S4809-2011 - NY Senate Open Legislation - Relates to filing of an order imposing against revoked premises a proscription against future licensure

Relates to filing of an order imposing against revoked premises a proscription against future licensure.

Sponsor: LANZA / Committee: RULES
Law Section: Alcoholic Beverage Control Law / Law: Amd S113, ABC L; amd S297-b, RP L

S4809-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Jun 5, 2012: ADVANCED TO THIRD READING
Jun 4, 2012: 2ND REPORT CAL.
May 31, 2012: 1ST REPORT CAL.975
Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
Jun 24, 2011: COMMITTED TO RULES
Jun 7, 2011: ADVANCED TO THIRD READING
Jun 6, 2011: 2ND REPORT CAL.
Jun 2, 2011: 1ST REPORT CAL.941
Apr 27, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S4809-2011 Meetings

Investigations and Government Operations: May 31, 2012, Investigations and Government Operations: Jun 2, 2011

S4809-2011 Calendars

S4809-2011 Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Jun 2, 2011

Ayes (6): Marcellino, Alesi, Golden, Nozzolio, Zeldin, Squadron
Ayes W/R (1): Peralta
Nays (1): Diaz

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - May 31, 2012

Ayes (5): Marcellino, Alesi, Golden, Nozzolio, Squadron
Ayes W/R (2): Zeldin, Peralta
Excused (1): Diaz

S4809-2011 Memo

BILL NUMBER:S4809

TITLE OF BILL:
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 authority order
imposing against revoked premises a proscription against future
licensure

PURPOSE:
Relates to filing of an order imposing against revoked
premises a proscription against future licensure.

SUMMARY OF PROVISIONS:
Section 1, Section 113 of 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 for any premises
and imposing a prescription refusing the issuance of a license under
this chapter, for a period of two years after such revocation, for
such licensed premises or for any part of the building containing
such licensed premises and connected therewith, or has issued an
order modifying or rescinding a prescription previously imposed, a
certified copy of such order shall without fee be filed with,
recorded and indexed by the clerk of the county in which such
impresses are situated as an order affecting real property in
accordance with section two hundred ninety-seven-b of the real
property law.

JUSTIFICATION:
This legislation is being introduced to require all proscription of
liquor licensees be filled with the county clerk to ensure that
future owners of the property are aware of the liquor licenses ban.
This change will allow for better planning and will provide
businesses with the information they need to open a successful bar
and/or restaurant without unnecessary delay and costs.

This is in response to an incident on Staten Island where a family
converted a local site into a family restaurant. The family was
forced to delay the opening of the eatery when they found out the
property had a two-year liquor license ban imposed because of
several violations by the previous owner. The delayed opening has
resulted in severe financial setbacks for the family and may prevent
opening of the restaurant.

LEGISLATIVE HISTORY:
A.7298 - 2010

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

S4809-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4809
 2011-2012 Regular Sessions
 I N  SENATE
 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:

 

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
 FOR  ANY PREMISES AND IMPOSING A PROSCRIPTION REFUSING THE ISSUANCE OF A
 LICENSE UNDER THIS CHAPTER, 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, OR HAS ISSUED
 AN  ORDER  MODIFYING  OR RESCINDING A PROSCRIPTION PREVIOUSLY IMPOSED, 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 SITU
 ATED AS AN ORDER AFFECTING REAL PROPERTY IN ACCORDANCE WITH SECTION  TWO
 HUNDRED NINETY-SEVEN-B OF THE REAL PROPERTY LAW.
 

S 2.

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 NEW
 YORK 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08857-01-1
        S. 4809                             2
 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 3. This act shall take effect immediately.

S4809-2011: Relates to filing of an order imposing against revoked premises a proscription against future licensure