S1297-2011 Actions

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

S1297-2011 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.

S1297-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1297
 2011-2012 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01197-01-1

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