Provides for the revocation of the license of any premises found by the state liquor authority on 3 or more occasions, during any 24 consecutive month period of time, to have committed violations; prohibits premises from being licensed for 3 years following revocation.
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to requiring the revocation of the license or permit of any holder which has been found on three or more occasions to have committed violations and prohibiting the issuance of any license or permit, for not less than three years, after the revocation thereof; and to amend the real property law, in relation to providing for the filing by the state liquor authority of such revocation order
PURPOSE: The purpose of this bill is to institute a "three strikes you are out" standard to revoke any license issued pursuant to the alcoholic beverage control law (ABC) including licenses to sell alcoholic beverages for on or off premises consumption. Under current law, there is no bright line standard to automatically revoke a license to sell alcoholic beverages for a premises in which it has been the scene of multiple crimes that seriously endanger the public health, safety or general welfare. This bill will give regulators a tool that they can use to close down establishments that have witnessed three or more violent crimes that have either endangered the patrons of such establishment or the surrounding community.
SUMMARY OF PROVISIONS:
Section 1: Amends ABC Law section 113 (4) which relates to premises for which no license shall be granted to include any premises that has been the scene of three or more serious criminal convictions over a 24 month period of time that has endangered either the patrons of the establishment in question or the surrounding community. Such an order declaring the premises as unable to be eligible to operate a premises to sell or serve alcoholic beverages shall be filed and recorded in the clerk of the county where the premises is located.
Section 2: Amends ABC Law section 118 (1) which relates to the revocation of alcoholic licenses "for cause".
Section 3: Amends ABC Law section 118 (3)to define as an automatic revocation "for cause" to include when it has been found that on three or more separate occasions felony crimes or other serious criminal offenses have been committed on such premises, building and fire code violations have cited which endanger the public safety, overcrowding has occurred, or any other violation that has endangered the public health, safety, and general welfare has been determined.
Section 4: Amends Real Property Law section 297-b to include state Liquor Authority issued judgments affecting real property as being able to be filed to give notice to property owners and potential purchasers of such property that such premises is ineligible to obtain a liquor license.
JUSTIFICATION: It is important for the protection of the general public that patrons of places that sell alcoholic beverages for on or off premise consumption are safe places to enter and to consume food and alcoholic beverages. It is important to quickly revoke the licenses of those establishments that sell alcoholic beverages that have been the site of multiple crimes where individuals have been threatened with physical harm or have in fact been harmed by others either with or without dangerous instrumentalities.
One of the underlying purposes of the ABC law is to root out crime and reduce the incidence of crime related to the sale and consumption of alcoholic beverages. From a public policy and law enforcement perspective, it is very important that establishments that are open to the public are guaranteed to be safe for use by individuals, families, and friends who enter such premises. This bill will give the SLA and law enforcement the authority that they need to quickly shut down establishments in which criminal activity is regularly occurring and to protect the communities in which these establishments are located.
LEGISLATIVE HISTORY: S. 7054 of 2012, Referred to Investigations Committee
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediate
STATE OF NEW YORK ________________________________________________________________________ 2445 2013-2014 Regular Sessions IN SENATE January 17, 2013 ___________Introduced by Sen. KLEIN -- 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 requiring the revocation of the license or permit of any holder which has been found on three or more occasions to have committed violations and prohibiting the issuance of any license or permit, for not less than three years, after the revocation thereof; and to amend the real property law, in relation to providing for the filing by the state liquor authority of such revocation order THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 113 of the alcoholic beverage control law is amended by adding a new subdivision 4 to read as follows: 4. WHERE THE LIQUOR AUTHORITY HAS ISSUED AN ORDER REVOKING THE LICENSE OR PERMIT FOR ANY PREMISES, FOR A PERIOD OF TWO YEARS AFTER SUCH REVOCA- TION, FOR SUCH LICENSED PREMISES OR FOR ANY PART OF THE BUILDING CONTAINING SUCH LICENSED PREMISES AND CONNECTED THEREWITH, A CERTIFIED COPY OF SUCH ORDER SHALL WITHOUT FEE BE FILED WITH, RECORDED AND INDEXED BY THE CLERK OF THE COUNTY IN WHICH SUCH PREMISES ARE SITUATED AS AN ORDER AFFECTING REAL PROPERTY IN ACCORDANCE WITH SECTION TWO HUNDRED NINETY-SEVEN-B OF THE REAL PROPERTY LAW. S 2. Subdivision 1 of section 118 of the alcoholic beverage control law is amended by adding a new paragraph (c) to read as follows: (C) FOR HAVING BEEN FOUND ON THREE OR MORE SEPARATE OCCASIONS, GUILTY FOR CAUSES OR VIOLATIONS DURING ANY PERIOD OF TWENTY-FOUR CONSECUTIVE MONTHS. S 3. Subdivision 3 of section 118 of the alcoholic beverage control law, as added by chapter 536 of the laws of 1996, is amended to read as follows:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06797-01-3 S. 2445 2
3. As used in this section, the term "for cause" shall also include the existence of a sustained and continuing pattern of noise, disturb- ance, misconduct, or disorder on or about the licensed premises, related to the operation of the premises or the conduct of its patrons, which adversely affects the health, welfare or safety of the inhabitants of the area in which such licensed premises are located. FURTHERMORE, SUCH TERM SHALL INCLUDE THE COMMISSION OF A FELONY DEFINED IN THE PENAL LAW OR A SERIOUS OFFENSE, AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION 265.00 OF THE PENAL LAW, UPON THE LICENSED PREMISES; BUILDING AND FIRE PREVENTION REGULATION AND CODE VIOLATIONS UPON THE LICENSED PREMISES WHICH ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE; EXCEEDING THE AUTHORIZED CAPACITY OF PERSONS IN THE LICENSED PREMISES; AND ANY OTHER VIOLATION OF ANY LAW, RULE OR REGULATION, UPON OR ABOUT THE LICENSED PREMISES, WHICH ENDANGERS THE PUBLIC HEALTH, SAFETY AND WELFARE. S 4. Section 297-b of the real property law, as amended by chapter 311 of the laws of 1964, is amended to read as follows: S 297-b. Recording of certified copies of judgments affecting real property. When a judgment, final order or decree is rendered by a New York state court of record or a United States district court OR THE STATE LIQUOR AUTHORITY affecting the title to or possession, use or enjoyment of real property, a copy of such judgment, order or decree, duly certified by the clerk of the court OR THE SECRETARY TO THE LIQUOR AUTHORITY wherein said judgment, FINAL ORDER OR DECREE was rendered, may be recorded in the office of the recording officer of the county in which such property is situated, in the same manner as a conveyance duly acknowledged or proved and certified so as to entitle it to be recorded, and such recording officer shall upon request and on tender of the lawful fees therefor, record the same in his said office, EXCEPT THAT NO FEE SHALL BE REQUIRED IN CONNECTION WITH THE FILING, RECORDING AND INDEXING OF ANY ORDER OF THE LIQUOR AUTHORITY. For purposes of recording and indexing such judgment, order or decree, the prevailing party or parties named therein shall be deemed grantees and all other persons named therein shall be deemed grantors. S 5. This act shall take effect immediately.