Bill Text: NY S08181 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Authorizes the denial of the issuance or renewal of a cabaret license in the city of New York upon the determination of the community board that the licensed premises would have a negative impact on the surrounding community; authorizes the imposition of a fine of up to $10,000 for unlicensed operation of a cabaret or for violations by cabarets; provides for mandatory suspension or revocation of a cabaret license for violations thereof.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-08-26 - REFERRED TO RULES [S08181 Detail]

Download: New_York-2015-S08181-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          8181
                    IN SENATE
                                     August 26, 2016
                                       ___________
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation to the licensing of cabarets
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision a of section 20-360 of the administrative  code
     2  of the city of New York is amended to read as follows:
     3    a.  It  shall be unlawful for any person to conduct, maintain or oper-
     4  ate, or engage in the business of conducting, maintaining or  operating,
     5  a  public dance hall, cabaret or catering establishment unless the prem-
     6  ises wherein the same is conducted, maintained or operated are  licensed
     7  in the manner prescribed herein. The commissioner shall impose a fine of
     8  not  more  than ten thousand dollars for each violation of this subdivi-
     9  sion for the maintenance or operation of a cabaret, and he or she  shall
    10  consider  each such violation when determining whether to issue or renew
    11  a license pursuant to this subchapter.
    12    § 2. Paragraph 7 of subdivision a of section 20-361 of the administra-
    13  tive code of the city of New York, as renumbered by local law number  34
    14  of  the  city  of New York for the year 1986, is amended and a new para-
    15  graph 8 is added to read as follows:
    16    7. the applicant, its officers,  principals,  directors,  stockholders
    17  owning more than ten percent of the outstanding stock of the corporation
    18  and  employees thereof at the premises on which the licensed business is
    19  to be conducted have at least three times been proven to be in violation
    20  of the provisions of subchapter one of chapter five  of  this  title  of
    21  this code or of any regulations promulgated thereunder[.];
    22    8. in the case of an application for a license to maintain and operate
    23  a  cabaret  and  upon  thirty days notice to the community board for the
    24  community in which the licensed premises is to  exist  or  exists,  such
    25  community  board determines that the issuance or renewal of such license
    26  would have a negative impact upon the surrounding community.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16022-02-6
        S. 8181                             2
     1    § 3. Subdivision a of section 20-369 of the administrative code of the
     2  city of New York, as amended by local law number 34 of the city  of  New
     3  York for the year 1986, is amended to read as follows:
     4    a. The commissioner may suspend or revoke a license for conduct of the
     5  licensee, its officers, principals, directors, agents or employees or in
     6  a  closely  held corporation, stockholders that would constitute grounds
     7  for denying the issuance of renewal of a  license  pursuant  to  section
     8  20-361  of  this [code] subchapter.  Provided, however, that in the case
     9  of a cabaret license, the commissioner  shall  suspend  or  revoke  such
    10  license  for  a  period of not less than sixty days and impose a fine of
    11  not more than ten thousand dollars for each instance of conduct  of  the
    12  licensee,  its  officers, principals, directors, agents or employees, or
    13  in a closely  held  corporation,  stockholders,  that  would  constitute
    14  grounds  for denying the issuance or renewal of such license pursuant to
    15  section 20-361 of this subchapter.
    16    § 4. This act shall take effect on the first of January next  succeed-
    17  ing the date on which it shall have become a law.