Bill Text: NY S01665 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits the issuance of violations or fines for failure to properly supervise certain premises during the COVID-19 state disaster emergency for violations of Executive Order 202; provides that any other fine issued during the COVID-19 state disaster emergency shall be suspended if after six months the licensee does not have any subsequent violations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01665 Detail]

Download: New_York-2021-S01665-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1665

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 14, 2021
                                       ___________

        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        AN ACT to prohibit the issuance of violations or fines  for  failure  to
          properly supervise certain premises during the COVID-19 state disaster
          emergency

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. No violation or fine shall be issued by  the  state  liquor
     2  authority, or its designee, to a licensee for failure to properly super-
     3  vise  their  premises  as  a result of a violation of an executive order
     4  issued during the duration of  the  state  disaster  emergency  declared
     5  pursuant  to Executive Order No. 202 of 2020, as amended, and as further
     6  extended by any  subsequent  or  future  executive  order,  unless  such
     7  violation  is  committed intentionally or recklessly pursuant to a prior
     8  written lawful order or direction to cease and desist such activities.
     9    For purposes of this act, it shall be a  presumption  that  the  first
    10  violation of failure to supervise their premises shall not be determined
    11  to  be  an  intentional  or  reckless  disregard for the executive order
    12  unless such violation is established by clear and convincing evidence to
    13  rebut such presumption.
    14    Any other fine issued by the state liquor authority to a licensee  for
    15  a  violation  of  an  executive  order issued during the duration of the
    16  state disaster emergency declared pursuant to Executive Order No. 202 of
    17  2020, as amended, and as further extended by any  subsequent  or  future
    18  executive  order,  shall  be suspended if after six months such licensee
    19  does not have a subsequent violation of the alcoholic  beverage  control
    20  law or an executive order issued during the duration of the state disas-
    21  ter  emergency  declared pursuant to Executive Order No. 202 of 2020, as
    22  amended, and as further extended by any subsequent or  future  executive

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03937-02-1
        S. 1665                             2

     1  order,  and  is  in compliance with the rules set forth in the license's
     2  application requirements.
     3    Any  violation of an executive order issued during the duration of the
     4  state disaster emergency declared pursuant to Executive Order No. 202 of
     5  2020, as amended, and as further extended by any  subsequent  or  future
     6  executive  order,  sustained  against  a  licensee  by  the state liquor
     7  authority shall not be considered adverse history in any future proceed-
     8  ing.
     9    For the purposes of this section, the term  "licensee"  shall  mean  a
    10  person  or  entity  who holds a license issued pursuant to the alcoholic
    11  beverage control law to sell alcoholic beverages for consumption on  the
    12  premises.
    13    §  2.  This  act  shall take effect immediately and shall be deemed to
    14  have been in full force and effect on and after March 7, 2020.