Relates to establishing ten regional offices to oversee the state liquor authority; establishes a five member advisory board within each office to oversee each office; provides members of each advisory board will be appointed by the governor, temporary president of the senate and speaker of the assembly.
STATE OF NEW YORK
________________________________________________________________________
7642
IN SENATE
February 2, 2018
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the alcoholic beverage control law, in relation to
establishing ten regional offices to oversee the state liquor authori-
ty
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 6 and 15 of section 3 of the alcoholic bever-
2 age control law, subdivision 6 as amended by chapter 83 of the laws of
3 1995, are amended to read as follows:
4 6. "Board" or "local board" or "appropriate board" or "board having
5 jurisdiction" shall mean the regional office of the state liquor author-
6 ity having jurisdiction.
7 15. "Liquor authority" and "authority" mean the regional office of the
8 state liquor authority having jurisdiction as provided for in this chap-
9 ter.
10 § 2. Section 10 of the alcoholic beverage control law, as amended by
11 chapter 297 of the laws of 2016, is amended to read as follows:
12 § 10. State liquor authority. 1. There shall continue to be in the
13 executive department an alcoholic beverage control division, the head of
14 which shall be the state liquor authority [whose members shall consist
15 of a chairman and two commissioners, all of whom shall be citizens and
16 residents of the state] which shall consist of ten regional offices
17 having jurisdiction over the following counties:
18 (a) Western New York, consisting of Allegany, Cattaraugus, Chautauqua,
19 Erie and Niagara counties;
20 (b) Finger Lakes, consisting of Genesee, Livingston, Monroe, Ontario,
21 Orleans, Seneca, Wayne, Wyoming and Yates counties;
22 (c) Southern Tier, consisting of Broome, Chemung, Chenango, Delaware,
23 Schuyler, Steuben, Tioga and Tompkins counties;
24 (d) Central New York, consisting of Cayuga, Cortland, Madison, Ononda-
25 ga and Oswego counties;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14311-01-8
S. 7642 2
1 (e) Mohawk Valley, consisting of Fulton, Herkimer, Montgomery, Oneida,
2 Otsego and Schoharie counties;
3 (f) North Country, consisting of Clinton, Essex, Franklin, Hamilton,
4 Jefferson, Lewis and St. Lawrence counties;
5 (g) Capital Region, consisting of Albany, Columbia, Greene, Saratoga,
6 Schenectady, Rensselaer, Warren and Washington counties;
7 (h) Mid-Hudson, consisting of Dutchess, Orange, Putnam, Rockland,
8 Sullivan, Ulster and Westchester counties;
9 (i) New York City, consisting of Bronx, Kings, New York, Richmond and
10 Queens counties; and
11 (j) Long Island, consisting of Nassau and Suffolk counties.
12 2. The terms "state alcoholic beverage control board", "state board",
13 "liquor authority", or "authority", wherever occurring in any of the
14 provisions of this chapter or of any other law, or in any official
15 books, records, instruments, rules or papers, shall hereafter mean and
16 refer to the state liquor authority regional office having jurisdiction
17 as provided for in this section.
18 § 3. Section 11 of the alcoholic beverage control law, as amended by
19 section 2 of part E of chapter 57 of the laws of 2011, is amended to
20 read as follows:
21 § 11. Appointment of authority. The [members of the authority shall be
22 appointed by the governor by and with the advice and consent of the
23 senate] head of each regional office shall be an advisory board consist-
24 ing of five members. One member shall be appointed by the governor, two
25 members shall be appointed by the temporary president of the senate and
26 two members shall be appointed by the speaker of the assembly. Each
27 member shall be a resident of the region in which he or she is
28 appointed. Not more than [two] three members of the authority shall
29 belong to the same political party. [The chairman of the state alcoholic
30 beverage control board heretofore appointed and designated by the gover-
31 nor and the remaining members of such board heretofore appointed by the
32 governor shall continue to serve as chairman and members of the authori-
33 ty until the expiration of the respective terms for which they were
34 appointed. Upon the expiration of such respective terms the successors
35 of such chairman and members] Members of each advisory board shall be
36 appointed to serve for a term of three years each and until their
37 successors have been appointed [and qualified]. The [commissioners,
38 other than the chairman] members of each advisory board shall, when
39 performing the work of the authority, be compensated at a rate of two
40 hundred sixty dollars per day, together with an allowance for actual and
41 necessary expenses incurred in the discharge of their duties. [The
42 chairman shall receive an annual salary established in section one
43 hundred sixty-nine of the executive law.]
44 § 4. Section 12 of the alcoholic beverage control law, as amended by
45 chapter 358 of the laws of 1961, is amended to read as follows:
46 § 12. Expenses. Each member of the advisory boards of the regional
47 offices of the authority shall be entitled to his or her expenses actu-
48 ally and necessarily incurred by him or her in the performance of his or
49 her duties.
50 § 5. Section 13 of the alcoholic beverage control law is amended to
51 read as follows:
52 § 13. Removal. Any member of the advisory boards of the regional
53 offices of the authority may be removed by the [governor] appointing
54 authority for cause after an opportunity to be heard. A statement of the
55 cause of his or her removal shall be filed by the [governor] appointing
56 authority in the office of the secretary of state.
S. 7642 3
1 § 6. Section 14 of the alcoholic beverage control law, as amended by
2 chapter 297 of the laws of 2016, is amended to read as follows:
3 § 14. Vacancies; quorum. 1. In the event of a vacancy caused by the
4 death, resignation, removal or disability of any [commissioner] member
5 of an advisory board, the vacancy shall be filled by the [governor by
6 and with the advice and consent of the senate] appointing authority for
7 the unexpired term.
8 2. [(a) In the event of a vacancy caused by the death, resignation,
9 removal, or disability of the chairman, the vacancy shall be filled by
10 the governor by and with the advice and consent of the senate for the
11 unexpired term. Notwithstanding any other provision of law to the
12 contrary, the governor shall designate one of the commissioners to serve
13 as acting chairman for a period not to exceed six months or until a
14 successor chairman has been confirmed by the senate, whichever comes
15 first. Upon the expiration of the six month term, if the governor has
16 nominated a successor chairman, but the senate has not acted upon the
17 nomination, the acting chairman can continue to serve as acting chairman
18 for an additional ninety days or until the governor's successor chairman
19 nomination is confirmed by the senate, whichever comes first.
20 (b) The governor shall provide immediate written notice to the tempo-
21 rary president of the senate of the designation of a commissioner as
22 acting chairman.
23 (c) If (i) the governor has not nominated a successor chairman upon
24 the expiration of the six month term or (ii) the senate does not confirm
25 the governor's successor nomination within the additional ninety days,
26 the commissioner designated as acting chairman shall no longer be able
27 to serve as acting chairman and the governor is prohibited from extend-
28 ing the powers of that acting chairman or from designating another
29 commissioner to serve as acting chairman.
30 (d) A commissioner serving as the acting chairman of the authority
31 shall be deemed a state officer for purposes of section seventy-three of
32 the public officers law.
33 3.] A majority of the members of [the authority] an advisory board
34 shall constitute a quorum for the purpose of conducting the business
35 thereof and a majority vote of all the members [in office] of an advi-
36 sory board shall be necessary for action. [Provided, however, that a
37 commissioner designated as an acting chairman pursuant to subdivision
38 two of section fourteen of this chapter shall have only one vote for
39 purposes of conducting the business of the authority.]
40 § 7. Section 15 of the alcoholic beverage control law, as amended by
41 chapter 118 of the laws of 2012, is amended to read as follows:
42 § 15. Officers; employees; offices. Investigators employed by the
43 authority shall be deemed to be peace officers for the purpose of
44 enforcing the provisions of this chapter or [judgements] judgments or
45 orders obtained for violation thereof, with all the powers set forth in
46 section 2.20 of the criminal procedure law. The counsel, secretary,
47 chief executive officer, assistant chief executive officers, confiden-
48 tial secretaries to [commissioners and deputies] the advisory boards of
49 the regional offices of the authority shall be in the exempt class of
50 the civil service. The other assistants, investigators and employees of
51 the authority shall all be in the competitive class of the civil
52 service. [The authority shall continue to have its principal office in
53 the city of Albany, and may maintain a branch office in the cities of
54 New York and Buffalo and such other places as the chairman may deem
55 necessary.]
S. 7642 4
1 § 8. Section 15 of the alcoholic beverage control law, as amended by
2 chapter 83 of the laws of 1995 and the second undesignated paragraph as
3 amended by section 1 of part F of chapter 411 of the laws of 1999, is
4 amended to read as follows:
5 § 15. Officers; employees; offices. The advisory boards of the
6 regional offices of the authority shall have power to appoint any neces-
7 sary deputies, counsels, assistants, investigators, and other employees
8 within the limits provided by appropriation. Investigators so employed
9 by the [Authority] authority shall be deemed to be peace officers for
10 the purpose of enforcing the provisions of [the alcoholic beverage
11 control law] this chapter or [judgements] judgments or orders obtained
12 for violation thereof, with all the powers set forth in section 2.20 of
13 the criminal procedure law. The counsel, secretary, chief executive
14 officer, assistant chief executive officers, confidential secretaries to
15 [commissioners and deputies] the advisory boards of the regional offices
16 of the authority shall be in the exempt class of the civil service. The
17 other assistants, investigators and employees of the authority shall all
18 be in the competitive class of the civil service. [The authority shall
19 continue to have its principal office in the city of Albany, and may
20 maintain a branch office in the cities of New York and Buffalo and such
21 other places as it may deem necessary.]
22 The authority shall establish appropriate procedures to insure that
23 hearing officers are shielded from ex parte communications with alleged
24 violators and their attorneys and from other employees of the authority
25 and shall take such other steps as it shall deem necessary and proper to
26 shield its judicial processes from unwarranted and inappropriate commu-
27 nications and attempts to influence.
28 § 9. Section 16 of the alcoholic beverage control law, as amended by
29 chapter 731 of the laws of 1971, is amended to read as follows:
30 § 16. Disqualification of members and employees of authority. No
31 member of an advisory board of a regional office of the authority or any
32 officer, deputy, assistant, inspector or employee thereof shall have any
33 interest, direct or indirect, either proprietary or by means of any
34 loan, mortgage or lien, or in any other manner, in or on any premises
35 where alcoholic beverages are manufactured or sold; nor shall he have
36 any interest, direct or indirect, in any business wholly or partially
37 devoted to the manufacture, sale, transportation or storage of alcoholic
38 beverages, or own any stock in any corporation which has any interest,
39 proprietary or otherwise, direct or indirect, in any premises where
40 alcoholic beverages are manufactured or sold, or in any business wholly
41 or partially devoted to the manufacture, sale, transportation or storage
42 of alcoholic beverages, or receive any commission or profit whatsoever,
43 direct or indirect, from any person applying for or receiving any
44 license or permit provided for in this chapter, or hold any other public
45 office in the state or in any political subdivision except upon the
46 written permission of the liquor authority, such member of an advisory
47 board of a regional office of the authority or officer, deputy, assist-
48 ant, inspector or employee thereof may hold the public office of notary
49 public or member of a community board of education in the city school
50 district of the city of New York. Any one who violates any of the
51 provisions of this section shall be removed.
52 § 10. Section 17 of the alcoholic beverage control law, as amended by
53 chapter 118 of the laws of 2012 and subdivision 3 as amended by chapter
54 297 of the laws of 2016, is amended to read as follows:
55 § 17. Powers of the authority. [The] Each regional office of the
56 authority shall have the following functions, powers and duties within
S. 7642 5
1 the counties in which it has jurisdiction: 1. To issue or refuse to
2 issue any license or permit provided for in this chapter.
3 2. To limit in its discretion the number of licenses of each class to
4 be issued within [the state or any political subdivision thereof] its
5 jurisdiction, and in connection therewith to prohibit the acceptance of
6 applications for such class or classes of licenses which have been so
7 limited.
8 3. To revoke, cancel or suspend for cause any license or permit issued
9 under this chapter and/or to impose a civil penalty for cause against
10 any holder of a license or permit issued pursuant to this chapter. Any
11 civil penalty so imposed shall not exceed the sum of ten thousand
12 dollars as against the holder of any retail permit issued pursuant to
13 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
14 paragraph f of subdivision one of section ninety-nine-b of this chapter,
15 and as against the holder of any retail license issued pursuant to
16 sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty-
17 five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
18 sixty-four-c, seventy-six-f, seventy-nine, eighty-one and eighty-one-a
19 of this chapter, and the sum of thirty thousand dollars as against the
20 holder of a license issued pursuant to sections fifty-three,
21 sixty-one-a, sixty-one-b, seventy-six, seventy-six-a, and seventy-eight
22 of this chapter, provided that the civil penalty against the holder of a
23 wholesale license issued pursuant to section fifty-three of this chapter
24 shall not exceed the sum of ten thousand dollars where that licensee
25 violates provisions of this chapter during the course of the sale of
26 beer at retail to a person for consumption at home, and the sum of one
27 hundred thousand dollars as against the holder of any license issued
28 pursuant to sections fifty-one, sixty-one, and sixty-two of this chap-
29 ter. Any civil penalty so imposed shall be in addition to and separate
30 and apart from the terms and provisions of the bond required pursuant to
31 section one hundred twelve of this chapter. Provided that no appeal is
32 pending on the imposition of such civil penalty, in the event such civil
33 penalty imposed by the division remains unpaid, in whole or in part,
34 more than forty-five days after written demand for payment has been sent
35 by first class mail to the address of the licensed premises, a notice of
36 impending default judgment shall be sent by first class mail to the
37 licensed premises and by first class mail to the last known home address
38 of the person who signed the most recent license application. The notice
39 of impending default judgment shall advise the licensee: (a) that a
40 civil penalty was imposed on the licensee; (b) the date the penalty was
41 imposed; (c) the amount of the civil penalty; (d) the amount of the
42 civil penalty that remains unpaid as of the date of the notice; (e) the
43 violations for which the civil penalty was imposed; and (f) that a judg-
44 ment by default will be entered in the supreme court of the county in
45 which the licensed premises are located, or other court of civil juris-
46 diction or any other place provided for the entry of civil judgments
47 within the state of New York unless the division receives full payment
48 of all civil penalties due within twenty days of the date of the notice
49 of impending default judgment. If full payment shall not have been
50 received by the division within thirty days of mailing of the notice of
51 impending default judgment, the division shall proceed to enter with
52 such court a statement of the default judgment containing the amount of
53 the penalty or penalties remaining due and unpaid, along with proof of
54 mailing of the notice of impending default judgment. The filing of such
55 judgment shall have the full force and effect of a default judgment duly
56 docketed with such court pursuant to the civil practice law and rules
S. 7642 6
1 and shall in all respects be governed by that chapter and may be
2 enforced in the same manner and with the same effect as that provided by
3 law in respect to execution issued against property upon judgments of a
4 court of record. A judgment entered pursuant to this subdivision shall
5 remain in full force and effect for eight years notwithstanding any
6 other provision of law.
7 4. To fix by rule the standards of manufacture and fermentation in
8 order to insure the use of proper ingredients and methods in the manu-
9 facture of alcoholic beverages to be sold or consumed in [the state] its
10 jurisdiction.
11 5. To hold hearings, subpoena witnesses, compel their attendance,
12 administer oaths, to examine any person under oath and in connection
13 therewith to require the production of any books or papers relative to
14 the inquiry. A subpoena issued under this section shall be regulated by
15 the civil practice law and rules.
16 6. To prohibit, at any time of public emergency, without previous
17 notice or advertisement, the sale of any or all alcoholic beverages for
18 and during the period of such emergency.
19 7. To delegate the powers provided in this section to the chairman, or
20 to such other officers or employees as may be designated by the [chair-
21 man] advisory board.
22 8. To appoint such advisory groups and committees as it deems neces-
23 sary to provide assistance to the authority to carry out the purposes
24 and objectives of this chapter.
25 9. Upon receipt of a resolution adopted by a board of supervisors or a
26 county legislative body requesting further restriction of hours of sale
27 of alcoholic beverages within such county, and upon notice and hearing
28 within such county, to approve or disapprove such hours within such
29 county.
30 § 11. Section 17 of the alcoholic beverage control law, as amended by
31 chapter 83 of the laws of 1995, subdivision 3 as amended by section 4 of
32 chapter 297 of the laws of 2016, subdivision 8-a as added by chapter 383
33 of the laws of 1998, subdivision 8-b as added by chapter 396 of the laws
34 of 2010, subdivision 12 as amended by chapter 549 of the laws of 2001,
35 the closing paragraph of subdivision 12 as amended by chapter 435 of the
36 laws of 2010, subdivision 13 as added by chapter 403 of the laws of
37 1999, paragraphs (f) and (g) as amended and paragraph (h) of subdivision
38 13 as added by chapter 210 of the laws of 2005, and subdivision 14 as
39 added by section 1 of part WW of chapter 56 of the laws of 2009, is
40 amended to read as follows:
41 § 17. Powers of the authority. [The] Each regional office of the
42 authority shall have the following functions, powers and duties within
43 the counties in which it has jurisdiction: 1. To issue or refuse to
44 issue any license or permit provided for in this chapter.
45 2. To limit in its discretion the number of licenses of each class to
46 be issued within [the state or any political subdivision thereof] its
47 jurisdiction, and in connection therewith to prohibit the acceptance of
48 applications for such class or classes of licenses which have been so
49 limited.
50 3. To revoke, cancel or suspend for cause any license or permit issued
51 under this chapter and/or to impose a civil penalty for cause against
52 any holder of a license or permit issued pursuant to this chapter. Any
53 civil penalty so imposed shall not exceed the sum of ten thousand
54 dollars as against the holder of any retail permit issued pursuant to
55 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
56 paragraph f of subdivision one of section ninety-nine-b of this chapter,
S. 7642 7
1 and as against the holder of any retail license issued pursuant to
2 sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty-
3 five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
4 sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and eighty-one-a
5 of this chapter, and the sum of thirty thousand dollars as against the
6 holder of a license issued pursuant to sections fifty-three,
7 sixty-one-a, sixty-one-b, seventy-six, seventy-six-a and seventy-eight
8 of this chapter, provided that the civil penalty against the holder of a
9 wholesale license issued pursuant to section fifty-three of this chapter
10 shall not exceed the sum of ten thousand dollars where that licensee
11 violates provisions of this chapter during the course of the sale of
12 beer at retail to a person for consumption at home, and the sum of one
13 hundred thousand dollars as against the holder of any license issued
14 pursuant to sections fifty-one, sixty-one and sixty-two of this chapter.
15 Any civil penalty so imposed shall be in addition to and separate and
16 apart from the terms and provisions of the bond required pursuant to
17 section one hundred twelve of this chapter. Provided that no appeal is
18 pending on the imposition of such civil penalty, in the event such civil
19 penalty imposed by the division remains unpaid, in whole or in part,
20 more than forty-five days after written demand for payment has been sent
21 by first class mail to the address of the licensed premises, a notice of
22 impending default judgment shall be sent by first class mail to the
23 licensed premises and by first class mail to the last known home address
24 of the person who signed the most recent license application. The notice
25 of impending default judgment shall advise the licensee: (a) that a
26 civil penalty was imposed on the licensee; (b) the date the penalty was
27 imposed; (c) the amount of the civil penalty; (d) the amount of the
28 civil penalty that remains unpaid as of the date of the notice; (e) the
29 violations for which the civil penalty was imposed; and (f) that a judg-
30 ment by default will be entered in the supreme court of the county in
31 which the licensed premises are located, or other court of civil juris-
32 diction, or any other place provided for the entry of civil judgments
33 within the state of New York unless the division receives full payment
34 of all civil penalties due within twenty days of the date of the notice
35 of impending default judgment. If full payment shall not have been
36 received by the division within thirty days of mailing of the notice of
37 impending default judgment, the division shall proceed to enter with
38 such court a statement of the default judgment containing the amount of
39 the penalty or penalties remaining due and unpaid, along with proof of
40 mailing of the notice of impending default judgment. The filing of such
41 judgment shall have the full force and effect of a default judgment duly
42 docketed with such court pursuant to the civil practice law and rules
43 and shall in all respects be governed by that chapter and may be
44 enforced in the same manner and with the same effect as that provided by
45 law in respect to execution issued against property upon judgments of a
46 court of record. A judgment entered pursuant to this subdivision shall
47 remain in full force and effect for eight years notwithstanding any
48 other provision of law.
49 4. To remove any employee of the authority for cause, after giving
50 such employee a copy of the charges against him or her in writing, and
51 an opportunity to be heard thereon. Any action taken under this subdivi-
52 sion shall be subject to and in accordance with the civil service law.
53 5. To fix by rule the standards of manufacture and fermentation in
54 order to insure the use of proper ingredients and methods in the manu-
55 facture of alcoholic beverages to be sold or consumed in [the state] its
56 jurisdiction.
S. 7642 8
1 6. To hold hearings, subpoena witnesses, compel their attendance,
2 administer oaths, to examine any person under oath and in connection
3 therewith to require the production of any books or papers relative to
4 the inquiry. A subpoena issued under this section shall be regulated by
5 the civil practice law and rules.
6 7. To prohibit, at any time of public emergency, without previous
7 notice or advertisement, the sale of any or all alcoholic beverages for
8 and during the period of such emergency.
9 8. To make an annual report to the governor and the legislature of its
10 activities for the preceding year.
11 8-a. On and after January first, two thousand the report provided for
12 in subdivision eight of this section shall include an evaluation of the
13 effectiveness of the prohibition on the sale of alcohol to persons under
14 the age of twenty-one as provided in section sixty-five-b of this chap-
15 ter with particular emphasis on the provisions of subdivisions one, two,
16 three, four and five of section sixty-five-b, subdivision five of
17 section one hundred nineteen and subdivision six of section sixty-five
18 of this chapter, paragraph (b) of subdivision seven of section 170.55 of
19 the criminal procedure law and subdivision (f) of section 19.07 of the
20 mental hygiene law.
21 8-b. On and after January first, two thousand eleven, the report
22 provided for in subdivision eight of this section shall include informa-
23 tion related to the number of licenses applied for and the length of
24 time required for the approval or denial of such retail license applied
25 for pursuant to subdivision two-c of section sixty-one, section sixty-
26 four, section seventy-six, section seventy-six-a, section seventy-six-c,
27 section seventy-six-d, and section seventy-six-f of this chapter.
28 9. The powers provided in this section may be delegated [by the
29 authority to the chairman, or] to [such other] officers or employees as
30 may be designated by the [chairman] advisory board.
31 10. To appoint such advisory groups and committees as it deems neces-
32 sary to provide assistance to the authority to carry out the purposes
33 and objectives of this chapter.
34 11. Upon receipt of a resolution adopted by a board of supervisors or
35 a county legislative body requesting further restriction of hours of
36 sale of alcoholic beverages within such county, and upon notice and
37 hearing within such county, to approve or disapprove such hours within
38 such county.
39 12. To develop and establish minimum criteria for alcohol training
40 awareness programs which may be given and administered by schools; other
41 entities including trade associations whose members are engaged in or
42 involved in the retail sale of alcoholic beverages; national and
43 regional franchisors who have granted at least five franchises in the
44 state which are licensed to sell beer at retail for off-premises
45 consumption; licensees authorized to sell alcoholic beverages at retail
46 for off-premises consumption operating five or more licensed premises;
47 and persons interested, whether as an individual proprietor or partner
48 or officer or member of a limited liability company, in five or more
49 licensees authorized to sell alcoholic beverages at retail for off-prem-
50 ises consumption. The authority shall provide for the issuance of
51 certificates of approval to all certified alcohol training awareness
52 programs. Certificates of approval may be revoked by the authority for
53 failure to adhere to the authority's rules and regulations. Such rules
54 and regulations shall afford those who have been issued a certificate of
55 approval an opportunity for a hearing prior to any determination of
56 whether such certificate should be revoked.
S. 7642 9
1 No licensee shall be required to apply for any such certificate or
2 renewal certificate and the licensee may voluntarily surrender such a
3 certificate or renewal certificate at any time. A fee in the amount of
4 nine hundred dollars shall be paid to the authority with each applica-
5 tion for a certificate of approval or renewal certificate. The authority
6 shall promptly refund such fee to an applicant whose application was
7 denied. Each certificate of approval and renewal thereof shall be issued
8 for a period of three years. To effectuate the provisions of this subdi-
9 vision, the authority is empowered to require in connection with an
10 application the submission of such information as the authority may
11 direct; to prescribe forms of applications and of all reports which it
12 deems necessary to be made by any applicant or certificate holder; to
13 conduct investigations; to require the maintenance of such books and
14 records as the authority may direct; to revoke, cancel, or suspend for
15 cause any certificate provided for in this subdivision. Each entity
16 authorized to give and administer an alcohol training awareness program
17 shall issue certificates of completion to all licensees and employees
18 who successfully complete such an approved alcohol training awareness
19 program. Such entity shall regularly transmit to the authority the
20 names, addresses and dates of attendance of all the licensees and
21 employees of licensees who successfully complete an approved alcohol
22 training awareness program. Such transmittal shall be in a form and
23 manner prescribed by the authority. The authority shall adopt rules and
24 regulations to effectuate the provisions of this subdivision, including
25 the minimum requirements for the curriculum of each such training
26 program and the regular ongoing training of employees holding certif-
27 icates of completion or renewal certificates. Such rules and regulations
28 shall include the minimum requirements for a separate curriculum for
29 licensees and their employees authorized to sell alcoholic beverages at
30 retail for off-premises consumption, minimum requirements for a separate
31 curriculum for licensees and their employees authorized to sell alcohol-
32 ic beverages at retail for on-premises consumption, and the form of a
33 certificate of completion or renewal thereof to be issued in respect to
34 each such type of program. A certificate of completion or renewal there-
35 of issued by an entity authorized to give and administer an alcohol
36 training awareness program pursuant to this subdivision to licensees and
37 their employees authorized to sell alcoholic beverages at retail for
38 off-premises consumption shall not be invalidated by a change of employ-
39 ment to another such licensee. A certificate of completion or renewal
40 thereof issued by an entity authorized to give and administer an alcohol
41 training awareness program pursuant to this subdivision to licensees and
42 their employees authorized to sell alcoholic beverages at retail for
43 on-premises consumption shall not be invalidated by a change of employ-
44 ment to another such licensee. Attendance at any course established
45 pursuant to this section shall be in person, through distance learning
46 methods, or through an internet based online program.
47 13. To study and report to the governor and the legislature bi-ennial-
48 ly on or before February first of each year concerning:
49 (a) recommendations to reduce the number and type of licenses, and to
50 establish a uniform, statewide schedule of fees, such recommendations to
51 include the development of a master application form for all licenses,
52 with specific exhibits required for specific licenses, as appropriate,
53 as well as recommendations on a non-refundable application fee set at a
54 level which will cover the cost of the review and which would be applied
55 against the first year license fee if the application is granted;
56 (b) recommendations to simplify license renewal procedures;
S. 7642 10
1 (c) recommendations to streamline the processing of applications and
2 to eliminate duplication of reviews, such recommendations to include
3 uniform standards for application review and decision which shall seek
4 to assure that the review is as objective as possible and to narrow the
5 discretion of the authority or of any reviewer employed by the authori-
6 ty;
7 (d) the extent to which quality of life issues, such as noise level,
8 vehicular traffic and parking are considered in licensing decisions,
9 particularly as such issues pertain to proceedings pursuant to subdivi-
10 sion seven of section sixty-four of this chapter;
11 (e) recommendations to improve enforcement methodologies in order to
12 protect the health and safety of residents of communities experiencing
13 persistent problems in the operation of retail establishments;
14 (f) recommendations concerning the addition of field enforcement
15 personnel and the ratios of such field enforcement personnel to the
16 total numbers of licensees that in the view of the authority would be
17 appropriate to insure compliance with the law. Such study shall provide
18 a detailed analysis of the costs and projected revenues to be obtained
19 from the addition of such field enforcement personnel;
20 (g) such other observations and recommendations concerning the activ-
21 ities of the authority as will improve its effectiveness and efficiency
22 including the utilization of on-line services to provide information on
23 a fee-for-service basis; and
24 (h) provide information concerning the name, total quantity and total
25 price of wine purchased from New York state and out-of-state wineries
26 and farm wineries, and such other information on and recommendations
27 concerning interstate wine shipment.
28 14. For state fiscal year two thousand nine--two thousand ten, the
29 authority shall, within amounts appropriated therefore, improve and
30 update their information technology in order to meet federal security
31 requirements and to assist in the processing of license and/or permit
32 applications and renewals.
33 § 12. Section 18 of the alcoholic beverage control law, as amended by
34 chapter 118 of the laws of 2012, is amended to read as follows:
35 § 18. Powers and duties of the [chairman] advisory boards. [The chair-
36 man] Each advisory board of a regional office shall have the following
37 functions, powers and duties:
38 1. To exercise the powers and perform the duties in relation to the
39 administration of [the division of alcoholic beverage control as are not
40 specifically vested by this chapter in the state liquor authority] its
41 regional office, including but not limited to budgetary and fiscal
42 matters.
43 2. To preside at all meetings of [the authority] its regional office
44 and perform the administrative functions of [the authority] such office.
45 3. To appoint any necessary deputies, counsels, assistants, investi-
46 gators, and other employees within the limits provided by appropriation.
47 4. To remove any employee of the [authority] regional office for
48 cause, after giving such employee a copy of the charges against him or
49 her in writing, and an opportunity to be heard thereon. Any action taken
50 under this subdivision shall be subject to and in accordance with the
51 civil service law.
52 5. To keep records in such form as [he or she] it may prescribe of all
53 licenses and permits issued and revoked within [the state] its jurisdic-
54 tion; such records shall be so kept as to provide ready information as
55 to the identity of all licensees including the names of the officers and
56 directors of corporate licensees and the location of all licensed prem-
S. 7642 11
1 ises. [The chairman] Each advisory board may, with the approval of the
2 commissioner of taxation and finance, contract to furnish copies of the
3 records of licenses and permits of each class and type issued within
4 [the state or any political subdivision thereof] its jurisdiction, for
5 any license or permit year or term of years not exceeding five years.
6 6. To inspect or provide for the inspection of any premises where
7 alcoholic beverages are manufactured or sold.
8 7. To prescribe forms of applications for licenses and permits under
9 this chapter and of all reports deemed necessary [by the authority].
10 8. To delegate to the officers and employees of [the authority] its
11 regional office such [of his or her] powers and duties as [he or she] it
12 may determine.
13 9. To establish appropriate procedures to insure that hearing officers
14 are shielded from ex parte communications with alleged violators and
15 their attorneys and from other employees of the [authority] regional
16 office and shall take such other steps as it shall deem necessary and
17 proper to shield its judicial processes from unwarranted and inappropri-
18 ate communications and attempts to influence.
19 10. To develop and establish minimum criteria for alcohol training
20 awareness programs which may be given and administered by schools; other
21 entities including trade associations whose members are engaged in or
22 involved in the retail sale of alcoholic beverages; national and
23 regional franchisors who have granted at least five franchises in the
24 state which are licensed to sell beer at retail for off-premises
25 consumption; licensees authorized to sell alcoholic beverages at retail
26 for off-premises consumption operating five or more licensed premises;
27 and persons interested, whether as an individual proprietor or partner
28 or officer or member of a limited liability company, in five or more
29 licensees authorized to sell alcoholic beverages at retail for off-prem-
30 ises consumption. The [authority] regional office with jurisdiction
31 shall provide for the issuance of certificates of approval to all certi-
32 fied alcohol training awareness programs. Certificates of approval may
33 be revoked by the [authority] regional office with jurisdiction for
34 failure to adhere to the [authority's] regional office's rules and regu-
35 lations. Such rules and regulations shall afford those who have been
36 issued a certificate of approval an opportunity for a hearing prior to
37 any determination of whether such certificate should be revoked.
38 No licensee shall be required to apply for any such certificate or
39 renewal certificate and the licensee may voluntarily surrender such a
40 certificate or renewal certificate at any time. A fee in the amount of
41 nine hundred dollars shall be paid to the [authority] regional office
42 with each application for a certificate of approval or renewal certif-
43 icate. The [authority] appropriate regional office shall promptly refund
44 such fee to an applicant whose application was denied. Each certificate
45 of approval and renewal thereof shall be issued for a period of three
46 years. To effectuate the provisions of this subdivision, [the authority]
47 each regional office is empowered to require in connection with an
48 application the submission of such information as the [authority]
49 regional office may direct; to prescribe forms of applications and of
50 all reports which it deems necessary to be made by any applicant or
51 certificate holder; to conduct investigations; to require the mainte-
52 nance of such books and records as the [authority] regional office may
53 direct; to revoke, cancel, or suspend for cause any certificate provided
54 for in this subdivision. Each entity authorized to give and administer
55 an alcohol training awareness program shall issue certificates of
56 completion to all licensees and employees who successfully complete such
S. 7642 12
1 an approved alcohol training awareness program. Such entity shall regu-
2 larly transmit to the [authority] appropriate regional office the names,
3 addresses and dates of attendance of all the licensees and employees of
4 licensees who successfully complete an approved alcohol training aware-
5 ness program. Such transmittal shall be in a form and manner prescribed
6 by [the authority] such regional office. [The authority] Each regional
7 office shall adopt rules and regulations to effectuate the provisions of
8 this subdivision, including the minimum requirements for the curriculum
9 of each such training program and the regular ongoing training of
10 employees holding certificates of completion or renewal certificates.
11 Such rules and regulations shall include the minimum requirements for a
12 separate curriculum for licensees and their employees authorized to sell
13 alcoholic beverages at retail for off-premises consumption, minimum
14 requirements for a separate curriculum for licensees and their employees
15 authorized to sell alcoholic beverages at retail for on-premises
16 consumption, and the form of a certificate of completion or renewal
17 thereof to be issued in respect to each such type of program. A certif-
18 icate of completion or renewal thereof issued by an entity authorized to
19 give and administer an alcohol training awareness program pursuant to
20 this subdivision to licensees and their employees authorized to sell
21 alcoholic beverages at retail for off-premises consumption shall not be
22 invalidated by a change of employment to another such licensee. A
23 certificate of completion or renewal thereof issued by an entity author-
24 ized to give and administer an alcohol training awareness program pursu-
25 ant to this subdivision to licensees and their employees authorized to
26 sell alcoholic beverages at retail for on-premises consumption shall not
27 be invalidated by a change of employment to another such licensee.
28 Attendance at any course established pursuant to this section shall be
29 in person, through distance learning methods, or through an internet
30 based online program.
31 11. To make an annual report to the governor and the legislature of
32 its activities for the preceding year.
33 12. On and after January first, two thousand twelve, the report
34 provided for in subdivision eleven of this section shall include an
35 evaluation of the effectiveness of the prohibition on the sale of alco-
36 hol to persons under the age of twenty-one as provided in section
37 sixty-five-b of this chapter with particular emphasis on the provisions
38 of subdivisions one, two, three, four and five of section sixty-five-b,
39 subdivision five of section one hundred nineteen and subdivision six of
40 section sixty-five of this chapter, paragraph (b) of subdivision seven
41 of section 170.55 of the criminal procedure law and subdivision (f) of
42 section 19.07 of the mental hygiene law.
43 13. On and after January first, two thousand twelve, the report
44 provided for in subdivision eleven of this section shall include infor-
45 mation related to the number of licenses applied for and the length of
46 time required for the approval or denial of such retail license applied
47 for pursuant to subdivision two-c of section sixty-one, section sixty-
48 four, section seventy-six, section seventy-six-a, section seventy-six-c,
49 and section seventy-six-d of this chapter.
50 14. To study and report to the governor and the legislature biennially
51 on or before February first of each year concerning:
52 (a) recommendations to reduce the number and type of licenses, and to
53 establish a uniform, statewide schedule of fees, such recommendations to
54 include the development of a master application form for all licenses,
55 with specific exhibits required for specific licenses, as appropriate,
56 as well as recommendations on a non-refundable application fee set at a
S. 7642 13
1 level which will cover the cost of the review and which would be applied
2 against the first year license fee if the application is granted;
3 (b) recommendations to simplify license renewal procedures;
4 (c) recommendations to streamline the processing of applications and
5 to eliminate duplication of reviews, such recommendations to include
6 uniform standards for application review and decision which shall seek
7 to assure that the review is as objective as possible and to narrow the
8 discretion of [the authority] each office or of any reviewer employed by
9 [the authority] each office;
10 (d) the extent to which quality of life issues, such as noise level,
11 vehicular traffic and parking are considered in licensing decisions,
12 particularly as such issues pertain to proceedings pursuant to subdivi-
13 sion seven of section sixty-four of this chapter;
14 (e) recommendations to improve enforcement methodologies in order to
15 protect the health and safety of residents of communities experiencing
16 persistent problems in the operation of retail establishments;
17 (f) recommendations concerning the addition of field enforcement
18 personnel and the ratios of such field enforcement personnel to the
19 total numbers of licensees that in the view of the [authority] regional
20 office would be appropriate to insure compliance with the law. Such
21 study shall provide a detailed analysis of the costs and projected
22 revenues to be obtained from the addition of such field enforcement
23 personnel;
24 (g) such other observations and recommendations concerning the activ-
25 ities of [the authority] each regional office as will improve its effec-
26 tiveness and efficiency including the utilization of on-line services to
27 provide information on a fee-for-service basis; and
28 (h) provide information concerning the name, total quantity and total
29 price of wine purchased from New York state and out-of-state wineries
30 and farm wineries, and such other information on and recommendations
31 concerning interstate wine shipment.
32 15. For state fiscal year two thousand twelve--two thousand thirteen,
33 [the authority] each regional office shall, within amounts appropriated
34 therefor, improve and update their information technology in order to
35 meet federal security requirements and to assist in the processing of
36 license and/or permit applications and renewals.
37 § 13. Section 18 of the alcoholic beverage control law, as added by
38 chapter 83 of the laws of 1995, is amended to read as follows:
39 § 18. Powers and duties of the [chairman] advisory boards. [The chair-
40 man] Each advisory board of a regional office shall have the following
41 functions, powers and duties:
42 1. To exercise the powers and perform the duties in relation to the
43 administration of [the division of alcoholic beverage control as are not
44 specifically vested by this chapter in the state liquor authority] its
45 regional office.
46 2. To preside at all meetings of the [authority] regional office and
47 perform the administrative functions of [the authority] such regional
48 office.
49 3. To keep records in such form as [he] it may prescribe of all
50 licenses and permits issued and revoked within [the state] its jurisdic-
51 tion; such records shall be so kept as to provide ready information as
52 to the identity of all licensees including the names of the officers and
53 directors of corporate licensees and the location of all licensed prem-
54 ises. [The chairman] Each advisory board may, with the approval of the
55 commissioner of taxation and finance, contract to furnish copies of the
56 records of licenses and permits of each class and type issued within
S. 7642 14
1 [the state or any political subdivision thereof] its jurisdiction, for
2 any license or permit year or term of years not exceeding five years.
3 4. To inspect or provide for the inspection of any premises where
4 alcoholic beverages are manufactured or sold.
5 5. To prescribe forms of applications for licenses and permits under
6 this chapter and of all reports deemed necessary [by the authority].
7 6. To delegate to the officers and employees of [the division] its
8 regional office such [of his] powers and duties as [he] it may deter-
9 mine.
10 § 14. Section 19 of the alcoholic beverage control law, as amended by
11 chapter 460 of the laws of 1971 and as renumbered by chapter 83 of the
12 laws of 1995, is amended to read as follows:
13 § 19. Oath of office. Each member of an advisory board of a regional
14 office of the authority shall, before entering upon his or her duties,
15 take and file an oath of office as prescribed by section ten of the
16 public officers law.
17 § 15. Paragraphs (b) and (d) of subdivision 11 and paragraphs (b) and
18 (d) of subdivision 12 of section 51-a of the alcoholic beverage control
19 law, as added by chapter 108 of the laws of 2012, are amended to read as
20 follows:
21 (b) In the event that the commissioner of agriculture and markets,
22 after investigating and compiling information pursuant to subdivision
23 forty-two of section sixteen of the agriculture and markets law, deter-
24 mines that a natural disaster, act of God, or continued adverse weather
25 condition has destroyed much of the necessary ingredients for brewing
26 beer, such commissioner, in consultation with the [chairman] advisory
27 board of the authority with jurisdiction, may give authorization to a
28 duly licensed farm brewery to manufacture or sell beer produced from
29 ingredients grown or produced outside this state. No such authorization
30 shall be granted to a farm brewery licensee unless such licensee certi-
31 fies to such commissioner the quantity of New York grown ingredients
32 unavailable to such licensee due to such natural disaster, act of God or
33 continuing adverse weather condition and satisfies such commissioner
34 that reasonable efforts were made to obtain brewing ingredients from a
35 New York state source for such beer making purpose. No farm brewery
36 shall utilize an amount of out-of-state grown or produced ingredients
37 exceeding the amount of New York grown ingredients that such brewery is
38 unable to obtain due to the destruction of New York grown or produced
39 ingredients by a natural disaster, act of God or continuing adverse
40 weather condition as determined by the commissioner of agriculture and
41 markets pursuant to this subdivision. For purposes of this subdivision,
42 the department of agriculture and markets and the authority are author-
43 ized to adopt rules and regulations as they may deem necessary to carry
44 out the provisions of this subdivision which shall include ensuring that
45 in manufacturing beer farm breweries utilize ingredients grown or
46 produced in New York state to the extent they are reasonably available,
47 prior to utilizing ingredients from an out-of-state source for such
48 purpose.
49 (d) In the event that the continuing effects of a natural disaster,
50 act of God, or adverse weather condition which occurred prior to August
51 twentieth of each year or the effects of a natural disaster, act of God,
52 or adverse weather condition which occurs subsequent to August twentieth
53 each year results in any ingredient loss which meets the standards
54 provided in paragraph (b) of this subdivision, the commissioner of agri-
55 culture and markets, in consultation with the [chairman] advisory board
56 of the authority with jurisdiction, may issue additional ingredient loss
S. 7642 15
1 determinations and shall expeditiously make available to farm breweries
2 and to the public each specific ingredient loss determination issued
3 pursuant to this paragraph prior to October tenth of each year.
4 (b) In the event that the commissioner of agriculture and markets,
5 after investigating and compiling information pursuant to subdivision
6 forty-two of section sixteen of the agriculture and markets law, deter-
7 mines that a natural disaster, act of God, or continued adverse weather
8 condition has destroyed much of the apple crop necessary for producing
9 cider, such commissioner, in consultation with the [chairman] advisory
10 board of the authority with jurisdiction, may give authorization to a
11 duly licensed farm brewery to manufacture or sell cider produced from
12 apples grown outside this state. No such authorization shall be granted
13 to a farm brewery licensee unless such licensee certifies to such
14 commissioner the quantity of New York grown apples unavailable to such
15 licensee due to such natural disaster, act of God or continuing adverse
16 weather condition and satisfies such commissioner that reasonable
17 efforts were made to obtain apples from a New York state source for such
18 cider making purpose. No farm brewery shall utilize an amount of out-of-
19 state grown apples exceeding the amount of New York grown apples that
20 such brewery is unable to obtain due to the destruction of New York
21 grown apples by a natural disaster, act of God or continuing adverse
22 weather condition as determined by the commissioner of agriculture and
23 markets pursuant to this subdivision. For purposes of this subdivision,
24 the department of agriculture and markets and the authority are author-
25 ized to adopt rules and regulations as they may deem necessary to carry
26 out the provisions of this subdivision which shall include ensuring that
27 in manufacturing cider farm breweries utilize apples grown in New York
28 state to the extent they are reasonably available, prior to utilizing
29 apples from an out-of-state source for such purpose.
30 (d) In the event that the continuing effects of a natural disaster,
31 act of God, or adverse weather condition which occurred prior to August
32 twentieth of each year or the effects of a natural disaster, act of God,
33 or adverse weather condition which occurs subsequent to August twentieth
34 of each year results in any apple crop loss which meets the standards
35 provided in paragraph (b) of this subdivision, the commissioner of agri-
36 culture and markets, in consultation with the [chairman] advisory board
37 of the authority with jurisdiction, may issue additional apple crop loss
38 determinations and shall expeditiously make available to farm breweries
39 and to the public the loss determination issued pursuant to this para-
40 graph prior to October tenth of each year.
41 § 16. Paragraphs (b) and (d) of subdivision 11 of section 58-c of the
42 alcoholic beverage control law, as added by chapter 384 of the laws of
43 2013, are amended to read as follows:
44 (b) In the event that the commissioner of agriculture and markets,
45 after investigating and compiling information pursuant to subdivision
46 forty-two of section sixteen of the agriculture and markets law, deter-
47 mines that a natural disaster, act of God, or continued adverse weather
48 condition has destroyed much of the apple crop necessary for producing
49 cider, such commissioner, in consultation with the [chairman] advisory
50 board of the authority with jurisdiction, may give authorization to a
51 duly licensed farm cidery to manufacture or sell cider produced from
52 apples grown outside this state. No such authorization shall be granted
53 to a farm cidery licensee unless such licensee certifies to such commis-
54 sioner the quantity of New York grown apples unavailable to such licen-
55 see due to such natural disaster, act of God or continuing adverse
56 weather condition and satisfies such commissioner that reasonable
S. 7642 16
1 efforts were made to obtain apples from a New York state source for such
2 cider making purpose. No farm cidery shall utilize an amount of out-of-
3 state grown apples exceeding the amount of New York grown apples that
4 such cidery is unable to obtain due to the destruction of New York grown
5 apples by a natural disaster, act of God or continuing adverse weather
6 condition as determined by the commissioner of agriculture and markets
7 pursuant to this subdivision. For purposes of this subdivision, the
8 department of agriculture and markets and the authority are authorized
9 to adopt rules and regulations as they may deem necessary to carry out
10 the provisions of this subdivision which shall include ensuring that in
11 manufacturing cider farm cideries utilize apples grown in New York state
12 to the extent they are reasonably available, prior to utilizing apples
13 from an out-of-state source for such purpose.
14 (d) In the event that the continuing effects of a natural disaster,
15 act of God, or adverse weather condition which occurred prior to August
16 twentieth of each year or the effects of a natural disaster, act of God,
17 or adverse weather condition which occurs subsequent to August twentieth
18 of each year results in any apple crop loss which meets the standards
19 provided in paragraph (b) of this subdivision, the commissioner of agri-
20 culture and markets, in consultation with the [chairman] advisory board
21 of the authority with jurisdiction, may issue additional apple crop loss
22 determinations and shall expeditiously make available to farm cideries
23 and to the public the loss determination issued pursuant to this para-
24 graph prior to October tenth of each year.
25 § 17. Paragraph (f) of subdivision 7 of section 64 of the alcoholic
26 beverage control law, as amended by chapter 185 of the laws of 2012, is
27 amended to read as follows:
28 (f) Notwithstanding the provisions of paragraph (b) of this subdivi-
29 sion, the authority may issue a license pursuant to this section for a
30 premises which shall be within five hundred feet of three or more exist-
31 ing premises licensed and operating pursuant to this section and
32 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
33 of this article if, after consultation with the municipality or communi-
34 ty board, it determines that granting such license would be in the
35 public interest. Before it may issue any such license, the authority
36 shall conduct a hearing, upon notice to the applicant and the munici-
37 pality or community board, and shall state and file in its office its
38 reasons therefor. The hearing may be rescheduled, adjourned or contin-
39 ued, and the authority shall give notice to the applicant and the muni-
40 cipality or community board of any such rescheduled, adjourned or
41 continued hearing. Before the authority issues any said license, the
42 authority or one or more of the [commissioners] members of the advisory
43 board with jurisdiction thereof may, in addition to the hearing required
44 by this paragraph, also conduct a public meeting regarding said license,
45 upon notice to the applicant and the municipality or community board.
46 The public meeting may be rescheduled, adjourned or continued, and the
47 authority shall give notice to the applicant and the municipality or
48 community board of any such rescheduled, adjourned or continued public
49 meeting. Notice to the municipality or community board shall mean writ-
50 ten notice mailed by the authority to such municipality or community
51 board at least fifteen days in advance of any hearing scheduled pursuant
52 to this paragraph. Upon the request of the authority, any municipality
53 or community board may waive the fifteen day notice requirement. No
54 premises having been granted a license pursuant to this section shall be
55 denied a renewal of such license upon the grounds that such premises are
56 within five hundred feet of a building or buildings wherein three or
S. 7642 17
1 more premises are licensed and operating pursuant to this section and
2 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
3 of this article.
4 § 18. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
5 beverage control law, as amended by chapter 185 of the laws of 2012, is
6 amended to read as follows:
7 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph
8 (a) of this subdivision, the authority may issue a license pursuant to
9 this section for a premises which shall be within five hundred feet of
10 three or more existing premises licensed and operating pursuant to this
11 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
12 sixty-four-d of this article if, after consultation with the munici-
13 pality or community board, it determines that granting such license
14 would be in the public interest. Before it may issue any such license,
15 the authority shall conduct a hearing, upon notice to the applicant and
16 the municipality or community board, and shall state and file in its
17 office its reasons therefor. Notice to the municipality or community
18 board shall mean written notice mailed by the authority to such munici-
19 pality or community board at least fifteen days in advance of any hear-
20 ing scheduled pursuant to this paragraph. Upon the request of the
21 authority, any municipality or community board may waive the fifteen day
22 notice requirement. The hearing may be rescheduled, adjourned or contin-
23 ued, and the authority shall give notice to the applicant and the muni-
24 cipality or community board of any such rescheduled, adjourned or
25 continued hearing. Before the authority issues any said license, the
26 authority or one or more of the [commissioners] members of the advisory
27 board with jurisdiction thereof may, in addition to the hearing required
28 by this paragraph, also conduct a public meeting regarding said license,
29 upon notice to the applicant and the municipality or community board.
30 The public meeting may be rescheduled, adjourned or continued, and the
31 authority shall give notice to the applicant and the municipality or
32 community board of any such rescheduled, adjourned or continued public
33 meeting. No premises having been granted a license pursuant to this
34 section shall be denied a renewal of such license upon the grounds that
35 such premises are within five hundred feet of a building or buildings
36 wherein three or more premises are licensed and operating pursuant to
37 this section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
38 sixty-four-d of this article.
39 § 19. Paragraph (c) of subdivision 5 of section 64-b of the alcoholic
40 beverage control law, as amended by chapter 185 of the laws of 2012, is
41 amended to read as follows:
42 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
43 (a) of this subdivision, the authority may issue a license pursuant to
44 this section for a premises which shall be within five hundred feet of
45 three or more existing premises licensed and operating pursuant to this
46 section and sections sixty-four, sixty-four-a, sixty-four-c, and/or
47 sixty-four-d of this article if, after consultation with the munici-
48 pality or community board, it determines that granting such license
49 would be in the public interest. Before it may issue any such license,
50 the authority shall conduct a hearing, upon notice to the applicant and
51 the municipality or community board, and shall state and file in its
52 office its reasons therefor. The hearing may be rescheduled, adjourned
53 or continued, and the authority shall give notice to the applicant and
54 the municipality or community board of any such rescheduled, adjourned
55 or continued hearing. Before the authority issues any said license, the
56 authority or one or more of the [commissioners] members of the advisory
S. 7642 18
1 board with jurisdiction thereof may, in addition to the hearing required
2 by this paragraph, also conduct a public meeting regarding said license,
3 upon notice to the applicant and the municipality or community board.
4 The public meeting may be rescheduled, adjourned or continued, and the
5 authority shall give notice to the applicant and the municipality or
6 community board of any such rescheduled, adjourned or continued public
7 meeting. Notice to the municipality or community board shall mean writ-
8 ten notice mailed by the authority to such municipality or community
9 board at least fifteen days in advance of any hearing scheduled pursuant
10 to this paragraph. Upon the request of the authority, any municipality
11 or community board may waive the fifteen day notice requirement. No
12 premises having been granted a license pursuant to this section shall be
13 denied a renewal of such license upon the grounds that such premises are
14 within five hundred feet of a building or buildings wherein three or
15 more premises are licensed and operating pursuant to this section and
16 sections sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d of
17 this article.
18 § 20. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
19 beverage control law, as amended by chapter 185 of the laws of 2012, is
20 amended to read as follows:
21 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
22 (a) of this subdivision, the authority may issue a license pursuant to
23 this section for a premises which shall be within five hundred feet of
24 three or more existing premises licensed and operating pursuant to this
25 section and sections sixty-four, sixty-four-a, sixty-four-b and/or
26 sixty-four-d of this article if, after consultation with the munici-
27 pality or community board, it determines that granting such license
28 would be in the public interest. Before it may issue any such license,
29 the authority shall conduct a hearing, upon notice to the applicant and
30 the municipality or community board, and shall state and file in its
31 office its reasons therefor. The hearing may be rescheduled, adjourned
32 or continued, and the authority shall give notice to the applicant and
33 the municipality or community board of any such rescheduled, adjourned
34 or continued hearing. Before the authority issues any said license, the
35 authority or one or more of the [commissioners] members of the advisory
36 board with jurisdiction thereof may, in addition to the hearing required
37 by this paragraph, also conduct a public meeting regarding said license,
38 upon notice to the applicant and the municipality or community board.
39 The public meeting may be rescheduled, adjourned or continued, and the
40 authority shall give notice to the applicant and the municipality or
41 community board of any such rescheduled, adjourned or continued public
42 meeting. Notice to the municipality or community board shall mean writ-
43 ten notice mailed by the authority to such municipality or community
44 board at least fifteen days in advance of any hearing scheduled pursuant
45 to this paragraph. Upon the request of the authority, any municipality
46 or community board may waive the fifteen day notice requirement. No
47 premises having been granted a license pursuant to this section shall be
48 denied a renewal of such license upon the grounds that such premises are
49 within five hundred feet of a building or buildings wherein three or
50 more premises are operating and licensed pursuant to this section or
51 sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of
52 this article.
53 § 21. Paragraph (e) of subdivision 8 of section 64-d of the alcoholic
54 beverage control law, as amended by chapter 185 of the laws of 2012, is
55 amended to read as follows:
S. 7642 19
1 (e) notwithstanding the provisions of paragraph (b) of this subdivi-
2 sion, the authority may issue a license pursuant to this section for a
3 premises which shall be within five hundred feet of an existing premises
4 licensed and operating pursuant to the provisions of this section or
5 within five hundred feet of three or more existing premises licensed and
6 operating pursuant to this section and sections sixty-four,
7 sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if,
8 after consultation with the municipality or community board, it deter-
9 mines that granting such license would be in the public interest.
10 Before it may issue any such license, the authority shall conduct a
11 hearing, upon notice to the applicant and the municipality or community
12 board, and shall state and file in its office its reasons therefor. The
13 hearing may be rescheduled, adjourned or continued, and the authority
14 shall give notice to the applicant and the municipality or community
15 board of any such rescheduled, adjourned or continued hearing. Before
16 the authority issues any said license, the authority or one or more of
17 the [commissioners] members of the advisory board with jurisdiction
18 thereof may, in addition to the hearing required by this paragraph, also
19 conduct a public meeting regarding said license, upon notice to the
20 applicant and the municipality or community board. The public meeting
21 may be rescheduled, adjourned or continued, and the authority shall give
22 notice to the applicant and the municipality or community board of any
23 such rescheduled, adjourned or continued public meeting. Notice to the
24 municipality or community board shall mean written notice mailed by the
25 authority to such municipality or community board at least fifteen days
26 in advance of any hearing scheduled pursuant to this paragraph. Upon the
27 request of the authority, any municipality or community board may waive
28 the fifteen day notice requirement. No premises having been granted a
29 license pursuant to this section shall be denied a renewal of such
30 license upon the grounds that such premises are within five hundred feet
31 of an existing premises licensed and operating pursuant to the
32 provisions of this section or within five hundred feet of a building or
33 buildings wherein three or more premises are licensed and operating
34 pursuant to this section and sections sixty-four, sixty-four-a, sixty-
35 four-b, and/or sixty-four-c of this article.
36 § 22. Paragraphs (b) and (d) of subdivision 5 of section 76-a of the
37 alcoholic beverage control law, paragraph (b) as amended and paragraph
38 (d) as added by chapter 227 of the laws of 2006, are amended to read as
39 follows:
40 (b) In the event that the commissioner of agriculture and markets,
41 after investigating and compiling information pursuant to subdivision
42 forty-two of section sixteen of the agriculture and markets law, deter-
43 mines that a natural disaster, act of God, or continued adverse weather
44 condition has destroyed no less than forty percent of a specific grape
45 varietal grown or produced in New York state and used for winemaking,
46 the commissioner, in consultation with the [chairman] advisory board of
47 the state liquor authority with jurisdiction, may give authorization to
48 a duly licensed farm winery to manufacture or sell wine produced from
49 grapes grown outside this state. No such authorization shall be granted
50 to a farm winery licensee unless such licensee certifies to the commis-
51 sioner the quantity of New York grown grapes unavailable to such licen-
52 see due to such natural disaster, act of God or continuing adverse
53 weather condition and satisfies the commissioner that reasonable efforts
54 were made to obtain grapes from a New York state source for such wine
55 making purpose. No farm winery shall utilize an amount of out-of-state
56 grown grapes or juice exceeding the amount of New York grown grapes that
S. 7642 20
1 such winery is unable to obtain due to the destruction of New York grown
2 grapes by a natural disaster, act of God or continuing adverse weather
3 condition as determined by the commissioner of agriculture and markets
4 pursuant to this subdivision. For purposes of this subdivision, the
5 department of agriculture and markets and the state liquor authority are
6 authorized to adopt rules and regulations as they may deem necessary to
7 carry out the provisions of this subdivision which shall include ensur-
8 ing that in manufacturing wine farm wineries utilize grapes grown or
9 produced in New York state to the extent they are reasonably available,
10 prior to utilizing grapes or juice from an out-of-state source for such
11 purpose.
12 (d) In the event that the continuing effects of a natural disaster,
13 act of God, or adverse weather condition which occurred prior to August
14 twentieth of each year or the effects of a natural disaster, act of God,
15 or adverse weather condition which occurs subsequent to August twentieth
16 each year results in any grape varietal loss which meets the standards
17 provided in paragraph (b) of this subdivision, the commissioner of agri-
18 culture and markets, in consultation shall with the [chairman] advisory
19 board of the state liquor authority with jurisdiction, may issue addi-
20 tional grape varietal loss determinations and shall expeditiously make
21 available to farm wineries and to the public each specific grape varie-
22 tal loss determination issued pursuant to this paragraph prior to Octo-
23 ber tenth of each year.
24 § 23. This act shall take effect one year after it shall have become a
25 law; provided, however, that:
26 (a) the amendments to section 15 of the alcoholic beverage control law
27 made by section seven of this act shall be subject to the expiration and
28 reversion of such section pursuant to section 4 of chapter 118 of the
29 laws of 2012, as amended, when upon such date the provisions of section
30 eight of this act shall take effect;
31 (b) the amendments to section 17 of the alcoholic beverage control law
32 made by section ten of this act shall be subject to the expiration and
33 reversion of such section pursuant to section 4 of chapter 118 of the
34 laws of 2012, as amended, when upon such date the provisions of section
35 eleven of this act shall take effect;
36 (c) the amendments to section 18 of the alcoholic beverage control law
37 made by section twelve of this act shall be subject to the expiration
38 and reversion of such section pursuant to section 4 of chapter 118 of
39 the laws of 2012, as amended, when upon such date the provisions of
40 section thirteen of this act shall take effect; and
41 (d) effective immediately, the addition, amendment and/or repeal of
42 any rule or regulation necessary for the implementation of this act on
43 its effective date are authorized and directed to be made and completed
44 on or before such effective date.
