Int 1344-2016

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 1