S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2493--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2013
                                      ___________
       Introduced by M. of A. MILLER -- read once and referred to the Committee
         on  Veterans'  Affairs  -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the general business law, in relation to requiring a one
         hundred twenty-day warning period for certain  violations  at  certain
         veterans' organization facilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  397-b to read as follows:
    3    S 397-B. WARNING PERIOD FOR CERTAIN VIOLATIONS  AT  CERTAIN  VETERANS'
    4  ORGANIZATION  FACILITIES.  1.  BEFORE  ANY  MONETARY FINES ARE ISSUED OR
    5  APPLIED BY ANY MUNICIPAL OR HEALTH AGENCY TO THE OWNER  OR  OPERATOR  OF
    6  ANY PLACE, POST, FACILITY OR HALL OWNED OR OPERATED BY A CONGRESSIONALLY
    7  CHARTERED  VETERANS'  GROUP, A WARNING PERIOD OF ONE HUNDRED TWENTY DAYS
    8  SHALL TAKE PLACE DURING WHICH TIME SUCH GROUP SHALL BE ABLE TO CURE SUCH
    9  VIOLATION.  IF, AT THE END OF SUCH ONE HUNDRED TWENTY-DAY  PERIOD,  SUCH
   10  VIOLATION  CONTINUES,  THEN  A  MONETARY  FINE  MAY BE ISSUED OR APPLIED
   11  PROVIDED, THAT AFTER SUCH ONE HUNDRED TWENTY-DAY PERIOD, SUCH  VETERANS'
   12  ORGANIZATION  MAY  REQUEST  AN EXTENSION OF TIME TO CURE SUCH VIOLATION.
   13  SUCH REQUEST SHALL BE MADE IN WRITING AND  SHALL  INCLUDE  PROOF  OF  AN
   14  ATTEMPT  TO  CURE  SUCH VIOLATION WITHIN SUCH PERIOD.  THE PROVISIONS OF
   15  THIS SECTION SHALL NOT: (A)  APPLY  TO  ANY  IMMINENT  LIFE  THREATENING
   16  BUILDING  CODE  OR HEALTH CODE VIOLATION WHICH NECESSITATES AN EMERGENCY
   17  CLOSURE OF A FACILITY; OR (B) BE CONSTRUED TO APPLY  TO  OR  EFFECT  ANY
   18  VIOLATION OF THE ALCOHOLIC BEVERAGE CONTROL LAW MADE BY A FACILITY.
   19    2.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "CONGRESSIONALLY CHAR-
   20  TERED VETERANS' GROUP" SHALL MEAN ANY  VETERANS'  GROUP  THAT  HAS  BEEN
   21  CHARTERED  BY  THE  UNITED  STATES CONGRESS UNDER TITLE 36 OF THE UNITED
   22  STATES CODE.
   23    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   24  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01064-05-3