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S05529 Summary:

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S05529 Floor Votes:

S05529 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5529--B
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                      May 16, 2013
                                       ___________
 
        Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations -- reported favorably from said committee, ordered  to
          first  and  second  report,  ordered  to  a third reading, amended and
          ordered reprinted, retaining its place in the order of  third  reading

          -- recommitted to the Committee on Investigations and Government Oper-
          ations  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          on-premises license or permit for the provision of alcohol by a volun-
          teer firefighters' organization
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section  128  of  the  alcoholic  beverage
     2  control  law,  as amended by chapter 885 of the laws of 1985, is amended
     3  to read as follows:
     4    1. Except as otherwise provided in section one hundred  twenty-eight-a
     5  and  section  one  hundred  twenty-eight-b  of this article, it shall be

     6  unlawful  for  any  police  commissioner,  police  inspector,   captain,
     7  sergeant,  roundsman,  patrolman or other police official or subordinate
     8  of any police department in the state, to be either  directly  or  indi-
     9  rectly  interested  in the manufacture or sale of alcoholic beverages or
    10  to offer for sale, or recommend to any licensee any alcoholic beverages.
    11  A person may not be denied any license granted under the  provisions  of
    12  sections  fifty-four,  fifty-five,  fifty-nine, sixty-three, sixty-four,
    13  seventy-nine, eighty-one, or article seven of this chapter solely on the
    14  grounds of being the spouse of a public servant described in this subdi-
    15  vision. The solicitation or recommendation  made  to  any  licensee,  to
    16  purchase  any  alcoholic beverages by any police official or subordinate
    17  as hereinabove described, shall be presumptive evidence of the  interest
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10948-07-4
        S. 5529--B                          2
 
     1  of  such official or subordinate in the manufacture or sale of alcoholic
     2  beverages.
     3    §  2.  The  alcoholic  beverage control law is amended by adding a new
     4  section 128-b to read as follows:
     5    § 128-b. Police officers allowed to serve as an officer of a volunteer
     6  firefighters' organization. Notwithstanding any  inconsistent  provision
     7  of law to the contrary, a volunteer firefighters' organization shall not
     8  be  precluded  from  applying for an on-premises license or permit under

     9  the provisions of this chapter due to the presence of a  police  officer
    10  serving as an officer of such organization and the state liquor authori-
    11  ty shall be authorized to issue such license or permit.
    12    § 3. This act shall take effect immediately.