Bill Text: NY A07016 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to the powers of chairman and members of the state liquor authority.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2012-07-18 - signed chap.118 [A07016 Detail]
Download: New_York-2011-A07016-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7016--A
2011-2012 Regular Sessions
I N A S S E M B L Y
April 8, 2011
___________
Introduced by M. of A. SCHIMMINGER, GOTTFRIED, CAHILL, KAVANAGH, ZEBROW-
SKI -- Multi-Sponsored by -- M. of A. DESTITO, GABRYSZAK, PHEFFER --
(at request of the State Liquor Authority) -- read once and referred
to the Committee on Economic Development -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the alcoholic beverage control law, in relation to the
powers of the chairman and members of the authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 15 of the alcoholic beverage control law, as
2 amended by chapter 83 of the laws of 1995, the second undesignated para-
3 graph as amended by section 1 of part F of chapter 411 of the laws of
4 1999, is amended to read as follows:
5 S 15. Officers; employees; offices. [The authority shall have power to
6 appoint any necessary deputies, counsels, assistants, investigators, and
7 other employees within the limits provided by appropriation.] Investi-
8 gators [so] employed by the [Authority] AUTHORITY shall be deemed to be
9 peace officers for the purpose of enforcing the provisions of [the alco-
10 holic beverage control law] THIS CHAPTER or judgements or orders
11 obtained for violation thereof, with all the powers set forth in section
12 2.20 of the criminal procedure law. The counsel, secretary, chief execu-
13 tive officer, assistant chief executive officers, confidential secre-
14 taries to commissioners and deputies shall be in the exempt class of the
15 civil service. The other assistants, investigators and employees of the
16 authority shall all be in the competitive class of the civil service.
17 The authority shall continue to have its principal office in the city of
18 Albany, and may maintain a branch office in the cities of New York and
19 Buffalo and such other places as [it] THE CHAIRMAN may deem necessary.
20 [The authority shall establish appropriate procedures to insure that
21 hearing officers are shielded from ex parte communications with alleged
22 violators and their attorneys and from other employees of the authority
23 and shall take such other steps as it shall deem necessary and proper to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09735-05-1
A. 7016--A 2
1 shield its judicial processes from unwarranted and inappropriate commu-
2 nications and attempts to influence.]
3 S 2. Section 17 of the alcoholic beverage control law, as amended by
4 chapter 83 of the laws of 1995, subdivision 3 as separately amended by
5 section 1 of part L of chapter 62 and chapter 522 of the laws of 2003,
6 subdivision 8-a as added by chapter 383 of the laws of 1998, subdivision
7 8-b as added by chapter 396 of the laws of 2010, subdivision 12 as
8 amended by chapter 549 of the laws of 2001, the closing paragraph of
9 subdivision 12 as amended by chapter 435 of the laws of 2010, subdivi-
10 sion 13 as added by chapter 403 of the laws of 1999, paragraphs (f) and
11 (g) as amended and paragraph (h) of subdivision 13 as added by chapter
12 210 of the laws of 2005, and subdivision 14 as added by section 1 of
13 part WW of chapter 56 of the laws of 2009, is amended to read as
14 follows:
15 S 17. Powers of the authority. The authority shall have the following
16 functions, powers and duties: 1. To issue or refuse to issue any license
17 or permit provided for in this chapter.
18 2. To limit in its discretion the number of licenses of each class to
19 be issued within the state or any political subdivision thereof, and in
20 connection therewith to prohibit the acceptance of applications for such
21 class or classes of licenses which have been so limited.
22 3. To revoke, cancel or suspend for cause any license or permit issued
23 under this chapter and/or to impose a civil penalty for cause against
24 any holder of a license or permit issued pursuant to this chapter. Any
25 civil penalty so imposed shall not exceed the sum of ten thousand
26 dollars as against the holder of any retail permit issued pursuant to
27 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d and
28 paragraph f of subdivision one of section ninety-nine-b of this chapter
29 and as against the holder of any retail license issued pursuant to
30 sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
31 fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
32 sixty-four-c, seventy-nine, eighty-one and eighty-one-a of this chapter,
33 and the sum of thirty thousand dollars as against the holder of a
34 license issued pursuant to sections fifty-three, seventy-six, seventy-
35 six-a, seventy-six-f, and seventy-eight of this chapter, provided that
36 the civil penalty against the holder of a wholesale license issued
37 pursuant to section fifty-three of this chapter shall not exceed the sum
38 of ten thousand dollars where that licensee violates provisions of this
39 chapter during the course of the sale of beer at retail to a person for
40 consumption at home, and the sum of one hundred thousand dollars as
41 against the holder of any license issued pursuant to sections fifty-one,
42 sixty-one and sixty-two of this chapter. Any civil penalty so imposed
43 shall be in addition to and separate and apart from the terms and
44 provisions of the bond required pursuant to section one hundred twelve
45 of this chapter. Provided that no appeal is pending on the imposition of
46 such civil penalty, in the event such civil penalty imposed by the divi-
47 sion remains unpaid, in whole or in part, more than forty-five days
48 after written demand for payment has been sent by first class mail to
49 the address of the licensed premises, a notice of impending default
50 judgment shall be sent by first class mail to the licensed premises and
51 by first class mail to the last known home address of the person who
52 signed the most recent license application. The notice of impending
53 default judgment shall advise the licensee: (a) that a civil penalty was
54 imposed on the licensee; (b) the date the penalty was imposed; (c) the
55 amount of the civil penalty; (d) the amount of the civil penalty that
56 remains unpaid as of the date of the notice; (e) the violations for
A. 7016--A 3
1 which the civil penalty was imposed; and (f) that a judgment by default
2 will be entered in the supreme court of the county in which the licensed
3 premises are located, or other court of civil jurisdiction or any other
4 place provided for the entry of civil judgments within the state of New
5 York unless the division receives full payment of all civil penalties
6 due within twenty days of the date of the notice of impending default
7 judgment. If full payment shall not have been received by the division
8 within thirty days of mailing of the notice of impending default judg-
9 ment, the division shall proceed to enter with such court a statement of
10 the default judgment containing the amount of the penalty or penalties
11 remaining due and unpaid, along with proof of mailing of the notice of
12 impending default judgment. The filing of such judgment shall have the
13 full force and effect of a default judgment duly docketed with such
14 court pursuant to the civil practice law and rules and shall in all
15 respects be governed by that chapter and may be enforced in the same
16 manner and with the same effect as that provided by law in respect to
17 execution issued against property upon judgments of a court of record. A
18 judgment entered pursuant to this subdivision shall remain in full force
19 and effect for eight years notwithstanding any other provision of law.
20 4. [To remove any employee of the authority for cause, after giving
21 such employee a copy of the charges against him in writing, and an
22 opportunity to be heard thereon. Any action taken under this subdivision
23 shall be subject to and in accordance with the civil service law.
24 5.] To fix by rule the standards of manufacture and fermentation in
25 order to insure the use of proper ingredients and methods in the manu-
26 facture of alcoholic beverages to be sold or consumed in the state.
27 [6.] 5. To hold hearings, subpoena witnesses, compel their attendance,
28 administer oaths, to examine any person under oath and in connection
29 therewith to require the production of any books or papers relative to
30 the inquiry. A subpoena issued under this section shall be regulated by
31 the civil practice law and rules.
32 [7.] 6. To prohibit, at any time of public emergency, without previous
33 notice or advertisement, the sale of any or all alcoholic beverages for
34 and during the period of such emergency.
35 [8. To make an annual report to the governor and the legislature of
36 its activities for the preceding year.
37 8-a. On and after January first, two thousand the report provided for
38 in subdivision eight of this section shall include an evaluation of the
39 effectiveness of the prohibition on the sale of alcohol to persons under
40 the age of twenty-one as provided in section sixty-five-b of this chap-
41 ter with particular emphasis on the provisions of subdivisions one, two,
42 three, four and five of section sixty-five-b, subdivision five of
43 section one hundred nineteen and subdivision six of section sixty-five
44 of this chapter, paragraph (b) of subdivision seven of section 170.55 of
45 the criminal procedure law and subdivision (f) of section 19.07 of the
46 mental hygiene law.
47 8-b. On and after January first, two thousand eleven, the report
48 provided for in subdivision eight of this section shall include informa-
49 tion related to the number of licenses applied for and the length of
50 time required for the approval or denial of such retail license applied
51 for pursuant to subdivision two-c of section sixty-one, section sixty-
52 four, section seventy-six, section seventy-six-a, section seventy-six-c,
53 section seventy-six-d, and section seventy-six-f of this chapter.
54 9. The] 7. TO DELEGATE THE powers provided in this section [may be
55 delegated by the authority] to the chairman, or to such other officers
56 or employees as may be designated by the chairman.
A. 7016--A 4
1 [10.] 8. To appoint such advisory groups and committees as it deems
2 necessary to provide assistance to the authority to carry out the
3 purposes and objectives of this chapter.
4 [11.] 9. Upon receipt of a resolution adopted by a board of supervi-
5 sors or a county legislative body requesting further restriction of
6 hours of sale of alcoholic beverages within such county, and upon notice
7 and hearing within such county, to approve or disapprove such hours
8 within such county.
9 [12. To develop and establish minimum criteria for alcohol training
10 awareness programs which may be given and administered by schools; other
11 entities including trade associations whose members are engaged in or
12 involved in the retail sale of alcoholic beverages; national and
13 regional franchisors who have granted at least five franchises in the
14 state which are licensed to sell beer at retail for off-premises
15 consumption; licensees authorized to sell alcoholic beverages at retail
16 for off-premises consumption operating five or more licensed premises;
17 and persons interested, whether as an individual proprietor or partner
18 or officer or member of a limited liability company, in five or more
19 licensees authorized to sell alcoholic beverages at retail for off-prem-
20 ises consumption. The authority shall provide for the issuance of
21 certificates of approval to all certified alcohol training awareness
22 programs. Certificates of approval may be revoked by the authority for
23 failure to adhere to the authority's rules and regulations. Such rules
24 and regulations shall afford those who have been issued a certificate of
25 approval an opportunity for a hearing prior to any determination of
26 whether such certificate should be revoked.
27 No licensee shall be required to apply for any such certificate or
28 renewal certificate and the licensee may voluntarily surrender such a
29 certificate or renewal certificate at any time. A fee in the amount of
30 nine hundred dollars shall be paid to the authority with each applica-
31 tion for a certificate of approval or renewal certificate. The authority
32 shall promptly refund such fee to an applicant whose application was
33 denied. Each certificate of approval and renewal thereof shall be issued
34 for a period of three years. To effectuate the provisions of this subdi-
35 vision, the authority is empowered to require in connection with an
36 application the submission of such information as the authority may
37 direct; to prescribe forms of applications and of all reports which it
38 deems necessary to be made by any applicant or certificate holder; to
39 conduct investigations; to require the maintenance of such books and
40 records as the authority may direct; to revoke, cancel, or suspend for
41 cause any certificate provided for in this subdivision. Each entity
42 authorized to give and administer an alcohol training awareness program
43 shall issue certificates of completion to all licensees and employees
44 who successfully complete such an approved alcohol training awareness
45 program. Such entity shall regularly transmit to the authority the
46 names, addresses and dates of attendance of all the licensees and
47 employees of licensees who successfully complete an approved alcohol
48 training awareness program. Such transmittal shall be in a form and
49 manner prescribed by the authority. The authority shall adopt rules and
50 regulations to effectuate the provisions of this subdivision, including
51 the minimum requirements for the curriculum of each such training
52 program and the regular ongoing training of employees holding certif-
53 icates of completion or renewal certificates. Such rules and regulations
54 shall include the minimum requirements for a separate curriculum for
55 licensees and their employees authorized to sell alcoholic beverages at
56 retail for off-premises consumption, minimum requirements for a separate
A. 7016--A 5
1 curriculum for licensees and their employees authorized to sell alcohol-
2 ic beverages at retail for on-premises consumption, and the form of a
3 certificate of completion or renewal thereof to be issued in respect to
4 each such type of program. A certificate of completion or renewal there-
5 of issued by an entity authorized to give and administer an alcohol
6 training awareness program pursuant to this subdivision to licensees and
7 their employees authorized to sell alcoholic beverages at retail for
8 off-premises consumption shall not be invalidated by a change of employ-
9 ment to another such licensee. A certificate of completion or renewal
10 thereof issued by an entity authorized to give and administer an alcohol
11 training awareness program pursuant to this subdivision to licensees and
12 their employees authorized to sell alcoholic beverages at retail for
13 on-premises consumption shall not be invalidated by a change of employ-
14 ment to another such licensee. Attendance at any course established
15 pursuant to this section shall be in person, through distance learning
16 methods, or through an internet based online program.
17 13. To study and report to the governor and the legislature bi-ennial-
18 ly on or before February first of each year concerning:
19 (a) recommendations to reduce the number and type of licenses, and to
20 establish a uniform, statewide schedule of fees, such recommendations to
21 include the development of a master application form for all licenses,
22 with specific exhibits required for specific licenses, as appropriate,
23 as well as recommendations on a non-refundable application fee set at a
24 level which will cover the cost of the review and which would be applied
25 against the first year license fee if the application is granted;
26 (b) recommendations to simplify license renewal procedures;
27 (c) recommendations to streamline the processing of applications and
28 to eliminate duplication of reviews, such recommendations to include
29 uniform standards for application review and decision which shall seek
30 to assure that the review is as objective as possible and to narrow the
31 discretion of the authority or of any reviewer employed by the authori-
32 ty;
33 (d) the extent to which quality of life issues, such as noise level,
34 vehicular traffic and parking are considered in licensing decisions,
35 particularly as such issues pertain to proceedings pursuant to subdivi-
36 sion seven of section sixty-four of this chapter;
37 (e) recommendations to improve enforcement methodologies in order to
38 protect the health and safety of residents of communities experiencing
39 persistent problems in the operation of retail establishments;
40 (f) recommendations concerning the addition of field enforcement
41 personnel and the ratios of such field enforcement personnel to the
42 total numbers of licensees that in the view of the authority would be
43 appropriate to insure compliance with the law. Such study shall provide
44 a detailed analysis of the costs and projected revenues to be obtained
45 from the addition of such field enforcement personnel;
46 (g) such other observations and recommendations concerning the activ-
47 ities of the authority as will improve its effectiveness and efficiency
48 including the utilization of on-line services to provide information on
49 a fee-for-service basis; and
50 (h) provide information concerning the name, total quantity and total
51 price of wine purchased from New York state and out-of-state wineries
52 and farm wineries, and such other information on and recommendations
53 concerning interstate wine shipment.
54 14. For state fiscal year two thousand nine--two thousand ten, the
55 authority shall, within amounts appropriated therefore, improve and
56 update their information technology in order to meet federal security
A. 7016--A 6
1 requirements and to assist in the processing of license and/or permit
2 applications and renewals.]
3 S 3. Section 18 of the alcoholic beverage control law, as added by
4 chapter 83 of the laws of 1995, is amended to read as follows:
5 S 18. Powers and duties of the chairman. The chairman shall have the
6 following functions, powers and duties:
7 1. To exercise the powers and perform the duties in relation to the
8 administration of the division of alcoholic beverage control as are not
9 specifically vested by this chapter in the state liquor authority,
10 INCLUDING BUT NOT LIMITED TO BUDGETARY AND FISCAL MATTERS.
11 2. To preside at all meetings of the authority and perform the admin-
12 istrative functions of the authority.
13 3. TO APPOINT ANY NECESSARY DEPUTIES, COUNSELS, ASSISTANTS, INVESTI-
14 GATORS, AND OTHER EMPLOYEES WITHIN THE LIMITS PROVIDED BY APPROPRIATION.
15 4. TO REMOVE ANY EMPLOYEE OF THE AUTHORITY FOR CAUSE, AFTER GIVING
16 SUCH EMPLOYEE A COPY OF THE CHARGES AGAINST HIM OR HER IN WRITING, AND
17 AN OPPORTUNITY TO BE HEARD THEREON. ANY ACTION TAKEN UNDER THIS SUBDIVI-
18 SION SHALL BE SUBJECT TO AND IN ACCORDANCE WITH THE CIVIL SERVICE LAW.
19 5. To keep records in such form as he OR SHE may prescribe of all
20 licenses and permits issued and revoked within the state; such records
21 shall be so kept as to provide ready information as to the identity of
22 all licensees including the names of the officers and directors of
23 corporate licensees and the location of all licensed premises. The
24 chairman may, with the approval of the commissioner of taxation and
25 finance, contract to furnish copies of the records of licenses and
26 permits of each class and type issued within the state or any political
27 subdivision thereof, for any license or permit year or term of years not
28 exceeding five years.
29 [4.] 6. To inspect or provide for the inspection of any premises where
30 alcoholic beverages are manufactured or sold.
31 [5.] 7. To prescribe forms of applications for licenses and permits
32 under this chapter and of all reports deemed necessary by the authority.
33 [6.] 8. To delegate to the officers and employees of the [division]
34 AUTHORITY such of his OR HER powers and duties as he OR SHE may deter-
35 mine.
36 9. TO ESTABLISH APPROPRIATE PROCEDURES TO INSURE THAT HEARING OFFICERS
37 ARE SHIELDED FROM EX PARTE COMMUNICATIONS WITH ALLEGED VIOLATORS AND
38 THEIR ATTORNEYS AND FROM OTHER EMPLOYEES OF THE AUTHORITY AND SHALL TAKE
39 SUCH OTHER STEPS AS IT SHALL DEEM NECESSARY AND PROPER TO SHIELD ITS
40 JUDICIAL PROCESSES FROM UNWARRANTED AND INAPPROPRIATE COMMUNICATIONS AND
41 ATTEMPTS TO INFLUENCE.
42 10. TO DEVELOP AND ESTABLISH MINIMUM CRITERIA FOR ALCOHOL TRAINING
43 AWARENESS PROGRAMS WHICH MAY BE GIVEN AND ADMINISTERED BY SCHOOLS; OTHER
44 ENTITIES INCLUDING TRADE ASSOCIATIONS WHOSE MEMBERS ARE ENGAGED IN OR
45 INVOLVED IN THE RETAIL SALE OF ALCOHOLIC BEVERAGES; NATIONAL AND
46 REGIONAL FRANCHISORS WHO HAVE GRANTED AT LEAST FIVE FRANCHISES IN THE
47 STATE WHICH ARE LICENSED TO SELL BEER AT RETAIL FOR OFF-PREMISES
48 CONSUMPTION; LICENSEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL
49 FOR OFF-PREMISES CONSUMPTION OPERATING FIVE OR MORE LICENSED PREMISES;
50 AND PERSONS INTERESTED, WHETHER AS AN INDIVIDUAL PROPRIETOR OR PARTNER
51 OR OFFICER OR MEMBER OF A LIMITED LIABILITY COMPANY, IN FIVE OR MORE
52 LICENSEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR OFF-PREM-
53 ISES CONSUMPTION. THE AUTHORITY SHALL PROVIDE FOR THE ISSUANCE OF
54 CERTIFICATES OF APPROVAL TO ALL CERTIFIED ALCOHOL TRAINING AWARENESS
55 PROGRAMS. CERTIFICATES OF APPROVAL MAY BE REVOKED BY THE AUTHORITY FOR
56 FAILURE TO ADHERE TO THE AUTHORITY'S RULES AND REGULATIONS. SUCH RULES
A. 7016--A 7
1 AND REGULATIONS SHALL AFFORD THOSE WHO HAVE BEEN ISSUED A CERTIFICATE OF
2 APPROVAL AN OPPORTUNITY FOR A HEARING PRIOR TO ANY DETERMINATION OF
3 WHETHER SUCH CERTIFICATE SHOULD BE REVOKED.
4 NO LICENSEE SHALL BE REQUIRED TO APPLY FOR ANY SUCH CERTIFICATE OR
5 RENEWAL CERTIFICATE AND THE LICENSEE MAY VOLUNTARILY SURRENDER SUCH A
6 CERTIFICATE OR RENEWAL CERTIFICATE AT ANY TIME. A FEE IN THE AMOUNT OF
7 NINE HUNDRED DOLLARS SHALL BE PAID TO THE AUTHORITY WITH EACH APPLICA-
8 TION FOR A CERTIFICATE OF APPROVAL OR RENEWAL CERTIFICATE. THE AUTHORITY
9 SHALL PROMPTLY REFUND SUCH FEE TO AN APPLICANT WHOSE APPLICATION WAS
10 DENIED. EACH CERTIFICATE OF APPROVAL AND RENEWAL THEREOF SHALL BE ISSUED
11 FOR A PERIOD OF THREE YEARS. TO EFFECTUATE THE PROVISIONS OF THIS SUBDI-
12 VISION, THE AUTHORITY IS EMPOWERED TO REQUIRE IN CONNECTION WITH AN
13 APPLICATION THE SUBMISSION OF SUCH INFORMATION AS THE AUTHORITY MAY
14 DIRECT; TO PRESCRIBE FORMS OF APPLICATIONS AND OF ALL REPORTS WHICH IT
15 DEEMS NECESSARY TO BE MADE BY ANY APPLICANT OR CERTIFICATE HOLDER; TO
16 CONDUCT INVESTIGATIONS; TO REQUIRE THE MAINTENANCE OF SUCH BOOKS AND
17 RECORDS AS THE AUTHORITY MAY DIRECT; TO REVOKE, CANCEL, OR SUSPEND FOR
18 CAUSE ANY CERTIFICATE PROVIDED FOR IN THIS SUBDIVISION. EACH ENTITY
19 AUTHORIZED TO GIVE AND ADMINISTER AN ALCOHOL TRAINING AWARENESS PROGRAM
20 SHALL ISSUE CERTIFICATES OF COMPLETION TO ALL LICENSEES AND EMPLOYEES
21 WHO SUCCESSFULLY COMPLETE SUCH AN APPROVED ALCOHOL TRAINING AWARENESS
22 PROGRAM. SUCH ENTITY SHALL REGULARLY TRANSMIT TO THE AUTHORITY THE
23 NAMES, ADDRESSES AND DATES OF ATTENDANCE OF ALL THE LICENSEES AND
24 EMPLOYEES OF LICENSEES WHO SUCCESSFULLY COMPLETE AN APPROVED ALCOHOL
25 TRAINING AWARENESS PROGRAM. SUCH TRANSMITTAL SHALL BE IN A FORM AND
26 MANNER PRESCRIBED BY THE AUTHORITY. THE AUTHORITY SHALL ADOPT RULES AND
27 REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION, INCLUDING
28 THE MINIMUM REQUIREMENTS FOR THE CURRICULUM OF EACH SUCH TRAINING
29 PROGRAM AND THE REGULAR ONGOING TRAINING OF EMPLOYEES HOLDING CERTIF-
30 ICATES OF COMPLETION OR RENEWAL CERTIFICATES. SUCH RULES AND REGULATIONS
31 SHALL INCLUDE THE MINIMUM REQUIREMENTS FOR A SEPARATE CURRICULUM FOR
32 LICENSEES AND THEIR EMPLOYEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT
33 RETAIL FOR OFF-PREMISES CONSUMPTION, MINIMUM REQUIREMENTS FOR A SEPARATE
34 CURRICULUM FOR LICENSEES AND THEIR EMPLOYEES AUTHORIZED TO SELL ALCOHOL-
35 IC BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION, AND THE FORM OF A
36 CERTIFICATE OF COMPLETION OR RENEWAL THEREOF TO BE ISSUED IN RESPECT TO
37 EACH SUCH TYPE OF PROGRAM. A CERTIFICATE OF COMPLETION OR RENEWAL THERE-
38 OF ISSUED BY AN ENTITY AUTHORIZED TO GIVE AND ADMINISTER AN ALCOHOL
39 TRAINING AWARENESS PROGRAM PURSUANT TO THIS SUBDIVISION TO LICENSEES AND
40 THEIR EMPLOYEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR
41 OFF-PREMISES CONSUMPTION SHALL NOT BE INVALIDATED BY A CHANGE OF EMPLOY-
42 MENT TO ANOTHER SUCH LICENSEE. A CERTIFICATE OF COMPLETION OR RENEWAL
43 THEREOF ISSUED BY AN ENTITY AUTHORIZED TO GIVE AND ADMINISTER AN ALCOHOL
44 TRAINING AWARENESS PROGRAM PURSUANT TO THIS SUBDIVISION TO LICENSEES AND
45 THEIR EMPLOYEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR
46 ON-PREMISES CONSUMPTION SHALL NOT BE INVALIDATED BY A CHANGE OF EMPLOY-
47 MENT TO ANOTHER SUCH LICENSEE. ATTENDANCE AT ANY COURSE ESTABLISHED
48 PURSUANT TO THIS SECTION SHALL BE IN PERSON, THROUGH DISTANCE LEARNING
49 METHODS, OR THROUGH AN INTERNET BASED ONLINE PROGRAM.
50 11. TO MAKE AN ANNUAL REPORT TO THE GOVERNOR AND THE LEGISLATURE OF
51 ITS ACTIVITIES FOR THE PRECEDING YEAR.
52 12. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, THE REPORT
53 PROVIDED FOR IN SUBDIVISION ELEVEN OF THIS SECTION SHALL INCLUDE AN
54 EVALUATION OF THE EFFECTIVENESS OF THE PROHIBITION ON THE SALE OF ALCO-
55 HOL TO PERSONS UNDER THE AGE OF TWENTY-ONE AS PROVIDED IN SECTION
56 SIXTY-FIVE-B OF THIS CHAPTER WITH PARTICULAR EMPHASIS ON THE PROVISIONS
A. 7016--A 8
1 OF SUBDIVISIONS ONE, TWO, THREE, FOUR AND FIVE OF SECTION SIXTY-FIVE-B,
2 SUBDIVISION FIVE OF SECTION ONE HUNDRED NINETEEN AND SUBDIVISION SIX OF
3 SECTION SIXTY-FIVE OF THIS CHAPTER, PARAGRAPH (B) OF SUBDIVISION SEVEN
4 OF SECTION 170.55 OF THE CRIMINAL PROCEDURE LAW AND SUBDIVISION (F) OF
5 SECTION 19.07 OF THE MENTAL HYGIENE LAW.
6 13. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, THE REPORT
7 PROVIDED FOR IN SUBDIVISION ELEVEN OF THIS SECTION SHALL INCLUDE INFOR-
8 MATION RELATED TO THE NUMBER OF LICENSES APPLIED FOR AND THE LENGTH OF
9 TIME REQUIRED FOR THE APPROVAL OR DENIAL OF SUCH RETAIL LICENSE APPLIED
10 FOR PURSUANT TO SUBDIVISION TWO-C OF SECTION SIXTY-ONE, SECTION
11 SIXTY-FOUR, SECTION SEVENTY-SIX, SECTION SEVENTY-SIX-A, SECTION SEVEN-
12 TY-SIX-C, SECTION SEVENTY-SIX-D, AND SECTION SEVENTY-SIX-F OF THIS CHAP-
13 TER.
14 14. TO STUDY AND REPORT TO THE GOVERNOR AND THE LEGISLATURE BIENNIALLY
15 ON OR BEFORE FEBRUARY FIRST OF EACH YEAR CONCERNING:
16 (A) RECOMMENDATIONS TO REDUCE THE NUMBER AND TYPE OF LICENSES, AND TO
17 ESTABLISH A UNIFORM, STATEWIDE SCHEDULE OF FEES, SUCH RECOMMENDATIONS TO
18 INCLUDE THE DEVELOPMENT OF A MASTER APPLICATION FORM FOR ALL LICENSES,
19 WITH SPECIFIC EXHIBITS REQUIRED FOR SPECIFIC LICENSES, AS APPROPRIATE,
20 AS WELL AS RECOMMENDATIONS ON A NON-REFUNDABLE APPLICATION FEE SET AT A
21 LEVEL WHICH WILL COVER THE COST OF THE REVIEW AND WHICH WOULD BE APPLIED
22 AGAINST THE FIRST YEAR LICENSE FEE IF THE APPLICATION IS GRANTED;
23 (B) RECOMMENDATIONS TO SIMPLIFY LICENSE RENEWAL PROCEDURES;
24 (C) RECOMMENDATIONS TO STREAMLINE THE PROCESSING OF APPLICATIONS AND
25 TO ELIMINATE DUPLICATION OF REVIEWS, SUCH RECOMMENDATIONS TO INCLUDE
26 UNIFORM STANDARDS FOR APPLICATION REVIEW AND DECISION WHICH SHALL SEEK
27 TO ASSURE THAT THE REVIEW IS AS OBJECTIVE AS POSSIBLE AND TO NARROW THE
28 DISCRETION OF THE AUTHORITY OR OF ANY REVIEWER EMPLOYED BY THE AUTHORI-
29 TY;
30 (D) THE EXTENT TO WHICH QUALITY OF LIFE ISSUES, SUCH AS NOISE LEVEL,
31 VEHICULAR TRAFFIC AND PARKING ARE CONSIDERED IN LICENSING DECISIONS,
32 PARTICULARLY AS SUCH ISSUES PERTAIN TO PROCEEDINGS PURSUANT TO SUBDIVI-
33 SION SEVEN OF SECTION SIXTY-FOUR OF THIS CHAPTER;
34 (E) RECOMMENDATIONS TO IMPROVE ENFORCEMENT METHODOLOGIES IN ORDER TO
35 PROTECT THE HEALTH AND SAFETY OF RESIDENTS OF COMMUNITIES EXPERIENCING
36 PERSISTENT PROBLEMS IN THE OPERATION OF RETAIL ESTABLISHMENTS;
37 (F) RECOMMENDATIONS CONCERNING THE ADDITION OF FIELD ENFORCEMENT
38 PERSONNEL AND THE RATIOS OF SUCH FIELD ENFORCEMENT PERSONNEL TO THE
39 TOTAL NUMBERS OF LICENSEES THAT IN THE VIEW OF THE AUTHORITY WOULD BE
40 APPROPRIATE TO INSURE COMPLIANCE WITH THE LAW. SUCH STUDY SHALL PROVIDE
41 A DETAILED ANALYSIS OF THE COSTS AND PROJECTED REVENUES TO BE OBTAINED
42 FROM THE ADDITION OF SUCH FIELD ENFORCEMENT PERSONNEL;
43 (G) SUCH OTHER OBSERVATIONS AND RECOMMENDATIONS CONCERNING THE ACTIV-
44 ITIES OF THE AUTHORITY AS WILL IMPROVE ITS EFFECTIVENESS AND EFFICIENCY
45 INCLUDING THE UTILIZATION OF ON-LINE SERVICES TO PROVIDE INFORMATION ON
46 A FEE-FOR-SERVICE BASIS; AND
47 (H) PROVIDE INFORMATION CONCERNING THE NAME, TOTAL QUANTITY AND TOTAL
48 PRICE OF WINE PURCHASED FROM NEW YORK STATE AND OUT-OF-STATE WINERIES
49 AND FARM WINERIES, AND SUCH OTHER INFORMATION ON AND RECOMMENDATIONS
50 CONCERNING INTERSTATE WINE SHIPMENT.
51 15. FOR STATE FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE,
52 THE AUTHORITY SHALL, WITHIN AMOUNTS APPROPRIATED THEREFOR, IMPROVE AND
53 UPDATE THEIR INFORMATION TECHNOLOGY IN ORDER TO MEET FEDERAL SECURITY
54 REQUIREMENTS AND TO ASSIST IN THE PROCESSING OF LICENSE AND/OR PERMIT
55 APPLICATIONS AND RENEWALS.
56 S 4. This act shall take effect immediately.
