You are on page 1of 19
LOCAL LAW NO. "L” FOR 2016 A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK IMPOSING A TAX ON THE OCCUPANCY OF HOTEL ROOMS IN ALBANY COUNTY Introduced: 8/8/16 By Mr. Ward: BE IT ENACTED by the County Legislature of the County of Albany that Local Law No. 3 for 1980 as amended by Local Law No. 8 for 1981, Local Law No. 3 for 1986, Local Law No. 3 for 2005, Local Law No. 11 for 2006, Local law No. 8 for 2009 and Local Law No. 10 for 2010 pursuant to Chapter 698 of the Laws of 1980 of the State of New York, Chapter 375 of the Laws of 1985 of the State of New York, Chapter 531 of the Laws of 2005 of the State of New York, Chapter 194 of the Laws of 2006 of the State of New York, Chapter 105 of the Laws of 2009 of the State of New York, Chapter 401 of the Laws of 2010 of the State of New York, Chapter 312 of the Laws of 2012 of the State of New York, Chapter 228 of the Laws of 2014 of the State of New York and Chapter of the Laws of 2016 of the State of New York is hereby amended as follows: SECTION 1. During the period January 1, 2017 to December 31, 2018, Section 2 of Local Law No. 8 for 1980 as amended by Local Law No. 3 for 1986, Local Law No. 3 for 2005, Local Law No. 11 for 2006, Local Law No. 8 for 2009, Local Law No. 10 for 2010, Local Law No. 2 for 2012 and Local Law No. 4 for 2014 is amended to read as follows: Imposition of Tax On and after the first day of January 1, 2017, there is heveby imposed and there shall be paid a tax of six percent of the per diem rental rate charged to occupants for each hotel or motel room except that the tax shall not be imposed upon a permanent resident. SECTION 2. During the period January 1, 2017 to December 31, 2018, Section 12 of Local Law No. 3 for 1980 as amended by Local Law No. 8 for 1986, Local Law No. 8 for 2005, Local Law No. 11 for 2006, Local Law No. 8 for 2009 Local Law No. 10 for 2010, Local Law No. 2 for 2012 and Local Law No. 4 for 2014 is amended to read as follows: Disposition of Revenues All revenues resulting from the imposition of the tax under the local law shalll be paid into the treasury of the County of Albany and shall be credited to and deposited into three special funds as follows: (a) Revenues from the tax imposed by such local law up to an amount equal to one-sixth of such total revenue shall be credited to and deposited in a special fund for convention and tourist development. The County of Albany is authorized to retain up to a maximum of ten per centum of such revenue derived from this fund to defray the necessary expenses of the County in administering such tax, The revenue derived from this portion of the tax, after deducting the amount provided for administering such tax, shall be allocated to pay for services performed, subject to the terms and conditions in contracts, which may be entered into between the County and the Albany County Convention and Visitors Bureau, Inc., all at the option of the County, its successors or assigns. Said funds so allocated shall be used for the purpose of promoting Albany County, its cities, towns and villages, in order to increase convention/trade show and tourism business. (©) Revenues from the tax imposed by this local law equal to two-thirds of such total revenue shall be credited and deposited in a special account to be known as "Civic Center Debt Service Fund" and shall be maintained separate and apart from other funds and accounts of the County. Moneys in such account shall be deposited in one or more banks designated in the manner provided by law, as a depository of funds of the County of Albany. Pending expenditure from such fund, money therein may be invested in the manner provided in section 6-f of the General Municipal Law or in a successor statute to such section. Any interest earned or capital gain realized on the moneys so deposited or invested shall accrue and become part of the fund. Said moneys so deposited shall be used, subject to appropriation, solely for the purpose of making debt, service payments on obligations issued by the County to finance the acquisition, development (including construction), operation and repair and continuing use and maintenance of a civic center and ancillary facilities therefore, which ancillary facilities shall include but not be limited to, any buildings, structures, parking facilities, machinery, equipment, facilities and appurtenances incidental thereto, (© Revenues from the tax imposed by this local law equal to one-sixth of such total revenue shall be credited and deposited in a special account to be known as the "Albany Convention Center Authority Fund" and shall be maintained separate and apart from other funds and accounts of the County. Moneys in such account shall be deposited in one or more banks designated in the manner provided by law, as a depository of funds of the County of Albany. Pending expenditure from such fund, moneys therein may be invested in the manner provided in section 6-f of the General Municipal Law or in a successor statute to such section. Any interest earned or capital gain realized on the moneys so deposited or invested shall acerue and become part of the fund. Said moneys 0 deposited shall be used solely and exclusively by the Albany Convention Center Authority for the development of a convention center project to be located in the City of Albany. Albany County shall pay the moneys in such fund over to such authority upon application for such moneys by the authority. SECTION 3. On and after the Albany Convention Center completion date, defined as the date on which the architect for the convention center project issues a certificate of substantial completion in substantial conformity with ALA Document G704-2000 stating that the convention center facility is sufficiently complete in accordance with the contract or contracts for construction that the owner can occupy or utilize the convention center facility for it’s intended use: (a) Revenues from the tax imposed by such local law up to an amount equal to one-sixth of such total revenue shall be credited to and deposited in a special fund for convention and tourist development. The County of Albany is authorized to retain up to a maximum of ten per centum of such revenue derived from this fund to defray the necessary expenses of the County in administering such tax. The revenue derived from this portion of the tax, after deducting the amount provided for administering such tax, shail be allocated to pay for services performed, subject to the terms and conditions in contracts, which may be entered into between the County and the Albany County Convention and Visitors Bureau, Inc., all at the option of the County, its successors or assigns, Said funds so allocated shall be used for the purpose of promoting Albany County, its cities, towns and villages, in order to increase convention/trade show and tourism business. (©) Revenues from the tax imposed by this local Jaw equal to one-third of such total revenue shall be credited and deposited in a special account to be known as "Civic Center Debt Service Fund” and shall be maintained separate and apart from other funds and accounts of the County. Moneys in such account shall be deposited in one or more banks designated in the manner provided by law, as a depository of funds of the County of Albany. Pending expenditure from such fund, money therein may be invested in the manner provided in section 6-f of the General Municipal Law or in a successor statute to such section. Any interest earned or capital gain realized on the moneys so deposited or invested shall accrue and become part of the fund. Said moneys so deposited shall be used, subject to appropriation, solely for the purpose of making debt, service payments on obligations issued by the County to finance the acquisition, development (including construction), operation and repair and continuing use and maintenance of a civic center and ancillary facilities therefore, which ancillary facilities shall include but not be limited to, any buildings, structures, parking facilities, machinery, equipment, facilities and appurtenances incidental thereto. (© Revenues from the tax imposed by this local law equal to one-half of such total revenue shall be credited and deposited in a special account to be known as the "Albany Convention Center Authority Fund” and shall be maintained separate and apart from other funds and accounts of the County. Moneys in such account shall be deposited in one or more banks designated in the manner provided by law, as a depository of funds of the County of Albany. Pending expenditure from such fund, moneys therein may be invested in the manner provided in section 6-f of the General Municipal Law or in a successor statute to such section. Any interest earned or capital gain realized on the moneys s0 deposited or invested shall accrue and become part of the fund. Said moneys 80 deposited shall be used solely and exclusively by the Albany Convention Center Authority for the development of a convention center project to be located in the City of Albany. Albany County shall pay the moneys in such fund over to such authority upon application for such moneys by the authority, SECTION 4. This local law supersedes Local Law No. 4 for 2014 and shall take effect January 1, 2017 and expire and be deemed repealed December 81, 2018. Referred to Audit and Finance Committes. 8/8/16 Favorable Recommendation - Audit and Finance Committee. 8/24/16 LOCAL LAW NO. “M” FOR 2016 A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK ENACTING A MORTGAGE RECORDING TAX PURSUANT TO SECTION 253-p OF THE TAX LAW OF THE STATE OF NEW YORK Introduced: 8/8/16 By Mr. Ward: BE IT ENACTED by the County Legislature of the County of Albany, as follows: SECTION 1. Pursuant to the provision of Section 253-p of the Tax Law of the State of New York, there is hereby imposed in the County of Albany, New York a tax of twenty-five cents for each one hundred dollars and each remaining major fraction thereof of principal debt or obligation which is or under any contingency may be secured at the date of execution thereof, or at any time thereafter, by a mortgage on real property situated within Albany County and recorded on or after October 31, 2008 and a tax of twenty-five cents on such mortgage if the principal debt or obligation which is or by any contingency may be secured by such mortgage is less than one hundred dollars. SECTION 2. The tax imposed by this local law shall be administered and collected in the same manner as the taxes imposed under subdivision one of section two hundred fifty three and paragraph () of subdivision one of section two hundred fifty-five of Article 11 of the Tax Law and shall be paid as provided in Section 253-p of the Tax Law and shall be in addition to the taxes imposed by Section 253 of the Tax Law. SECTION 8. This local law shall expire December 1, 2018, provided further, however, that such expiration shall not preclude the adoption and enactment of additional local laws by the County of Albany pursuant to the provisions of Section 258-p of the Tax Law upon the expiration of this local law or any subsequent local law adopted and enacted pursuant to the provisions thereof. SECTION 4. Notwithstanding any provision of Article 11 of the Tax Law to the contrary, the balance of all monies paid to the recording officer of the County of Albany during each month upon account of the tax imposed pursuant to this local law, after deduction of the necessary expenses of the recording officer's office as provided in Section 262 of the Tax Law, except taxes paid upon mortgages which under the provisions of this local law or Section 260 of the Tax Law are first to be apportioned by the New York State Commissioner of Taxation and Finance, shall be paid over by such officer on or before the tenth day of each succeeding month to the Albany County Director of Finance and, after the deduction by the Director of Finance of the necessary expenses as provided in Section 262 of the Tax Law, shall be deposited in the General Fund of the County of Albany for expenditure on County purposes. Notwithstanding the provisions of the preceding sentence, the tax so imposed and paid upon mortgages covering real property situated in two or more counties, which under the provisions of this local law or Section 260 of the Tax Law are first to be apportioned by the Commissioner of Taxation and Finance, shall be paid over by the recording officer receiving the same as provided by the determination of the Commissioner. SECTION 5. This local law shall take effect on December 1, 2016, provided that the Clerk of this Legislature shall mail a certified copy hereof by registered or certified mail to the Commissioner of the New York State Department of Taxation and Finance at least 30 days prior to such date. The Clerk of this Legislature shall also file certified copies hereof with the County Clerk of the County of Albany, the Secretary of State of the State of New York and the State Comptroller within five days after the enactment of this local law. Referred to Audit and Finance Commitiee. 8/8/16 Favorable Recommendation - Audit and Finance Committee. 8/24/16 LOCAL LAW NO. “P” FOR 2016 A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK TO HELP ADDRESS THE WAGE GAP BETWEEN WOMEN AND MEN BY PROHIBITING EMPLOYERS FROM REQUIRING JOB APPLICANTS TO PROVIDE PRIOR OR CURRENT SALARY INFORMATION BEFORE OFFERING THEM EMPLOYMENT Introduced: 9/12/16 By Mr. Clenahan: BE IT ENACTED by the Albany County Legislature as follows: Section 1. It shall be an unlawful practice for an employer or an employment agency to: (@) screen job applicants based on their wage, including benefits or other compensation or salary histories, including by requiring that an applicant's prior wages, including benofits or other compensation or salary history, satisfy minimum or maximum criteria; or (b) request or require as a condition of being interviewed, or as a condition of continuing to be considered for an offer of employment, that a job applicant disclose prior wages or salary history; or (© seek the salary history of any job applicant from any current or former employer; provided, however, that a job applicant may provide written authorization to a prospective employer or employment agency to confirm prior wages, including benefits or other compensation or salary history, only after any offer of employment with compensation has been made to the job applicant; Section 2. Penalties for offenses. Upon any violation of this Local Law, a job applicant who has been negatively affected by said violation may bring an action in any Court of competent jurisdiction to recover his or her actual damages or $250.00, whichever is greater. Action to recover such liability may be maintained by any one or more job applicants for and on their own behalf, or on behalf of other job applicants similarly situated. The Court shall, in addition to any judgment awarded to the plaintiff, award reasonable attorneys’ fees and/or the costs of the action to be paid by the defendant, Section 3. Applicability. This article shall apply to all actions occurring on or after the effective date of this Local Law. Section 4. Severability. If any clause, sentence, paragraph, subdivision, section or part of this Local Law or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this Local Law, or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered. Section 5. Effective Date. This Local Law shall take effect upon filing with the Secretary of State. LOCAL LAW NO. “Q” FOR 2016 A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK TO PROTECT CANINES FROM ENCLOSURE IN DANGEROUSLY HOT OR COLD VEHICLES Introduced: 9/12/16 By Mr. Clenahan: Section 1. Definitions. As used in this Local Law, the following terms shall have the meanings indicated: "Person” means any individual, firm, partnership, corporation, company, society, association, or any organized group of persons, whether incorporated or not. Section 2. Prohibitions. (@) A person shall not confine an animal in a motor vehicle in a manner that could reasonably be expected to threaten the health of the animal due to exposure to extreme heat or cold. (b) After making reasonable efforts to locate the motor vehicle’s owner, a police officer, peace officer, fire fighter, emergency medical technician, or local dog control or animal control officer may enter a motor vehicle by any reasonable means to protect the health and safety of an animal. A police officer, peace officer, fire fighter, emergency medical technician, or local dog control or animal control officer may enter the motor vehicle for the sole purpose of assisting the animal and may not search the vehicle or seize items found in the vehicle unless otherwise permitted by law, (©) A police officer, peace officer, fire fighter, emergency medical technician, or local dog control or animal control officer who removes or otherwise retrieves an animal under this section shall leave written notice in a secure and conspicuous location on or in the motor vehicle bearing the officer's or fire fighter’s name, title and the address of the location where the animal may be retrieved. The owner may retrieve the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment and impoundment of the animal. @ A police officer, peace officer, fire fighter, emergency medical technician, or local dog control or animal control officer who removes or otherwise retrieves an animal from a motor vehicle under subsection (b) is immune from criminal or civil liability that might otherwise result from the removal. (© After making reasonable efforts to locate the motor vehicle's owner, a person not authorized under subsection (b) may enter a motor vehicle using reasonable means to protect the health and safety of an animal; provided, however, that the person: (1) determines that there are no reasonable means of egress for the animal from the vehicle; (2) has a good faith and reasonable belief, based upon known circumstances, that entry into the vehicle is reasonably necessary to prevent imminent danger or harm to the animal; (8) notifies law enforcement or calls 911 before entering the vehicle; (4) shall not use more force than reasonably necessary to enter the motor vehicle and remove the animal; and (5) remains with the animal in a safe location in reasonable proximity to the vehicle until law enforcement or another first responder arrives. ® A person who removes an animal from a motor vehicle pursuant to subsection (¢) is immune from criminal or civil liability that might otherwise result, from the removal. Section 3. Enforcement. This Local Law shall be enforced by the office of the Albany County Sheriff and may also be enforced by any police officer, peace officer, fire fighter, emergency medical technician, or local dog control or animal control officer with jurisdiction within Albany County. Section 4. Penalties for offenses. A violation of this Local Law shall be punishable by a fine of not more than $150 for a first offense, by a fine of not more than $300 for a second offense and by a fine of not more than $500 for a third or subsequent offense. Section 5. Applicability. This article shall apply to all actions occurring on or after the effective date of this Local Law. Section 6, Severability. If any clause, sentence, paragraph, subdivision, section or part of this Local Law or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this Local Law, or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered. Section 7. Effective Date. This Local Law shall take effect upon filing with the Secretary of State LOCAL LAW NO. “R” FOR 2016 A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK TO LIMIT THE LENGTH OF TIME THAT CANINES MAY BE RESTRAINED OUTDOORS TO NO MORE THAN TWO HOURS IN ANY CONTINUOUS TWELVE-HOUR PERIOD Introduced: 9/12/16 By Mr. Clenahan BE IT ENACTED by the Albany County Legislature as follows: Section 1. Legislative Intent. ‘This Legislature hereby finds and determines that the Albany County Legislature has been a leader in protecting the health and welfare of animals in Albany County. This Legislature also finds and determines that animal owners will sometimes tie their animals to a stationary object outdoors for a short period of time. This Legislature further finds and determines that some owners, however, leave their animals tied to a stationary object outdoors for long periods of time, in some cases, all day. This Legislature finds that animals left tied to an object outdoors for prolonged periods often do not have sufficient food, water or shelter from inclement weather. This Legislature further finds that tethers, chains and other restraints can also injure animals, as the restraint may tangle or catch on other objects. This Legislature also finds that dogs left on tethers, chains and other restraints may be more aggressive and create a public safety hazard. ‘This Legislature also determines that it is in the best interests of Albany County residents and their pets to limit the amount of time animals spend tied outdoors to a stationary object. ‘Therefore, the purpose of this Local Law is to limit the longth of time that animals may be restrained outdoors to no more than two hours in any continuous twelve-hour period. Section 2. Definitions As used in this Local Law, the following terms shall have the meanings indicated: (a) "Person" means any individual, firm, partnership, corporation, company, society, association, or any organized group of persons, whether incorporated or not. Section 3. Prohibitions. (a) It shall be unlawful for any person to tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors or cause such dog to be restrained in a manner that: (1) Endangers such dog's health, safety or well-being; (2) Restricts such dog's access to suitable and sufficient food and water; (8) Does not provide such dog with shelter appropriate to its breed, physical condition, and the climate as defined by §353-b of the New York State Agriculture and Markets Law; or (4) Unreasonably limits the movement of such dog because it is too short for the dog to move around or for the dog to urinate or defecate in a separate area from the area where it must eat, drink or lie down. (b) Notwithstanding the provisions of Subsection (a) of this Section, no person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any object with a device that: (Is a choke collar or pinch collar, or a similar collar that tightens when pulled; @) Restrains the dog in such a manner that it impairs the flow of oxygen or blood to the dog which may cause choking or causes substantial discomfort, to the dog; (8) Is embedded, partially embedded or may become embedded in such dog's skin; (@ Has weights attached or contains links that are more than 1/4 inch thick; (©) Weighs more than 25% of the dog's total body weight, not to exceed 25, pounds for any dog; (6) Is less than 10 feet in length; () Because of its design or placement is likely to become entangled; (8) Is long enough to allow such dog to move outside of its owner's property; or (©) Would allow the restrained dog to move over an object or edge that could result in the strangulation of or injury to such dog. (©) No person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors for more than two hours in any twelve-hour period, And if the dog is tethered to a pulley, running line, or trolley or cable system, the top line must be a minimum of fifteen feet long and six or less feet above the ground. (@) No person shall tether, leash, fasten, secure, restrain, chain or tie a dog to any stationary object outdoors for any period of time if (1) The dog is less than 6 months old; (2) There is an active weather alert; (8) Tethering may exacerbate an existing health condition; (4) Multiple dogs are tethered and their tethers may become entangled; or (6) The dog is not displaying current identification as defined by section § 108 of New York State Agriculture and Markets Law. Section 4. Enforcement. This Local Law shalll be enforced by the office of the Albany County Sheriff and may also be enforced by any police officer, peace officer, or local dog control or animal control officer with jurisdiction within Albany County. Section 5. Penalties for offenses. A violation of this Local Law shall be punishable by a fine of not more than $150 for a first offense, by a fine of not more than $300 for a second offense and by a fine of not more than $500 for a third or subsequent offense. Section 6. Applicability. This article shall apply to all actions occurring on or after the effective date of this Local Law. Section 7. Severability. If any clause, sentence, paragraph, subdivision, section or part of this Local Law or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this Local Law, or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered. Section 8. Effective Date. ‘This Local Law shall take effect upon filing with the Secretary of State. LOCAL LAW NO. “S” FOR 2016 A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK REGULATING THE USE OF POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE AND REQUIRING THE USE OF BIODEGRADABLE OR COMPOSTABLE FOOD SERVICE WARE BY FOOD SERVICE ESTABLISHMENTS IN ALBANY COUNTY BY AMENDING LOCAL LAW A FOR 2012 AS ADOPTED NOVEMBER 12, 2013 Introduced: August 22, 2016 By Messrs. Higgins and Bullock: BE IT ENACTED by the Albany County Legislature as follows: Section 1. Title This local law shall be known as “Food Service Waste Reduction Act.” Section 2. Legislative Intent The Legislature hereby finds and determines that the prohibition of the use of polystyrene foam disposable food service ware in Albany County and requiring that all disposable food service ware be biodegradable or compostable is in the best interests of the citizens of Albany County. The Legislature further finds and determines that the Environmental Protection Agency has found that the polystyrene manufacturing process is the fifth largest creator of hazardous waste in the United States. The Legislature further finds and determines that polystyrene foam is a common environmental pollutant and non-biodegradable substance commonly used as food service ware and that there is no meaningful recycling of polystyrene foam food service ware. The Legislature further finds and determines that alternative biodegradable and/or compostable food service ware is readily available for numerous food service applications and that these products are biodegradable and/or compostable. ‘The Legislature further finds and determines that the use of biodegradable and/or compostable food service ware will reduce the waste stream and reduce waste costs. Therefore, the purpose of this local law is to eliminate the use of polystyrene foam food service ware by Chain Food Service Establishments within Albany County. Section 3. Definitions As used in this local law, the following terms shall have the meanings indicated: “Compostable” — All materials in the product or package will breakdown into, or otherwise become part of, usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner. “Biodegradable” — A product or package that will completely breakdown and decompose into elements found in nature within a reasonably short time after proper disposal. “Customer(s)” — Any person(s) obtaining Prepared Food from a Chain Food Service Establishment. “Disposable Food Service Ware” ~ All bowls, plates, cartons, cups, other containers, trays,, or other items designed for one time use on or in which any Chain Food Service Establishment directly places and/or packages food or provides same to Customer(s) to place and/or package food or which are used by Customer(s) to consume food. This includes, but is not limited to, service ware for takeout Prepared Food and/or leftovers from partially consumed meals prepared at or by Chain Food Service Establishments for consumption at a specific location. “{haia} Food Service Establishment” ~ means a food service establishment or food service establishments operating in Albany County. [that-ie-or-ere-part-ofa group_of Seen or food blishment_1 : bess ‘don th . offering-pred 5th pypes-of Is fo0d dless-of the type of 2 the individuel food “Health Commissioner” - The Commissioner of Health for Albany County. “Polystyrene Foam” — Any blown polystyrene, expanded, and extruded foams (commonly referred to as Styrofoam, a Dow Chemical Company trademarked form of polystyrene foam insulation) which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion blow molding (extruded from polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, meat trays and egg cartons. “Prepared Food” ~ Any food or beverage which is (1) served in Albany County or (2) which is packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared on the premises of a [Chain] Food Service Establishment within Albany County. “Restaurant” ~ Any {Chain} Food Service Establishment that sells Prepared Food for Customer consumption on or off the premises Section 4. Disposable Food Service Ware A. No [Chain] Food Service Establishment shall sell prepared food in any disposable food service ware that contains polystyrene foam. B. All [Chain} Food Service Establishments using any disposable food service ware shall use a suitable, alternative product that is a compostable or biodegradable product. C. {€hain} Food Service Establishments shall be responsible to provide proof to the Commissioner of Health or his designee that the disposable food service ware used is a suitable, alternative product that is a compostable or biodegradable product. Section 5, Health Commissioner’s Authority The Health Commissioner is authorized to promulgate rules and regulations and take any and all other reasonable actions necessary to implement and enforce this local law. Any rules and regulations so promulgated shall be made available on the County of Albany website in a manner approved by the Health Commissioner. Section 6. Penalties Any violation of Section 4 or 5 of this local law shall be punishable as follows: A. First Offense, Any [Chain] Food Service Establishment guilty of a first offense shall be guilty of a violation and shall be fined an amount not to exceed two hundred and fifty ($250) dollars. B. Second Offense. Any [Chain] Food Service Establishment guilty of a second offense shall be guilty of a violation and shall be fined an amount not to exceed five hundred ($500) dollars. C. Third and Subsequent Offense. Any {Chain} Food Service Establishment guilty of a third or subsequent offense shall be guilty of a misdemeanor and shall be fined an amount not to exceed one thousand ($1,000) dollars. Section. 7. Reverse Preemption. This local law shall be null and void on the day that federal or statewide legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Albany. The County Legislature may determine via mere resolution whether or not identical or substantially similar federal or statewide legislation, or pertinent preempting state or federal regulations have been enacted for the purposes of triggering the provisions of this section. Section 8. Severability If any clause, sentence, paragraph, section, subdivision, or other part of this local law or its application shall be inconsistent with any federal or state statute, law, regulation or rule then the federal or state statute, law, regulation, or rule shall prevail. If any clause, sentence, paragraph, section, subdivision, or other part of this local law or its application shall be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder of the local law which shall remain in full force and effect except as limited by such order or judgment. Section 9, Effective Date and Applicability This local law shall be effective six (6) months subsequent to filing in the Office of the Secretary of State and shall apply to all transactions occurring on or after the effective date of this local law. LOCAL LAW NO, “T” FOR 2016 A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK AMENDING AND UPDATING LOCAL LAW NO. D FOR 2013 ENTITLED “AN OMNIBUS HUMAN RIGHTS LAW FOR ALBANY COUNTY” Introduced: 9/12/16 By Mss. Lekakis and Cunningham: BE IT ENACTED AS FOLLOWS: The following amendment is made to Local Law 1 for 2000 entitled “An Omnibus Human Rights Law for Albany County as follows. Seetion 1. The following language shall be included in the above referenced law as a new subdivision (i) in section 7 of Local Law No. 1 for 2000 as amended by Local Law No. D for 2013. (i) _It_shall be an unlawful discriminatory practice of any employer, labor organization, employment agency, or licensing agency, or employees or agents reof, to seck a salary hi from a prospective emy for an interview oy as a condition for employment. Section 2. Severability. If any part or provision of this local law, or the application thereof to any individual or circumstance, is held invalid, the remained of the local law shall not be affected thereby and shall continue in force and effect. Section 8. Effective Date. ‘This local law shall take effect thirty (0) days subsequent to filing in the Office of the Secretary of State and shall apply to all transactions occurring on or after the effective date of this local law. LOCAL LAW NO. “U” FOR 2016 A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK AMENDING THE ALBANY COUNTY CHARTER FOR THE PURPOSE OF INCREASING TRANSPARENCY IN THE BUDGET PROCESS Introduced: 9/12/16 By: Messrs. Mendick, Burgdorf, Drake, and Grimm: PURSUANT TO SECTIONS 10 AND 33 OF THE MUNICIPAL HOME RULE LAW AND SECTION 2701 OF THE ALBANY COUNTY CHARTER: BE IT ENACTED by the County Legislature of the County of Albany as follows: SECTION 1. The Albany County Charter is hereby amended by the addition of the following underlined language to section 406 (b) Legislative Budget Report: () Legislative Budget Report. The Audit and Finance Committee (or other such committees as may be designated by the Chairperson) may also hold public hearings or meetings with the heads of the Departments and contractual agencies, as such committee's deem necessary, to prepare the proposed Legislative Budget report containing proposed additions and deletions to the Tentative Annual Budget submitted by the County Executive. The Audit and Finance Committee (or other mittees as may nated by the rperson) shall le a draft of the prot islative Budget Such draft will be the County’ ‘ite for public review at le: siness days in advance of the m¢ at which it is slated to be considered for Committee approval. The Legislative Budget Report shall be filed with the Clerk no later than November 20¢h, SECTION 2. SEVERABILITY. If any article, section, paragraph, phrase or sentence of this local law is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. SECTION 3. EFFECTIVE DATE. This Local Law shall take effect immediately.

You might also like