New York City Council Header
File #: Int 1344-2016    Version: Name: Nuisance Abatement Fairness Act - Amending the nuisance abatement law regarding alcoholic beverages.
Type: Introduction Status: Enacted
Committee: Committee on Public Safety
On agenda: 10/27/2016
Enactment date: 3/18/2017 Law number: 2017/044
Title: A Local Law to amend the administrative code of the city of New York, in relation to amending the nuisance abatement law regarding alcoholic beverages
Sponsors: Jumaane D. Williams, Melissa Mark-Viverito, Vanessa L. Gibson, Annabel Palma, Margaret S. Chin, Carlos Menchaca, Stephen T. Levin
Council Member Sponsors: 7
Summary: This bill amends the Nuisance Abatement Law regarding “nuisances” that involve violating the State’s Alcoholic Beverage Control Law. For locations with a license to sell alcohol, the bill would require 4 violations of this law to constitute a “nuisance” and restrict these violations to only those in which a reasonable would have been aware of such violation. The bill also restricts the application of this portion of the Nuisance Abatement Law to only “willful and flagrant” violations, for locations with a license to sell wine and beer but not a license to sell liquor.
Attachments: 1. Legislative History Report, 2. Summary of Int. No. 1344-A, 3. Summary of Int. No. 1344, 4. Int. No. 1344 - 10/27/16, 5. Committee Report 11/2/16, 6. Hearing Testimony 11/2/16, 7. Hearing Transcript 11/2/16, 8. Committee Report 2/14/17, 9. Hearing Transcript 2/14/17, 10. February 15, 2017 - Stated Meeting Agenda with Links to Files, 11. Fiscal Impact Statement, 12. Int. No. 1344-A (FINAL), 13. Hearing Transcript - Stated Meeting 2-15-17, 14. Minutes of the Stated Meeting - February 15, 2017, 15. Mayor's Letter, 16. Local Law 44
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
3/18/2017AJumaane D. Williams Administration City Charter Rule Adopted  Action details Meeting details Not available
2/15/2017AJumaane D. Williams City Council Sent to Mayor by Council  Action details Meeting details Not available
2/15/2017AJumaane D. Williams City Council Approved by CouncilPass Action details Meeting details Not available
2/14/2017*Jumaane D. Williams Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
2/14/2017*Jumaane D. Williams Committee on Public Safety Amendment Proposed by Comm  Action details Meeting details Not available
2/14/2017*Jumaane D. Williams Committee on Public Safety Amended by Committee  Action details Meeting details Not available
2/14/2017AJumaane D. Williams Committee on Public Safety Approved by CommitteePass Action details Meeting details Not available
10/27/2016*Jumaane D. Williams City Council Referred to Comm by Council  Action details Meeting details Not available
10/27/2016*Jumaane D. Williams City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1344-A

 

By Council Members Williams, The Speaker (Council Member Mark-Viverito), Gibson, Palma, Chin, Menchaca and Levin

 

A Local Law to amend the administrative code of the city of New York, in relation to amending the nuisance abatement law regarding alcoholic beverages

 

Be it enacted by the Council as follows:

Section 1. Subdivision (h) of section 7-703 of the administrative code of the city of New York is amended to read as follows:

(h) Any building, erection or place, including one- or two-family dwellings, [used for any] wherein, within the period of one year prior to the commencement of an action brought under this chapter, there have occurred at least four instances of the unlawful activities described in section [one hundred twenty-three] 123 of the alcoholic beverage control law, where a reasonable person would or should have been aware that such unlawful activity was occurring. The physical absence of a person from such building, erection or place shall not alone establish that such person would or should not have been aware that such unlawful activity was occurring. Notwithstanding the foregoing, only one instance of such unlawful activity shall be required if the building, erection or place was not licensed as required by the alcohol beverage control law;

§ 2. Subchapter 4 of chapter 7 of title 7 of the administrative code of the city of New York, as added by a local law for the year 2017 amending the administrative code of the city of New York relating to limiting exclusions of natural persons pursuant to the nuisance abatement law, as proposed in introduction number 1323-A, is amended by adding a new section 7-730 to read as follows:

                     § 7-730 Willful and flagrant alcohol-related violations. No disposition reached or order issued pursuant to an action brought under this chapter solely in relation to a public nuisance as defined in subdivision (h) of section 7-703 may require the closure of any business that has a license to sell beer and wine but does not have a license to sell liquor unless the corporation counsel can demonstrate through clear and convincing evidence a willful and flagrant violation of the alcohol beverage control law.

§ 3. This local law takes effect 60 days after it becomes law, except that section two takes effect on the same date that a local law for the year 2017 amending the administrative code of the city of New York relating to limiting exclusions of natural persons pursuant to the nuisance abatement law, as proposed in introduction number 1323-A, takes effect.

BC

LS 8380/8381

2/7/17 4:50 PM