S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5316

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

Introduced  by  M. of A. MOYA -- read once and referred to the Committee
  on Economic Development

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  authorizing the creation of an alcoholic beverage control board in and
  by the city of New York

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Declaration of legislative findings and intent. The  legis-
lature  hereby  finds,  determines  and  declares that it is a matter of
state concern and in the interest of the people of the state to  author-
ize  the  establishment of a city liquor authority in and by the city of
New York. The need for self-regulation of the sale of alcoholic beverag-
es by the city of New York is well documented. There are too many estab-
lishments in close proximity to each other that engage in  the  sale  of
alcoholic beverages. This has resulted in an increase in noise, traffic,
litter,  and criminal activities, especially late at night.  Consequent-
ly, the quality of life in neighborhoods within the city of New York has
deteriorated. Therefore, the legislature finds  and  declares  that  the
creation of a city liquor authority would enable the city of New York to
more  effectively  and  efficiently  monitor  these  establishments  and
enforce the alcoholic beverage  control  law.  The  legislature  further
finds  and  declares  that  the creation of a city liquor authority will
help improve the quality of life in the city of  New  York  as  well  as
insure compliance with other applicable laws.
  It is the intent of the legislature to hereby authorize the establish-
ment  of a city liquor authority in and by the city of New York in order
to provide proper and adequate enforcement  of  the  alcoholic  beverage
control law.
  S  2.  The  alcoholic  beverage control law is amended by adding a new
article 3 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03016-01-3

              

A. 5316                             2

                                 ARTICLE 3
                     NEW YORK CITY LIQUOR AUTHORITY
SECTION 30. DEFINITIONS.
        31. AUTHORITY; COMMISSIONER.
        32. DEPUTIES.
        33. OFFICERS; EMPLOYEES; OFFICES.
        34. DISQUALIFICATION   OF  COMMISSIONER  AND  EMPLOYEES  OF  THE
              AUTHORITY.
        35. FUNCTIONS, POWERS, AND DUTIES OF THE AUTHORITY.
        36. NOTICE TO COMMUNITY BOARDS.
        37. POWERS AND DUTIES OF THE COMMISSIONER.
        38. NECESSARY PARTY.
  S 30. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "AUTHORITY" SHALL MEAN THE NEW YORK CITY LIQUOR AUTHORITY.
  2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF  THE  NEW  YORK  CITY
LIQUOR AUTHORITY.
  S  31. AUTHORITY; COMMISSIONER. THE CITY OF NEW YORK IS HEREBY AUTHOR-
IZED TO ESTABLISH AND MAINTAIN AN AUTHORITY  TO  REGULATE  THE  SALE  OF
ALCOHOLIC  BEVERAGES  WITHIN ITS JURISDICTION AND ENFORCE LAWS AND REGU-
LATIONS THEREFOR, THE HEAD OF WHICH SHALL BE THE COMMISSIONER.
  S 32. DEPUTIES. THE COMMISSIONER MAY APPOINT THREE  DEPUTIES,  ONE  OF
WHOM  MAY  PERFORM  ALL  DUTIES  AND  EXERCISE  ALL OF THE POWERS OF THE
COMMISSIONER WHEN SO AUTHORIZED BY INSTRUMENT IN WRITING TO BE FILED  IN
THE OFFICES OF THE MAYOR AND THE COMPTROLLER OF THE CITY OF NEW YORK.
  S 33. OFFICERS; EMPLOYEES; OFFICES. THE AUTHORITY SHALL HAVE THE POWER
TO  APPOINT  ANY  NECESSARY COUNSELS, ASSISTANTS, INVESTIGATORS, HEARING
OFFICERS, AND OTHER EMPLOYEES. INVESTIGATORS SO EMPLOYED BY THE AUTHORI-
TY SHALL BE DEEMED TO BE PEACE OFFICERS FOR THE PURPOSE OF ENFORCING THE
PROVISIONS OF THIS CHAPTER OR JUDGMENTS OR ORDERS OBTAINED FOR VIOLATION
THEREOF, WITH ALL THE POWERS SET FORTH IN SECTION 2.20 OF  THE  CRIMINAL
PROCEDURE  LAW. THE COUNSEL, SECRETARY, CHIEF EXECUTIVE OFFICER, COMMIS-
SIONERS, AND DEPUTIES SHALL BE IN THE EXEMPT CLASS OF THE CIVIL SERVICE.
THE OTHER ASSISTANTS, HEARING OFFICERS, INVESTIGATORS, AND EMPLOYEES  OF
THE  AUTHORITY  SHALL  ALL  BE  IN  THE  COMPETITIVE  CLASS OF THE CIVIL
SERVICE.
  S 34. DISQUALIFICATION OF COMMISSIONER AND EMPLOYEES OF THE AUTHORITY.
NO COMMISSIONER OF THE AUTHORITY OR ANY OFFICER, DEPUTY,  HEARING  OFFI-
CER,  ASSISTANT,  INSPECTOR, OR EMPLOYEE THEREOF SHALL HAVE AN INTEREST,
DIRECT OR INDIRECT, EITHER PROPRIETARY OR BY MEANS OF ANY LOAN, MORTGAGE
OR LIEN, OR IN ANY OTHER MANNER, IN ANY PREMISES WHERE ALCOHOLIC  BEVER-
AGES  ARE  MANUFACTURED  OR SOLD; NOR SHALL HAVE ANY INTEREST, DIRECT OR
INDIRECT, IN ANY BUSINESS WHOLLY OR PARTIALLY DEVOTED  TO  THE  MANUFAC-
TURE,  SALE,  TRANSPORTATION,  OR STORAGE OF ALCOHOLIC BEVERAGES, OR OWN
ANY STOCK IN ANY CORPORATION WHICH  HAS  ANY  INTEREST,  PROPRIETARY  OR
OTHERWISE, DIRECT OR INDIRECT, IN ANY PREMISES WHERE ALCOHOLIC BEVERAGES
ARE MANUFACTURED OR SOLD, OR IN ANY BUSINESS WHOLLY OR PARTIALLY DEVOTED
TO  THE MANUFACTURE, SALE, TRANSPORTATION OR STORAGE OF ALCOHOLIC BEVER-
AGES, OR RECEIVE ANY PROFIT WHATSOEVER, DIRECT  OR  INDIRECT,  FROM  ANY
PERSON  APPLYING  FOR OR RECEIVING ANY LICENSE OR PERMIT PROVIDED FOR IN
THIS CHAPTER, OR HOLD ANY OTHER PUBLIC OFFICE IN  THE  CITY  OR  IN  ANY
POLITICAL  SUBDIVISION,  EXCEPT  UPON WRITTEN PERMISSION OF THE NEW YORK
CITY CONFLICTS OF INTEREST BOARD.
  S 35. FUNCTIONS, POWERS, AND DUTIES OF THE  AUTHORITY.  THE  AUTHORITY
SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS, AND DUTIES:
  1.  TO  ISSUE OR REFUSE TO ISSUE ANY LICENSE OR PERMIT FOR THE SALE OF
ALCOHOLIC BEVERAGES AT RETAIL.

A. 5316                             3

  2. TO LIMIT, IN ITS DISCRETION, THE NUMBER OF LICENSES OF  EACH  CLASS
TO  BE  ISSUED WITHIN THE CITY OR ANY POLITICAL SUBDIVISION THEREOF AND,
IN CONNECTION THEREWITH, TO PROHIBIT THE ACCEPTANCE OF APPLICATIONS  FOR
SUCH CLASS OR CLASSES OF LICENSES WHICH HAVE BEEN SO LIMITED.
  3.  TO  REVOKE,  CANCEL,  OR  SUSPEND  FOR CAUSE ANY LICENSE OR PERMIT
ISSUED PURSUANT TO THIS CHAPTER AND/OR IMPOSE A CIVIL PENALTY FOR  CAUSE
AGAINST  ANY HOLDER OF A LICENSE OR PERMIT ISSUED PURSUANT TO THIS CHAP-
TER.
  4. TO REMOVE  ANY  EMPLOYEE  FOR  CAUSE,  CONSISTENT  WITH  APPLICABLE
COLLECTIVE  BARGAINING  AGREEMENTS OR LOCAL AND STATE LAWS, AFTER GIVING
SUCH EMPLOYEE A COPY OF THE CHARGES AGAINST HIM OR HER, IN WRITING,  AND
AN OPPORTUNITY TO BE HEARD THEREON.
  5.  TO  HOLD  HEARINGS,  SUBPOENA  WITNESSES, COMPEL THEIR ATTENDANCE,
ADMINISTER OATHS, AND TO EXAMINE ANY PERSON UNDER OATH  IN  RELATION  TO
ANY  MATTERS, DETERMINATIONS, OR PROCEEDINGS PURSUANT TO THIS SECTION. A
SUBPOENA ISSUED PURSUANT TO THIS SECTION SHALL BE REGULATED BY THE CIVIL
PRACTICE LAW AND RULES.
  6. TO MAKE AN ANNUAL REPORT TO THE MAYOR, THE CITY COUNCIL,  AND  EACH
BOROUGH  PRESIDENT  OF  THE  CITY  OF NEW YORK OF ITS ACTIVITIES FOR THE
PRECEDING YEAR.
  7. TO APPOINT SUCH ADVISORY GROUPS AND COMMITTEES AS IT  DEEMS  NECES-
SARY  TO  PROVIDE  ASSISTANCE TO THE AUTHORITY TO CARRY OUT THE PURPOSES
AND OBJECTIVES OF THIS CHAPTER.
  8. UPON RECEIPT OF A RESOLUTION ADOPTED BY THE COUNCIL OF THE CITY  OF
NEW  YORK  REQUESTING  FURTHER RESTRICTION OF HOURS OF SALE OF ALCOHOLIC
BEVERAGES WITHIN SUCH CITY, AND UPON NOTICE AND HEARING WITHIN THE  CITY
OF  NEW YORK, TO APPROVE OR DISAPPROVE SUCH HOURS WITHIN THE CITY OF NEW
YORK.
  9. THE AUTHORITY SHALL EXERCISE ITS POWERS  AND  DUTIES  IN  A  MANNER
CONSISTENT WITH ALL APPLICABLE LAWS.
  S  36.  NOTICE  TO  COMMUNITY BOARDS. AMONG OTHER INFORMATION THAT THE
AUTHORITY SHALL CONSIDER IN GRANTING OR REVOKING LICENSES,  WHICH  SHALL
BE  DETAILED IN THE RULES AND REGULATIONS PROMULGATED PURSUANT TO SUBDI-
VISION SEVEN OF SECTION THIRTY-SEVEN  OF  THIS  ARTICLE,  THE  AUTHORITY
SHALL NOTIFY LOCAL COMMUNITY BOARDS OF ANY PENDING ACTIONS, HEARINGS, OR
DETERMINATIONS  WITHIN  OR AFFECTING AREAS WITHIN SUCH COMMUNITY BOARD'S
JURISDICTION. SUCH NOTICE SHALL BE MADE IN WRITING AT LEAST FIFTEEN DAYS
PRIOR TO SUCH ACTION, HEARING, OR DETERMINATION. RESPONSES SUBMITTED  BY
THE  AFFECTED COMMUNITY BOARD SHALL BE CONSIDERED BY THE AUTHORITY WHERE
APPLICABLE.
  S 37. POWERS AND DUTIES OF THE COMMISSIONER.  THE  COMMISSIONER  SHALL
HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
  1.  TO  EXERCISE  THE POWERS AND PERFORM THE DUTIES IN RELATION TO THE
ADMINISTRATION OF THE AUTHORITY.
  2. TO PERFORM THE ADMINISTRATIVE FUNCTIONS OF THE AUTHORITY.
  3. TO KEEP RECORDS IN SUCH FORM AS HE OR  SHE  MAY  PRESCRIBE  OF  ALL
LICENSES  AND  PERMITS  ISSUED  AND REVOKED WITHIN THE CITY OF NEW YORK;
SUCH RECORDS SHALL BE SO KEPT AS TO PROVIDE READY INFORMATION AS TO  THE
IDENTITY  OF  ALL  LICENSEES,  INCLUDING  THE  NAMES OF THE OFFICERS AND
DIRECTORS OF CORPORATE LICENSEES AND THE LOCATION OF ALL LICENSED  PREM-
ISES.
  4.  TO  INSPECT  OR  PROVIDE  FOR THE INSPECTION OF ANY PREMISES WHERE
ALCOHOLIC BEVERAGES ARE MANUFACTURED OR SOLD.
  5. TO PRESCRIBE FORMS OF APPLICATIONS FOR LICENSES AND  PERMITS  UNDER
THIS CHAPTER AND OF ALL REPORTS DEEMED NECESSARY BY THE AUTHORITY.

A. 5316                             4

  6.  TO DELEGATE TO THE OFFICERS AND EMPLOYEES OF THE AUTHORITY SUCH OF
HIS OR HER POWERS AND DUTIES AS HE OR SHE MAY DETERMINE.
  7.  TO FORMULATE, ADOPT, PROMULGATE, AND ENFORCE, PURSUANT TO THE CITY
ADMINISTRATIVE PROCEDURE ACT, COMPLETE RULES, REGULATIONS,  ORDERS,  AND
DIRECTIONS  FOR THE SECURITY OF LIFE AND HEALTH IN THE CITY, WHICH SHALL
NOT BE INCONSISTENT WITH THE STATE'S ALCOHOLIC BEVERAGE CONTROL LAWS.
  S 38. NECESSARY PARTY. THE AUTHORITY SHALL BE A PARTY TO  ALL  ACTIONS
AND  PROCEEDINGS  AFFECTING  IN ANY MANNER THE ISSUANCE OR REVOCATION OF
LICENSES TO RETAILERS AND TO ALL INJUNCTION PROCEEDINGS AGAINST LICENSED
RETAILERS WITHIN ITS JURISDICTION.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law and shall apply to all
licenses issued, renewed, modified, or altered on or after  such  effec-
tive date.