Rpld S105 subs 2 & 7, amd ABC L, generally; amd S97-jjjj, St Fin L
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.
STATE OF NEW YORK
________________________________________________________________________
S. 3 A. 3
Second Extraordinary Session
SENATE - ASSEMBLY
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 § 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 fifty-
25 four, section fifty-four-a or section seventy-nine-e of this chapter.
26 7. Any license under this section includes the privileges to sell
27 liquor to any person licensed under this chapter to sell liquor at
28 retail for consumption on the premises and wine to any person licensed
29 under this chapter to sell wine at retail for consumption on the prem-
30 ises. Such sales shall not be subject to the provisions of section one
31 hundred one-aa or section one hundred one-b of this chapter.
32 8. Every licensee under this section shall have an individual in a
33 position of management and control assigned to it who has been issued a
34 certificate of completion from an approved alcohol training awareness
35 program.
36 § 3. Subdivision 2 of section 79 of the alcoholic beverage control law
37 is amended and two new subdivisions 5 and 6 are added to read as
38 follows:
39 2. [Not more than one license shall be] Nothing in this section shall
40 be construed to prohibit multiple licenses from being granted to any
41 person under this section. Provided, however, that no more than one
42 license under this section or section sixty-three of this chapter may be
43 granted to a person holding a license issued under section fifty-four,
44 section fifty-four-a or section seventy-nine-e of this chapter.
45 5. Any license under this section includes the privileges to sell wine
46 to any person licensed under this chapter to sell wine at retail for
47 consumption on the premises or any person licensed under section seven-
48 ty-nine-e of this article, provided that such grocery or drug store wine
49 licensee's premises occupies less than one thousand square feet. Such
50 sales shall not be subject to the provisions of section one hundred
51 one-aa or section one hundred one-b of this chapter.
52 6. Every licensee under this section shall have an individual in a
53 position of management and control assigned to it who has been issued a
54 certificate of completion from an approved alcohol training awareness
55 program.
S. 3 3 A. 3
1 § 4. The alcoholic beverage control law is amended by adding a new
2 section 79-e to read as follows:
3 § 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-$499,9990.40 of one percent of total gross sales
4 $500,000-$999,9990.40 of one percent of total gross sales
5 $1,000,000-$2,499,9990.55 of one percent of total gross sales
6 $2,500,000-$4,999,9990.55 of one percent of total gross sales
7 $5,000,000-$9,999,9990.80 of one percent of total gross sales
8 $10,000,000-$24,999,9991.10 of one percent of total gross sales
9 $25,000,000-$39,999,9991.50 of one percent of total gross sales
10 $40,000,000 and greater1.70 of one percent of total gross sales
11 Warehouse stores2.0 of one percent of total gross sales
12 For the purposes of this paragraph, "total gross sales" shall not
13 include sales resulting from the sale of tobacco as defined by article
14 twenty of the tax law and motor fuel as defined by article twelve-A of
15 the tax law. For the purposes of this paragraph, notwithstanding the
16 gross sales of the applicant, an establishment that charges a membership
17 fee to its customers shall be deemed a "warehouse store".
18 (b) In the event an applicant has been in business for less than
19 twelve months prior to the filing of the application for this license,
20 such applicant shall, in accordance with the rules of the authority,
21 remit an estimate of its franchise fee based on square footage at a
22 licensee's location pursuant to the following schedule:
23 Square Footage Licensee's LocationFranchise Fee Per Location
24 0-999$ 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 § 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 § 6. The state finance law is amended by adding a new section 97-jjjj
34 to read as follows:
35 § 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 § 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 § 170. Short title. This article shall be known and may be cited as
10 the "wine market expansion medallion program".
11 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 9. Subdivision 2 of section 105 of the alcoholic beverage control
12 law is REPEALED.
13 § 10. Subdivision 7 of section 105 of the alcoholic beverage control
14 law is REPEALED.
15 § 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 § 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 § 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 seventy-
6 nine of this chapter may join in an agreement to make joint purchases of
7 liquor and/or wine in larger quantities than might otherwise be
8 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 § 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 § 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 § 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 § 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 § 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.
