S T A T E O F N E W Y O R K ________________________________________________________________________ 4809 2011-2012 Regular Sessions I N S E N A T E April 27, 2011 ___________ Introduced by Sen. LANZA -- 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 and the real property law, in relation to providing for the filing of a state liquor author- ity order imposing against revoked premises a proscription against future licensure THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 113 of the alcoholic beverage control law is 2 amended by adding a new subdivision 4 to read as follows: 3 4. WHERE THE LIQUOR AUTHORITY HAS ISSUED AN ORDER REVOKING THE LICENSE 4 FOR ANY PREMISES AND IMPOSING A PROSCRIPTION REFUSING THE ISSUANCE OF A 5 LICENSE UNDER THIS CHAPTER, FOR A PERIOD OF TWO YEARS AFTER SUCH REVOCA- 6 TION, FOR SUCH LICENSED PREMISES OR FOR ANY PART OF THE BUILDING 7 CONTAINING SUCH LICENSED PREMISES AND CONNECTED THEREWITH, OR HAS ISSUED 8 AN ORDER MODIFYING OR RESCINDING A PROSCRIPTION PREVIOUSLY IMPOSED, A 9 CERTIFIED COPY OF SUCH ORDER SHALL WITHOUT FEE BE FILED WITH, RECORDED 10 AND INDEXED BY THE CLERK OF THE COUNTY IN WHICH SUCH PREMISES ARE SITU- 11 ATED AS AN ORDER AFFECTING REAL PROPERTY IN ACCORDANCE WITH SECTION TWO 12 HUNDRED NINETY-SEVEN-B OF THE REAL PROPERTY LAW. 13 S 2. Section 297-b of the real property law, as amended by chapter 311 14 of the laws of 1964, is amended to read as follows: 15 S 297-b. Recording of certified copies of judgments affecting real 16 property. When a judgment, final order or decree is rendered by a New 17 York state court of record or a United States district court OR THE NEW 18 YORK STATE LIQUOR AUTHORITY affecting the title to or possession, use or 19 enjoyment of real property, a copy of such judgment, order or decree, 20 duly certified by the clerk of the court OR THE SECRETARY TO THE LIQUOR 21 AUTHORITY wherein said judgment, FINAL ORDER OR DECREE was rendered, may 22 be recorded in the office of the recording officer of the county in EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08857-01-1 S. 4809 2 1 which such property is situated, in the same manner as a conveyance duly 2 acknowledged or proved and certified so as to entitle it to be recorded, 3 and such recording officer shall upon request and on tender of the 4 lawful fees therefor, record the same in his said office, EXCEPT THAT NO 5 FEE SHALL BE REQUIRED IN CONNECTION WITH THE FILING, RECORDING AND 6 INDEXING OF ANY ORDER OF THE LIQUOR AUTHORITY. 7 For purposes of recording and indexing such judgment, order or decree, 8 the prevailing party or parties named therein shall be deemed grantees 9 and all other persons named therein shall be deemed grantors. 10 S 3. This act shall take effect immediately.