Bill Text: NY S07642 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to establishing ten regional offices to oversee the state liquor authority; establishes a five member advisory board within each office to oversee each office; provides members of each advisory board will be appointed by the governor, temporary president of the senate and speaker of the assembly.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-02 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S07642 Detail]
Download: New_York-2017-S07642-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7642 IN SENATE February 2, 2018 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the alcoholic beverage control law, in relation to establishing ten regional offices to oversee the state liquor authori- ty The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 6 and 15 of section 3 of the alcoholic bever- 2 age control law, subdivision 6 as amended by chapter 83 of the laws of 3 1995, are amended to read as follows: 4 6. "Board" or "local board" or "appropriate board" or "board having 5 jurisdiction" shall mean the regional office of the state liquor author- 6 ity having jurisdiction. 7 15. "Liquor authority" and "authority" mean the regional office of the 8 state liquor authority having jurisdiction as provided for in this chap- 9 ter. 10 § 2. Section 10 of the alcoholic beverage control law, as amended by 11 chapter 297 of the laws of 2016, is amended to read as follows: 12 § 10. State liquor authority. 1. There shall continue to be in the 13 executive department an alcoholic beverage control division, the head of 14 which shall be the state liquor authority [whose members shall consist15of a chairman and two commissioners, all of whom shall be citizens and16residents of the state] which shall consist of ten regional offices 17 having jurisdiction over the following counties: 18 (a) Western New York, consisting of Allegany, Cattaraugus, Chautauqua, 19 Erie and Niagara counties; 20 (b) Finger Lakes, consisting of Genesee, Livingston, Monroe, Ontario, 21 Orleans, Seneca, Wayne, Wyoming and Yates counties; 22 (c) Southern Tier, consisting of Broome, Chemung, Chenango, Delaware, 23 Schuyler, Steuben, Tioga and Tompkins counties; 24 (d) Central New York, consisting of Cayuga, Cortland, Madison, Ononda- 25 ga and Oswego counties; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14311-01-8S. 7642 2 1 (e) Mohawk Valley, consisting of Fulton, Herkimer, Montgomery, Oneida, 2 Otsego and Schoharie counties; 3 (f) North Country, consisting of Clinton, Essex, Franklin, Hamilton, 4 Jefferson, Lewis and St. Lawrence counties; 5 (g) Capital Region, consisting of Albany, Columbia, Greene, Saratoga, 6 Schenectady, Rensselaer, Warren and Washington counties; 7 (h) Mid-Hudson, consisting of Dutchess, Orange, Putnam, Rockland, 8 Sullivan, Ulster and Westchester counties; 9 (i) New York City, consisting of Bronx, Kings, New York, Richmond and 10 Queens counties; and 11 (j) Long Island, consisting of Nassau and Suffolk counties. 12 2. The terms "state alcoholic beverage control board", "state board", 13 "liquor authority", or "authority", wherever occurring in any of the 14 provisions of this chapter or of any other law, or in any official 15 books, records, instruments, rules or papers, shall hereafter mean and 16 refer to the state liquor authority regional office having jurisdiction 17 as provided for in this section. 18 § 3. Section 11 of the alcoholic beverage control law, as amended by 19 section 2 of part E of chapter 57 of the laws of 2011, is amended to 20 read as follows: 21 § 11. Appointment of authority. The [members of the authority shall be22appointed by the governor by and with the advice and consent of the23senate] head of each regional office shall be an advisory board consist- 24 ing of five members. One member shall be appointed by the governor, two 25 members shall be appointed by the temporary president of the senate and 26 two members shall be appointed by the speaker of the assembly. Each 27 member shall be a resident of the region in which he or she is 28 appointed. Not more than [two] three members of the authority shall 29 belong to the same political party. [The chairman of the state alcoholic30beverage control board heretofore appointed and designated by the gover-31nor and the remaining members of such board heretofore appointed by the32governor shall continue to serve as chairman and members of the authori-33ty until the expiration of the respective terms for which they were34appointed. Upon the expiration of such respective terms the successors35of such chairman and members] Members of each advisory board shall be 36 appointed to serve for a term of three years each and until their 37 successors have been appointed [and qualified]. The [commissioners,38other than the chairman] members of each advisory board shall, when 39 performing the work of the authority, be compensated at a rate of two 40 hundred sixty dollars per day, together with an allowance for actual and 41 necessary expenses incurred in the discharge of their duties. [The42chairman shall receive an annual salary established in section one43hundred sixty-nine of the executive law.] 44 § 4. Section 12 of the alcoholic beverage control law, as amended by 45 chapter 358 of the laws of 1961, is amended to read as follows: 46 § 12. Expenses. Each member of the advisory boards of the regional 47 offices of the authority shall be entitled to his or her expenses actu- 48 ally and necessarily incurred by him or her in the performance of his or 49 her duties. 50 § 5. Section 13 of the alcoholic beverage control law is amended to 51 read as follows: 52 § 13. Removal. Any member of the advisory boards of the regional 53 offices of the authority may be removed by the [governor] appointing 54 authority for cause after an opportunity to be heard. A statement of the 55 cause of his or her removal shall be filed by the [governor] appointing 56 authority in the office of the secretary of state.S. 7642 3 1 § 6. Section 14 of the alcoholic beverage control law, as amended by 2 chapter 297 of the laws of 2016, is amended to read as follows: 3 § 14. Vacancies; quorum. 1. In the event of a vacancy caused by the 4 death, resignation, removal or disability of any [commissioner] member 5 of an advisory board, the vacancy shall be filled by the [governor by6and with the advice and consent of the senate] appointing authority for 7 the unexpired term. 8 2. [(a) In the event of a vacancy caused by the death, resignation,9removal, or disability of the chairman, the vacancy shall be filled by10the governor by and with the advice and consent of the senate for the11unexpired term. Notwithstanding any other provision of law to the12contrary, the governor shall designate one of the commissioners to serve13as acting chairman for a period not to exceed six months or until a14successor chairman has been confirmed by the senate, whichever comes15first. Upon the expiration of the six month term, if the governor has16nominated a successor chairman, but the senate has not acted upon the17nomination, the acting chairman can continue to serve as acting chairman18for an additional ninety days or until the governor's successor chairman19nomination is confirmed by the senate, whichever comes first.20(b) The governor shall provide immediate written notice to the tempo-21rary president of the senate of the designation of a commissioner as22acting chairman.23(c) If (i) the governor has not nominated a successor chairman upon24the expiration of the six month term or (ii) the senate does not confirm25the governor's successor nomination within the additional ninety days,26the commissioner designated as acting chairman shall no longer be able27to serve as acting chairman and the governor is prohibited from extend-28ing the powers of that acting chairman or from designating another29commissioner to serve as acting chairman.30(d) A commissioner serving as the acting chairman of the authority31shall be deemed a state officer for purposes of section seventy-three of32the public officers law.333.] A majority of the members of [the authority] an advisory board 34 shall constitute a quorum for the purpose of conducting the business 35 thereof and a majority vote of all the members [in office] of an advi- 36 sory board shall be necessary for action. [Provided, however, that a37commissioner designated as an acting chairman pursuant to subdivision38two of section fourteen of this chapter shall have only one vote for39purposes of conducting the business of the authority.] 40 § 7. Section 15 of the alcoholic beverage control law, as amended by 41 chapter 118 of the laws of 2012, is amended to read as follows: 42 § 15. Officers; employees; offices. Investigators employed by the 43 authority shall be deemed to be peace officers for the purpose of 44 enforcing the provisions of this chapter or [judgements] judgments or 45 orders obtained for violation thereof, with all the powers set forth in 46 section 2.20 of the criminal procedure law. The counsel, secretary, 47 chief executive officer, assistant chief executive officers, confiden- 48 tial secretaries to [commissioners and deputies] the advisory boards of 49 the regional offices of the authority shall be in the exempt class of 50 the civil service. The other assistants, investigators and employees of 51 the authority shall all be in the competitive class of the civil 52 service. [The authority shall continue to have its principal office in53the city of Albany, and may maintain a branch office in the cities of54New York and Buffalo and such other places as the chairman may deem55necessary.]S. 7642 4 1 § 8. Section 15 of the alcoholic beverage control law, as amended by 2 chapter 83 of the laws of 1995 and the second undesignated paragraph as 3 amended by section 1 of part F of chapter 411 of the laws of 1999, is 4 amended to read as follows: 5 § 15. Officers; employees; offices. The advisory boards of the 6 regional offices of the authority shall have power to appoint any neces- 7 sary deputies, counsels, assistants, investigators, and other employees 8 within the limits provided by appropriation. Investigators so employed 9 by the [Authority] authority shall be deemed to be peace officers for 10 the purpose of enforcing the provisions of [the alcoholic beverage11control law] this chapter or [judgements] judgments or orders obtained 12 for violation thereof, with all the powers set forth in section 2.20 of 13 the criminal procedure law. The counsel, secretary, chief executive 14 officer, assistant chief executive officers, confidential secretaries to 15 [commissioners and deputies] the advisory boards of the regional offices 16 of the authority shall be in the exempt class of the civil service. The 17 other assistants, investigators and employees of the authority shall all 18 be in the competitive class of the civil service. [The authority shall19continue to have its principal office in the city of Albany, and may20maintain a branch office in the cities of New York and Buffalo and such21other places as it may deem necessary.] 22 The authority shall establish appropriate procedures to insure that 23 hearing officers are shielded from ex parte communications with alleged 24 violators and their attorneys and from other employees of the authority 25 and shall take such other steps as it shall deem necessary and proper to 26 shield its judicial processes from unwarranted and inappropriate commu- 27 nications and attempts to influence. 28 § 9. Section 16 of the alcoholic beverage control law, as amended by 29 chapter 731 of the laws of 1971, is amended to read as follows: 30 § 16. Disqualification of members and employees of authority. No 31 member of an advisory board of a regional office of the authority or any 32 officer, deputy, assistant, inspector or employee thereof shall have any 33 interest, direct or indirect, either proprietary or by means of any 34 loan, mortgage or lien, or in any other manner, in or on any premises 35 where alcoholic beverages are manufactured or sold; nor shall he have 36 any interest, direct or indirect, in any business wholly or partially 37 devoted to the manufacture, sale, transportation or storage of alcoholic 38 beverages, or own any stock in any corporation which has any interest, 39 proprietary or otherwise, direct or indirect, in any premises where 40 alcoholic beverages are manufactured or sold, or in any business wholly 41 or partially devoted to the manufacture, sale, transportation or storage 42 of alcoholic beverages, or receive any commission or profit whatsoever, 43 direct or indirect, from any person applying for or receiving any 44 license or permit provided for in this chapter, or hold any other public 45 office in the state or in any political subdivision except upon the 46 written permission of the liquor authority, such member of an advisory 47 board of a regional office of the authority or officer, deputy, assist- 48 ant, inspector or employee thereof may hold the public office of notary 49 public or member of a community board of education in the city school 50 district of the city of New York. Any one who violates any of the 51 provisions of this section shall be removed. 52 § 10. Section 17 of the alcoholic beverage control law, as amended by 53 chapter 118 of the laws of 2012 and subdivision 3 as amended by chapter 54 297 of the laws of 2016, is amended to read as follows: 55 § 17. Powers of the authority. [The] Each regional office of the 56 authority shall have the following functions, powers and duties withinS. 7642 5 1 the counties in which it has jurisdiction: 1. To issue or refuse to 2 issue any license or permit provided for in this chapter. 3 2. To limit in its discretion the number of licenses of each class to 4 be issued within [the state or any political subdivision thereof] its 5 jurisdiction, and in connection therewith to prohibit the acceptance of 6 applications for such class or classes of licenses which have been so 7 limited. 8 3. To revoke, cancel or suspend for cause any license or permit issued 9 under this chapter and/or to impose a civil penalty for cause against 10 any holder of a license or permit issued pursuant to this chapter. Any 11 civil penalty so imposed shall not exceed the sum of ten thousand 12 dollars as against the holder of any retail permit issued pursuant to 13 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and 14 paragraph f of subdivision one of section ninety-nine-b of this chapter, 15 and as against the holder of any retail license issued pursuant to 16 sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty- 17 five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b, 18 sixty-four-c, seventy-six-f, seventy-nine, eighty-one and eighty-one-a 19 of this chapter, and the sum of thirty thousand dollars as against the 20 holder of a license issued pursuant to sections fifty-three, 21 sixty-one-a, sixty-one-b, seventy-six, seventy-six-a, and seventy-eight 22 of this chapter, provided that the civil penalty against the holder of a 23 wholesale license issued pursuant to section fifty-three of this chapter 24 shall not exceed the sum of ten thousand dollars where that licensee 25 violates provisions of this chapter during the course of the sale of 26 beer at retail to a person for consumption at home, and the sum of one 27 hundred thousand dollars as against the holder of any license issued 28 pursuant to sections fifty-one, sixty-one, and sixty-two of this chap- 29 ter. Any civil penalty so imposed shall be in addition to and separate 30 and apart from the terms and provisions of the bond required pursuant to 31 section one hundred twelve of this chapter. Provided that no appeal is 32 pending on the imposition of such civil penalty, in the event such civil 33 penalty imposed by the division remains unpaid, in whole or in part, 34 more than forty-five days after written demand for payment has been sent 35 by first class mail to the address of the licensed premises, a notice of 36 impending default judgment shall be sent by first class mail to the 37 licensed premises and by first class mail to the last known home address 38 of the person who signed the most recent license application. The notice 39 of impending default judgment shall advise the licensee: (a) that a 40 civil penalty was imposed on the licensee; (b) the date the penalty was 41 imposed; (c) the amount of the civil penalty; (d) the amount of the 42 civil penalty that remains unpaid as of the date of the notice; (e) the 43 violations for which the civil penalty was imposed; and (f) that a judg- 44 ment by default will be entered in the supreme court of the county in 45 which the licensed premises are located, or other court of civil juris- 46 diction or any other place provided for the entry of civil judgments 47 within the state of New York unless the division receives full payment 48 of all civil penalties due within twenty days of the date of the notice 49 of impending default judgment. If full payment shall not have been 50 received by the division within thirty days of mailing of the notice of 51 impending default judgment, the division shall proceed to enter with 52 such court a statement of the default judgment containing the amount of 53 the penalty or penalties remaining due and unpaid, along with proof of 54 mailing of the notice of impending default judgment. The filing of such 55 judgment shall have the full force and effect of a default judgment duly 56 docketed with such court pursuant to the civil practice law and rulesS. 7642 6 1 and shall in all respects be governed by that chapter and may be 2 enforced in the same manner and with the same effect as that provided by 3 law in respect to execution issued against property upon judgments of a 4 court of record. A judgment entered pursuant to this subdivision shall 5 remain in full force and effect for eight years notwithstanding any 6 other provision of law. 7 4. To fix by rule the standards of manufacture and fermentation in 8 order to insure the use of proper ingredients and methods in the manu- 9 facture of alcoholic beverages to be sold or consumed in [the state] its 10 jurisdiction. 11 5. To hold hearings, subpoena witnesses, compel their attendance, 12 administer oaths, to examine any person under oath and in connection 13 therewith to require the production of any books or papers relative to 14 the inquiry. A subpoena issued under this section shall be regulated by 15 the civil practice law and rules. 16 6. To prohibit, at any time of public emergency, without previous 17 notice or advertisement, the sale of any or all alcoholic beverages for 18 and during the period of such emergency. 19 7. To delegate the powers provided in this section to the chairman, or 20 to such other officers or employees as may be designated by the [chair-21man] advisory board. 22 8. To appoint such advisory groups and committees as it deems neces- 23 sary to provide assistance to the authority to carry out the purposes 24 and objectives of this chapter. 25 9. Upon receipt of a resolution adopted by a board of supervisors or a 26 county legislative body requesting further restriction of hours of sale 27 of alcoholic beverages within such county, and upon notice and hearing 28 within such county, to approve or disapprove such hours within such 29 county. 30 § 11. Section 17 of the alcoholic beverage control law, as amended by 31 chapter 83 of the laws of 1995, subdivision 3 as amended by section 4 of 32 chapter 297 of the laws of 2016, subdivision 8-a as added by chapter 383 33 of the laws of 1998, subdivision 8-b as added by chapter 396 of the laws 34 of 2010, subdivision 12 as amended by chapter 549 of the laws of 2001, 35 the closing paragraph of subdivision 12 as amended by chapter 435 of the 36 laws of 2010, subdivision 13 as added by chapter 403 of the laws of 37 1999, paragraphs (f) and (g) as amended and paragraph (h) of subdivision 38 13 as added by chapter 210 of the laws of 2005, and subdivision 14 as 39 added by section 1 of part WW of chapter 56 of the laws of 2009, is 40 amended to read as follows: 41 § 17. Powers of the authority. [The] Each regional office of the 42 authority shall have the following functions, powers and duties within 43 the counties in which it has jurisdiction: 1. To issue or refuse to 44 issue any license or permit provided for in this chapter. 45 2. To limit in its discretion the number of licenses of each class to 46 be issued within [the state or any political subdivision thereof] its 47 jurisdiction, and in connection therewith to prohibit the acceptance of 48 applications for such class or classes of licenses which have been so 49 limited. 50 3. To revoke, cancel or suspend for cause any license or permit issued 51 under this chapter and/or to impose a civil penalty for cause against 52 any holder of a license or permit issued pursuant to this chapter. Any 53 civil penalty so imposed shall not exceed the sum of ten thousand 54 dollars as against the holder of any retail permit issued pursuant to 55 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and 56 paragraph f of subdivision one of section ninety-nine-b of this chapter,S. 7642 7 1 and as against the holder of any retail license issued pursuant to 2 sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty- 3 five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b, 4 sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and eighty-one-a 5 of this chapter, and the sum of thirty thousand dollars as against the 6 holder of a license issued pursuant to sections fifty-three, 7 sixty-one-a, sixty-one-b, seventy-six, seventy-six-a and seventy-eight 8 of this chapter, provided that the civil penalty against the holder of a 9 wholesale license issued pursuant to section fifty-three of this chapter 10 shall not exceed the sum of ten thousand dollars where that licensee 11 violates provisions of this chapter during the course of the sale of 12 beer at retail to a person for consumption at home, and the sum of one 13 hundred thousand dollars as against the holder of any license issued 14 pursuant to sections fifty-one, sixty-one and sixty-two of this chapter. 15 Any civil penalty so imposed shall be in addition to and separate and 16 apart from the terms and provisions of the bond required pursuant to 17 section one hundred twelve of this chapter. Provided that no appeal is 18 pending on the imposition of such civil penalty, in the event such civil 19 penalty imposed by the division remains unpaid, in whole or in part, 20 more than forty-five days after written demand for payment has been sent 21 by first class mail to the address of the licensed premises, a notice of 22 impending default judgment shall be sent by first class mail to the 23 licensed premises and by first class mail to the last known home address 24 of the person who signed the most recent license application. The notice 25 of impending default judgment shall advise the licensee: (a) that a 26 civil penalty was imposed on the licensee; (b) the date the penalty was 27 imposed; (c) the amount of the civil penalty; (d) the amount of the 28 civil penalty that remains unpaid as of the date of the notice; (e) the 29 violations for which the civil penalty was imposed; and (f) that a judg- 30 ment by default will be entered in the supreme court of the county in 31 which the licensed premises are located, or other court of civil juris- 32 diction, or any other place provided for the entry of civil judgments 33 within the state of New York unless the division receives full payment 34 of all civil penalties due within twenty days of the date of the notice 35 of impending default judgment. If full payment shall not have been 36 received by the division within thirty days of mailing of the notice of 37 impending default judgment, the division shall proceed to enter with 38 such court a statement of the default judgment containing the amount of 39 the penalty or penalties remaining due and unpaid, along with proof of 40 mailing of the notice of impending default judgment. The filing of such 41 judgment shall have the full force and effect of a default judgment duly 42 docketed with such court pursuant to the civil practice law and rules 43 and shall in all respects be governed by that chapter and may be 44 enforced in the same manner and with the same effect as that provided by 45 law in respect to execution issued against property upon judgments of a 46 court of record. A judgment entered pursuant to this subdivision shall 47 remain in full force and effect for eight years notwithstanding any 48 other provision of law. 49 4. To remove any employee of the authority for cause, after giving 50 such employee a copy of the charges against him or her in writing, and 51 an opportunity to be heard thereon. Any action taken under this subdivi- 52 sion shall be subject to and in accordance with the civil service law. 53 5. To fix by rule the standards of manufacture and fermentation in 54 order to insure the use of proper ingredients and methods in the manu- 55 facture of alcoholic beverages to be sold or consumed in [the state] its 56 jurisdiction.S. 7642 8 1 6. To hold hearings, subpoena witnesses, compel their attendance, 2 administer oaths, to examine any person under oath and in connection 3 therewith to require the production of any books or papers relative to 4 the inquiry. A subpoena issued under this section shall be regulated by 5 the civil practice law and rules. 6 7. To prohibit, at any time of public emergency, without previous 7 notice or advertisement, the sale of any or all alcoholic beverages for 8 and during the period of such emergency. 9 8. To make an annual report to the governor and the legislature of its 10 activities for the preceding year. 11 8-a. On and after January first, two thousand the report provided for 12 in subdivision eight of this section shall include an evaluation of the 13 effectiveness of the prohibition on the sale of alcohol to persons under 14 the age of twenty-one as provided in section sixty-five-b of this chap- 15 ter with particular emphasis on the provisions of subdivisions one, two, 16 three, four and five of section sixty-five-b, subdivision five of 17 section one hundred nineteen and subdivision six of section sixty-five 18 of this chapter, paragraph (b) of subdivision seven of section 170.55 of 19 the criminal procedure law and subdivision (f) of section 19.07 of the 20 mental hygiene law. 21 8-b. On and after January first, two thousand eleven, the report 22 provided for in subdivision eight of this section shall include informa- 23 tion related to the number of licenses applied for and the length of 24 time required for the approval or denial of such retail license applied 25 for pursuant to subdivision two-c of section sixty-one, section sixty- 26 four, section seventy-six, section seventy-six-a, section seventy-six-c, 27 section seventy-six-d, and section seventy-six-f of this chapter. 28 9. The powers provided in this section may be delegated [by the29authority to the chairman, or] to [such other] officers or employees as 30 may be designated by the [chairman] advisory board. 31 10. To appoint such advisory groups and committees as it deems neces- 32 sary to provide assistance to the authority to carry out the purposes 33 and objectives of this chapter. 34 11. Upon receipt of a resolution adopted by a board of supervisors or 35 a county legislative body requesting further restriction of hours of 36 sale of alcoholic beverages within such county, and upon notice and 37 hearing within such county, to approve or disapprove such hours within 38 such county. 39 12. To develop and establish minimum criteria for alcohol training 40 awareness programs which may be given and administered by schools; other 41 entities including trade associations whose members are engaged in or 42 involved in the retail sale of alcoholic beverages; national and 43 regional franchisors who have granted at least five franchises in the 44 state which are licensed to sell beer at retail for off-premises 45 consumption; licensees authorized to sell alcoholic beverages at retail 46 for off-premises consumption operating five or more licensed premises; 47 and persons interested, whether as an individual proprietor or partner 48 or officer or member of a limited liability company, in five or more 49 licensees authorized to sell alcoholic beverages at retail for off-prem- 50 ises consumption. The authority shall provide for the issuance of 51 certificates of approval to all certified alcohol training awareness 52 programs. Certificates of approval may be revoked by the authority for 53 failure to adhere to the authority's rules and regulations. Such rules 54 and regulations shall afford those who have been issued a certificate of 55 approval an opportunity for a hearing prior to any determination of 56 whether such certificate should be revoked.S. 7642 9 1 No licensee shall be required to apply for any such certificate or 2 renewal certificate and the licensee may voluntarily surrender such a 3 certificate or renewal certificate at any time. A fee in the amount of 4 nine hundred dollars shall be paid to the authority with each applica- 5 tion for a certificate of approval or renewal certificate. The authority 6 shall promptly refund such fee to an applicant whose application was 7 denied. Each certificate of approval and renewal thereof shall be issued 8 for a period of three years. To effectuate the provisions of this subdi- 9 vision, the authority is empowered to require in connection with an 10 application the submission of such information as the authority may 11 direct; to prescribe forms of applications and of all reports which it 12 deems necessary to be made by any applicant or certificate holder; to 13 conduct investigations; to require the maintenance of such books and 14 records as the authority may direct; to revoke, cancel, or suspend for 15 cause any certificate provided for in this subdivision. Each entity 16 authorized to give and administer an alcohol training awareness program 17 shall issue certificates of completion to all licensees and employees 18 who successfully complete such an approved alcohol training awareness 19 program. Such entity shall regularly transmit to the authority the 20 names, addresses and dates of attendance of all the licensees and 21 employees of licensees who successfully complete an approved alcohol 22 training awareness program. Such transmittal shall be in a form and 23 manner prescribed by the authority. The authority shall adopt rules and 24 regulations to effectuate the provisions of this subdivision, including 25 the minimum requirements for the curriculum of each such training 26 program and the regular ongoing training of employees holding certif- 27 icates of completion or renewal certificates. Such rules and regulations 28 shall include the minimum requirements for a separate curriculum for 29 licensees and their employees authorized to sell alcoholic beverages at 30 retail for off-premises consumption, minimum requirements for a separate 31 curriculum for licensees and their employees authorized to sell alcohol- 32 ic beverages at retail for on-premises consumption, and the form of a 33 certificate of completion or renewal thereof to be issued in respect to 34 each such type of program. A certificate of completion or renewal there- 35 of issued by an entity authorized to give and administer an alcohol 36 training awareness program pursuant to this subdivision to licensees and 37 their employees authorized to sell alcoholic beverages at retail for 38 off-premises consumption shall not be invalidated by a change of employ- 39 ment to another such licensee. A certificate of completion or renewal 40 thereof issued by an entity authorized to give and administer an alcohol 41 training awareness program pursuant to this subdivision to licensees and 42 their employees authorized to sell alcoholic beverages at retail for 43 on-premises consumption shall not be invalidated by a change of employ- 44 ment to another such licensee. Attendance at any course established 45 pursuant to this section shall be in person, through distance learning 46 methods, or through an internet based online program. 47 13. To study and report to the governor and the legislature bi-ennial- 48 ly on or before February first of each year concerning: 49 (a) recommendations to reduce the number and type of licenses, and to 50 establish a uniform, statewide schedule of fees, such recommendations to 51 include the development of a master application form for all licenses, 52 with specific exhibits required for specific licenses, as appropriate, 53 as well as recommendations on a non-refundable application fee set at a 54 level which will cover the cost of the review and which would be applied 55 against the first year license fee if the application is granted; 56 (b) recommendations to simplify license renewal procedures;S. 7642 10 1 (c) recommendations to streamline the processing of applications and 2 to eliminate duplication of reviews, such recommendations to include 3 uniform standards for application review and decision which shall seek 4 to assure that the review is as objective as possible and to narrow the 5 discretion of the authority or of any reviewer employed by the authori- 6 ty; 7 (d) the extent to which quality of life issues, such as noise level, 8 vehicular traffic and parking are considered in licensing decisions, 9 particularly as such issues pertain to proceedings pursuant to subdivi- 10 sion seven of section sixty-four of this chapter; 11 (e) recommendations to improve enforcement methodologies in order to 12 protect the health and safety of residents of communities experiencing 13 persistent problems in the operation of retail establishments; 14 (f) recommendations concerning the addition of field enforcement 15 personnel and the ratios of such field enforcement personnel to the 16 total numbers of licensees that in the view of the authority would be 17 appropriate to insure compliance with the law. Such study shall provide 18 a detailed analysis of the costs and projected revenues to be obtained 19 from the addition of such field enforcement personnel; 20 (g) such other observations and recommendations concerning the activ- 21 ities of the authority as will improve its effectiveness and efficiency 22 including the utilization of on-line services to provide information on 23 a fee-for-service basis; and 24 (h) provide information concerning the name, total quantity and total 25 price of wine purchased from New York state and out-of-state wineries 26 and farm wineries, and such other information on and recommendations 27 concerning interstate wine shipment. 28 14. For state fiscal year two thousand nine--two thousand ten, the 29 authority shall, within amounts appropriated therefore, improve and 30 update their information technology in order to meet federal security 31 requirements and to assist in the processing of license and/or permit 32 applications and renewals. 33 § 12. Section 18 of the alcoholic beverage control law, as amended by 34 chapter 118 of the laws of 2012, is amended to read as follows: 35 § 18. Powers and duties of the [chairman] advisory boards. [The chair-36man] Each advisory board of a regional office shall have the following 37 functions, powers and duties: 38 1. To exercise the powers and perform the duties in relation to the 39 administration of [the division of alcoholic beverage control as are not40specifically vested by this chapter in the state liquor authority] its 41 regional office, including but not limited to budgetary and fiscal 42 matters. 43 2. To preside at all meetings of [the authority] its regional office 44 and perform the administrative functions of [the authority] such office. 45 3. To appoint any necessary deputies, counsels, assistants, investi- 46 gators, and other employees within the limits provided by appropriation. 47 4. To remove any employee of the [authority] regional office for 48 cause, after giving such employee a copy of the charges against him or 49 her in writing, and an opportunity to be heard thereon. Any action taken 50 under this subdivision shall be subject to and in accordance with the 51 civil service law. 52 5. To keep records in such form as [he or she] it may prescribe of all 53 licenses and permits issued and revoked within [the state] its jurisdic- 54 tion; such records shall be so kept as to provide ready information as 55 to the identity of all licensees including the names of the officers and 56 directors of corporate licensees and the location of all licensed prem-S. 7642 11 1 ises. [The chairman] Each advisory board may, with the approval of the 2 commissioner of taxation and finance, contract to furnish copies of the 3 records of licenses and permits of each class and type issued within 4 [the state or any political subdivision thereof] its jurisdiction, for 5 any license or permit year or term of years not exceeding five years. 6 6. To inspect or provide for the inspection of any premises where 7 alcoholic beverages are manufactured or sold. 8 7. To prescribe forms of applications for licenses and permits under 9 this chapter and of all reports deemed necessary [by the authority]. 10 8. To delegate to the officers and employees of [the authority] its 11 regional office such [of his or her] powers and duties as [he or she] it 12 may determine. 13 9. To establish appropriate procedures to insure that hearing officers 14 are shielded from ex parte communications with alleged violators and 15 their attorneys and from other employees of the [authority] regional 16 office and shall take such other steps as it shall deem necessary and 17 proper to shield its judicial processes from unwarranted and inappropri- 18 ate communications and attempts to influence. 19 10. To develop and establish minimum criteria for alcohol training 20 awareness programs which may be given and administered by schools; other 21 entities including trade associations whose members are engaged in or 22 involved in the retail sale of alcoholic beverages; national and 23 regional franchisors who have granted at least five franchises in the 24 state which are licensed to sell beer at retail for off-premises 25 consumption; licensees authorized to sell alcoholic beverages at retail 26 for off-premises consumption operating five or more licensed premises; 27 and persons interested, whether as an individual proprietor or partner 28 or officer or member of a limited liability company, in five or more 29 licensees authorized to sell alcoholic beverages at retail for off-prem- 30 ises consumption. The [authority] regional office with jurisdiction 31 shall provide for the issuance of certificates of approval to all certi- 32 fied alcohol training awareness programs. Certificates of approval may 33 be revoked by the [authority] regional office with jurisdiction for 34 failure to adhere to the [authority's] regional office's rules and regu- 35 lations. Such rules and regulations shall afford those who have been 36 issued a certificate of approval an opportunity for a hearing prior to 37 any determination of whether such certificate should be revoked. 38 No licensee shall be required to apply for any such certificate or 39 renewal certificate and the licensee may voluntarily surrender such a 40 certificate or renewal certificate at any time. A fee in the amount of 41 nine hundred dollars shall be paid to the [authority] regional office 42 with each application for a certificate of approval or renewal certif- 43 icate. The [authority] appropriate regional office shall promptly refund 44 such fee to an applicant whose application was denied. Each certificate 45 of approval and renewal thereof shall be issued for a period of three 46 years. To effectuate the provisions of this subdivision, [the authority] 47 each regional office is empowered to require in connection with an 48 application the submission of such information as the [authority] 49 regional office may direct; to prescribe forms of applications and of 50 all reports which it deems necessary to be made by any applicant or 51 certificate holder; to conduct investigations; to require the mainte- 52 nance of such books and records as the [authority] regional office may 53 direct; to revoke, cancel, or suspend for cause any certificate provided 54 for in this subdivision. Each entity authorized to give and administer 55 an alcohol training awareness program shall issue certificates of 56 completion to all licensees and employees who successfully complete suchS. 7642 12 1 an approved alcohol training awareness program. Such entity shall regu- 2 larly transmit to the [authority] appropriate regional office the names, 3 addresses and dates of attendance of all the licensees and employees of 4 licensees who successfully complete an approved alcohol training aware- 5 ness program. Such transmittal shall be in a form and manner prescribed 6 by [the authority] such regional office. [The authority] Each regional 7 office shall adopt rules and regulations to effectuate the provisions of 8 this subdivision, including the minimum requirements for the curriculum 9 of each such training program and the regular ongoing training of 10 employees holding certificates of completion or renewal certificates. 11 Such rules and regulations shall include the minimum requirements for a 12 separate curriculum for licensees and their employees authorized to sell 13 alcoholic beverages at retail for off-premises consumption, minimum 14 requirements for a separate curriculum for licensees and their employees 15 authorized to sell alcoholic beverages at retail for on-premises 16 consumption, and the form of a certificate of completion or renewal 17 thereof to be issued in respect to each such type of program. A certif- 18 icate of completion or renewal thereof issued by an entity authorized to 19 give and administer an alcohol training awareness program pursuant to 20 this subdivision to licensees and their employees authorized to sell 21 alcoholic beverages at retail for off-premises consumption shall not be 22 invalidated by a change of employment to another such licensee. A 23 certificate of completion or renewal thereof issued by an entity author- 24 ized to give and administer an alcohol training awareness program pursu- 25 ant to this subdivision to licensees and their employees authorized to 26 sell alcoholic beverages at retail for on-premises consumption shall not 27 be invalidated by a change of employment to another such licensee. 28 Attendance at any course established pursuant to this section shall be 29 in person, through distance learning methods, or through an internet 30 based online program. 31 11. To make an annual report to the governor and the legislature of 32 its activities for the preceding year. 33 12. On and after January first, two thousand twelve, the report 34 provided for in subdivision eleven of this section shall include an 35 evaluation of the effectiveness of the prohibition on the sale of alco- 36 hol to persons under the age of twenty-one as provided in section 37 sixty-five-b of this chapter with particular emphasis on the provisions 38 of subdivisions one, two, three, four and five of section sixty-five-b, 39 subdivision five of section one hundred nineteen and subdivision six of 40 section sixty-five of this chapter, paragraph (b) of subdivision seven 41 of section 170.55 of the criminal procedure law and subdivision (f) of 42 section 19.07 of the mental hygiene law. 43 13. On and after January first, two thousand twelve, the report 44 provided for in subdivision eleven of this section shall include infor- 45 mation related to the number of licenses applied for and the length of 46 time required for the approval or denial of such retail license applied 47 for pursuant to subdivision two-c of section sixty-one, section sixty- 48 four, section seventy-six, section seventy-six-a, section seventy-six-c, 49 and section seventy-six-d of this chapter. 50 14. To study and report to the governor and the legislature biennially 51 on or before February first of each year concerning: 52 (a) recommendations to reduce the number and type of licenses, and to 53 establish a uniform, statewide schedule of fees, such recommendations to 54 include the development of a master application form for all licenses, 55 with specific exhibits required for specific licenses, as appropriate, 56 as well as recommendations on a non-refundable application fee set at aS. 7642 13 1 level which will cover the cost of the review and which would be applied 2 against the first year license fee if the application is granted; 3 (b) recommendations to simplify license renewal procedures; 4 (c) recommendations to streamline the processing of applications and 5 to eliminate duplication of reviews, such recommendations to include 6 uniform standards for application review and decision which shall seek 7 to assure that the review is as objective as possible and to narrow the 8 discretion of [the authority] each office or of any reviewer employed by 9 [the authority] each office; 10 (d) the extent to which quality of life issues, such as noise level, 11 vehicular traffic and parking are considered in licensing decisions, 12 particularly as such issues pertain to proceedings pursuant to subdivi- 13 sion seven of section sixty-four of this chapter; 14 (e) recommendations to improve enforcement methodologies in order to 15 protect the health and safety of residents of communities experiencing 16 persistent problems in the operation of retail establishments; 17 (f) recommendations concerning the addition of field enforcement 18 personnel and the ratios of such field enforcement personnel to the 19 total numbers of licensees that in the view of the [authority] regional 20 office would be appropriate to insure compliance with the law. Such 21 study shall provide a detailed analysis of the costs and projected 22 revenues to be obtained from the addition of such field enforcement 23 personnel; 24 (g) such other observations and recommendations concerning the activ- 25 ities of [the authority] each regional office as will improve its effec- 26 tiveness and efficiency including the utilization of on-line services to 27 provide information on a fee-for-service basis; and 28 (h) provide information concerning the name, total quantity and total 29 price of wine purchased from New York state and out-of-state wineries 30 and farm wineries, and such other information on and recommendations 31 concerning interstate wine shipment. 32 15. For state fiscal year two thousand twelve--two thousand thirteen, 33 [the authority] each regional office shall, within amounts appropriated 34 therefor, improve and update their information technology in order to 35 meet federal security requirements and to assist in the processing of 36 license and/or permit applications and renewals. 37 § 13. Section 18 of the alcoholic beverage control law, as added by 38 chapter 83 of the laws of 1995, is amended to read as follows: 39 § 18. Powers and duties of the [chairman] advisory boards. [The chair-40man] Each advisory board of a regional office shall have the following 41 functions, powers and duties: 42 1. To exercise the powers and perform the duties in relation to the 43 administration of [the division of alcoholic beverage control as are not44specifically vested by this chapter in the state liquor authority] its 45 regional office. 46 2. To preside at all meetings of the [authority] regional office and 47 perform the administrative functions of [the authority] such regional 48 office. 49 3. To keep records in such form as [he] it may prescribe of all 50 licenses and permits issued and revoked within [the state] its jurisdic- 51 tion; such records shall be so kept as to provide ready information as 52 to the identity of all licensees including the names of the officers and 53 directors of corporate licensees and the location of all licensed prem- 54 ises. [The chairman] Each advisory board may, with the approval of the 55 commissioner of taxation and finance, contract to furnish copies of the 56 records of licenses and permits of each class and type issued withinS. 7642 14 1 [the state or any political subdivision thereof] its jurisdiction, for 2 any license or permit year or term of years not exceeding five years. 3 4. To inspect or provide for the inspection of any premises where 4 alcoholic beverages are manufactured or sold. 5 5. To prescribe forms of applications for licenses and permits under 6 this chapter and of all reports deemed necessary [by the authority]. 7 6. To delegate to the officers and employees of [the division] its 8 regional office such [of his] powers and duties as [he] it may deter- 9 mine. 10 § 14. Section 19 of the alcoholic beverage control law, as amended by 11 chapter 460 of the laws of 1971 and as renumbered by chapter 83 of the 12 laws of 1995, is amended to read as follows: 13 § 19. Oath of office. Each member of an advisory board of a regional 14 office of the authority shall, before entering upon his or her duties, 15 take and file an oath of office as prescribed by section ten of the 16 public officers law. 17 § 15. Paragraphs (b) and (d) of subdivision 11 and paragraphs (b) and 18 (d) of subdivision 12 of section 51-a of the alcoholic beverage control 19 law, as added by chapter 108 of the laws of 2012, are amended to read as 20 follows: 21 (b) In the event that the commissioner of agriculture and markets, 22 after investigating and compiling information pursuant to subdivision 23 forty-two of section sixteen of the agriculture and markets law, deter- 24 mines that a natural disaster, act of God, or continued adverse weather 25 condition has destroyed much of the necessary ingredients for brewing 26 beer, such commissioner, in consultation with the [chairman] advisory 27 board of the authority with jurisdiction, may give authorization to a 28 duly licensed farm brewery to manufacture or sell beer produced from 29 ingredients grown or produced outside this state. No such authorization 30 shall be granted to a farm brewery licensee unless such licensee certi- 31 fies to such commissioner the quantity of New York grown ingredients 32 unavailable to such licensee due to such natural disaster, act of God or 33 continuing adverse weather condition and satisfies such commissioner 34 that reasonable efforts were made to obtain brewing ingredients from a 35 New York state source for such beer making purpose. No farm brewery 36 shall utilize an amount of out-of-state grown or produced ingredients 37 exceeding the amount of New York grown ingredients that such brewery is 38 unable to obtain due to the destruction of New York grown or produced 39 ingredients by a natural disaster, act of God or continuing adverse 40 weather condition as determined by the commissioner of agriculture and 41 markets pursuant to this subdivision. For purposes of this subdivision, 42 the department of agriculture and markets and the authority are author- 43 ized to adopt rules and regulations as they may deem necessary to carry 44 out the provisions of this subdivision which shall include ensuring that 45 in manufacturing beer farm breweries utilize ingredients grown or 46 produced in New York state to the extent they are reasonably available, 47 prior to utilizing ingredients from an out-of-state source for such 48 purpose. 49 (d) In the event that the continuing effects of a natural disaster, 50 act of God, or adverse weather condition which occurred prior to August 51 twentieth of each year or the effects of a natural disaster, act of God, 52 or adverse weather condition which occurs subsequent to August twentieth 53 each year results in any ingredient loss which meets the standards 54 provided in paragraph (b) of this subdivision, the commissioner of agri- 55 culture and markets, in consultation with the [chairman] advisory board 56 of the authority with jurisdiction, may issue additional ingredient lossS. 7642 15 1 determinations and shall expeditiously make available to farm breweries 2 and to the public each specific ingredient loss determination issued 3 pursuant to this paragraph prior to October tenth of each year. 4 (b) In the event that the commissioner of agriculture and markets, 5 after investigating and compiling information pursuant to subdivision 6 forty-two of section sixteen of the agriculture and markets law, deter- 7 mines that a natural disaster, act of God, or continued adverse weather 8 condition has destroyed much of the apple crop necessary for producing 9 cider, such commissioner, in consultation with the [chairman] advisory 10 board of the authority with jurisdiction, may give authorization to a 11 duly licensed farm brewery to manufacture or sell cider produced from 12 apples grown outside this state. No such authorization shall be granted 13 to a farm brewery licensee unless such licensee certifies to such 14 commissioner the quantity of New York grown apples unavailable to such 15 licensee due to such natural disaster, act of God or continuing adverse 16 weather condition and satisfies such commissioner that reasonable 17 efforts were made to obtain apples from a New York state source for such 18 cider making purpose. No farm brewery shall utilize an amount of out-of- 19 state grown apples exceeding the amount of New York grown apples that 20 such brewery is unable to obtain due to the destruction of New York 21 grown apples by a natural disaster, act of God or continuing adverse 22 weather condition as determined by the commissioner of agriculture and 23 markets pursuant to this subdivision. For purposes of this subdivision, 24 the department of agriculture and markets and the authority are author- 25 ized to adopt rules and regulations as they may deem necessary to carry 26 out the provisions of this subdivision which shall include ensuring that 27 in manufacturing cider farm breweries utilize apples grown in New York 28 state to the extent they are reasonably available, prior to utilizing 29 apples from an out-of-state source for such purpose. 30 (d) In the event that the continuing effects of a natural disaster, 31 act of God, or adverse weather condition which occurred prior to August 32 twentieth of each year or the effects of a natural disaster, act of God, 33 or adverse weather condition which occurs subsequent to August twentieth 34 of each year results in any apple crop loss which meets the standards 35 provided in paragraph (b) of this subdivision, the commissioner of agri- 36 culture and markets, in consultation with the [chairman] advisory board 37 of the authority with jurisdiction, may issue additional apple crop loss 38 determinations and shall expeditiously make available to farm breweries 39 and to the public the loss determination issued pursuant to this para- 40 graph prior to October tenth of each year. 41 § 16. Paragraphs (b) and (d) of subdivision 11 of section 58-c of the 42 alcoholic beverage control law, as added by chapter 384 of the laws of 43 2013, are amended to read as follows: 44 (b) In the event that the commissioner of agriculture and markets, 45 after investigating and compiling information pursuant to subdivision 46 forty-two of section sixteen of the agriculture and markets law, deter- 47 mines that a natural disaster, act of God, or continued adverse weather 48 condition has destroyed much of the apple crop necessary for producing 49 cider, such commissioner, in consultation with the [chairman] advisory 50 board of the authority with jurisdiction, may give authorization to a 51 duly licensed farm cidery to manufacture or sell cider produced from 52 apples grown outside this state. No such authorization shall be granted 53 to a farm cidery licensee unless such licensee certifies to such commis- 54 sioner the quantity of New York grown apples unavailable to such licen- 55 see due to such natural disaster, act of God or continuing adverse 56 weather condition and satisfies such commissioner that reasonableS. 7642 16 1 efforts were made to obtain apples from a New York state source for such 2 cider making purpose. No farm cidery shall utilize an amount of out-of- 3 state grown apples exceeding the amount of New York grown apples that 4 such cidery is unable to obtain due to the destruction of New York grown 5 apples by a natural disaster, act of God or continuing adverse weather 6 condition as determined by the commissioner of agriculture and markets 7 pursuant to this subdivision. For purposes of this subdivision, the 8 department of agriculture and markets and the authority are authorized 9 to adopt rules and regulations as they may deem necessary to carry out 10 the provisions of this subdivision which shall include ensuring that in 11 manufacturing cider farm cideries utilize apples grown in New York state 12 to the extent they are reasonably available, prior to utilizing apples 13 from an out-of-state source for such purpose. 14 (d) In the event that the continuing effects of a natural disaster, 15 act of God, or adverse weather condition which occurred prior to August 16 twentieth of each year or the effects of a natural disaster, act of God, 17 or adverse weather condition which occurs subsequent to August twentieth 18 of each year results in any apple crop loss which meets the standards 19 provided in paragraph (b) of this subdivision, the commissioner of agri- 20 culture and markets, in consultation with the [chairman] advisory board 21 of the authority with jurisdiction, may issue additional apple crop loss 22 determinations and shall expeditiously make available to farm cideries 23 and to the public the loss determination issued pursuant to this para- 24 graph prior to October tenth of each year. 25 § 17. Paragraph (f) of subdivision 7 of section 64 of the alcoholic 26 beverage control law, as amended by chapter 185 of the laws of 2012, is 27 amended to read as follows: 28 (f) Notwithstanding the provisions of paragraph (b) of this subdivi- 29 sion, the authority may issue a license pursuant to this section for a 30 premises which shall be within five hundred feet of three or more exist- 31 ing premises licensed and operating pursuant to this section and 32 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d 33 of this article if, after consultation with the municipality or communi- 34 ty board, it determines that granting such license would be in the 35 public interest. Before it may issue any such license, the authority 36 shall conduct a hearing, upon notice to the applicant and the munici- 37 pality or community board, and shall state and file in its office its 38 reasons therefor. The hearing may be rescheduled, adjourned or contin- 39 ued, and the authority shall give notice to the applicant and the muni- 40 cipality or community board of any such rescheduled, adjourned or 41 continued hearing. Before the authority issues any said license, the 42 authority or one or more of the [commissioners] members of the advisory 43 board with jurisdiction thereof may, in addition to the hearing required 44 by this paragraph, also conduct a public meeting regarding said license, 45 upon notice to the applicant and the municipality or community board. 46 The public meeting may be rescheduled, adjourned or continued, and the 47 authority shall give notice to the applicant and the municipality or 48 community board of any such rescheduled, adjourned or continued public 49 meeting. Notice to the municipality or community board shall mean writ- 50 ten notice mailed by the authority to such municipality or community 51 board at least fifteen days in advance of any hearing scheduled pursuant 52 to this paragraph. Upon the request of the authority, any municipality 53 or community board may waive the fifteen day notice requirement. No 54 premises having been granted a license pursuant to this section shall be 55 denied a renewal of such license upon the grounds that such premises are 56 within five hundred feet of a building or buildings wherein three orS. 7642 17 1 more premises are licensed and operating pursuant to this section and 2 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d 3 of this article. 4 § 18. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic 5 beverage control law, as amended by chapter 185 of the laws of 2012, is 6 amended to read as follows: 7 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph 8 (a) of this subdivision, the authority may issue a license pursuant to 9 this section for a premises which shall be within five hundred feet of 10 three or more existing premises licensed and operating pursuant to this 11 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or 12 sixty-four-d of this article if, after consultation with the munici- 13 pality or community board, it determines that granting such license 14 would be in the public interest. Before it may issue any such license, 15 the authority shall conduct a hearing, upon notice to the applicant and 16 the municipality or community board, and shall state and file in its 17 office its reasons therefor. Notice to the municipality or community 18 board shall mean written notice mailed by the authority to such munici- 19 pality or community board at least fifteen days in advance of any hear- 20 ing scheduled pursuant to this paragraph. Upon the request of the 21 authority, any municipality or community board may waive the fifteen day 22 notice requirement. The hearing may be rescheduled, adjourned or contin- 23 ued, and the authority shall give notice to the applicant and the muni- 24 cipality or community board of any such rescheduled, adjourned or 25 continued hearing. Before the authority issues any said license, the 26 authority or one or more of the [commissioners] members of the advisory 27 board with jurisdiction thereof may, in addition to the hearing required 28 by this paragraph, also conduct a public meeting regarding said license, 29 upon notice to the applicant and the municipality or community board. 30 The public meeting may be rescheduled, adjourned or continued, and the 31 authority shall give notice to the applicant and the municipality or 32 community board of any such rescheduled, adjourned or continued public 33 meeting. No premises having been granted a license pursuant to this 34 section shall be denied a renewal of such license upon the grounds that 35 such premises are within five hundred feet of a building or buildings 36 wherein three or more premises are licensed and operating pursuant to 37 this section and sections sixty-four, sixty-four-b, sixty-four-c, and/or 38 sixty-four-d of this article. 39 § 19. Paragraph (c) of subdivision 5 of section 64-b of the alcoholic 40 beverage control law, as amended by chapter 185 of the laws of 2012, is 41 amended to read as follows: 42 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 43 (a) of this subdivision, the authority may issue a license pursuant to 44 this section for a premises which shall be within five hundred feet of 45 three or more existing premises licensed and operating pursuant to this 46 section and sections sixty-four, sixty-four-a, sixty-four-c, and/or 47 sixty-four-d of this article if, after consultation with the munici- 48 pality or community board, it determines that granting such license 49 would be in the public interest. Before it may issue any such license, 50 the authority shall conduct a hearing, upon notice to the applicant and 51 the municipality or community board, and shall state and file in its 52 office its reasons therefor. The hearing may be rescheduled, adjourned 53 or continued, and the authority shall give notice to the applicant and 54 the municipality or community board of any such rescheduled, adjourned 55 or continued hearing. Before the authority issues any said license, the 56 authority or one or more of the [commissioners] members of the advisoryS. 7642 18 1 board with jurisdiction thereof may, in addition to the hearing required 2 by this paragraph, also conduct a public meeting regarding said license, 3 upon notice to the applicant and the municipality or community board. 4 The public meeting may be rescheduled, adjourned or continued, and the 5 authority shall give notice to the applicant and the municipality or 6 community board of any such rescheduled, adjourned or continued public 7 meeting. Notice to the municipality or community board shall mean writ- 8 ten notice mailed by the authority to such municipality or community 9 board at least fifteen days in advance of any hearing scheduled pursuant 10 to this paragraph. Upon the request of the authority, any municipality 11 or community board may waive the fifteen day notice requirement. No 12 premises having been granted a license pursuant to this section shall be 13 denied a renewal of such license upon the grounds that such premises are 14 within five hundred feet of a building or buildings wherein three or 15 more premises are licensed and operating pursuant to this section and 16 sections sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d of 17 this article. 18 § 20. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic 19 beverage control law, as amended by chapter 185 of the laws of 2012, is 20 amended to read as follows: 21 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 22 (a) of this subdivision, the authority may issue a license pursuant to 23 this section for a premises which shall be within five hundred feet of 24 three or more existing premises licensed and operating pursuant to this 25 section and sections sixty-four, sixty-four-a, sixty-four-b and/or 26 sixty-four-d of this article if, after consultation with the munici- 27 pality or community board, it determines that granting such license 28 would be in the public interest. Before it may issue any such license, 29 the authority shall conduct a hearing, upon notice to the applicant and 30 the municipality or community board, and shall state and file in its 31 office its reasons therefor. The hearing may be rescheduled, adjourned 32 or continued, and the authority shall give notice to the applicant and 33 the municipality or community board of any such rescheduled, adjourned 34 or continued hearing. Before the authority issues any said license, the 35 authority or one or more of the [commissioners] members of the advisory 36 board with jurisdiction thereof may, in addition to the hearing required 37 by this paragraph, also conduct a public meeting regarding said license, 38 upon notice to the applicant and the municipality or community board. 39 The public meeting may be rescheduled, adjourned or continued, and the 40 authority shall give notice to the applicant and the municipality or 41 community board of any such rescheduled, adjourned or continued public 42 meeting. Notice to the municipality or community board shall mean writ- 43 ten notice mailed by the authority to such municipality or community 44 board at least fifteen days in advance of any hearing scheduled pursuant 45 to this paragraph. Upon the request of the authority, any municipality 46 or community board may waive the fifteen day notice requirement. No 47 premises having been granted a license pursuant to this section shall be 48 denied a renewal of such license upon the grounds that such premises are 49 within five hundred feet of a building or buildings wherein three or 50 more premises are operating and licensed pursuant to this section or 51 sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of 52 this article. 53 § 21. Paragraph (e) of subdivision 8 of section 64-d of the alcoholic 54 beverage control law, as amended by chapter 185 of the laws of 2012, is 55 amended to read as follows:S. 7642 19 1 (e) notwithstanding the provisions of paragraph (b) of this subdivi- 2 sion, the authority may issue a license pursuant to this section for a 3 premises which shall be within five hundred feet of an existing premises 4 licensed and operating pursuant to the provisions of this section or 5 within five hundred feet of three or more existing premises licensed and 6 operating pursuant to this section and sections sixty-four, 7 sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if, 8 after consultation with the municipality or community board, it deter- 9 mines that granting such license would be in the public interest. 10 Before it may issue any such license, the authority shall conduct a 11 hearing, upon notice to the applicant and the municipality or community 12 board, and shall state and file in its office its reasons therefor. The 13 hearing may be rescheduled, adjourned or continued, and the authority 14 shall give notice to the applicant and the municipality or community 15 board of any such rescheduled, adjourned or continued hearing. Before 16 the authority issues any said license, the authority or one or more of 17 the [commissioners] members of the advisory board with jurisdiction 18 thereof may, in addition to the hearing required by this paragraph, also 19 conduct a public meeting regarding said license, upon notice to the 20 applicant and the municipality or community board. The public meeting 21 may be rescheduled, adjourned or continued, and the authority shall give 22 notice to the applicant and the municipality or community board of any 23 such rescheduled, adjourned or continued public meeting. Notice to the 24 municipality or community board shall mean written notice mailed by the 25 authority to such municipality or community board at least fifteen days 26 in advance of any hearing scheduled pursuant to this paragraph. Upon the 27 request of the authority, any municipality or community board may waive 28 the fifteen day notice requirement. No premises having been granted a 29 license pursuant to this section shall be denied a renewal of such 30 license upon the grounds that such premises are within five hundred feet 31 of an existing premises licensed and operating pursuant to the 32 provisions of this section or within five hundred feet of a building or 33 buildings wherein three or more premises are licensed and operating 34 pursuant to this section and sections sixty-four, sixty-four-a, sixty- 35 four-b, and/or sixty-four-c of this article. 36 § 22. Paragraphs (b) and (d) of subdivision 5 of section 76-a of the 37 alcoholic beverage control law, paragraph (b) as amended and paragraph 38 (d) as added by chapter 227 of the laws of 2006, are amended to read as 39 follows: 40 (b) In the event that the commissioner of agriculture and markets, 41 after investigating and compiling information pursuant to subdivision 42 forty-two of section sixteen of the agriculture and markets law, deter- 43 mines that a natural disaster, act of God, or continued adverse weather 44 condition has destroyed no less than forty percent of a specific grape 45 varietal grown or produced in New York state and used for winemaking, 46 the commissioner, in consultation with the [chairman] advisory board of 47 the state liquor authority with jurisdiction, may give authorization to 48 a duly licensed farm winery to manufacture or sell wine produced from 49 grapes grown outside this state. No such authorization shall be granted 50 to a farm winery licensee unless such licensee certifies to the commis- 51 sioner the quantity of New York grown grapes unavailable to such licen- 52 see due to such natural disaster, act of God or continuing adverse 53 weather condition and satisfies the commissioner that reasonable efforts 54 were made to obtain grapes from a New York state source for such wine 55 making purpose. No farm winery shall utilize an amount of out-of-state 56 grown grapes or juice exceeding the amount of New York grown grapes thatS. 7642 20 1 such winery is unable to obtain due to the destruction of New York grown 2 grapes by a natural disaster, act of God or continuing adverse weather 3 condition as determined by the commissioner of agriculture and markets 4 pursuant to this subdivision. For purposes of this subdivision, the 5 department of agriculture and markets and the state liquor authority are 6 authorized to adopt rules and regulations as they may deem necessary to 7 carry out the provisions of this subdivision which shall include ensur- 8 ing that in manufacturing wine farm wineries utilize grapes grown or 9 produced in New York state to the extent they are reasonably available, 10 prior to utilizing grapes or juice from an out-of-state source for such 11 purpose. 12 (d) In the event that the continuing effects of a natural disaster, 13 act of God, or adverse weather condition which occurred prior to August 14 twentieth of each year or the effects of a natural disaster, act of God, 15 or adverse weather condition which occurs subsequent to August twentieth 16 each year results in any grape varietal loss which meets the standards 17 provided in paragraph (b) of this subdivision, the commissioner of agri- 18 culture and markets, in consultation shall with the [chairman] advisory 19 board of the state liquor authority with jurisdiction, may issue addi- 20 tional grape varietal loss determinations and shall expeditiously make 21 available to farm wineries and to the public each specific grape varie- 22 tal loss determination issued pursuant to this paragraph prior to Octo- 23 ber tenth of each year. 24 § 23. This act shall take effect one year after it shall have become a 25 law; provided, however, that: 26 (a) the amendments to section 15 of the alcoholic beverage control law 27 made by section seven of this act shall be subject to the expiration and 28 reversion of such section pursuant to section 4 of chapter 118 of the 29 laws of 2012, as amended, when upon such date the provisions of section 30 eight of this act shall take effect; 31 (b) the amendments to section 17 of the alcoholic beverage control law 32 made by section ten of this act shall be subject to the expiration and 33 reversion of such section pursuant to section 4 of chapter 118 of the 34 laws of 2012, as amended, when upon such date the provisions of section 35 eleven of this act shall take effect; 36 (c) the amendments to section 18 of the alcoholic beverage control law 37 made by section twelve of this act shall be subject to the expiration 38 and reversion of such section pursuant to section 4 of chapter 118 of 39 the laws of 2012, as amended, when upon such date the provisions of 40 section thirteen of this act shall take effect; and 41 (d) effective immediately, the addition, amendment and/or repeal of 42 any rule or regulation necessary for the implementation of this act on 43 its effective date are authorized and directed to be made and completed 44 on or before such effective date.