Rpld §17 sub 12, §18 sub 10, add §§18-a & 106-c, amd §§65, 109, 110 & 110-b, ABC L
Relates to the training of applicants, licensees, and servers of alcoholic beverages; repeals certain provisions and adds a new section of alcohol training awareness programs; includes required training for on-premises licensees and employees, among other stipulations to increase awareness.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A775
SPONSOR: Cahill TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to the
training of applicants, licensees and servers of alcoholic beverages;
and to repeal certain provisions of such law relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
To require all licensees for on premise alcohol consumption to pay for
and require that all licensees, servers, ID checkers, security person-
nel, and supervisors thereof to complete an Alcohol Training Awareness
Program approved by the State Liquor Authority.
SUMMARY OF PROVISIONS:
Sections 1 would repeal subdivision 12 of section 17 of the alcoholic
beverage control law, as amended by chapter 549 of the laws of 2001.
Section 2 would repeal subdivision 10 of section 18 of the alcoholic
beverage control law.
Section 3 would amend the alcoholic beverage control law to add a new
section 18-a to require the chairman of the State Liquor Authority to
establish rules for a retail licensee alcohol training awareness program
and outlines what must be included in those rules.
Sections 4 and 5 would amend subdivisions (6) and (7) of section 65 of
the alcoholic beverage control law to allow participation in the Alcohol
Training Awareness Program (ATAP) to be used as an affirmative defense
at the time of a violation if the defendant held a valid certificate of
completion from an ATAP.
Section 6 would amend the alcoholic beverage control law to add a new
section 106-c to require that a licensee hold a certificate and that
they shall not employ a server, ID checker, security person, or a super-
visor of any of these people unless they are certified.
Sections 7 and 8 would amend section 109 and 110 of the alcoholic bever-
age control law to prevent an application for license from being renewed
unless the applicant submits proof of compliance with the ATAP training
certificate law.
Section 9 would amend subdivision 7 of section 110-b of the alcoholic
beverage control law to require the notification form to municipalities
include a statement that a licensee applicant is in compliance with this
article.
Section 10 would provide the effective date.
JUSTIFICATION:
The SLA currently certifies ATAP training programs and current Liquor
Law has benefits for those License holders who choose to become certi-
fied.
This law would require all license holders for on premise consumption to
become certified themselves and have many of their employees certified
in order to better protect servers from civil lawsuits, public from
intoxicated drivers, and prevent underage drinking.
PRIOR LEGISLATIVE HISTORY:
2019-2020: A.490 - Referred to Economic Development
2017-2018: A.131 - Referred to Economic Development
2015-2016: A.1164 - Referred to Economic Development
2013-2014: A.9822 - Referred to Economic Development
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
775
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. CAHILL -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to the
training of applicants, licensees and servers of alcoholic beverages;
and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 12 of section 17 of the alcoholic beverage
2 control law, as amended by chapter 549 of the laws of 2001, is REPEALED.
3 § 2. Subdivision 10 of section 18 of the alcoholic beverage control
4 law is REPEALED.
5 § 3. The alcoholic beverage control law is amended by adding a new
6 section 18-a to read as follows:
7 § 18-a. Alcohol training awareness programs. 1. The chairman shall
8 develop and establish minimum criteria for retail licensee alcohol
9 training awareness programs and server alcohol awareness.
10 (a) Such criteria shall include the minimum requirements for the
11 curriculum of license and server training programs. There shall be sepa-
12 rate server training programs for employees of on-premises and off-prem-
13 ises retail licensees.
14 (b) Such criteria shall include the form of a certificate of
15 completion or renewal thereof to be issued in respect to each such type
16 of program.
17 (c) Retail licensee programs shall include, but shall not be limited
18 to, training on the prevention of sales and service of alcoholic bever-
19 ages to persons under the age of twenty-one and intoxicated patrons, and
20 operating the licensed premises in compliance with this chapter and the
21 rules of the authority.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01592-01-1
A. 775 2
1 (d) Server programs shall include, but shall not be limited to, train-
2 ing on the prevention of sales and service of alcoholic beverages to
3 persons under the age of twenty-one and intoxicated patrons.
4 2. Such programs may be given and administered by the authority or any
5 person, partnership, limited liability company or corporation that has
6 been issued a certificate of approval by the authority.
7 3. The authority shall provide for the training of, and issuance of
8 certificates of approval to, all certified training providers.
9 (a) Certificates of approval may be revoked by the authority for fail-
10 ure to adhere to the authority's rules and regulations. Such rules and
11 regulations shall afford those who have been issued a certificate of
12 approval an opportunity for a hearing prior to any determination of
13 whether such certificate should be revoked.
14 (b) A fee in the amount of nine hundred dollars shall be paid to the
15 authority with each application for a certificate of approval or a
16 renewal certificate. The authority shall promptly refund such fee to an
17 applicant whose application was denied.
18 (c) Each certificate of approval or renewal thereof shall be issued
19 for a period of three years.
20 4. The certified training provider shall issue certificates of
21 completion to all participants who successfully complete an approved
22 program.
23 (a) Each certificate of completion shall be valid for a period of
24 three years from the date of the training program.
25 (b) Attendance at any training program established pursuant to this
26 section shall be in person, through long distance learning methods, or
27 through an internet-based online program.
28 (c) The authority or the certified training provider may charge a fee
29 not to exceed one hundred dollars to a participant for any licensee
30 program; and twenty-five dollars to a participant for any server
31 program.
32 (d) Each certified training provider shall transmit a quarterly report
33 to the authority with the names, addresses and dates of attendance of
34 all the individuals who successfully completed an approved program. Such
35 transmittal shall be in a form and manner prescribed by the authority.
36 5. A certificate of completion issued by a certified training provider
37 administering a server training awareness program pursuant to this
38 section:
39 (a) to employees of licensees authorized to sell alcoholic beverages
40 at retail for off-premises consumption shall not be invalidated by a
41 change of employment to another such licensee; and
42 (b) to employees of licenses authorized to sell alcoholic beverages at
43 retail for on-premises consumption shall not be invalidated by a change
44 of employment to another such licensee.
45 6. To effectuate the provisions of this section, the authority is
46 empowered to require in connection with an application the submission of
47 such information as the authority may direct; to prescribe forms of
48 applications and of all reports which it deems necessary to be made by
49 any applicant or certificate holder; to conduct investigations; to
50 require the maintenance of such books and records as the authority may
51 direct; to revoke, cancel, or suspend for cause any certificate provided
52 for in this section; and to promulgate such rules as may be necessary to
53 carry out the purpose of this section.
54 § 4. Paragraph (b) of subdivision 6 of section 65 of the alcoholic
55 beverage control law, as amended by chapter 435 of the laws of 2010, is
56 amended to read as follows:
A. 775 3
1 (b) it shall be an affirmative defense that at the time of such
2 violation such person who committed such alleged violation held a valid
3 certificate of completion [or renewal] from [an entity authorized to
4 give and administer an] a certified training provider for a licensee or
5 server alcohol training awareness program [pursuant to subdivision
6 twelve of] as provided for in section [seventeen] eighteen-a of this
7 chapter. Such licensee shall have diligently implemented and complied
8 with all of the provisions of the approved training program. In such
9 proceeding to revoke, cancel or suspend a license pursuant to section
10 one hundred eighteen of this chapter, the licensee must prove each
11 element of such affirmative defense by a preponderance of the credible
12 evidence. Evidence of three unlawful sales of alcoholic beverages by
13 any employee of a licensee to persons under twenty-one years of age,
14 within a two year period, shall be considered by the authority in deter-
15 mining whether the licensee had diligently implemented such an approved
16 program.
17 § 5. Subdivision 7 of section 65 of the alcoholic beverage control
18 law, as added by chapter 435 of the laws of 2010, is amended to read as
19 follows:
20 7. In any proceeding pursuant to section one hundred eighteen of this
21 chapter to revoke, cancel or suspend a license to sell alcoholic bever-
22 ages, in which proceeding a charge is sustained that a person violated
23 subdivision one or two of this section and the licensee has not had any
24 adjudicated violation of this chapter at the licensed premises where the
25 violation occurred within the previous five year period; and
26 (a) at the time of such violation the person that committed such
27 violation held a valid certificate of completion [or renewal] from [an
28 entity authorized to give and administer an] a certified training
29 provider for a licensee or server alcohol training awareness program
30 [pursuant to subdivision twelve of] as provided for in section [seven-
31 teen] eighteen-a of this chapter, the civil penalty related to such
32 offense shall be recovery of, as provided for in section one hundred
33 twelve of this chapter, the penal sum of the bond on file during the
34 period in which the violation took place; or
35 (b) at the time of such violation the licensee has not had any adjudi-
36 cated violations of this chapter at the licensed premises where the
37 violation occurred within the previous five year period, any civil
38 penalty imposed shall be reduced by twenty-five percent if the licensee
39 submits written proof, within ninety days of the imposition of such
40 civil penalty, that all of the licensee's employees involved in the
41 direct sale or service of alcoholic beverages to the public at the
42 licensed premises where the violation occurred have obtained a valid
43 certificate of completion [or renewal] from [an entity authorized to
44 give and administer an] a certified training provider for a licensee or
45 server alcohol training awareness program [pursuant to subdivision
46 twelve of] as provided for in section [seventeen] eighteen-a of this
47 chapter.
48 For the purposes of this subdivision, the five year period shall be
49 measured from the dates that the violations occurred.
50 § 6. The alcoholic beverage control law is amended by adding a new
51 section 106-c to read as follows:
52 § 106-c. Required training for on-premises licensees and employees. 1.
53 Every licensee holding a license under section fifty-five, fifty-five-a,
54 eighty-one, eighty-one-a, sixty-four, sixty-four-a, sixty-four-b,
55 sixty-four-c or sixty-four-d of this chapter shall have a person who
56 holds a valid certificate of completion from an approved licensee alco-
A. 775 4
1 hol awareness training program as provided for in section eighteen-a of
2 this chapter.
3 (a) in the case of an individual holding a license, such person shall
4 be the licensee;
5 (b) in the case of a partnership holding a license, such person shall
6 be one of the partners;
7 (c) in the case of a corporation holding a license, such person shall
8 be one of the officers or directors; and
9 (d) in the case of a limited liability company, such person shall be
10 one of the members.
11 2. (a) No licensee holding a license under section fifty-five, fifty-
12 five-a, eighty-one, eighty-one-a, sixty-four, sixty-four-a,
13 sixty-four-b, sixty-four-c or sixty-four-d of this chapter shall employ
14 a person to perform any of the following duties unless such person holds
15 a valid certificate of completion from an approved server alcohol aware-
16 ness training program as provided for in section eighteen-a of this
17 chapter:
18 (i) any person who sells or serves alcoholic beverages to patrons of
19 the licensed premises;
20 (ii) any person who checks identification of patrons in or entering
21 the licensed premises;
22 (iii) any person providing security in or about the licensed premises;
23 (iv) any person who supervises persons performing the duties set forth
24 in subparagraph (i), (ii) or (iii) of this paragraph.
25 (b) For purposes of this subdivision, "employ" shall include persons
26 employed directly by the licensee and any other person directly or indi-
27 rectly hired or retained to perform services for the licensee.
28 (c) The provisions of this subdivision shall not apply to any person
29 who has been directly employed by the licensee for less than sixty days.
30 § 7. Section 109 of the alcoholic beverage control law is amended by
31 adding a new subdivision 3 to read as follows:
32 3. No application for the renewal of a license under section fifty-
33 five, fifty-five-a, eighty-one, eighty-one-a, sixty-four, sixty-four-a,
34 sixty-four-b, sixty-four-c or sixty-four-d of this chapter shall be
35 approved unless the licensee submits proof of compliance with the
36 provisions of subdivision one of section one hundred six-c of this arti-
37 cle.
38 § 8. Section 110 of the alcoholic beverage control law is amended by
39 adding a new subdivision 3-a to read as follows:
40 3-a. No application for a license under section fifty-five, fifty-
41 five-a, eighty-one, eighty-one-a, sixty-four, sixty-four-a,
42 sixty-four-b, sixty-four-c or sixty-four-d of this chapter shall be
43 approved unless the licensee submits proof of compliance with the
44 provisions of subdivision one of section one hundred six-c of this arti-
45 cle.
46 § 9. Subdivision 7 of section 110-b of the alcoholic beverage control
47 law, as amended by chapter 560 of the laws of 2011, is amended to read
48 as follows:
49 7. The liquor authority shall require such notification to be on a
50 standardized form that can be obtained on the internet or from the
51 liquor authority and such notification to include:
52 (a) the trade name or "doing business as" name, if any, of the estab-
53 lishment;
54 (b) the full name of the applicant;
55 (c) the street address of the establishment, including the floor
56 location or room number, if applicable;
A. 775 5
1 (d) the mailing address of the establishment, if different than the
2 street address;
3 (e) the name, address and telephone number of the attorney or repre-
4 sentative of the applicant, if any;
5 (f) a statement indicating whether the application is for:
6 (i) a new establishment;
7 (ii) a transfer of an existing licensed business;
8 (iii) a renewal of an existing license; or
9 (iv) an alteration of an existing licensed premises;
10 (g) if the establishment is a transfer or previously licensed prem-
11 ises, the name of the old establishment and such establishment's license
12 serial number;
13 (h) in the case of a renewal or alteration application, the license
14 serial number of the applicant; [and]
15 (i) the type of license[.]; and
16 (j) a statement that the applicant is in compliance with the
17 provisions of subdivision one of section one hundred six-c of this arti-
18 cle.
19 § 10. This act shall take effect on the one hundred eightieth day
20 after it shall have become a law.
