Bill S1297-2011

Authorizes police services arrangements for particular areas under circumstances and conditions that maintain disinterest

Authorizes police services arrangements for particular areas under circumstances and conditions that maintain disinterest.

Details

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  • Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 6, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S1297

TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to providing funds for certain police services

PURPOSE OR GENERAL IDEA OF BILL:

To protect public safety and quality of life in areas affected by bars and clubs by authorizing on-duty police officials to provide additional police services in an area, with the municipality being reimbursed by an entity representing more than one liquor licensees.

SUMMARY OF SPECIFIC PROVISIONS: This bill adds a new subdivision to §128 of the Alcoholic Beverage Control Law, authorizing on-duty police to provide police services in a particular area, where funds supporting the activity are paid to the police department or municipality by an entity representing more than one licensee, and personnel are on duty and under the command of the police department.

JUSTIFICATION: Some communities have been seriously affected by the noise, traffic and even criminal activity that can sometimes result from concentrations of bars and clubs in an area. Bar and club owners have expressed a willingness to pay for additional police protection in affected areas, through a program such as New York City's "paid detail" program.

However, ABC Law § 128 prohibits police officers from having any "interest" in a liquor licensee, including being paid by the licensee to provide security or other services (with limited statutory exceptions). This has raised questions as to whether licensees or entities representing a group of licensees may pay for "paid detail" arrangements with local police.

This legislation would authorize such an arrangement, at the option of the municipality, with important protections for the police and the public, to avoid any possible conflict of interest or inappropriate activity. The police involved would at all times be on duty and under ordinary police command, providing police services. Funding could not come from anyone licensee, nor would it go directly from a licensee to the police department or a police officer. The funding, which could originate with licensees, would have to go through an entity (which could be a trade association, a business improvement district, or other organization) representing more than one licensee, and it would go the department or municipality. Police personnel would receive their ordinary compensation, and they would be providing ordinary police services on duty and under police command. They would in no way be "security" for a licensee.

Responsible licensees would be able to support necessary additional police services to help control and prevent disruptive and dangerous situations.

PRIOR LEGISLATIVE HISTORY: 2009: S.3343, Died in Investigations & Government Operations 2010: S.3343, Died in Investigations & Government Operations

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1297 2011-2012 Regular Sessions IN SENATE January 6, 2011 ___________
Introduced by Sen. DUANE -- 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 providing funds for certain police services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 128 of the alcoholic beverage control law is amended by adding a new subdivision 3 to read as follows: 3. THIS SECTION DOES NOT PROHIBIT ANY POLICE COMMISSIONER, POLICE INSPECTOR, CAPTAIN, SERGEANT, ROUNDSMAN, PATROLMAN OR OTHER POLICE OFFI- CIAL OR SUBORDINATE OF ANY POLICE DEPARTMENT IN THE STATE FROM PROVIDING POLICE SERVICES, INCLUDING A PAID DETAIL ARRANGEMENT, FOR A PARTICULAR AREA WHILE ON DUTY; PROVIDED THAT: (A) ANY FUNDS SUPPORTING THAT ACTIVITY THAT COME DIRECTLY OR INDIRECT- LY FROM A LICENSEE ARE PROVIDED THROUGH AN ENTITY REPRESENTING MORE THAN ONE LICENSEE AND ARE PAID BY THE ENTITY TO THE POLICE DEPARTMENT OR THE PUBLIC ENTITY OF WHICH THE DEPARTMENT IS A PART; (B) THE POLICE PERSONNEL ARE AT ALL TIMES UNDER THE COMMAND OF THE POLICE DEPARTMENT AND PERFORM LAW ENFORCEMENT DUTIES; AND (C) THE ARRANGEMENT IS APPROVED BY THE POLICE DEPARTMENT OR PUBLIC ENTITY OF WHICH THE DEPARTMENT IS A PART AND IS OTHERWISE CONSISTENT WITH APPLICABLE STATE OR LOCAL LAW. S 2. This act shall take effect immediately.

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