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A10869 Summary:

BILL NOA10869
 
SAME ASNo Same As
 
SPONSORGray
 
COSPNSR
 
MLTSPNSR
 
Add §132, ABC L
 
Enacts the "responsible neighborhood preservation act" in relation to establishing adjusted closing hours for certain licensed premises due to recurring law enforcement interventions.
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A10869 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10869
 
                   IN ASSEMBLY
 
                                      April 8, 2026
                                       ___________
 
        Introduced  by  M. of A. GRAY -- read once and referred to the Committee
          on Economic Development
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          establishing closing hours for certain licensed premises due to recur-
          ring law enforcement interventions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "responsible neighborhood preservation act".
     3    § 2. Legislative findings and intent. The legislature hereby finds and
     4  declares  that  the operation of licensed premises for the sale of alco-
     5  holic beverages can have a significant impact on the quality of life  in
     6  the  neighborhoods  where  such  premises  are  located. The legislature
     7  further finds that repeated law enforcement interventions  at  the  same
     8  premises  can be indicative of management practices that are detrimental
     9  to the health, safety, and welfare of the community. It  is,  therefore,
    10  the  intent of the legislature to encourage the responsible operation of
    11  such premises and to provide for the mitigation of  adverse  impacts  on
    12  the community.
    13    §  3.  The  alcoholic  beverage control law is amended by adding a new
    14  section 132 to read as follows:
    15    § 132. Adjustment of closing hours following recurring law enforcement
    16  response. 1. Notwithstanding any other provision of law, rule, or  regu-
    17  lation  to  the  contrary, any premises licensed under this chapter that
    18  has required a response by law enforcement officers on more  than  three
    19  separate  occasions  in  any  one  calendar month shall have its closing
    20  hours adjusted to no later than midnight on all days of the week, for  a
    21  period of no less than six months.
    22    2.  For  the  purposes of this section, a "response by law enforcement
    23  officers" shall mean any instance where  law  enforcement  officers  are
    24  dispatched  to  the licensed premises in response to a call or complaint
    25  alleging activities including, but not limited to,  disorderly  conduct,
    26  noise  violations,  fights,  disturbances, public intoxication, or other
    27  criminal activity.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14285-01-5

        A. 10869                            2
 
     1    3. The state liquor authority shall promulgate rules  and  regulations
     2  necessary for the enforcement of this section, including but not limited
     3  to  the  establishment  of  a  process for documenting and verifying law
     4  enforcement responses and a process for the licensed premises to  appeal
     5  the adjustment of closing hours.
     6    4. The provisions of this section shall apply to all premises licensed
     7  under this chapter located in the state of New York.
     8    § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
     9  sion,  section  or  part  of  this act shall be adjudged by any court of
    10  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    11  impair,  or  invalidate  the remainder thereof, but shall be confined in
    12  its operation to the clause, sentence, paragraph,  subdivision,  section
    13  or part thereof directly involved in the controversy in which such judg-
    14  ment shall have been rendered. It is hereby declared to be the intent of
    15  the  legislature  that  this  act  would  have been enacted even if such
    16  invalid provisions had not been included herein.
    17    § 5. This act shall take effect on the ninetieth day  after  it  shall
    18  have become a law; provided, however, that the state liquor authority is
    19  authorized  and  directed  to promulgate rules and regulations necessary
    20  for the implementation of this act on or before such date.
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