Reyes, Epstein, Darling, Fernandez, Buttenschon, Colton, Simon, McDonald, Taylor, Clark, Lawler,
Morinello, Mikulin, Brown K
MLTSPNSR
Amd §§18 & 17, ABC L
Requires curriculum related to human trafficking awareness to be included in alcohol training awareness programs; requires such training to be developed in conjunction with and approved by the New York state interagency task force on human trafficking.
STATE OF NEW YORK
________________________________________________________________________
9821
IN ASSEMBLY
April 19, 2022
___________
Introduced by M. of A. JEAN-PIERRE -- read once and referred to the
Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
requiring curriculum related to human trafficking awareness to be
included in alcohol training awareness programs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 10 of section 18 of the alcoholic beverage
2 control law, as added by chapter 118 of the laws of 2012, is amended to
3 read as follows:
4 10. (a) To develop and establish minimum criteria for alcohol training
5 awareness programs which may be given and administered by schools; other
6 entities including trade associations whose members are engaged in or
7 involved in the retail sale of alcoholic beverages; national and
8 regional franchisors who have granted at least five franchises in the
9 state which are licensed to sell beer at retail for off-premises
10 consumption; licensees authorized to sell alcoholic beverages at retail
11 for off-premises consumption operating five or more licensed premises;
12 and persons interested, whether as an individual proprietor or partner
13 or officer or member of a limited liability company, in five or more
14 licensees authorized to sell alcoholic beverages at retail for off-prem-
15 ises consumption. The authority shall provide for the issuance of
16 certificates of approval to all certified alcohol training awareness
17 programs. Certificates of approval may be revoked by the authority for
18 failure to adhere to the authority's rules and regulations. Such rules
19 and regulations shall afford those who have been issued a certificate of
20 approval an opportunity for a hearing prior to any determination of
21 whether such certificate should be revoked.
22 (b) No licensee shall be required to apply for any such certificate or
23 renewal certificate and the licensee may voluntarily surrender such a
24 certificate or renewal certificate at any time. A fee in the amount of
25 nine hundred dollars shall be paid to the authority with each applica-
26 tion for a certificate of approval or renewal certificate. The authority
27 shall promptly refund such fee to an applicant whose application was
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13136-02-1
A. 9821 2
1 denied. Each certificate of approval and renewal thereof shall be issued
2 for a period of three years. To effectuate the provisions of this subdi-
3 vision, the authority is empowered to require in connection with an
4 application the submission of such information as the authority may
5 direct; to prescribe forms of applications and of all reports which it
6 deems necessary to be made by any applicant or certificate holder; to
7 conduct investigations; to require the maintenance of such books and
8 records as the authority may direct; to revoke, cancel, or suspend for
9 cause any certificate provided for in this subdivision. Each entity
10 authorized to give and administer an alcohol training awareness program
11 shall issue certificates of completion to all licensees and employees
12 who successfully complete such an approved alcohol training awareness
13 program. Such entity shall regularly transmit to the authority the
14 names, addresses and dates of attendance of all the licensees and
15 employees of licensees who successfully complete an approved alcohol
16 training awareness program. Such transmittal shall be in a form and
17 manner prescribed by the authority. The authority shall adopt rules and
18 regulations to effectuate the provisions of this subdivision, including
19 the minimum requirements for the curriculum of each such training
20 program and the regular ongoing training of employees holding certif-
21 icates of completion or renewal certificates. Such rules and regulations
22 shall include the minimum requirements for a separate curriculum for
23 licensees and their employees authorized to sell alcoholic beverages at
24 retail for off-premises consumption, minimum requirements for a separate
25 curriculum for licensees and their employees authorized to sell alcohol-
26 ic beverages at retail for on-premises consumption, and the form of a
27 certificate of completion or renewal thereof to be issued in respect to
28 each such type of program. Such rules and regulations shall include a
29 requirement that all curriculums include training related to human traf-
30 ficking awareness. Such human trafficking awareness training curriculum
31 shall be developed in conjunction with, and approved by, the New York
32 state interagency task force on human trafficking. Such human traffick-
33 ing awareness training program shall be implemented by each entity
34 authorized to give and administer an alcohol training awareness program.
35 Any such entity that does not implement a human trafficking awareness
36 program as part of its curriculum shall no longer be authorized to
37 administer any alcohol training awareness program and shall not be
38 eligible to be certified as a state liquor authority school. Any alco-
39 hol training awareness program that is currently certified by the state
40 liquor authority shall lose its certification if such program fails to
41 include human trafficking awareness training as part of its curriculum.
42 (c) A certificate of completion or renewal thereof issued by an entity
43 authorized to give and administer an alcohol training awareness program
44 pursuant to this subdivision to licensees and their employees authorized
45 to sell alcoholic beverages at retail for off-premises consumption shall
46 not be invalidated by a change of employment to another such licensee. A
47 certificate of completion or renewal thereof issued by an entity author-
48 ized to give and administer an alcohol training awareness program pursu-
49 ant to this subdivision to licensees and their employees authorized to
50 sell alcoholic beverages at retail for on-premises consumption shall not
51 be invalidated by a change of employment to another such licensee.
52 Attendance at any course established pursuant to this section shall be
53 in person, through distance learning methods, or through an internet
54 based online program.
55 § 2. Subdivision 12 of section 17 of the alcoholic beverage control
56 law, as amended by chapter 549 of the laws of 2001, the closing para-
A. 9821 3
1 graph as amended by chapter 435 of the laws of 2010, is amended to read
2 as follows:
3 12. (a) To develop and establish minimum criteria for alcohol training
4 awareness programs which may be given and administered by schools; other
5 entities including trade associations whose members are engaged in or
6 involved in the retail sale of alcoholic beverages; national and
7 regional franchisors who have granted at least five franchises in the
8 state which are licensed to sell beer at retail for off-premises
9 consumption; licensees authorized to sell alcoholic beverages at retail
10 for off-premises consumption operating five or more licensed premises;
11 and persons interested, whether as an individual proprietor or partner
12 or officer or member of a limited liability company, in five or more
13 licensees authorized to sell alcoholic beverages at retail for off-prem-
14 ises consumption. The authority shall provide for the issuance of
15 certificates of approval to all certified alcohol training awareness
16 programs. Certificates of approval may be revoked by the authority for
17 failure to adhere to the authority's rules and regulations. Such rules
18 and regulations shall afford those who have been issued a certificate of
19 approval an opportunity for a hearing prior to any determination of
20 whether such certificate should be revoked.
21 (b) No licensee shall be required to apply for any such certificate or
22 renewal certificate and the licensee may voluntarily surrender such a
23 certificate or renewal certificate at any time. A fee in the amount of
24 nine hundred dollars shall be paid to the authority with each applica-
25 tion for a certificate of approval or renewal certificate. The authority
26 shall promptly refund such fee to an applicant whose application was
27 denied. Each certificate of approval and renewal thereof shall be issued
28 for a period of three years. To effectuate the provisions of this subdi-
29 vision, the authority is empowered to require in connection with an
30 application the submission of such information as the authority may
31 direct; to prescribe forms of applications and of all reports which it
32 deems necessary to be made by any applicant or certificate holder; to
33 conduct investigations; to require the maintenance of such books and
34 records as the authority may direct; to revoke, cancel, or suspend for
35 cause any certificate provided for in this subdivision. Each entity
36 authorized to give and administer an alcohol training awareness program
37 shall issue certificates of completion to all licensees and employees
38 who successfully complete such an approved alcohol training awareness
39 program. Such entity shall regularly transmit to the authority the
40 names, addresses and dates of attendance of all the licensees and
41 employees of licensees who successfully complete an approved alcohol
42 training awareness program. Such transmittal shall be in a form and
43 manner prescribed by the authority. The authority shall adopt rules and
44 regulations to effectuate the provisions of this subdivision, including
45 the minimum requirements for the curriculum of each such training
46 program and the regular ongoing training of employees holding certif-
47 icates of completion or renewal certificates. Such rules and regulations
48 shall include the minimum requirements for a separate curriculum for
49 licensees and their employees authorized to sell alcoholic beverages at
50 retail for off-premises consumption, minimum requirements for a separate
51 curriculum for licensees and their employees authorized to sell alcohol-
52 ic beverages at retail for on-premises consumption, and the form of a
53 certificate of completion or renewal thereof to be issued in respect to
54 each such type of program. Such rules and regulations shall include a
55 requirement that all curriculums include training related to human traf-
56 ficking awareness. Such human trafficking awareness training curriculum
A. 9821 4
1 shall be developed in conjunction with, and approved by, the New York
2 state interagency task force on human trafficking. Such human traffick-
3 ing awareness training program shall be implemented by each entity
4 authorized to give and administer an alcohol training awareness program.
5 Any such entity that does not implement a human trafficking awareness
6 program as part of its curriculum shall no longer be authorized to
7 administer any alcohol training awareness program and shall not be
8 eligible to be certified as a state liquor authority school. Any alco-
9 hol training awareness program that is currently certified by the state
10 liquor authority shall lose its certification if such program fails to
11 include human trafficking awareness training as part of its curriculum.
12 (c) A certificate of completion or renewal thereof issued by an entity
13 authorized to give and administer an alcohol training awareness program
14 pursuant to this subdivision to licensees and their employees authorized
15 to sell alcoholic beverages at retail for off-premises consumption shall
16 not be invalidated by a change of employment to another such licensee. A
17 certificate of completion or renewal thereof issued by an entity author-
18 ized to give and administer an alcohol training awareness program pursu-
19 ant to this subdivision to licensees and their employees authorized to
20 sell alcoholic beverages at retail for on-premises consumption shall not
21 be invalidated by a change of employment to another such licensee.
22 Attendance at any course established pursuant to this section shall be
23 in person, through distance learning methods, or through an internet
24 based online program.
25 § 3. This act shall take effect on the thirtieth day after it shall
26 have become a law, provided, however, that the amendments to subdivision
27 10 of section 18 of the alcoholic beverage control law made by section
28 one of this act shall not affect the expiration of such subdivision and
29 shall be deemed to expire therewith; and provided further that section
30 two of this act shall take effect on the same date as the reversion of
31 subdivision 12 of section 17 of the alcoholic beverage control law as
32 provided in section 4 of chapter 118 of the laws of 2012, as amended.
33 Effective immediately, the addition, amendment and/or repeal of any rule
34 or regulation necessary for the implementation of this act on its effec-
35 tive date are authorized and directed to be made and completed on or
36 before such effective date.
