Bill Text: NY S04085 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to adding to definition of "for cause" in instances of revocation of licenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-18 - SUBSTITUTED BY A6857A [S04085 Detail]

Download: New_York-2015-S04085-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4085--B
            Cal. No. 49
                               2015-2016 Regular Sessions
                    IN SENATE
                                    February 26, 2015
                                       ___________
        Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations -- recommitted to the Committee on Investigations  and
          Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
          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 -- again amended and
          ordered reprinted, retaining its place in the order of third reading
        AN ACT to amend the alcoholic beverage control law, in relation  to  the
          definition of "for cause" revocation of licenses
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section  118  of  the  alcoholic  beverage
     2  control  law, as added by chapter 536 of the laws of 1996, is amended to
     3  read as follows:
     4    3. (a) As used in this  section,  the  term  "for  cause"  shall  also
     5  include  the  existence  of a sustained and continuing pattern of noise,
     6  disturbance, misconduct, or disorder on or about the licensed  premises,
     7  related  to the operation of the premises or the conduct of its patrons,
     8  which adversely affects the health, welfare or safety of the inhabitants
     9  of the area in which such licensed premises are located.
    10    (b) (i) As used in this section,  the  term  "for  cause"  shall  also
    11  include,  for  licensees  that  sell alcoholic beverages for on premises
    12  consumption, deliberately misleading the authority:
    13    (A) as to the nature and character of the business to be  operated  on
    14  the licensed premises; or
    15    (B) by substantially altering the nature or character of such business
    16  at  the  licensed  premises  during the licensing period without seeking
    17  appropriate approvals from the authority.
    18    (ii) As used in this subdivision, the term "substantially altering the
    19  nature or character" of such business shall mean any significant  alter-
    20  ation  in the scope of business activities conducted at a licensed prem-
    21  ises that would require obtaining an alternate form of license.
    22    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03948-15-6