1  default  judgment  containing  the  amount  of  the penalty or penalties
     2  remaining due and unpaid, along with proof of mailing of the  notice  of
     3  impending  default  judgment. The filing of such judgment shall have the
     4  full  force  and  effect  of  a default judgment duly docketed with such
     5  court pursuant to the civil practice law and  rules  and  shall  in  all
     6  respects  be  governed  by  that chapter and may be enforced in the same
     7  manner and with the same effect as that provided by law  in  respect  to
     8  execution issued against property upon judgments of a court of record. A
     9  judgment entered pursuant to this subdivision shall remain in full force
    10  and effect for eight years notwithstanding any other provision of law.
    11    §  3.  This  act  shall take effect on the sixtieth day after it shall
    12  have become a law; provided that the  amendments  to  subdivision  3  of
    13  section 17 of the alcoholic beverage control law, made by section one of
    14  this act, shall not affect the expiration and reversion of such subdivi-
    15  sion  and  shall expire and be deemed repealed therewith, when upon such
    16  date section two of this act shall take effect.