Bill Text: NY S05383 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes the liquor authority to establish a liaison with each community board in the city of New York for matters relating to license or permit issuance, renewal, modification and alteration; clarifies the powers and duties of the New York alcoholic beverage control problem premises task force.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-29 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S05383 Detail]

Download: New_York-2019-S05383-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5383
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 29, 2019
                                       ___________
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          authorizing  the  establishment  of a liaison between the state liquor
          authority and local community  boards,  and  the  New  York  alcoholic
          beverage control problem premises task force
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The alcoholic beverage control law is amended by  adding  a
     2  new section 110-c to read as follows:
     3    §  110-c.  Community liaison. 1. The authority is authorized to desig-
     4  nate a community liaison for each community board located in the city of
     5  New York.
     6    2. The community liaison, upon request of  a  community  board,  shall
     7  ensure  that such board receives all or a select number of notifications
     8  of relevant license and permit applications, hearing notices and license
     9  or permit application dispositions related to license  or  permit  issu-
    10  ance,  renewal, modifications or alterations that are required under the
    11  provisions of this chapter.
    12    3. The community liaison shall:
    13    (a) attend a meeting of the community board, upon the request of  such
    14  board, for which he or she is acting as the liaison;
    15    (b) attend, at least once each year, upon the request of each communi-
    16  ty  board,  a  meeting  of such board, to help build a knowledgeable and
    17  meaningful relationship between the authority and  such  board,  and  to
    18  understand the issues faced by the surrounding community;
    19    (c) submit reports to the authority with respect to issues or concerns
    20  raised by such board; and
    21    (d) upon request of the community board, notify such board of regular-
    22  ly scheduled meetings of the authority that could be of interest to such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03881-01-9

        S. 5383                             2
     1  board and provide an agenda for such meeting at least fifteen days prior
     2  to the meeting.
     3    §  2.   Section 131 of the alcoholic beverage control law, as added by
     4  section 1 of part J of chapter 56 of the laws of  2006,  is  amended  to
     5  read as follows:
     6    §  131.  New  York  alcoholic  beverage  control problem premises task
     7  force. 1. There is hereby created within  the  authority  the  New  York
     8  alcoholic  beverage  control  problem  premises  task force (hereinafter
     9  "task force"), which shall consist of  employees  of  the  authority  as
    10  designated  by  the members of the authority, provided however, that the
    11  task force shall include at least one investigator each from the  Albany
    12  office,  [one  investigator  from] the Buffalo office, and [one investi-
    13  gator from] the New York city office.
    14    2. In any case where the  authority  receives  notification  from  the
    15  mayor,  chief of police, police commissioner, sheriff, or local legisla-
    16  tive body of any city, town or village which  certifies  that  continued
    17  operation  of an on-premises establishment poses [a] an actual or poten-
    18  tially significant threat to  the  public  health,  safety,  or  welfare
    19  [requiring] of the surrounding community that requires immediate action,
    20  the  authority  shall  assign  responsibility for conducting an investi-
    21  gation concerning such premises to the task force. In the  city  of  New
    22  York,  the  community board established pursuant to section twenty-eight
    23  hundred of the New York city charter with jurisdiction over the area  in
    24  which such premises is located shall be considered the appropriate local
    25  legislative body.
    26    3. Not more than fourteen calendar days after receipt by the authority
    27  of  a  notification  as  provided  in this section, the task force shall
    28  commence an investigation into the operation of the  establishment.  The
    29  task  force  shall  complete  its  investigation and the authority shall
    30  commence a disciplinary hearing proceeding pursuant to this chapter  for
    31  revocation  or other appropriate action within forty-five calendar days,
    32  unless the task force determines in written findings that more  time  is
    33  needed  to  satisfactorily complete such investigation or that no disci-
    34  plinary charges are warranted. Such extension of time for completion  of
    35  the  investigation shall be for no more than sixty calendar days. A copy
    36  of any such determination shall be sent to the mayor, chief  of  police,
    37  police  commissioner,  sheriff,  or  local legislative body of the city,
    38  town or village that filed the  notification  with  the  authority.  The
    39  authority  shall notify the mayor, chief of police, police commissioner,
    40  sheriff, or local legislative body of the city,  town  or  village  that
    41  filed  the notification to the authority of the final disposition of the
    42  disciplinary proceeding within ten business days of  the  completion  of
    43  this process.
    44    §  3.    This  act  shall take effect on the one hundred eightieth day
    45  after it shall have become a law.
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