Provides for the revocation of the license of any premises found by the state liquor authority on 3 or more occasions, during any 24 consecutive month period of time, to have committed violations; prohibits premises from being licensed for 3 years following revocation.
STATE OF NEW YORK
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2445
2013-2014 Regular Sessions
IN SENATE
January 17, 2013
___________
Introduced by Sen. KLEIN -- 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
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
property law, in relation to providing for the filing by the state
liquor authority of such revocation order
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 113 of the alcoholic beverage control law is
2 amended by adding a new subdivision 4 to read as follows:
3 4. Where the liquor authority has issued an order revoking the license
4 or permit for any premises, for a period of two years after such revoca-
5 tion, for such licensed premises or for any part of the building
6 containing such licensed premises and connected therewith, a certified
7 copy of such order shall without fee be filed with, recorded and indexed
8 by the clerk of the county in which such premises are situated as an
9 order affecting real property in accordance with section two hundred
10 ninety-seven-b of the real property law.
11 § 2. Subdivision 1 of section 118 of the alcoholic beverage control
12 law is amended by adding a new paragraph (c) to read as follows:
13 (c) For having been found on three or more separate occasions, guilty
14 for causes or violations during any period of twenty-four consecutive
15 months.
16 § 3. Subdivision 3 of section 118 of the alcoholic beverage control
17 law, as added by chapter 536 of the laws of 1996, is amended to read as
18 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06797-01-3
S. 2445 2
1 3. As used in this section, the term "for cause" shall also include
2 the existence of a sustained and continuing pattern of noise, disturb-
3 ance, misconduct, or disorder on or about the licensed premises, related
4 to the operation of the premises or the conduct of its patrons, which
5 adversely affects the health, welfare or safety of the inhabitants of
6 the area in which such licensed premises are located. Furthermore, such
7 term shall include the commission of a felony defined in the penal law
8 or a serious offense, as defined in subdivision seventeen of section
9 265.00 of the penal law, upon the licensed premises; building and fire
10 prevention regulation and code violations upon the licensed premises
11 which endanger the public health, safety or welfare; exceeding the
12 authorized capacity of persons in the licensed premises; and any other
13 violation of any law, rule or regulation, upon or about the licensed
14 premises, which endangers the public health, safety and welfare.
15 § 4. Section 297-b of the real property law, as amended by chapter 311
16 of the laws of 1964, is amended to read as follows:
17 § 297-b. Recording of certified copies of judgments affecting real
18 property. When a judgment, final order or decree is rendered by a New
19 York state court of record or a United States district court or the
20 state liquor authority affecting the title to or possession, use or
21 enjoyment of real property, a copy of such judgment, order or decree,
22 duly certified by the clerk of the court or the secretary to the liquor
23 authority wherein said judgment, final order or decree was rendered, may
24 be recorded in the office of the recording officer of the county in
25 which such property is situated, in the same manner as a conveyance duly
26 acknowledged or proved and certified so as to entitle it to be recorded,
27 and such recording officer shall upon request and on tender of the
28 lawful fees therefor, record the same in his said office, except that no
29 fee shall be required in connection with the filing, recording and
30 indexing of any order of the liquor authority.
31 For purposes of recording and indexing such judgment, order or decree,
32 the prevailing party or parties named therein shall be deemed grantees
33 and all other persons named therein shall be deemed grantors.
34 § 5. This act shall take effect immediately.
