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.
Ayes (61): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to on-premises license or permit for the provision of alcohol by a volunteer firefighters' organization
PURPOSE OR GENERAL IDEA OF BILL: This bill provides that a police officer shall be allowed to serve as an officer of a volunteer firefighters' organization that holds a license or permit for the provision of alcohol for on-premise consumption.
SUMMARY OF SPECIFIC PROVISIONS:
Section One amends subdivision 1 of section 128 of the alcohol and beverage control law by adding an exception, pursuant to new section 128-b, as established in section two of this bill, which would allow a police officer to be indirectly interested in the sale of alcoholic beverages under certain circumstances.
Section two establishes new section 128-b of the alcohol and beverage control law, which specifies that a police officer shall not be precluded from serving as an officer of a volunteer firefighters' organization on the sole basis that the organization holds a license or permit to sell alcohol for on-premise consumption. This section also specifies that the state liquor authority shall not be precluded from issuing a license or permit to the volunteer firefighters' organization on the basis that a police officer is serving as an officer of the organization.
Section three is the effective date
JUSTIFICATION: Police officers are prohibited from being directly or indirectly interested in the sale of alcoholic beverages pursuant to section 128 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: Passed in the Senate in 2014 (61-0)
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5529--B 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Investigations and Government Oper- ations in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the alcoholic beverage control law, in relation to on-premises license or permit for the provision of alcohol by a volun- teer firefighters' organization THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 128 of the alcoholic beverage control law, as amended by chapter 885 of the laws of 1985, is amended to read as follows: 1. Except as otherwise provided in section one hundred twenty-eight-a AND SECTION ONE HUNDRED TWENTY-EIGHT-B OF THIS ARTICLE, it shall be unlawful for any police commissioner, police inspector, captain, sergeant, roundsman, patrolman or other police official or subordinate of any police department in the state, to be either directly or indi- rectly interested in the manufacture or sale of alcoholic beverages or to offer for sale, or recommend to any licensee any alcoholic beverages. A person may not be denied any license granted under the provisions of sections fifty-four, fifty-five, fifty-nine, sixty-three, sixty-four, seventy-nine, eighty-one, or article seven of this chapter solely on the grounds of being the spouse of a public servant described in this subdi- vision. The solicitation or recommendation made to any licensee, to purchase any alcoholic beverages by any police official or subordinate as hereinabove described, shall be presumptive evidence of the interestEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10948-07-4 S. 5529--B 2
of such official or subordinate in the manufacture or sale of alcoholic beverages. S 2. The alcoholic beverage control law is amended by adding a new section 128-b to read as follows: S 128-B. POLICE OFFICERS ALLOWED TO SERVE AS AN OFFICER OF A VOLUNTEER FIREFIGHTERS' ORGANIZATION. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY, A VOLUNTEER FIREFIGHTERS' ORGANIZATION SHALL NOT BE PRECLUDED FROM APPLYING FOR AN ON-PREMISES LICENSE OR PERMIT UNDER THE PROVISIONS OF THIS CHAPTER DUE TO THE PRESENCE OF A POLICE OFFICER SERVING AS AN OFFICER OF SUCH ORGANIZATION AND THE STATE LIQUOR AUTHORI- TY SHALL BE AUTHORIZED TO ISSUE SUCH LICENSE OR PERMIT. S 3. This act shall take effect immediately.