A10728 Summary:

BILL NOA10728
 
SAME ASSAME AS S08140
 
SPONSORSchimminger
 
COSPNSRWalter, Goodell, Palmesano, Zebrowski, Lupinacci, Lopez
 
MLTSPNSR
 
Amd ABC L, generally; amd 270 & 273, Exec L
 
Relates to the reorganization of the alcoholic beverage control law.
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A10728 Actions:

BILL NOA10728
 
06/14/2016referred to economic development
06/15/2016reported referred to codes
06/15/2016reported referred to ways and means
06/15/2016reported referred to rules
06/16/2016reported
06/16/2016rules report cal.488
06/16/2016ordered to third reading rules cal.488
06/17/2016substituted by s8140
 S08140 AMEND= LANZA
 06/13/2016REFERRED TO RULES
 06/16/2016ORDERED TO THIRD READING CAL.1928
 06/16/2016PASSED SENATE
 06/16/2016DELIVERED TO ASSEMBLY
 06/16/2016referred to ways and means
 06/17/2016substituted for a10728
 06/17/2016ordered to third reading rules cal.488
 06/17/2016passed assembly
 06/17/2016returned to senate
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A10728 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10728
 
SPONSOR: Rules (Schimminger)
  TITLE OF BILL: An act to amend the alcoholic beverage control law and the executive law, in relation to a reorganization of the alcoholic beverage control law   PURPOSE: This bill would amend various provisions of the Alcoholic Beverage Control Law ("ABCL") and make related amendments to other laws to imple- ment recommendations made by the Alcoholic Beverage Working Group. Summary of provisions: Section 1 of the bill would amend ABCL § 10 to state that the Members of the State Liquor Authority ("Authority") shall consist of a chairman and two commissioners, rather than three commissioners. Section 2 of the bill would amend ABCL § 14 to permit the Governor to appoint a commissioner as Chairman in the case of a vacancy in the office of Chairman pending the qualification of a new Chairman. Section 3 of the bill would amend the ABCL § 17(3) to allow the Authori- ty to impose civil penalties on two new licenses created by this bill. Section 4 of the bill would amend the version of ABCL § 17(3) now sched- uled to become effective in two years to allow the Authority to impose civil penalties on two new licenses created by this bill. Section 5 of the bill would add new ABCL § 61-a and § 61-b to create a combined craft manufacturing license and an importer's license. Section 6 of the bill would amend ABCL § 63(4) to permit off-premise liquor and wine stores to sell gift bags and gift wrapping. Section 7 of the bill would add a new ABCL § 66(3-a) to provide a license fee for the new importer's license. Section 8 of the bill would amend ABCL § 93(1) to eliminate the need for a solicitor's permit for a sales person working for a craft manufactur- er. Section 9 of the bill would amend ABCL§ 93(4) to extend the duration of a temporary solicitor's permit from sixty days to six months. Section 10 of the bill would add a new ABCL § 99-h to create a permit to allow on-premises licensees to sell alcoholic beverages on Sundays between 8 a.m. and ten o'clock a.m. The permit would be valid for one calendar day and each on-premises licensee is allowed to apply for twelve such permits in one calendar year. Each permit application requires notice to the local municipality. Only on-premises licensees in a city with populations under one million are eligible to receive the permit. Section 11 of the bill would amend ABCL § 105(5) and (11) to provide that a winery or farm winery may sell wine in open containers, such as growlers. Section 12 of the bill would amend ABCL § 106(5)(3)(a) to provide that a winery or farm winery may allow patrons to take opened bottles of wine away from the licensed premises and to eliminate the long-standing prohibition against serving alcoholic beverages before noon on Sundays. This section will allow sales of alcoholic beverages starting at 10 a.m. on Sundays. Section 13 of the bill would amend ABCL § 108 to allow a person with an on-premises liquor or wine license establishment adjacent to such person's off-premises beer license establishment to transport liquor and wine through the off-premises establishment. Section 14 of the bill would amend ABCL § 112 to eliminate the need for the holder of a solicitor's permit to obtain a surety bond. Section 15 of the bill would amend ABCL § 118 adding new subdivision 5 limiting the sanctions on prosecutions of combined manufacturing licenses issued under ABCL § 61-a to apply to only the prosecuted manu- facturing activity. Sections 16 of the bill would amend Executive Law § 270 to coincide with changes made by this bill to the ABCL. Sections 17 of the bill would amend Executive Law § 273 to coincide with changes made by this bill to the ABCL. Section 18 of the bill would make it effective sixty days after it is signed into law, provided that: sections 6 and 14 of this bill will expire and be deemed repealed three years after this bill becomes law; and section 12 of this bill would take effect immediately upon this bill being signed into law.   EXISTING LAW: This bill is intended to address the following omissions in the ABCL as well as unduly burdensome complications within the ABCL. The ABCL currently: *Does not address who will have administrative power over the agency in the case of a vacancy in the office of Chairman pending the qualifica- tion of a new Chairman; *Does not have a license for a company that intends to sell at whole- sale, but only to other wholesalers; *Unnecessarily requires any solicitor working for a manufacturer, regardless of the size of the business, to file a surety bond with the Authority; *Unnecessarily requires manufacturers to obtain a permit to allow new employees to work without a solicitor's permit, but only for sixty days; *Prohibits on-premises sales of alcoholic beverages from 8 a.m. until noon on Sundays; *Unnecessarily requires a person with multiple manufacturing operations at one location to obtain multiple licenses; *Sets limits on the types of items that can be sold at a package store; *Prohibits a winery from selling wine in growlers, or letting patrons leave with an open bottle of wine; and *Prohibits a person-with an on-premises liquor or wine license and an adjacent off-premises beer license from moving liquor or wine from a storage area, through the beer premises, and into the on-premises location.   LEGISLATIVE HISTORY: This is a new bill.   STATEMENT IN SUPPORT: This bill would incorporate recommendations made by the Governor's ABCL Working Group, which was tasked with offering suggestions to improve the law and aid businesses. *The ABCL does not contain a provision to appoint a temporary Chairman when a vacancy arises. The bill would authorize the Governor, in the event of the death, resignation, removal or disability of the Chairman, to designate one of the Commissioners to serve as acting Chairman for a period up to nine months until a new Chairman is nominated by the Gover- nor and confirmed by the Senate. *Small businesses that import products into the state to be wholesaled by other entities must currently choose between: (i) obtaining a costly wholesale license; or (ii) moving their business outside of New York State. The importers license will enable them to stay in New York State and operate with an inexpensive license. *Small craft manufacturers find the filing of applications and fees for solicitors permits burdensome. The bill would remove these requirements for small entities and also remove the requirement of a bond for solici- tor permits for larger entities. Those solicitors are still regulated but employers are no longer obligated to obtain bonds. *New York craft manufacturers may manufacture different products under different licenses at the same location. This practice requires a sepa- rate application, fee and renewal process for each license. This bill would enable manufacturers to apply for one license for the selected activities requiring one filing fee and one renewal application. *The ABCL requires that wine sold at retail stores for off-premises consumption be kept in sealed containers. This bill permits wineries to sell wine in growlers. The ABCL also prohibits an individual from leav- ing a winery with an open bottle of wine. This bill would permit the patron to take the rest of the wine home. *The ABCL imposes restrictions on the hours of sale of alcoholic bever- ages on Sundays, referred to as "Blue Laws." This bill would enable on-premises licenses throughout the state to begin serving alcoholic beverages for consumption on the premises on Sundays at 10 a.m., rather than noon. Licensees outside of New York City may also apply for a permit to allow the licensee to serve alcoholic beverages starting at 8 a.m. on a particular day of the year. Licensees seeking the permit must notify the local municipality and may only obtain twelve of these permits each calendar year. *The ABCL limits package stores and wine stores to selling only alcohol- ic beverages and certain other specified items such as wine glasses. This bill would also allow package stores and wine stores to sell gift wrapping and gift bags. *Numerous grocery stores own restaurants adjacent to the grocery stores. Because wine and liquor may not enter a grocery store, licensees must take the wine and liquor around the outside of the grocery store to bring it into the restaurant. This bill would eliminate this burdensome requirement and allow wine and liquor to pass through the grocery store en-route to the restaurant.   BUDGET IMPLICATIONS: None.   EFFECTIVE DATE: Effective on the sixtieth day after it shall become law, provided that: the amendments to section 17 of the ABCL made by section three shall be subject to the expiration and reversion of such section pursuant to 2 section 4 of chapter 118 of the laws of 2012, as amended, when upon such date the provisions of section four of this act shall take effect; the provisions of sections six and thirteen of the bill will expire and be deemed repealed three years after this bill becomes law; and the provisions of section 12 of this bill would take effect immediately upon this bill being signed into law
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A10728 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10728
 
                   IN ASSEMBLY
 
                                      June 14, 2016
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Schimminger)
          --  (at  request  of  the  Governor)  -- read once and referred to the
          Committee on Economic Development
 
        AN ACT to amend the alcoholic beverage control  law  and  the  executive
          law, in relation to a reorganization of the alcoholic beverage control
          law

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 10  of  the  alcoholic  beverage  control  law,  as
     2  amended  by  chapter  83  of  the  laws  of  1995, is amended to read as
     3  follows:
     4    § 10. State liquor authority.  There shall continue to be in the exec-
     5  utive department an alcoholic beverage control  division,  the  head  of
     6  which  shall  be  the state liquor authority [which] whose members shall
     7  consist of [three members, who shall be known as commissioners] a chair-
     8  man and two commissioners, all of whom shall be citizens  and  residents
     9  of  the state.   [The state alcoholic beverage control board created and
    10  appointed pursuant to chapter one hundred eighty of the laws of nineteen
    11  hundred thirty-three, as presently constituted, shall continue in exist-
    12  ence and hereafter shall be known and designated  as  the  state  liquor
    13  authority.]  The  terms "state alcoholic beverage control board", "state
    14  board", "liquor authority", or "authority", wherever occurring in any of
    15  the provisions of this chapter or of any other law, or in  any  official
    16  books,  records,  instruments, rules or papers, shall hereafter mean and
    17  refer to the state liquor authority provided for in this section.
    18    § 2. Section 14 of the alcoholic beverage control law, as  amended  by
    19  chapter 83 of the laws of 1995, is amended to read as follows:
    20    § 14. Vacancies;  quorum.  1.  In the event of a vacancy caused by the
    21  death, resignation, removal or disability of any [member]  commissioner,
    22  the  vacancy  shall be filled by the governor by and with the advice and
    23  consent of the senate for the unexpired term.
    24    2. (a) In the event of a vacancy caused  by  the  death,  resignation,
    25  removal,  or  disability of the chairman, the vacancy shall be filled by
    26  the governor by and with the advice and consent of the  senate  for  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12046-05-6

        A. 10728                            2
 
     1  unexpired  term.  Notwithstanding  any  other  provision  of  law to the
     2  contrary, the governor shall designate one of the commissioners to serve
     3  as acting chairman for a period not to exceed  six  months  or  until  a
     4  successor  chairman  has  been  confirmed by the senate, whichever comes
     5  first. Upon the expiration of the six month term, if  the  governor  has
     6  nominated  a  successor  chairman, but the senate has not acted upon the
     7  nomination, the acting chairman can continue to serve as acting chairman
     8  for an additional ninety days or until the governor's successor chairman
     9  nomination is confirmed by the senate, whichever comes first.
    10    (b) The governor shall provide immediate written notice to the  tempo-
    11  rary  president  of  the  senate of the designation of a commissioner as
    12  acting chairman.
    13    (c) If (i) the governor has not nominated a  successor  chairman  upon
    14  the expiration of the six month term or (ii) the senate does not confirm
    15  the  governor's  successor nomination within the additional ninety days,
    16  the commissioner designated as acting chairman shall no longer  be  able
    17  to  serve as acting chairman and the governor is prohibited from extend-
    18  ing the powers of that  acting  chairman  or  from  designating  another
    19  commissioner to serve as acting chairman.
    20    (d)  A  commissioner  serving  as the acting chairman of the authority
    21  shall be deemed a state officer for purposes of section seventy-three of
    22  the public officers law.
    23    3. A majority of the members  of  the  authority  shall  constitute  a
    24  quorum for the purpose of conducting the business thereof and a majority
    25  vote  of  all  the  members  in  office  shall  be necessary for action.
    26  Provided, however, that a commissioner designated as an acting  chairman
    27  pursuant  to  subdivision  two of section fourteen of this chapter shall
    28  have only one vote for  purposes  of  conducting  the  business  of  the
    29  authority.
    30    §  3.  Subdivision  3  of section 17 of the alcoholic beverage control
    31  law, as amended by section 2 of chapter 355 of  the  laws  of  2013,  is
    32  amended to read as follows:
    33    3. To revoke, cancel or suspend for cause any license or permit issued
    34  under  this  chapter  and/or to impose a civil penalty for cause against
    35  any holder of a license or permit issued pursuant to this  chapter.  Any
    36  civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
    37  dollars as against the holder of any retail permit  issued  pursuant  to
    38  sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
    39  paragraph f of subdivision one of section ninety-nine-b of this chapter,
    40  and as against the holder of  any  retail  license  issued  pursuant  to
    41  sections  [fifty-two,]  fifty-three-a,  fifty-four, fifty-four-a, fifty-
    42  five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
    43  sixty-four-c, seventy-six-f, seventy-nine, eighty-one  and  eighty-one-a
    44  of  this  chapter, and the sum of thirty thousand dollars as against the
    45  holder  of  a  license  issued   pursuant   to   sections   fifty-three,
    46  sixty-one-a,  sixty-one-b, seventy-six, seventy-six-a, and seventy-eight
    47  of this chapter, provided that the civil penalty against the holder of a
    48  wholesale license issued pursuant to section fifty-three of this chapter
    49  shall not exceed the sum of ten thousand  dollars  where  that  licensee
    50  violates  provisions  of  this  chapter during the course of the sale of
    51  beer at retail to a person for consumption at home, and the sum  of  one
    52  hundred  thousand  dollars  as  against the holder of any license issued
    53  pursuant to sections fifty-one, sixty-one, and sixty-two of  this  chap-
    54  ter.  Any  civil penalty so imposed shall be in addition to and separate
    55  and apart from the terms and provisions of the bond required pursuant to
    56  section one hundred twelve of this chapter. Provided that no  appeal  is

        A. 10728                            3
 
     1  pending on the imposition of such civil penalty, in the event such civil
     2  penalty  imposed  by  the  division remains unpaid, in whole or in part,
     3  more than forty-five days after written demand for payment has been sent
     4  by first class mail to the address of the licensed premises, a notice of
     5  impending  default  judgment  shall  be  sent by first class mail to the
     6  licensed premises and by first class mail to the last known home address
     7  of the person who signed the  most  recent  license  application.    The
     8  notice of impending default judgment shall advise the licensee: (a) that
     9  a  civil  penalty  was imposed on the licensee; (b) the date the penalty
    10  was imposed; (c) the amount of the civil penalty; (d) the amount of  the
    11  civil  penalty that remains unpaid as of the date of the notice; (e) the
    12  violations for which the civil penalty was imposed; and (f) that a judg-
    13  ment by default will be entered in the supreme court of  the  county  in
    14  which  the licensed premises are located, or other court of civil juris-
    15  diction or any other place provided for the  entry  of  civil  judgments
    16  within  the  state of New York unless the division receives full payment
    17  of all civil penalties due within twenty days of the date of the  notice
    18  of  impending  default  judgment.  If  full  payment shall not have been
    19  received by the division within thirty days of mailing of the notice  of
    20  impending  default  judgment,  the  division shall proceed to enter with
    21  such court a statement of the default judgment containing the amount  of
    22  the  penalty  or penalties remaining due and unpaid, along with proof of
    23  mailing of the notice of impending default judgment. The filing of  such
    24  judgment shall have the full force and effect of a default judgment duly
    25  docketed  with  such  court pursuant to the civil practice law and rules
    26  and shall in all respects  be  governed  by  that  chapter  and  may  be
    27  enforced in the same manner and with the same effect as that provided by
    28  law  in respect to execution issued against property upon judgments of a
    29  court of record. A judgment entered pursuant to this  subdivision  shall
    30  remain  in  full  force  and  effect for eight years notwithstanding any
    31  other provision of law.
    32    § 4. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
    33  law,  as  amended  by  section  3 of chapter 355 of the laws of 2013, is
    34  amended to read as follows:
    35    3. To revoke, cancel or suspend for cause any license or permit issued
    36  under this chapter and/or to impose a civil penalty  for  cause  against
    37  any  holder  of a license or permit issued pursuant to this chapter. Any
    38  civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
    39  dollars  as  against  the holder of any retail permit issued pursuant to
    40  sections ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d,  and
    41  paragraph f of subdivision one of section ninety-nine-b of this chapter,
    42  and  as  against  the  holder  of  any retail license issued pursuant to
    43  sections [fifty-two,] fifty-three-a,  fifty-four,  fifty-four-a,  fifty-
    44  five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
    45  sixty-four-c,  seventy-six-f, seventy-nine, eighty-one, and eighty-one-a
    46  of this chapter, and the sum of thirty thousand dollars as  against  the
    47  holder   of   a   license   issued  pursuant  to  sections  fifty-three,
    48  sixty-one-a, sixty-one-b, seventy-six, seventy-six-a  and  seventy-eight
    49  of this chapter, provided that the civil penalty against the holder of a
    50  wholesale license issued pursuant to section fifty-three of this chapter
    51  shall  not  exceed  the  sum of ten thousand dollars where that licensee
    52  violates provisions of this chapter during the course  of  the  sale  of
    53  beer  at  retail to a person for consumption at home, and the sum of one
    54  hundred thousand dollars as against the holder  of  any  license  issued
    55  pursuant to sections fifty-one, sixty-one and sixty-two of this chapter.
    56  Any  civil  penalty  so imposed shall be in addition to and separate and

        A. 10728                            4
 
     1  apart from the terms and provisions of the  bond  required  pursuant  to
     2  section  one  hundred twelve of this chapter. Provided that no appeal is
     3  pending on the imposition of such civil penalty, in the event such civil
     4  penalty  imposed  by  the  division remains unpaid, in whole or in part,
     5  more than forty-five days after written demand for payment has been sent
     6  by first class mail to the address of the licensed premises, a notice of
     7  impending default judgment shall be sent by  first  class  mail  to  the
     8  licensed premises and by first class mail to the last known home address
     9  of the person who signed the most recent license application. The notice
    10  of  impending  default  judgment  shall  advise the licensee: (a) that a
    11  civil penalty was imposed on the licensee; (b) the date the penalty  was
    12  imposed;  (c)  the  amount  of  the civil penalty; (d) the amount of the
    13  civil penalty that remains unpaid as of the date of the notice; (e)  the
    14  violations for which the civil penalty was imposed; and (f) that a judg-
    15  ment  by  default  will be entered in the supreme court of the county in
    16  which the licensed premises are located, or other court of civil  juris-
    17  diction,  or  any  other place provided for the entry of civil judgments
    18  within the state of New York unless the division receives  full  payment
    19  of  all civil penalties due within twenty days of the date of the notice
    20  of impending default judgment. If  full  payment  shall  not  have  been
    21  received  by the division within thirty days of mailing of the notice of
    22  impending default judgment, the division shall  proceed  to  enter  with
    23  such  court a statement of the default judgment containing the amount of
    24  the penalty or penalties remaining due and unpaid, along with  proof  of
    25  mailing  of the notice of impending default judgment. The filing of such
    26  judgment shall have the full force and effect of a default judgment duly
    27  docketed with such court pursuant to the civil practice  law  and  rules
    28  and  shall  in  all  respects  be  governed  by  that chapter and may be
    29  enforced in the same manner and with the same effect as that provided by
    30  law in respect to execution issued against property upon judgments of  a
    31  court  of  record. A judgment entered pursuant to this subdivision shall
    32  remain in full force and effect  for  eight  years  notwithstanding  any
    33  other provision of law.
    34    §  5.  The alcoholic beverage control law is amended by adding two new
    35  sections 61-a and 61-b to read as follows:
    36    § 61-a. Combined craft manufacturing license.  1.  The  authority  may
    37  issue  a  combined  craft  manufacturer's  license  to  a person for the
    38  purposes of articles four, four-a, five and six of this chapter, combin-
    39  ing the privileges of two or more farm or micro  manufacturing  licenses
    40  for use at one premises.
    41    2. The license fee for the combined license shall equal the sum of the
    42  license  fees for each of the licenses included in the combined license.
    43  Provided, however, that only one filing fee shall be  required  for  any
    44  combined license.
    45    3. The license certificate of the combined license shall set forth the
    46  licenses that are included under the combined license.
    47    4.  A  combined farm manufacturer's license may combine two or more of
    48  the following licenses: farm brewery; micro-brewery; farm  cidery;  farm
    49  winery;   micro-distillery;   micro-rectifier;   and   farm  distillery.
    50  Provided, however, that  the  licensed  premises  for  a  combined  farm
    51  manufacturer's  license  that  includes  a  farm  winery license must be
    52  located on a farm.
    53    § 61-b. Importer's license.  An importer's license shall authorize the
    54  holder thereof to import alcoholic beverages into this  state  and  sell
    55  such alcoholic beverages to licensed wholesalers authorized to sell such
    56  alcoholic beverages.

        A. 10728                            5
 
     1    §  6.  Subdivision  4  of section 63 of the alcoholic beverage control
     2  law, as amended by chapter 603 of the laws of 1992, is amended  to  read
     3  as follows:
     4    4.  No licensee under this section shall be engaged in any other busi-
     5  ness on the licensed premises. The sale of lottery  tickets,  when  duly
     6  authorized and lawfully conducted, the sale of corkscrews or the sale of
     7  ice  or  the  sale  of  publications, including prerecorded video and/or
     8  audio cassette tapes, designed to help educate consumers in their  know-
     9  ledge  and appreciation of wine and wine products, as defined in section
    10  three of this chapter,  or  the  sale  of  non-carbonated,  non-flavored
    11  mineral waters, spring waters and drinking waters or the sale of glasses
    12  designed  for the consumption of wine, racks designed for the storage of
    13  wine, and devices designed to minimize  oxidation  in  bottles  of  wine
    14  which have been uncorked, or the sale of gift bags, gift boxes, or wrap-
    15  ping,  for  alcoholic beverages purchased at the licensed premises shall
    16  not constitute engaging in another business within the meaning  of  this
    17  subdivision.
    18    §  7.  Section  66 of the alcoholic beverage control law is amended by
    19  adding a new subdivision 3-a to read as follows:
    20    3-a. The annual fee for an importer's license  shall  be  one  hundred
    21  twenty-five dollars.
    22    § 8. Subdivision 1 of section 93 of the alcoholic beverage control law
    23  is amended to read as follows:
    24    1.  No  individual  shall  offer  for sale or solicit any order in the
    25  state for the sale of any alcoholic  beverage  irrespective  of  whether
    26  such  sale is to be made within or without the state, unless such person
    27  shall have a solicitor's permit.   Provided,  however,  that  no  permit
    28  under this section shall be required for an individual who is soliciting
    29  orders  on  behalf  of  a micro-brewery, farm brewery, farm cidery, farm
    30  winery, micro-farm winery, micro-distillery,  micro-rectifier,  or  farm
    31  distillery licensed under this chapter.
    32    §  9.  Subdivision  4  of section 93 of the alcoholic beverage control
    33  law, as amended by section 12 of part Z of chapter 85  of  the  laws  of
    34  2002, is amended to read as follows:
    35    4.  Notwithstanding the foregoing provisions of this section, any duly
    36  licensed manufacturer or wholesaler may apply to  the  liquor  authority
    37  for an annual temporary solicitor's employment permit. Such permit shall
    38  authorize  such manufacturer or wholesaler to employ one or more persons
    39  as a solicitor for a period of not exceeding [sixty consecutive  working
    40  days]  six  months  provided  that within [thirty] sixty days after such
    41  employee has been employed as a solicitor such employee shall  file  his
    42  application  for  a  solicitor's  permit  with the liquor authority. The
    43  license fee for such permit shall be thirty-eight dollars per  year,  or
    44  for  any  part  thereof, and the permit shall be issued for the calendar
    45  year. Such permit and the exercise  of  the  privileges  hereby  granted
    46  thereunder,  shall  be  subject  to  such terms and conditions as may be
    47  prescribed by the liquor authority.
    48    § 10. The alcoholic beverage control law is amended by  adding  a  new
    49  section 99-h to read as follows:
    50    §  99-h.  Sunday  on-premises sales permit.   1. A permit issued under
    51  this section shall authorize a person licensed to sell alcoholic  bever-
    52  ages  for  consumption  on the premises pursuant to this chapter to sell
    53  alcoholic beverages for on-premises consumption on  Sunday  between  the
    54  hours of eight o'clock a.m. and ten o'clock a.m.
    55    2. A permit under this section shall be issued for one calendar day.

        A. 10728                            6
 
     1    3.  The  fee  for such a permit shall be twenty-five dollars, together
     2  with a filing fee of ten dollars.
     3    4.  An  applicant for a permit under this section shall provide notice
     4  to the local municipality of such application as provided in section one
     5  hundred ten-b of this chapter.
     6    5. No more than twelve permits under this section may be issued to the
     7  same licensee in any calendar year.
     8    6. A permit under this section shall not be available for any licensed
     9  premises located in a city with a population of one million or more.
    10    7. Such permit and the exercise of the privileges  granted  thereunder
    11  shall be subject to such rules that the authority may deem necessary.
    12    §  11.  Subdivisions 5 and 11 of section 105 of the alcoholic beverage
    13  control law, as amended by chapter 503 of the laws of 1984,  subdivision
    14  5  as separately amended by chapter 628 of the laws of 1984, are amended
    15  to read as follows:
    16    5. No retail licensee of liquor and/or wine for off-premises  consump-
    17  tion  shall  keep upon the licensed premises any liquors and/or wines in
    18  any cask, barrel, keg,  hogshead  or  other  container,  except  in  the
    19  original  sealed  package,  as  received from the manufacturer or whole-
    20  saler. Such containers shall have affixed thereto such labels as may  be
    21  required  by the rules of the liquor authority, together with all neces-
    22  sary federal revenue and New York state excise tax stamps,  as  required
    23  by law. Such containers shall not be opened nor its contents consumed on
    24  the  premises  where  sold,  except  for  the purpose of wine tasting or
    25  sampling by any person pursuant  to  authorization  to  conduct  such  a
    26  sampling  or  tasting  pursuant  to  subdivision  [two] three of section
    27  seventy-six of this chapter except those to whom sales are prohibited in
    28  section sixty-five of this chapter. The provisions of  this  subdivision
    29  shall  not  prohibit  a  licensed  winery or farm winery from selling or
    30  delivering wine to a consumer for off-premises consumption in a contain-
    31  er not to exceed four liters in capacity that shall have  a  temporarily
    32  secured seal for purposes of removing the wine from the premises.
    33    11. No retail licensee of liquor and/or wine for off-premises consump-
    34  tion  shall  keep  or  permit to be kept upon the licensed premises, any
    35  liquors and/or wines in any unsealed bottle or other unsealed container,
    36  except for the purpose of wine tasting or sampling by any person  pursu-
    37  ant  to  authorization to conduct such a sampling or tasting pursuant to
    38  subdivision [two] three of section seventy-six of  this  chapter  except
    39  those  to  whom sales are prohibited in section sixty-five of this chap-
    40  ter. The provisions of this subdivision shall not  prohibit  a  licensed
    41  winery  or farm winery from selling or delivering wine to a consumer for
    42  off-premises consumption in a container not to  exceed  four  liters  in
    43  capacity  that  shall  have  a  temporarily secured seal for purposes of
    44  removing the wine from the premises.
    45    § 12. Subdivision 3 and paragraph (a) of subdivision 5 of section  106
    46  of the alcoholic beverage control law, paragraph (a) of subdivision 5 as
    47  amended  by  chapter  83  of  the  laws  of 1995, are amended to read as
    48  follows:
    49    3. No retail licensee for on-premises consumption shall sell,  deliver
    50  or  give  away,  or  cause or permit or procure to be sold, delivered or
    51  given away any liquors and/or wines for  consumption  off  the  premises
    52  where  sold.  The  provisions  of  this subdivision shall not prohibit a
    53  licensed winery or farm winery from  allowing  a  patron  to  leave  the
    54  winery  or farm winery with a partially consumed bottle of wine provided
    55  that the removal of the bottle is done in  accordance  with  subdivision
    56  four of section eighty-one of this chapter.

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     1    (a) Sunday, from four ante meridiem to [twelve noon] ten o'clock a.m.,
     2  except  pursuant  to a permit issued under section ninety-nine-h of this
     3  chapter.
     4    § 13. Section 108 of the alcoholic beverage control law, as amended by
     5  chapter 419 of the laws of 1950, is amended to read as follows:
     6    § 108. Restrictions  upon  licensees. 1. No licensee except the holder
     7  of a [brewer's or distiller's license or a winery] license  to  manufac-
     8  ture  alcoholic beverages shall keep or permit to be kept or consumed on
     9  the licensed premises any alcoholic beverage except the alcoholic bever-
    10  ages which he is permitted to sell under the terms of the license issued
    11  to him.
    12    2. The provisions of subdivision one of this section shall not prohib-
    13  it a person holding a retail on-premises license and a retail  off-prem-
    14  ises  beer or beer and wine products license for an adjacent premises to
    15  transport alcoholic beverages  through  such  off-premises  location  to
    16  supply such adjacent on-premises location.
    17    § 14. Section 112 of the alcoholic beverage control law, as amended by
    18  chapter  335  of the laws of 1944, and as further amended by section 104
    19  of part A of chapter 62 of the laws of  2011,  is  amended  to  read  as
    20  follows:
    21    § 112. Bonds  of  licensees  and  permittees. The liquor authority may
    22  require the licensees and permittees of one or  more  of  the  kinds  or
    23  classes  described  in this chapter to file with it a bond to the people
    24  of the state of New York issued by a surety  company,  approved  by  the
    25  superintendent  of  financial services as to solvency and responsibility
    26  and authorized to transact business in this state, in such penal sum  as
    27  the  liquor  authority may heretofore have prescribed or hereafter shall
    28  prescribe, conditioned that such licensee or permittee will  not  suffer
    29  or  permit  any violation of the provisions of this chapter and that all
    30  fines and penalties which shall accrue, during the time the  license  or
    31  permit  shall  be in effect, will be paid, together with all costs taxed
    32  or allowed in any action or  proceeding  brought  or  instituted  for  a
    33  violation of any of the provisions of this chapter. A suit to recover on
    34  any  bond  filed  pursuant  to chapter one hundred eighty of the laws of
    35  nineteen hundred thirty-three or this chapter  may  be  brought  by  the
    36  liquor  authority  or  on relation of any party aggrieved, in a court of
    37  competent jurisdiction and in the event that the obligor named  in  such
    38  bond  has  violated any of the conditions of such bond, recovery for the
    39  penal sum of such bond may be had in favor of the people of  the  state.
    40  Notwithstanding  the  provisions  of  this  section,  no  bond  shall be
    41  required to be filed by the holder of a solicitor's permit issued  under
    42  section ninety-three of this chapter.
    43    §  15. Section 118 of the alcoholic beverage control law is amended by
    44  adding a new subdivision 5 to read as follows:
    45    5. Notwithstanding any other provision of this chapter to the  contra-
    46  ry,  a  suspension  imposed  under  this section against the holder of a
    47  license issued under section sixty-one-a  of  this  chapter  shall  only
    48  suspend  the licensed activities related to the type of alcoholic bever-
    49  age involved in the violation resulting in the suspension.
    50    § 16. The opening paragraph of section 270 of the  executive  law,  as
    51  amended  by  chapter  83  of  the  laws  of  1995, is amended to read as
    52  follows:
    53    The head of the alcoholic beverage control division shall be the state
    54  liquor authority [which] whose members shall consist of [three  members,
    55  who  shall  be known as commissioners] a chairman and two commissioners,
    56  who shall be appointed by the governor,  by  and  with  the  advice  and

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     1  consent  of the senate[, and one of whom shall be designated as chairman
     2  by the governor].
     3    §  17.  Section  273 of the executive law, as amended by chapter 83 of
     4  the laws of 1995, is amended to read as follows:
     5    § 273. Vacancies; quorum. (a) In the event  of  a  vacancy  caused  by
     6  death,   resignation,   removal   or   disability   of  [any  member]  a
     7  commissioner, the vacancy shall be filled by the governor  by  and  with
     8  the advice and consent of the senate for the unexpired term.
     9    (b)  In  the  event  of  a  vacancy  caused by the death, resignation,
    10  removal or disability of the chairman, the vacancy shall  be  filled  by
    11  the  governor  by  and with the advice and consent of the senate for the
    12  unexpired term. Notwithstanding  any  other  provision  of  law  to  the
    13  contrary, the governor shall designate one of the commissioners to serve
    14  as  acting  chairman  for  a  period not to exceed six months or until a
    15  successor chairman has been confirmed by  the  senate,  whichever  comes
    16  first.  Upon  the  expiration of the six month term, if the governor has
    17  nominated a successor chairman, but the senate has not  acted  upon  the
    18  nomination, the acting chairman can continue to serve as acting chairman
    19  for an additional ninety days or until the governor's successor chairman
    20  nomination is confirmed by the senate, whichever comes first.
    21    (c) The governor shall provide immediate written  notice to the tempo-
    22  rary  president  of  the  senate of the designation of a commissioner as
    23  acting chairman.
    24    (d) If (i) the governor has not nominated a  successor  chairman  upon
    25  the expiration of the six month term or (ii) the senate does not confirm
    26  the  governor's  successor nomination within the additional ninety days,
    27  the commissioner designated as acting chairman shall no longer  be  able
    28  to  serve as acting chairman and the governor is prohibited from extend-
    29  ing the powers of that  acting  chairman  or  from  designating  another
    30  commissioner to serve as acting chairman.
    31    (e)  A  commissioner  serving  as the acting chairman of the authority
    32  shall be deemed a state officer for purposes of section seventy-three of
    33  the public officers law.
    34    (f) A majority of the members of  the  authority  shall  constitute  a
    35  quorum for the purpose of conducting the business thereof and a majority
    36  vote  of  all  the  members  in  office  shall  be necessary for action.
    37  Provided, however, that a commissioner designated as an acting  chairman
    38  pursuant  to  subdivision  two of section fourteen of this chapter shall
    39  have only one vote for  purposes  of  conducting  the  business  of  the
    40  authority.
    41    §  18.  This  act shall take effect on the sixtieth day after it shall
    42  have become a law; provided, however, that section twelve  of  this  act
    43  shall take effect immediately; provided, further, that the amendments to
    44  section  17  of the alcoholic beverage control law made by section three
    45  of this act shall be subject to the expiration  and  reversion  of  such
    46  section  pursuant  to  section  4 of chapter 118 of the laws of 2012, as
    47  amended, when upon such date the provisions of section four of this  act
    48  shall  take  effect; and further provided that sections six and thirteen
    49  of this act shall expire and be deemed repealed three years  after  such
    50  effective date.
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