Bill Text: NY S67003 | 2009-2010 | General Assembly | Introduced


Bill Title: Enacts provisions of law necessary to implement the state fiscal plan for the 2010-2011 state fiscal year; enacts the wine industry and liquor store revitalization act.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2010-08-02 - COMMITTEE DISCHARGED AND COMMITTED TO FINANCE [S67003 Detail]

Download: New_York-2009-S67003-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 3                                                        A. 3
                             Second Extraordinary Session
                             S E N A T E - A S S E M B L Y
                                     July 30, 2010
                                      ___________
       IN  SENATE  --  Introduced  by  COMMITTEE ON RULES -- (at request of the
         Governor) -- read twice and ordered printed, and when  printed  to  be
         committed to the Committee on Rules
       IN  ASSEMBLY  --  Introduced by COMMITTEE ON RULES -- (at request of the
         Governor) -- read once and referred to the Committee on Ways and Means
       AN ACT to amend the alcoholic beverage control law and the state finance
         law, in relation to enacting the wine industry and liquor store  revi-
         talization  act;  to  amend the alcoholic beverage control law and the
         state finance law, in relation  to  enacting  the  wine  industry  and
         liquor  store  revitalization act; to repeal certain provisions of the
         alcoholic beverage control law relating thereto; and providing for the
         repeal of certain provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    This  act  shall be known and may be cited as the "wine
    2  industry and liquor store revitalization act".
    3    S 2. Subdivisions 4 and 5 of section  63  of  the  alcoholic  beverage
    4  control  law,  subdivision  4  as  amended by chapter 603 of the laws of
    5  1992, are amended and two new subdivisions 7 and 8 are added to read  as
    6  follows:
    7    4.  (A)  No  licensee under this section shall be engaged in any other
    8  business on the licensed premises. The sale  of  lottery  tickets,  when
    9  duly  authorized  and  lawfully conducted, the sale of corkscrews or the
   10  sale of ice or the sale of  publications,  including  prerecorded  video
   11  and/or audio cassette tapes, designed to help educate consumers in their
   12  knowledge  and  appreciation  of  [wine and wine products, as defined in
   13  section three of this chapter] ALCOHOLIC BEVERAGES OR  CONDUCTING  SEMI-
   14  NARS  TO  HELP  EDUCATE CONSUMERS IN THEIR KNOWLEDGE AND APPRECIATION OF
   15  ALCOHOLIC  BEVERAGES,  or  the  sale  of  [non-carbonated,  non-flavored
   16  mineral waters, spring waters and drinking waters or the sale of glasses
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12308-01-0
       S. 3                                2                               A. 3
    1  designed  for  the consumption of wine] BOTTLED WATER, MIXERS, JUICE AND
    2  SODA, OR THE SALE OF CIGARS, CIGAR ACCESSORIES AND RELATED  PUBLICATIONS
    3  DESIGNED  TO  HELP EDUCATE CONSUMERS IN THEIR KNOWLEDGE AND APPRECIATION
    4  OF  CIGAR PRODUCTS, LIGHTERS, NEWSPAPERS OR FOOD AND FOOD PRODUCTS TYPI-
    5  CALLY CONSUMED WITH ALCOHOLIC BEVERAGES, INCLUDING BUT  NOT  LIMITED  TO
    6  SNACK FOODS AND GOURMET FOODS SUCH AS LOCALLY PRODUCED CHEESES AND FRESH
    7  BREADS,  GIFTS,  GIFT  BAGS  AND  GIFT  BASKETS, GLASSWARE AND DECANTERS
    8  RELATED TO THE CONSUMPTION OR  STORAGE  OF  ALCOHOLIC  BEVERAGES,  racks
    9  designed  for  the  storage  of  wine,  and devices designed to minimize
   10  oxidation in bottles of  wine  which  have  been  uncorked[,  shall  not
   11  constitute  engaging  in  another  business  within  the meaning of this
   12  subdivision].
   13    (B) THE INSTALLATION AND OPERATION OF AUTOMATED TELLER MACHINES  SHALL
   14  NOT  CONSTITUTE  ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF THIS
   15  SUBDIVISION.  FOR  PURPOSES  OF  THIS  SUBDIVISION,  "AUTOMATED   TELLER
   16  MACHINE" MEANS A DEVICE WHICH IS LINKED TO THE ACCOUNTS AND RECORDS OF A
   17  BANKING  INSTITUTION  AND  WHICH  ENABLES CONSUMERS TO CARRY OUT BANKING
   18  TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, ACCOUNT  TRANSFERS,  DEPOS-
   19  ITS, CASH WITHDRAWALS, BALANCE INQUIRES, AND LOAN PAYMENTS.
   20    5.  [Not more than one license shall be] NOTHING IN THIS SECTION SHALL
   21  BE CONSTRUED TO PROHIBIT MULTIPLE LICENSES FROM  BEING  granted  to  any
   22  person  under  this  section.   PROVIDED, HOWEVER, THAT NO MORE THAN ONE
   23  LICENSE UNDER THIS SECTION OR SECTION SEVENTY-NINE OF THIS  CHAPTER  MAY
   24  BE   GRANTED  TO  A  PERSON  HOLDING  A  LICENSE  ISSUED  UNDER  SECTION
   25  FIFTY-FOUR, SECTION FIFTY-FOUR-A OR SECTION SEVENTY-NINE-E OF THIS CHAP-
   26  TER.
   27    7. ANY LICENSE UNDER THIS SECTION  INCLUDES  THE  PRIVILEGES  TO  SELL
   28  LIQUOR  TO  ANY  PERSON  LICENSED  UNDER  THIS CHAPTER TO SELL LIQUOR AT
   29  RETAIL FOR CONSUMPTION ON THE PREMISES AND WINE TO ANY  PERSON  LICENSED
   30  UNDER  THIS  CHAPTER TO SELL WINE AT RETAIL FOR CONSUMPTION ON THE PREM-
   31  ISES. SUCH SALES SHALL NOT BE SUBJECT TO THE PROVISIONS OF  SECTION  ONE
   32  HUNDRED ONE-AA OR SECTION ONE HUNDRED ONE-B OF THIS CHAPTER.
   33    8.  EVERY  LICENSEE  UNDER  THIS SECTION SHALL HAVE AN INDIVIDUAL IN A
   34  POSITION OF MANAGEMENT AND CONTROL ASSIGNED TO IT WHO HAS BEEN ISSUED  A
   35  CERTIFICATE  OF  COMPLETION  FROM AN APPROVED ALCOHOL TRAINING AWARENESS
   36  PROGRAM.
   37    S 3. Subdivision 2 of section 79 of the alcoholic beverage control law
   38  is amended and two new subdivisions  5  and  6  are  added  to  read  as
   39  follows:
   40    2.  [Not more than one license shall be] NOTHING IN THIS SECTION SHALL
   41  BE CONSTRUED TO PROHIBIT MULTIPLE LICENSES FROM  BEING  granted  to  any
   42  person  under  this  section.   PROVIDED, HOWEVER, THAT NO MORE THAN ONE
   43  LICENSE UNDER THIS SECTION OR SECTION SIXTY-THREE OF THIS CHAPTER MAY BE
   44  GRANTED TO A PERSON HOLDING A LICENSE ISSUED UNDER  SECTION  FIFTY-FOUR,
   45  SECTION FIFTY-FOUR-A OR SECTION SEVENTY-NINE-E OF THIS CHAPTER.
   46    5. ANY LICENSE UNDER THIS SECTION INCLUDES THE PRIVILEGES TO SELL WINE
   47  TO  ANY  PERSON  LICENSED  UNDER THIS CHAPTER TO SELL WINE AT RETAIL FOR
   48  CONSUMPTION ON THE PREMISES OR ANY PERSON LICENSED UNDER SECTION  SEVEN-
   49  TY-NINE-E OF THIS ARTICLE, PROVIDED THAT SUCH GROCERY OR DRUG STORE WINE
   50  LICENSEE'S  PREMISES  OCCUPIES LESS THAN ONE THOUSAND SQUARE FEET.  SUCH
   51  SALES SHALL NOT BE SUBJECT TO THE  PROVISIONS  OF  SECTION  ONE  HUNDRED
   52  ONE-AA OR SECTION ONE HUNDRED ONE-B OF THIS CHAPTER.
   53    6.  EVERY  LICENSEE  UNDER  THIS SECTION SHALL HAVE AN INDIVIDUAL IN A
   54  POSITION OF MANAGEMENT AND CONTROL ASSIGNED TO IT WHO HAS BEEN ISSUED  A
   55  CERTIFICATE  OF  COMPLETION  FROM AN APPROVED ALCOHOL TRAINING AWARENESS
   56  PROGRAM.
       S. 3                                3                               A. 3
    1    S 4. The alcoholic beverage control law is amended  by  adding  a  new
    2  section 79-e to read as follows:
    3    S  79-E.  GROCERY OR DRUG STORE WINE LICENSE.  1. ANY PERSON MAY APPLY
    4  TO THE AUTHORITY FOR A LICENSE TO SELL FROM THE LICENSED  PREMISES  WINE
    5  IN SEALED CONTAINERS FOR CONSUMPTION OFF SUCH PREMISES.
    6    2.  NO  SUCH  LICENSE  SHALL BE ISSUED, HOWEVER, TO ANY PERSON FOR ANY
    7  PREMISES OTHER THAN A GROCERY STORE, AS DEFINED IN SUBDIVISION  THIRTEEN
    8  OF  SECTION THREE OF THIS CHAPTER, OR A DRUG STORE, AS DEFINED IN SUBDI-
    9  VISION TWELVE OF SECTION THREE OF THIS CHAPTER.
   10    3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, EXCEPT FOR
   11  GOOD CAUSE SHOWN, THE AUTHORITY SHALL ISSUE A GROCERY OR DRUG STORE WINE
   12  LICENSE TO THE HOLDER OF A LICENSE TO SELL BEER AT RETAIL  FOR  CONSUMP-
   13  TION OFF THE PREMISES PURSUANT TO SECTION FIFTY-FOUR OF THIS CHAPTER, OR
   14  BEER AND WINE PRODUCTS AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSU-
   15  ANT  TO  SECTION  FIFTY-FOUR-A  OF  THIS CHAPTER, AT THE REQUEST OF SUCH
   16  LICENSEE.
   17    (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE PREMISES OF THE  GROCERY
   18  OR  DRUG  STORE WINE LICENSEE SHALL BE THE SAME AS THE PREMISES LICENSED
   19  UNDER SECTION FIFTY-FOUR OR FIFTY-FOUR-A OF THIS CHAPTER.
   20    (C) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY  LICENSE
   21  ISSUED PURSUANT TO THIS SECTION SHALL RUN CONCURRENTLY WITH THE UNDERLY-
   22  ING  LICENSE  UNDER  SECTION FIFTY-FOUR OR FIFTY-FOUR-A OF THIS CHAPTER,
   23  AND SHALL BE DEEMED EXPIRED AT  SUCH  TIME  AS  THE  UNDERLYING  LICENSE
   24  EXPIRES.
   25    (D) ANY PERSON LICENSED TO SELL WINE PURSUANT TO THIS ARTICLE SHALL BE
   26  PERMITTED  TO  CONDUCT  WINE TASTINGS. WINE TASTINGS WHICH ARE CONDUCTED
   27  UNDER THE AUSPICES OF AN OFFICIAL AGENT OF A FARM WINERY, WINERY, WHOLE-
   28  SALER, OR IMPORTER AND WHERE SUCH AGENT IS  PHYSICALLY  PRESENT  AT  ALL
   29  TIMES  DURING  THE  CONDUCT  OF  THE  TASTING,  THEN, IN THAT EVENT, ANY
   30  LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A WINE  TASTING
   31  AS  AUTHORIZED  PURSUANT  TO  THIS  SECTION,  AND IN ACCORDANCE WITH THE
   32  PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW,
   33  SHALL ACCRUE TO THE FARM WINERY, WINERY, WHOLESALER, OR IMPORTER.
   34    4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE  AUTHORITY
   35  MAY  ISSUE  A  LICENSE  UNDER THIS SECTION TO THE HOLDER OF A LICENSE TO
   36  SELL WINE AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSUANT TO SECTION
   37  SEVENTY-NINE OF THIS ARTICLE, PROVIDED THAT: (A) THE LICENSEE MEETS  THE
   38  REQUIREMENTS  OF  SUBDIVISION TWO OF THIS SECTION; AND (B) UPON ISSUANCE
   39  OF A LICENSE, THE LICENSEE UNDER THIS  SECTION  SURRENDERS  THE  LICENSE
   40  CERTIFICATE ISSUED PURSUANT TO SUCH SECTION SEVENTY-NINE.
   41    5.  SUCH  APPLICATION  SHALL  BE  IN  SUCH FORM AND SHALL CONTAIN SUCH
   42  INFORMATION AS SHALL BE REQUIRED BY THE RULES OF THE AUTHORITY AND SHALL
   43  BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY THIS  ARTI-
   44  CLE FOR SUCH LICENSE.
   45    6.  NOTWITHSTANDING  ANY  OTHER PROVISIONS OF THIS CHAPTER, ANY PERSON
   46  RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE
   47  PROVISIONS OF SUBDIVISION TWO, THREE OR FOUR OF SECTION SEVENTY-NINE  OF
   48  THIS ARTICLE.
   49    7.  NOTWITHSTANDING  ANY  OTHER PROVISIONS OF THIS CHAPTER, ANY PERSON
   50  RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE
   51  PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION ONE  HUNDRED
   52  FIVE OF THIS CHAPTER.
   53    8. (A) A ONE-TIME FRANCHISE FEE SHALL BE PAID BY EACH RETAIL OUTLET TO
   54  THE  STATE LIQUOR AUTHORITY. THIS FRANCHISE FEE IS HEREBY IMPOSED PURSU-
   55  ANT TO THE FOLLOWING SCHEDULE PER LOCATION BASED UPON GROSS SALES IN THE
   56  PREVIOUS YEAR:
       S. 3                                4                               A. 3
    1  ANNUAL SALES                       FRANCHISE FEE PER LOCATION
    2  $0-$249,999                        $1,000
    3  $250,000-$499,999                  0.40 OF ONE PERCENT OF TOTAL GROSS SAL
    4  $500,000-$999,999                  0.40 OF ONE PERCENT OF TOTAL GROSS SAL
    5  $1,000,000-$2,499,999              0.55 OF ONE PERCENT OF TOTAL GROSS SAL
    6  $2,500,000-$4,999,999              0.55 OF ONE PERCENT OF TOTAL GROSS SAL
    7  $5,000,000-$9,999,999              0.80 OF ONE PERCENT OF TOTAL GROSS SAL
    8  $10,000,000-$24,999,999            1.10 OF ONE PERCENT OF TOTAL GROSS SAL
    9  $25,000,000-$39,999,999            1.50 OF ONE PERCENT OF TOTAL GROSS SAL
   10  $40,000,000 AND GREATER            1.70 OF ONE PERCENT OF TOTAL GROSS SAL
   11  WAREHOUSE STORES                   2.0 OF ONE PERCENT OF TOTAL GROSS SALE
   12  FOR  THE  PURPOSES  OF  THIS  PARAGRAPH,  "TOTAL  GROSS SALES" SHALL NOT
   13  INCLUDE SALES RESULTING FROM THE SALE OF TOBACCO AS DEFINED  BY  ARTICLE
   14  TWENTY  OF  THE TAX LAW AND MOTOR FUEL AS DEFINED BY ARTICLE TWELVE-A OF
   15  THE TAX LAW. FOR THE PURPOSES OF  THIS  PARAGRAPH,  NOTWITHSTANDING  THE
   16  GROSS SALES OF THE APPLICANT, AN ESTABLISHMENT THAT CHARGES A MEMBERSHIP
   17  FEE TO ITS CUSTOMERS SHALL BE DEEMED A "WAREHOUSE STORE".
   18    (B)  IN  THE  EVENT  AN  APPLICANT  HAS BEEN IN BUSINESS FOR LESS THAN
   19  TWELVE MONTHS PRIOR TO THE FILING OF THE APPLICATION FOR  THIS  LICENSE,
   20  SUCH  APPLICANT  SHALL,  IN  ACCORDANCE WITH THE RULES OF THE AUTHORITY,
   21  REMIT AN ESTIMATE OF ITS FRANCHISE FEE BASED  ON  SQUARE  FOOTAGE  AT  A
   22  LICENSEE'S LOCATION PURSUANT TO THE FOLLOWING SCHEDULE:
   23  SQUARE FOOTAGE LICENSEE'S LOCATION      FRANCHISE FEE PER LOCATION
   24  0-999                                             $    825
   25  1,000-1,999                                       $  1,650
   26  2,000-3,999                                       $  3,300
   27  4,000-9,999                                       $  8,250
   28  10,000-19,999                                     $ 16,500
   29  20,000-24,999                                     $ 33,000
   30  25,000-29,999                                     $ 82,500
   31  30,000-39,999                                     $132,000
   32  40,000-79,999                                     $250,000
   33  80,000 AND GREATER                                $350,000
   34  WITHIN  SIXTY  DAYS  AFTER SUCH LICENSEE SHALL HAVE BEEN IN BUSINESS FOR
   35  TWELVE MONTHS, SUCH LICENSEE SHALL SUBMIT TO THE AUTHORITY,  IN  ACCORD-
   36  ANCE  WITH  THE  RULES  OF THE AUTHORITY, A STATEMENT SHOWING ITS ACTUAL
   37  TOTAL GROSS SALES FOR THE FIRST TWELVE MONTHS OF OPERATION AND THE FRAN-
   38  CHISE FEE DUE PURSUANT TO PARAGRAPH (A)  OF  THIS  SUBDIVISION.  IN  THE
   39  EVENT  THE  FRANCHISE  FEE DETERMINED PURSUANT TO SUCH PARAGRAPH EXCEEDS
   40  THE AMOUNT PAID PURSUANT TO THIS PARAGRAPH,  THE  LICENSEE  SHALL  REMIT
   41  PAYMENT  FOR  THE  BALANCE  OF  THE  REQUIRED  FRANCHISE FEE WITHIN SUCH
   42  SIXTY-DAY PERIOD. FAILURE TO REMIT PAYMENT WITHIN SUCH SIXTY-DAY  PERIOD
   43  SHALL  BE GROUNDS FOR CANCELLATION OR REVOCATION OF SUCH LICENSE. IN THE
   44  EVENT THAT THE FRANCHISE FEE DUE  PURSUANT  TO  PARAGRAPH  (A)  OF  THIS
   45  SUBDIVISION IS LESS THAN THE AMOUNT PAID PURSUANT TO THIS PARAGRAPH, THE
   46  LICENSEE  SHALL  BE ENTITLED TO A REFUND EQUAL TO THE DIFFERENCE BETWEEN
   47  THE FRANCHISE FEE PAID PURSUANT TO THIS PARAGRAPH AND THE AMOUNT DUE  TO
   48  PARAGRAPH (A) OF THIS SUBDIVISION.
   49    (C)  NO  LICENSE  SHALL  BE  ISSUED PURSUANT TO THIS SECTION UNTIL THE
   50  FRANCHISE FEE OR ESTIMATED FRANCHISE FEE UNDER THIS SUBDIVISION REQUIRED
   51  BY EITHER PARAGRAPH (A) OR (B) OF THIS  SUBDIVISION  HAS  BEEN  PAID  IN
   52  FULL.
   53    (D)  THE  FRANCHISE FEE SHALL BE DEPOSITED AND DISPOSED OF IN THE SAME
   54  MANNER AS ANY LICENSE FEE AS PROVIDED IN SECTION ONE HUNDRED TWENTY-FIVE
   55  OF THIS CHAPTER.
       S. 3                                5                               A. 3
    1    9. ANY PERSON LICENSED TO SELL WINE  PURSUANT  TO  THIS  ARTICLE  THAT
    2  OPERATES  THE  PREMISES  OF THE GROCERY OR DRUG STORE WINE LICENSEE THAT
    3  OCCUPIES LESS THAN ONE THOUSAND  SQUARE  FEET  MAY  PURCHASE,  AGREE  TO
    4  PURCHASE  OR  RECEIVE  ANY  WINE  FROM  A PERSON LICENSED UNDER SECTIONS
    5  SIXTY-THREE AND SEVENTY-NINE OF THIS CHAPTER.
    6    10.  EVERY  LICENSEE  UNDER THIS SECTION SHALL HAVE AN INDIVIDUAL IN A
    7  POSITION OF MANAGEMENT AND CONTROL ASSIGNED TO IT WHO HAS BEEN ISSUED  A
    8  CERTIFICATE  OF  COMPLETION  FROM AN APPROVED ALCOHOL TRAINING AWARENESS
    9  PROGRAM.
   10    11. NOTWITHSTANDING SUBDIVISION EIGHT OF THIS  SECTION,  NO  FRANCHISE
   11  FEE  SHALL  BE REQUIRED FROM AN APPLICANT WHO IS PURCHASING THE BUSINESS
   12  OF A LICENSEE WHO HAS ALREADY PAID A FRANCHISE FEE, PROVIDED  THAT  SUCH
   13  APPLICANT  CONTINUES  THE  BUSINESS  OPERATION  AT  THE  SAME GEOGRAPHIC
   14  LOCATION AS THE  LICENSEE.  IN  THE  EVENT  THE  APPLICANT  SUBSEQUENTLY
   15  REMOVES  THE  BUSINESS  TO  ANOTHER LOCATION, PAYMENT OF THE APPROPRIATE
   16  FRANCHISE FEE SHALL BE REQUIRED PRIOR TO THE  APPROVAL  OF  THE  REMOVAL
   17  PURSUANT TO SUBDIVISION THREE OF SECTION NINETY-NINE-D OF THIS CHAPTER.
   18    12.  THE STATE LIQUOR AUTHORITY MAY MAKE SUCH RULES AS IT DEEMS NECES-
   19  SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION,  HOWEVER,  SUCH  RULES
   20  SHALL  NOT BE CONSTRUED TO PLACE ADDITIONAL LIMITATIONS UPON THE HOLDERS
   21  OF LICENSES ISSUED PURSUANT TO  SECTION  SEVENTY-NINE  OF  THIS  ARTICLE
   22  UNRELATED TO THE SALE OF WINE.
   23    S  5.  Section  83 of the alcoholic beverage control law is amended by
   24  adding a new subdivision 8 to read as follows:
   25    8. THE ANNUAL FEE FOR A GROCERY OR DRUG STORE WINE LICENSE PURSUANT TO
   26  SECTION SEVENTY-NINE-E OF THIS ARTICLE SHALL BE  FIVE  HUNDRED  DOLLARS.
   27  WHERE,  HOWEVER,  THE  APPLICANT  IS  THE  HOLDER  OF  TWO  OR MORE SUCH
   28  LICENSES, THE ANNUAL FEE FOR EACH ADDITIONAL LICENSE SHALL BE DOUBLE THE
   29  AMOUNT HEREINABOVE SET FORTH. TEN PERCENT OF THE OVERALL FEES PAID UP TO
   30  ONE MILLION DOLLARS ANNUALLY SHALL BE DEPOSITED TO  THE  NEW  YORK  WINE
   31  INDUSTRY  MARKETING  AND  PROMOTION  ACCOUNT,  ESTABLISHED  PURSUANT  TO
   32  SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW.
   33    S 6. The state finance law is amended by adding a new section  97-jjjj
   34  to read as follows:
   35    S 97-JJJJ. NEW YORK WINE INDUSTRY MARKETING AND PROMOTION ACCOUNT.  1.
   36  THERE  IS  HEREBY  ESTABLISHED  IN  THE JOINT CUSTODY OF THE STATE COMP-
   37  TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE AN  ACCOUNT  TO  BE
   38  KNOWN AS THE NEW YORK WINE INDUSTRY MARKETING AND PROMOTION ACCOUNT.
   39    2.  SUCH  ACCOUNT  SHALL  CONSIST OF REVENUES RECEIVED FROM GROCERY OR
   40  DRUG STORE WINE LICENSE FEES PURSUANT TO SUBDIVISION  EIGHT  OF  SECTION
   41  EIGHTY-THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
   42    3.  MONEYS OF THE ACCOUNT, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
   43  MAY BE EXPENDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE-A  OF
   44  CHAPTER  EIGHTY OF THE LAWS OF NINETEEN HUNDRED EIGHTY-FIVE, AS ADDED BY
   45  CHAPTER THREE HUNDRED THIRTY OF THE LAWS OF TWO  THOUSAND  FOUR.  MONEYS
   46  SHALL  BE  PAID OUT OF THE ACCOUNT ON THE AUDIT AND WARRANT OF THE STATE
   47  COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED  BY  THE  COMMISSIONER  OF
   48  AGRICULTURE AND MARKETS.
   49    S  7.  The  alcoholic  beverage control law is amended by adding a new
   50  article 12 to read as follows:
   51                                 ARTICLE 12
   52                   WINE MARKET EXPANSION MEDALLION PROGRAM
   53  SECTION 170. SHORT TITLE.
   54          171. DEFINITIONS.
       S. 3                                6                               A. 3
    1          172. REQUIREMENT TO POSSESS A MEDALLION.
    2          173. ISSUANCE OF MEDALLIONS.
    3          174. RIGHTS OF MEDALLION HOLDERS.
    4          175. CONTRACT FOR AUCTION WEBSITE.
    5          176. PARTICIPATION IN THE AUCTION WEBSITE.
    6          177. RULES FOR AUCTION.
    7          178. RESTRICTIONS ON THE MEDALLION PERIOD.
    8          179. NOTICE; REPEAL OF THIS ARTICLE.
    9    S  170.   SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
   10  THE "WINE MARKET EXPANSION MEDALLION PROGRAM".
   11    S 171. DEFINITIONS. 1. "AUCTION WEBSITE,"  SHALL  MEAN  AN  ELECTRONIC
   12  MECHANISM, DESIGNED TO FACILITATE THE TRANSFER OF MEDALLIONS PURSUANT TO
   13  THIS  ARTICLE  AND  THE RULES ESTABLISHED BY THE AUTHORITY, WHICH MAY BE
   14  DESIGNED AND OPERATED BY AN INDEPENDENT ENTITY WITH WHICH THE  AUTHORITY
   15  CONTRACTS FOR SUCH PURPOSE.
   16    2.  "MEDALLION," SHALL MEAN DIGITAL ELECTRONIC IDENTIFYING INFORMATION
   17  IN ANY FORM AS DETERMINED APPROPRIATE BY THE AUTHORITY, WHICH REPRESENTS
   18  THE RIGHT TO APPLY FOR AND, IF GRANTED BY THE AUTHORITY, HOLD A  LICENSE
   19  ISSUED UNDER SECTION SIXTY-THREE, SEVENTY-NINE OR SEVENTY-NINE-E OF THIS
   20  CHAPTER.
   21    3.  "MEDALLION  PERIOD,"  SHALL MEAN THE PERIOD COMMENCING NINETY DAYS
   22  AFTER THE EFFECTIVE DATE OF THIS ARTICLE, AND LASTING  FOR  THREE  YEARS
   23  OR,  IF AFTER SUCH THREE YEAR PERIOD ANY MEDALLIONS LISTED FOR THE FIRST
   24  TIME AT AUCTION FOR A REASONABLE PRICE HAVE NOT SOLD, THEN TWELVE MONTHS
   25  AFTER THE LAST OF ANY MEDALLIONS LISTED  AT  AUCTION  FOR  A  REASONABLE
   26  PRICE HAVE SOLD.
   27    4.  "REASONABLE  PRICE,"  SHALL  MEAN THE MINIMUM AUCTION PRICE ESTAB-
   28  LISHED BY THE SELLER OF A MEDALLION, IF AND ONLY IF SUCH MINIMUM AUCTION
   29  PRICE DOES NOT EXCEED THIRTY-THREE PERCENT OF THE HIGHEST, SINGLE  PRICE
   30  PAID FOR A MEDALLION DURING THE FIRST THREE YEARS OF THE MEDALLION PERI-
   31  OD.
   32    S  172. REQUIREMENT TO POSSESS A MEDALLION. ANY ENTITY OPERATING UNDER
   33  A LICENSE ISSUED AT ANY TIME UNDER SECTION SIXTY-THREE, SEVENTY-NINE  OR
   34  SEVENTY-NINE-E  OF  THIS CHAPTER DURING THE MEDALLION PERIOD MUST RETAIN
   35  OR POSSESS A MEDALLION IN ORDER TO OPERATE UNDER SUCH LICENSE.
   36    S 173. ISSUANCE OF MEDALLIONS. 1. WITHIN NINETY DAYS OF THE  EFFECTIVE
   37  DATE  OF  THIS  ARTICLE,  THE AUTHORITY SHALL CAUSE TWO MEDALLIONS TO BE
   38  GRANTED AUTOMATICALLY TO EVERY ENTITY LICENSED AS OF THE EFFECTIVE  DATE
   39  OF  THIS ARTICLE UNDER SECTION SIXTY-THREE OR SEVENTY-NINE OF THIS CHAP-
   40  TER AND TO ANY ENTITY OBTAINING SUCH A LICENSE WITHIN NINETY DAYS OF THE
   41  EFFECTIVE DATE OF THIS ARTICLE.  WRITTEN  NOTIFICATION  REPRESENTING  OR
   42  IDENTIFYING  THE  MEDALLIONS  MUST  ACCOMPANY SUCH ISSUANCE. NO LICENSEE
   43  SHALL BE REQUIRED TO MAKE APPLICATION TO THE AUTHORITY FOR  SUCH  MEDAL-
   44  LIONS.  ONLY  ENTITIES LICENSED AS OF THE EFFECTIVE DATE OF THIS ARTICLE
   45  UNDER SECTION SIXTY-THREE OR  SEVENTY-NINE  OF  THIS  CHAPTER  SHALL  BE
   46  ISSUED MEDALLIONS.
   47    2.  MEDALLIONS  ISSUED  UNDER  THIS  SECTION SHALL NOT BE CONSTRUED TO
   48  CONVEY ANY NEW PRIVILEGES OR RIGHTS, AND SHALL ONLY REPRESENT THE  RIGHT
   49  TO  OPERATE UNDER THE PRIVILEGES OF A LICENSE UNDER SECTION SIXTY-THREE,
   50  SEVENTY-NINE OR SEVENTY-NINE-E OF THIS CHAPTER  THAT  HAS  ALREADY  BEEN
   51  ISSUED OR THAT MAY BE ISSUED BY THE AUTHORITY DURING THE MEDALLION PERI-
   52  OD.
   53    3.  THE AUTHORITY MAY PROMULGATE SUCH OTHER RULES AND REGULATIONS THAT
   54  ARE NECESSARY TO EFFECTUATE THE ISSUANCE OF MEDALLIONS.
       S. 3                                7                               A. 3
    1    S 174. RIGHTS OF MEDALLION HOLDERS.  MEDALLIONS  ISSUED  TO  LICENSEES
    2  UNDER  THIS  SECTION,  AND  AS  ACQUIRED  BY  OTHER ENTITIES THROUGH THE
    3  AUCTION WEBSITE, MAY BE TRANSFERRED VIA THE  AUCTION  WEBSITE,  USED  TO
    4  APPLY  FOR  A  NEW  OR ADDITIONAL LICENSE OR RETAINED WITHOUT ACTION. NO
    5  OTHER  RIGHTS  OR  PRIVILEGES  SHALL  BE  DEEMED  TO BE CONFERRED UPON A
    6  PERSON, FIRM OR CORPORATION HOLDING A MEDALLION.
    7    S 175. CONTRACT FOR AUCTION WEBSITE. THE AUTHORITY, OR ON  ITS  BEHALF
    8  THE OFFICE OF GENERAL SERVICES, FROM AN APPROPRIATION MADE AVAILABLE FOR
    9  THIS PURPOSE, SHALL CONTRACT WITH A VENDOR FOR THE DESIGN, OPERATION AND
   10  MAINTENANCE  OF  AN AUCTION WEBSITE FOR THE PURPOSES OF FACILITATING THE
   11  TRANSFER OF MEDALLIONS. TO THE GREATEST EXTENT  POSSIBLE,  SUCH  WEBSITE
   12  MUST BE OPERATIONAL WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE
   13  OF THIS ARTICLE.
   14    S 176. PARTICIPATION IN THE AUCTION WEBSITE.  1. ALL PERSONS, FIRMS OR
   15  CORPORATIONS  SEEKING TO PARTICIPATE IN THE BUYING AND SELLING OF MEDAL-
   16  LIONS SHALL NOTIFY THE AUTHORITY AND  ACQUIRE  FROM  THE  AUTHORITY  ALL
   17  IDENTIFYING  INFORMATION  AS  REQUIRED FOR PARTICIPATION.  THE AUTHORITY
   18  MAY ESTABLISH A PROCESS SUCH THAT NOTIFICATION OF INTENT TO  PARTICIPATE
   19  IS  PROVIDED  TO, AND IDENTIFYING INFORMATION IS PROVIDED BY, THE VENDOR
   20  OPERATING THE AUCTION WEBSITE.
   21    2. ANY LICENSEE POSSESSING A MEDALLION SHALL BE  ELIGIBLE  TO  PARTIC-
   22  IPATE AS A BUYER OR SELLER OF MEDALLIONS LISTED ON THE AUCTION WEBSITE.
   23    3.  ANY  PERSON,  FIRM  OR  CORPORATION REPRESENTING OR ORGANIZED AS A
   24  GROCERY STORE, AS DEFINED IN SUBDIVISION THIRTEEN OF  SECTION  THREE  OF
   25  THIS  CHAPTER, OR A DRUG STORE, AS DEFINED IN SUBDIVISION TWELVE OF SUCH
   26  SECTION MAY PARTICIPATE AS A BUYER OR SELLER OF MEDALLIONS LISTED ON THE
   27  AUCTION WEBSITE.
   28    4. ANY PERSON, FIRM OR CORPORATION THAT DOES  NOT  POSSESS  A  LICENSE
   29  ISSUED  BY  THE AUTHORITY BUT IS SEEKING TO OBTAIN A LICENSE REQUIRING A
   30  MEDALLION SHALL BE ELIGIBLE TO PARTICIPATE AS  A  BUYER  OF  MEDALLIONS,
   31  PROVIDED,  HOWEVER,  THAT  SUCH  PERSONS, FIRMS OR CORPORATIONS MUST USE
   32  MEDALLIONS ONLY TO MEET THE REQUIREMENTS OF A  LICENSE  APPLICATION  AND
   33  MAY  NOT  RESELL  SUCH  MEDALLIONS WITHOUT OBTAINING THE EXPRESS WRITTEN
   34  APPROVAL OF THE AUTHORITY. NOTHING SHALL PROHIBIT AN ENTITY DESCRIBED IN
   35  THIS SUBDIVISION FROM RETAINING A MEDALLION AND TAKING NO ACTION.
   36    5. SALES OF THE MEDALLIONS BY AUCTION SALE SHALL BE SUBJECT  TO  SALES
   37  AND  COMPENSATING  USE  TAX AS IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF
   38  THE TAX LAW.
   39    6. THE AUTHORITY MAY PROMULGATE SUCH OTHER RULES AND REGULATIONS  THAT
   40  ARE  NECESSARY  TO  GOVERN  THE PARTICIPATION IN THE AUCTION WEBSITE AND
   41  SHALL TAKE THE NECESSARY STEPS TO PREVENT SPECULATION.
   42    S 177. RULES FOR AUCTION.  1. ONLY MEDALLIONS ISSUED BY THE  AUTHORITY
   43  MAY BE LISTED FOR TRANSFER OR AUCTION ON THE AUCTION WEBSITE.
   44    2. NO RESTRICTIONS SHALL BE PLACED BY THE AUTHORITY OR AUCTION WEBSITE
   45  VENDOR  ON  THE  INITIAL LIST PRICES OR FINAL SALE PRICES OF MEDALLIONS;
   46  HOWEVER, THE AUTHORITY MAY DETERMINE WHETHER OR NOT MINIMUM  OR  RESERVE
   47  PRICES SOUGHT BY ALL SELLERS OF MEDALLIONS SHALL BE VISIBLE TO ALL OTHER
   48  PARTICIPANTS.
   49    3.  ALL  PARTICIPANTS SHALL BE ASSIGNED RANDOM IDENTIFYING INFORMATION
   50  BY THE AUTHORITY OR AUCTION WEBSITE VENDOR SUCH THAT NO PARTICIPANT  CAN
   51  DETERMINE THE IDENTITY OR GEOGRAPHIC LOCATION OF ANY OTHER PARTICIPANT.
   52    4.  BEGINNING  NINETY  DAYS PRIOR TO THE CONCLUSION OF THE FIRST THREE
   53  YEARS OF THE MEDALLION PERIOD, THE AUTHORITY SHALL CAUSE TO BE LISTED ON
   54  THE MAIN PAGE OF THE AUCTION WEBSITE THE HIGHEST SINGLE SALE  PRICE  FOR
   55  WHICH  ANY  MEDALLION SOLD DURING THE PRECEDING PORTION OF THE MEDALLION
       S. 3                                8                               A. 3
    1  PERIOD.  SUCH PRICE SHALL BE UPDATED AT THE BEGINNING AND  END  OF  EACH
    2  DAY.
    3    5.  THE  AUTHORITY SHALL CAUSE TO BE INCLUDED IN THE AUCTION WEBSITE A
    4  MECHANISM TO FACILITATE THE DIRECT TRANSFER OF MEDALLIONS BETWEEN FAMILY
    5  MEMBERS AT ANY PRICE.
    6    6. UPON SUCCESSFUL SALE OR TRANSFER OF ANY  MEDALLION,  THE  AUTHORITY
    7  SHALL  CAUSE  TO  BE  SENT  IN WRITING TO THE BUYER NOTICE OF THE TRANS-
    8  ACTION, A COPY OF WHICH MUST BE  RETURNED  TO  THE  AUTHORITY  WITH  ANY
    9  APPLICATION FOR A LICENSE REQUIRING A MEDALLION.
   10    7.  THE  AUTHORITY SHALL MAINTAIN A DATABASE OF MEDALLION TRANSACTIONS
   11  SUCH THAT THE AUTHORITY CAN VALIDATE  THAT  APPLICANTS  APPLYING  FOR  A
   12  LICENSE REQUIRING A MEDALLION INDEED POSSES A MEDALLION.
   13    8.  THE AUTHORITY MAY PROMULGATE SUCH OTHER RULES AND REGULATIONS THAT
   14  ARE NECESSARY TO GOVERN THE FORMAT AND FUNCTION OF THE AUCTION WEBSITE.
   15    S 178. RESTRICTIONS ON THE MEDALLION PERIOD. 1. ONLY THE  LIST  PRICES
   16  FOR  MEDALLIONS  LISTED  FOR  INITIAL  SALE  SHALL BE CONSIDERED FOR THE
   17  PURPOSES OF THE EXPIRATION OF THE MEDALLION PERIOD.
   18    2. THE MEDALLION PERIOD MAY ONLY BE EXTENDED FOR THREE YEARS IF MEDAL-
   19  LIONS REMAIN LISTED FOR INITIAL  SALE  AT  A  REASONABLE  PRICE  AT  THE
   20  CONCLUSION OF THE FIRST THREE YEARS OF THE MEDALLION PERIOD.
   21    S 179. NOTICE; REPEAL OF THIS ARTICLE. 1. THIS ARTICLE SHALL BE DEEMED
   22  REPEALED AT 11:59 PM ON THE FINAL DAY OF THE MEDALLION PERIOD.
   23    2. WITHIN TWENTY-FOUR HOURS OF THE CONCLUSION OF THE FIRST THREE YEARS
   24  OF  THE  MEDALLION  PERIOD,  THE  AUTHORITY  SHALL NOTIFY IN WRITING THE
   25  LEGISLATURE, EXECUTIVE AND THE COMMISSIONERS  OF  THE  LEGISLATIVE  BILL
   26  DRAFTING  COMMISSION  WHETHER  OR NOT THE MEDALLION PERIOD HAS ENDED. IF
   27  THE MEDALLION PERIOD CONTINUES, THEN WITHIN TWENTY-FOUR HOURS OF THE END
   28  OF THE MEDALLIONS PERIOD, THE AUTHORITY  SHALL  NOTIFY  IN  WRITING  THE
   29  LEGISLATURE,  EXECUTIVE  AND  THE  COMMISSIONERS OF THE LEGISLATIVE BILL
   30  DRAFTING COMMISSION THAT THE MEDALLION PERIOD  HAS  CONCLUDED  AND  THAT
   31  THIS ARTICLE IS REPEALED. UPON THE ISSUANCE OF BOTH LETTERS THE AUTHORI-
   32  TY  SHALL  ALSO  CAUSE  SUCH NOTICE TO BE POSTED ON THE MAIN PAGE OF THE
   33  AUCTION WEBSITE, AS WELL AS PROMINENTLY ON THE AUTHORITY'S WEBSITE.
   34    S 8. Subdivision 2-a of section 100 of the alcoholic beverage  control
   35  law,  as  amended by chapter 249 of the laws of 2002, is amended to read
   36  as follows:
   37    2-a. No retailer shall employ, or permit  to  be  employed,  or  shall
   38  suffer  to work, on any premises licensed for retail sale hereunder, any
   39  person under the age of eighteen years, as a hostess, waitress,  waiter,
   40  or  in  any  other  capacity  where the duties of such person require or
   41  permit such person to sell,  dispense  or  handle  alcoholic  beverages;
   42  except that: (1) any person under the age of eighteen years and employed
   43  by  any  person  holding  a  grocery or drug store beer license shall be
   44  permitted to handle and deliver beer and wine products for  such  licen-
   45  see, (2) any person under the age of eighteen employed as a cashier by a
   46  person  holding  a grocery or drug store beer license shall be permitted
   47  to record and receive payment for beer and wine product  sales  when  in
   48  the  presence  of  and under the direct supervision of a person eighteen
   49  years of age or over, (2-a) any person under the age of  eighteen  years
   50  and  employed  by  a  person  holding a grocery store or drug store beer
   51  license as either a cashier or in any other position to  which  handling
   52  of  containers  which  may  have  held alcoholic beverages is necessary,
   53  shall be permitted to handle the containers if such have been  presented
   54  for redemption in accordance with the provisions of title ten of article
   55  twenty-seven of the environmental conservation law, [and] (3) any person
   56  under  the  age  of  eighteen years employed as a dishwasher, busboy, or
       S. 3                                9                               A. 3
    1  other such position as to which handling of containers  which  may  have
    2  held  alcoholic beverages is necessary shall be permitted to do so under
    3  the direct supervision of a person of legal age  to  purchase  alcoholic
    4  beverages  in  the state, (4) ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS
    5  AND EMPLOYED BY A PERSON HOLDING A GROCERY OR DRUG  STORE  WINE  LICENSE
    6  SHALL BE PERMITTED TO HANDLE AND DELIVER WINE FOR SUCH LICENSEE, AND (5)
    7  ANY  PERSON  UNDER  THE  AGE  OF EIGHTEEN YEARS AND EMPLOYED BY A PERSON
    8  HOLDING A GROCERY OR DRUG STORE  WINE  LICENSE  SHALL  BE  PERMITTED  TO
    9  RECORD  AND  RECEIVE  PAYMENT FOR WINE SALES WHEN IN THE PRESENCE OF AND
   10  UNDER THE DIRECT SUPERVISION OF A PERSON EIGHTEEN YEARS OR OVER.
   11    S 9. Subdivision 2 of section 105 of the  alcoholic  beverage  control
   12  law is REPEALED.
   13    S  10.  Subdivision 7 of section 105 of the alcoholic beverage control
   14  law is REPEALED.
   15    S 11. Subdivision 10 of section 105 of the alcoholic beverage  control
   16  law,  paragraph  (a)  as  amended by chapter 679 of the laws of 1950, is
   17  amended to read as follows:
   18    10. [(a)] Each retail licensee of liquor and/or wine for  off-premises
   19  consumption  shall  have  conspicuously displayed within the interior of
   20  the licensed premises where sales are made and where it can  be  readily
   21  inspected  by consumers a printed price list of the liquors and/or wines
   22  offered for sale therein; and no liquor and/or wine shall be sold except
   23  at the price set forth in such list[;
   24    (b) No screen, blind, curtain, partition, article or  thing  shall  be
   25  permitted  in  the  windows or upon the doors of such licensed premises,
   26  which shall prevent a clear view into  the  interior  of  such  licensed
   27  premises from the sidewalk, at all times; and
   28    (c)  No booth, screen, partition or other obstruction shall be permit-
   29  ted in the interior of said licensed premises].
   30    S 12. Paragraphs (a) and (b) of subdivision 14 of section 105  of  the
   31  alcoholic beverage control law, paragraph (a) as amended by section 1 of
   32  part U of chapter 63 of the laws of 2003 and paragraph (b) as amended by
   33  chapter 334 of the laws of 2004, are amended to read as follows:
   34    (a)  No  premises licensed to sell liquor and/or wine for off-premises
   35  consumption shall be permitted to [remain open] SELL LIQUOR AND/OR WINE:
   36    (i) On Sunday before twelve  o'clock  post  meridian  and  after  nine
   37  o'clock post meridian.
   38    (ii) On any day between midnight and eight o'clock antemeridian.
   39    (iii) On the twenty-fifth day of December, known as Christmas day.
   40    In  any  community  where daylight saving time is in effect, such time
   41  shall be deemed the standard time for the purpose of this subdivision.
   42    (b) This subdivision shall only be interpreted to prohibit the sale of
   43  liquor and/or wine for off-premises consumption [when it  is  closed  to
   44  the  public,  provided however, retail licensees may undertake all other
   45  activities allowed during the course of normal business  operations].  A
   46  LICENSEE  MAY  ENGAGE  IN  ANY  OTHER  LAWFUL  ACTIVITY  ALLOWED  ON THE
   47  LICENSEE'S PREMISES, including but not limited to:
   48    (i) placing orders with or  taking  deliveries  from  wholesalers  AND
   49  MANUFACTURERS;
   50    (ii) meeting with individuals who have valid solicitors permits issued
   51  by the liquor authority;
   52    (iii) stocking shelves;
   53    (iv) filling or building displays; [and]
   54    (v) rotating product on store shelves; AND
   55    (VI) THE SALE OF OTHER PRODUCTS, INCLUDING BEER AND WINE PRODUCTS.
       S. 3                               10                               A. 3
    1    S  13. Section 105 of the alcoholic beverage control law is amended by
    2  adding a new subdivision 24 to read as follows:
    3    24. COOPERATIVE AGREEMENTS BY LICENSEES TO SELL AT RETAIL FOR CONSUMP-
    4  TION  OFF  THE PREMISES. FOR THE PURPOSES OF PURCHASING ONLY, ANY TWO OR
    5  MORE  PERSONS  LICENSED  PURSUANT   TO   SECTIONS   SIXTY-THREE   AND/OR
    6  SEVENTY-NINE  OF  THIS  CHAPTER  MAY  JOIN IN AN AGREEMENT TO MAKE JOINT
    7  PURCHASES OF LIQUOR AND/OR WINE IN LARGER QUANTITIES THAN  MIGHT  OTHER-
    8  WISE  BE PURCHASED; PROVIDED, HOWEVER, THAT ALL SUCH ALCOHOLIC BEVERAGES
    9  PURCHASED PURSUANT TO ANY SUCH AGREEMENT SHALL BE  DISTRIBUTED  TO  NONE
   10  OTHER  THAN A LICENSEE WHO IS A PARTY TO SUCH AGREEMENT. THE COOPERATIVE
   11  AGREEMENTS, AS AUTHORIZED UNDER THIS  SUBDIVISION,  SHALL  BE  VOID  IF,
   12  WITHIN  A  CITY  WITH  A POPULATION OF ONE MILLION OR MORE, THE PREMISES
   13  OPERATING UNDER THE COOPERATIVE AGREEMENTS AUTHORIZED IN  THIS  SUBDIVI-
   14  SION  ARE  LOCATED  MORE THAN ONE MILE FROM ONE ANOTHER. THE COOPERATIVE
   15  AGREEMENTS, AS AUTHORIZED UNDER THIS  SUBDIVISION,  SHALL  BE  VOID  IF,
   16  OUTSIDE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE PREMISES
   17  OPERATING  UNDER  AGREEMENTS  AUTHORIZED IN THIS SUBDIVISION ARE LOCATED
   18  MORE THAN FIFTY MILES FROM ONE ANOTHER.  THE  AUTHORITY  MAY  PROMULGATE
   19  SUCH  RULES  AND  REGULATIONS  AS  MAY  BE  NECESSARY  TO  CARRY OUT THE
   20  PROVISIONS OF THIS SUBDIVISION.
   21    S 14. Paragraph a of subdivision 1 of section 101-aa of the  alcoholic
   22  beverage  control  law, as amended by chapter 84 of the laws of 2004, is
   23  amended to read as follows:
   24    a. "Credit period" means a period  beginning  on  the  date  alcoholic
   25  beverages  are  delivered and ending thirty days thereafter, EXCEPT THAT
   26  WITH REGARD TO LICENSEES LICENSED UNDER SECTION SIXTY-THREE OR  SEVENTY-
   27  NINE OF THIS CHAPTER THE "CREDIT PERIOD" MEANS A PERIOD BEGINNING ON THE
   28  DATE ALCOHOLIC BEVERAGES ARE DELIVERED AND ENDING SIXTY DAYS THEREAFTER.
   29    S  15. Section 101-aa of the alcoholic beverage control law is amended
   30  by adding a new subdivision 3-a to read as follows:
   31    3-A. NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
   32  SECTION,  THE  HOLDER OF A LICENSE TO SELL LIQUOR AND WINE AT RETAIL FOR
   33  CONSUMPTION OFF THE PREMISES, PURSUANT TO SECTION  SIXTY-THREE  OF  THIS
   34  CHAPTER,  OR  A  LICENSEE TO SELL WINE AT RETAIL FOR CONSUMPTION OFF THE
   35  PREMISES PURSUANT TO SECTION SEVENTY-NINE OF THIS  CHAPTER,  WHO  IS  IN
   36  DEFAULT  MAY  PURCHASE  ALCOHOLIC  BEVERAGES  ON  CREDIT EXCEPT FROM THE
   37  MANUFACTURER OR WHOLESALER WHO PLACED SUCH RETAIL LICENSEE IN DEFAULT.
   38    S 16. Paragraph (b) of subdivision 3 of section 101-b of the alcoholic
   39  beverage control law, as amended by section 1 of part E of chapter 56 of
   40  the laws of 2006, is amended to read as follows:
   41    (b) No brand of liquor or wine shall be sold  to  or  purchased  by  a
   42  retailer  unless a schedule, as provided by this section, is transmitted
   43  to and received by the liquor authority, and is  then  in  effect.  Such
   44  schedule  shall  be  transmitted  to the authority in such form, manner,
   45  medium and format as the authority may  direct;  shall  be  deemed  duly
   46  verified by the person submitting such schedule upon its transmission to
   47  the  authority;  and shall contain, with respect to each item, the exact
   48  brand or trade name, capacity of package, nature of  contents,  age  and
   49  proof where stated on the label, the number of bottles contained in each
   50  case,  the  bottle  and case price to retailers, the net bottle and case
   51  price paid by the seller, which prices, in each instance, shall be indi-
   52  vidual for each item and not in "combination" with any other  item,  the
   53  discounts  for  quantity, if any, and the discounts for time of payment,
   54  if any. PROVIDED HOWEVER THAT,  FOR  THE  PURPOSES  OF  THIS  PARAGRAPH,
   55  DIFFERENT PRODUCTS OR DIFFERENT SIZED BOTTLES FROM THE SAME MANUFACTURER
   56  MAY  BE  COMBINED.  Such  brand  of  liquor or wine shall not be sold to
       S. 3                               11                               A. 3
    1  retailers except at the price and discounts then in effect unless  prior
    2  written  permission of the authority is granted for good cause shown and
    3  for reasons not inconsistent with the  purpose  of  this  chapter.  Such
    4  schedule shall be transmitted by each manufacturer selling such brand to
    5  retailers and by each wholesaler selling such brand to retailers.
    6    S  17.  Subdivision 12 of section 17 of the alcoholic beverage control
    7  law, as amended by chapter 549 of the laws of 2001, is amended  to  read
    8  as follows:
    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
       S. 3                               12                               A. 3
    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    S 18. This act shall take effect immediately; provided  that  sections
   18  four, five and six of this act, subdivision 5 of section 63 and subdivi-
   19  sion  2  of section 79 of the alcoholic beverage control law, as amended
   20  by sections two and three of this act, respectively, shall  take  effect
   21  ninety days after it shall have become a law.
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