Bill Text: NY A06188 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides for the establishment of a New York city liquor authority to license and regulate the retail alcoholic beverage business in the city; provides for its functions, powers, and duties; places limits on conflicts of interest.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-27 - referred to economic development [A06188 Detail]
Download: New_York-2017-A06188-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6188 2017-2018 Regular Sessions IN ASSEMBLY February 27, 2017 ___________ Introduced by M. of A. MOYA -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to authorizing the creation of an alcoholic beverage control board in and by the city of New York The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Declaration of legislative findings and intent. The legis- 2 lature hereby finds, determines and declares that it is a matter of 3 state concern and in the interest of the people of the state to author- 4 ize the establishment of a city liquor authority in and by the city of 5 New York. The need for self-regulation of the sale of alcoholic beverag- 6 es by the city of New York is well documented. There are too many estab- 7 lishments in close proximity to each other that engage in the sale of 8 alcoholic beverages. This has resulted in an increase in noise, traffic, 9 litter, and criminal activities, especially late at night. Consequent- 10 ly, the quality of life in neighborhoods within the city of New York has 11 deteriorated. Therefore, the legislature finds and declares that the 12 creation of a city liquor authority would enable the city of New York to 13 more effectively and efficiently monitor these establishments and 14 enforce the alcoholic beverage control law. The legislature further 15 finds and declares that the creation of a city liquor authority will 16 help improve the quality of life in the city of New York as well as 17 insure compliance with other applicable laws. 18 It is the intent of the legislature to hereby authorize the establish- 19 ment of a city liquor authority in and by the city of New York in order 20 to provide proper and adequate enforcement of the alcoholic beverage 21 control law. 22 § 2. The alcoholic beverage control law is amended by adding a new 23 article 3 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07097-01-7A. 6188 2 1 ARTICLE 3 2 NEW YORK CITY LIQUOR AUTHORITY 3 Section 30. Definitions. 4 31. Authority; commissioner. 5 32. Deputies. 6 33. Officers; employees; offices. 7 34. Disqualification of commissioner and employees of the 8 authority. 9 35. Functions, powers, and duties of the authority. 10 36. Notice to community boards. 11 37. Powers and duties of the commissioner. 12 38. Necessary party. 13 § 30. Definitions. As used in this article: 14 1. "Authority" shall mean the New York city liquor authority. 15 2. "Commissioner" shall mean the commissioner of the New York city 16 liquor authority. 17 § 31. Authority; commissioner. The city of New York is hereby author- 18 ized to establish and maintain an authority to regulate the sale of 19 alcoholic beverages within its jurisdiction and enforce laws and regu- 20 lations therefor, the head of which shall be the commissioner. 21 § 32. Deputies. The commissioner may appoint three deputies, one of 22 whom may perform all duties and exercise all of the powers of the 23 commissioner when so authorized by instrument in writing to be filed in 24 the offices of the mayor and the comptroller of the city of New York. 25 § 33. Officers; employees; offices. The authority shall have the power 26 to appoint any necessary counsels, assistants, investigators, hearing 27 officers, and other employees. Investigators so employed by the authori- 28 ty shall be deemed to be peace officers for the purpose of enforcing the 29 provisions of this chapter or judgments or orders obtained for violation 30 thereof, with all the powers set forth in section 2.20 of the criminal 31 procedure law. The counsel, secretary, chief executive officer, commis- 32 sioners, and deputies shall be in the exempt class of the civil service. 33 The other assistants, hearing officers, investigators, and employees of 34 the authority shall all be in the competitive class of the civil 35 service. 36 § 34. Disqualification of commissioner and employees of the authority. 37 No commissioner of the authority or any officer, deputy, hearing offi- 38 cer, assistant, inspector, or employee thereof shall have an interest, 39 direct or indirect, either proprietary or by means of any loan, mortgage 40 or lien, or in any other manner, in any premises where alcoholic bever- 41 ages are manufactured or sold; nor shall have any interest, direct or 42 indirect, in any business wholly or partially devoted to the manufac- 43 ture, sale, transportation, or storage of alcoholic beverages, or own 44 any stock in any corporation which has any interest, proprietary or 45 otherwise, direct or indirect, in any premises where alcoholic beverages 46 are manufactured or sold, or in any business wholly or partially devoted 47 to the manufacture, sale, transportation or storage of alcoholic bever- 48 ages, or receive any profit whatsoever, direct or indirect, from any 49 person applying for or receiving any license or permit provided for in 50 this chapter, or hold any other public office in the city or in any 51 political subdivision, except upon written permission of the New York 52 city conflicts of interest board. 53 § 35. Functions, powers, and duties of the authority. The authority 54 shall have the following functions, powers, and duties: 55 1. To issue or refuse to issue any license or permit for the sale of 56 alcoholic beverages at retail.A. 6188 3 1 2. To limit, in its discretion, the number of licenses of each class 2 to be issued within the city or any political subdivision thereof and, 3 in connection therewith, to prohibit the acceptance of applications for 4 such class or classes of licenses which have been so limited. 5 3. To revoke, cancel, or suspend for cause any license or permit 6 issued pursuant to this chapter and/or impose a civil penalty for cause 7 against any holder of a license or permit issued pursuant to this chap- 8 ter. 9 4. To remove any employee for cause, consistent with applicable 10 collective bargaining agreements or local and state laws, after giving 11 such employee a copy of the charges against him or her, in writing, and 12 an opportunity to be heard thereon. 13 5. To hold hearings, subpoena witnesses, compel their attendance, 14 administer oaths, and to examine any person under oath in relation to 15 any matters, determinations, or proceedings pursuant to this section. A 16 subpoena issued pursuant to this section shall be regulated by the civil 17 practice law and rules. 18 6. To make an annual report to the mayor, the city council, and each 19 borough president of the city of New York of its activities for the 20 preceding year. 21 7. To appoint such advisory groups and committees as it deems neces- 22 sary to provide assistance to the authority to carry out the purposes 23 and objectives of this chapter. 24 8. Upon receipt of a resolution adopted by the council of the city of 25 New York requesting further restriction of hours of sale of alcoholic 26 beverages within such city, and upon notice and hearing within the city 27 of New York, to approve or disapprove such hours within the city of New 28 York. 29 9. The authority shall exercise its powers and duties in a manner 30 consistent with all applicable laws. 31 § 36. Notice to community boards. Among other information that the 32 authority shall consider in granting or revoking licenses, which shall 33 be detailed in the rules and regulations promulgated pursuant to subdi- 34 vision seven of section thirty-seven of this article, the authority 35 shall notify local community boards of any pending actions, hearings, or 36 determinations within or affecting areas within such community board's 37 jurisdiction. Such notice shall be made in writing at least fifteen days 38 prior to such action, hearing, or determination. Responses submitted by 39 the affected community board shall be considered by the authority where 40 applicable. 41 § 37. Powers and duties of the commissioner. The commissioner shall 42 have the following functions, powers and duties: 43 1. To exercise the powers and perform the duties in relation to the 44 administration of the authority. 45 2. To perform the administrative functions of the authority. 46 3. To keep records in such form as he or she may prescribe of all 47 licenses and permits issued and revoked within the city of New York; 48 such records shall be so kept as to provide ready information as to the 49 identity of all licensees, including the names of the officers and 50 directors of corporate licensees and the location of all licensed prem- 51 ises. 52 4. To inspect or provide for the inspection of any premises where 53 alcoholic beverages are manufactured or sold. 54 5. To prescribe forms of applications for licenses and permits under 55 this chapter and of all reports deemed necessary by the authority.A. 6188 4 1 6. To delegate to the officers and employees of the authority such of 2 his or her powers and duties as he or she may determine. 3 7. To formulate, adopt, promulgate, and enforce, pursuant to the city 4 administrative procedure act, complete rules, regulations, orders, and 5 directions for the security of life and health in the city, which shall 6 not be inconsistent with the state's alcoholic beverage control laws. 7 § 38. Necessary party. The authority shall be a party to all actions 8 and proceedings affecting in any manner the issuance or revocation of 9 licenses to retailers and to all injunction proceedings against licensed 10 retailers within its jurisdiction. 11 § 3. This act shall take effect on the first of January next succeed- 12 ing the date on which it shall have become a law and shall apply to all 13 licenses issued, renewed, modified, or altered on or after such effec- 14 tive date.
