Relates to on-premises license or permit for the provision of alcohol by a volunteer firefighters organization where a police office serving as an officer of such organization.
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to police officers allowed to work in licensed premises
PURPOSE OR GENERAL IDEA OF BILL: This bill directs the state liquor authority to promulgate rules and regulations so that police officers axe able to serve as officers of fire companies, fire departments, and volunteer fire companies that hold licenses issued by the authority.
SUMMARY OF SPECIFIC PROVISIONS:
Section One amends section 128-a of the alcoholic and beverage control law, to require the state liquor authority to promulgate rules and regulations enabling a police officer, who has permission from his commanding officer, to serve on the board of a fire company, fire department, or volunteer fire company that holds a license issued by the authority.
Section two is the effective date
JUSTIFICATION: Police officers are prohibited from being directly or indirectly interested in the sale of alcoholic beverages pursuant to section l2 of the alcoholic beverage control law. This prohibition has been interpreted to disqualify a police officer from serving as an officer of a fire company, fire department, or volunteer fire company that holds a catering license.
It is in the best interest of the public to have members of their local police force also participate in local fire fighting functions. Police officers have extensive knowledge of the communities and people that they protect and serve. They should not be prohibited from offering this additional public service.
PRIOR LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 5529 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________Introduced by Sen. ZELDIN -- 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 police officers allowed to work in licensed premises THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 128-a of the alcoholic beverage control law, as amended by chapter 678 of the laws of 2002, is amended to read as follows: S 128-a. Police officers allowed to work in licensed premises in certain cases. 1. Notwithstanding any inconsistent provision of law to the contrary, the authority shall promulgate such rules and regulations as may be necessary to provide that it shall not be unlawful for a police officer employed in this state, having written permission and consent from his commanding officer, to work in a premises licensed to sell beer at retail for off-premises consumption under section fifty- four of this chapter or to work solely as a security guard or director of traffic on the premises of a volunteer firefighters' organization licensed to sell beer and wine at retail pursuant to a temporary permit for on-premises consumption under section ninety-seven of this chapter. 2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO PROVIDE THAT IT SHALL NOT BE UNLAWFUL FOR ANY POLICE OFFI- CIAL OR SUBORDINATE OF ANY POLICE DEPARTMENT EMPLOYED IN THIS STATE, HAVING WRITTEN PERMISSION AND CONSENT FROM HIS COMMANDING OFFICER, TO SERVE AS AN OFFICER OF A FIRE COMPANY, FIRE DEPARTMENT, OR VOLUNTEER FIREFIGHTERS' ORGANIZATION LICENSED TO SELL BEER OR WINE PURSUANT TO A PERMIT ISSUED BY THE AUTHORITY. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10948-01-3