STATE OF NEW YORK
________________________________________________________________________
7529
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
establishing a brand owner's license
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 17 of the alcoholic beverage
2 control law, as amended by section 8 of chapter 522 of the laws of 2018,
3 is amended to read as follows:
4 3. To revoke, cancel or suspend for cause any license or permit issued
5 under this chapter and/or to impose a civil penalty for cause against
6 any holder of a license or permit issued pursuant to this chapter. Any
7 civil penalty so imposed shall not exceed the sum of ten thousand
8 dollars as against the holder of any retail permit issued pursuant to
9 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
10 paragraph f of subdivision one of section ninety-nine-b of this chapter,
11 and as against the holder of any retail license issued pursuant to
12 sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty-
13 five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
14 sixty-four-c, seventy-six-f, seventy-nine, eighty-one and eighty-one-a
15 of this chapter, and the sum of thirty thousand dollars as against the
16 holder of a license issued pursuant to sections thirty, thirty-one,
17 fifty-three, sixty-one-a, sixty-one-b, sixty-one-c, seventy-six, seven-
18 ty-six-a, and seventy-eight of this chapter, provided that the civil
19 penalty against the holder of a wholesale license issued pursuant to
20 section fifty-three of this chapter shall not exceed the sum of ten
21 thousand dollars where that licensee violates provisions of this chapter
22 during the course of the sale of beer at retail to a person for consump-
23 tion at home, and the sum of one hundred thousand dollars as against the
24 holder of any license issued pursuant to sections fifty-one, sixty-one,
25 and sixty-two of this chapter. Any civil penalty so imposed shall be in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11143-02-3
A. 7529 2
1 addition to and separate and apart from the terms and provisions of the
2 bond required pursuant to section one hundred twelve of this chapter.
3 Provided that no appeal is pending on the imposition of such civil
4 penalty, in the event such civil penalty imposed by the division remains
5 unpaid, in whole or in part, more than forty-five days after written
6 demand for payment has been sent by first class mail to the address of
7 the licensed premises, a notice of impending default judgment shall be
8 sent by first class mail to the licensed premises and by first class
9 mail to the last known home address of the person who signed the most
10 recent license application. The notice of impending default judgment
11 shall advise the licensee: (a) that a civil penalty was imposed on the
12 licensee; (b) the date the penalty was imposed; (c) the amount of the
13 civil penalty; (d) the amount of the civil penalty that remains unpaid
14 as of the date of the notice; (e) the violations for which the civil
15 penalty was imposed; and (f) that a judgment by default will be entered
16 in the supreme court of the county in which the licensed premises are
17 located, or other court of civil jurisdiction or any other place
18 provided for the entry of civil judgments within the state of New York
19 unless the division receives full payment of all civil penalties due
20 within twenty days of the date of the notice of impending default judg-
21 ment. If full payment shall not have been received by the division with-
22 in thirty days of mailing of the notice of impending default judgment,
23 the division shall proceed to enter with such court a statement of the
24 default judgment containing the amount of the penalty or penalties
25 remaining due and unpaid, along with proof of mailing of the notice of
26 impending default judgment. The filing of such judgment shall have the
27 full force and effect of a default judgment duly docketed with such
28 court pursuant to the civil practice law and rules and shall in all
29 respects be governed by that chapter and may be enforced in the same
30 manner and with the same effect as that provided by law in respect to
31 execution issued against property upon judgments of a court of record. A
32 judgment entered pursuant to this subdivision shall remain in full force
33 and effect for eight years notwithstanding any other provision of law.
34 § 2. Subdivision 3 of section 17 of the alcoholic beverage control
35 law, as amended by section 9 of chapter 522 of the laws of 2018, is
36 amended to read as follows:
37 3. To revoke, cancel or suspend for cause any license or permit issued
38 under this chapter and/or to impose a civil penalty for cause against
39 any holder of a license or permit issued pursuant to this chapter. Any
40 civil penalty so imposed shall not exceed the sum of ten thousand
41 dollars as against the holder of any retail permit issued pursuant to
42 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
43 paragraph f of subdivision one of section ninety-nine-b of this chapter,
44 and as against the holder of any retail license issued pursuant to
45 sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty-
46 five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
47 sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and eighty-one-a
48 of this chapter, and the sum of thirty thousand dollars as against the
49 holder of a license issued pursuant to sections thirty, thirty-one,
50 fifty-three, sixty-one-a, sixty-one-b, sixty-one-c, seventy-six, seven-
51 ty-six-a and seventy-eight of this chapter, provided that the civil
52 penalty against the holder of a wholesale license issued pursuant to
53 section fifty-three of this chapter shall not exceed the sum of ten
54 thousand dollars where that licensee violates provisions of this chapter
55 during the course of the sale of beer at retail to a person for consump-
56 tion at home, and the sum of one hundred thousand dollars as against the
A. 7529 3
1 holder of any license issued pursuant to sections fifty-one, sixty-one
2 and sixty-two of this chapter. Any civil penalty so imposed shall be in
3 addition to and separate and apart from the terms and provisions of the
4 bond required pursuant to section one hundred twelve of this chapter.
5 Provided that no appeal is pending on the imposition of such civil
6 penalty, in the event such civil penalty imposed by the division remains
7 unpaid, in whole or in part, more than forty-five days after written
8 demand for payment has been sent by first class mail to the address of
9 the licensed premises, a notice of impending default judgment shall be
10 sent by first class mail to the licensed premises and by first class
11 mail to the last known home address of the person who signed the most
12 recent license application. The notice of impending default judgment
13 shall advise the licensee: (a) that a civil penalty was imposed on the
14 licensee; (b) the date the penalty was imposed; (c) the amount of the
15 civil penalty; (d) the amount of the civil penalty that remains unpaid
16 as of the date of the notice; (e) the violations for which the civil
17 penalty was imposed; and (f) that a judgment by default will be entered
18 in the supreme court of the county in which the licensed premises are
19 located, or other court of civil jurisdiction, or any other place
20 provided for the entry of civil judgments within the state of New York
21 unless the division receives full payment of all civil penalties due
22 within twenty days of the date of the notice of impending default judg-
23 ment. If full payment shall not have been received by the division with-
24 in thirty days of mailing of the notice of impending default judgment,
25 the division shall proceed to enter with such court a statement of the
26 default judgment containing the amount of the penalty or penalties
27 remaining due and unpaid, along with proof of mailing of the notice of
28 impending default judgment. The filing of such judgment shall have the
29 full force and effect of a default judgment duly docketed with such
30 court pursuant to the civil practice law and rules and shall in all
31 respects be governed by that chapter and may be enforced in the same
32 manner and with the same effect as that provided by law in respect to
33 execution issued against property upon judgments of a court of record. A
34 judgment entered pursuant to this subdivision shall remain in full force
35 and effect for eight years notwithstanding any other provision of law.
36 § 3. The alcoholic beverage control law is amended by adding a new
37 section 61-c to read as follows:
38 § 61-c. Brand owner's license. Any person with a federal basic permit
39 may apply to the liquor authority for a brand owner's license. Such
40 license shall authorize the holder thereof to:
41 1. contract with a licensed manufacturer of alcoholic beverages in
42 this state for the purposes of manufacturing such products;
43 2. appoint a licensed wholesaler authorized to sell and deliver alco-
44 holic beverages in this state as exclusive brand agent for the purposes
45 of soliciting, negotiating, and receiving payments for the sale of alco-
46 holic beverages to retail licensees for on-premises or off-premises
47 consumption; and
48 3. sell such alcoholic beverages to licensed wholesalers authorized to
49 sell and deliver alcoholic beverages in this state appointed as exclu-
50 sive brand agent and be remitted payments for such sales.
51 § 4. Section 66 of the alcoholic beverage control law is amended by
52 adding a new subdivision 3-b to read as follows:
53 3-b. The annual fee for a brand owner's license shall be one hundred
54 twenty-five dollars.
55 § 5. This act shall take effect immediately; provided, however, that
56 the amendments to subdivision 3 of section 17 of the alcoholic beverage
A. 7529 4
1 control law made by section one of this act shall be subject to the
2 expiration and reversion of such section pursuant to section 4 of chap-
3 ter 118 of the laws of 2012, as amended, when upon such date section two
4 of this act shall take effect.
