Bill Text: NY A00490 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the training of applicants, licensees, and servers of alcoholic beverages; repeals certain provisions and adds a new section of alcohol training awareness programs; includes required training for on-premises licensees and employees, among other stipulations to increase awareness.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to economic development [A00490 Detail]
Download: New_York-2019-A00490-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 490 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. CAHILL -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to the training of applicants, licensees and servers of alcoholic beverages; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 12 of section 17 of the alcoholic beverage 2 control law, as amended by chapter 549 of the laws of 2001, is REPEALED. 3 § 2. Subdivision 10 of section 18 of the alcoholic beverage control 4 law is REPEALED. 5 § 3. The alcoholic beverage control law is amended by adding a new 6 section 18-a to read as follows: 7 § 18-a. Alcohol training awareness programs. 1. The chairman shall 8 develop and establish minimum criteria for retail licensee alcohol 9 training awareness programs and server alcohol awareness. 10 (a) Such criteria shall include the minimum requirements for the 11 curriculum of license and server training programs. There shall be sepa- 12 rate server training programs for employees of on-premises and off-prem- 13 ises retail licensees. 14 (b) Such criteria shall include the form of a certificate of 15 completion or renewal thereof to be issued in respect to each such type 16 of program. 17 (c) Retail licensee programs shall include, but shall not be limited 18 to, training on the prevention of sales and service of alcoholic bever- 19 ages to persons under the age of twenty-one and intoxicated patrons, and 20 operating the licensed premises in compliance with this chapter and the 21 rules of the authority. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05974-01-9A. 490 2 1 (d) Server programs shall include, but shall not be limited to, train- 2 ing on the prevention of sales and service of alcoholic beverages to 3 persons under the age of twenty-one and intoxicated patrons. 4 2. Such programs may be given and administered by the authority or any 5 person, partnership, limited liability company or corporation that has 6 been issued a certificate of approval by the authority. 7 3. The authority shall provide for the training of, and issuance of 8 certificates of approval to, all certified training providers. 9 (a) Certificates of approval may be revoked by the authority for fail- 10 ure to adhere to the authority's rules and regulations. Such rules and 11 regulations shall afford those who have been issued a certificate of 12 approval an opportunity for a hearing prior to any determination of 13 whether such certificate should be revoked. 14 (b) A fee in the amount of nine hundred dollars shall be paid to the 15 authority with each application for a certificate of approval or a 16 renewal certificate. The authority shall promptly refund such fee to an 17 applicant whose application was denied. 18 (c) Each certificate of approval or renewal thereof shall be issued 19 for a period of three years. 20 4. The certified training provider shall issue certificates of 21 completion to all participants who successfully complete an approved 22 program. 23 (a) Each certificate of completion shall be valid for a period of 24 three years from the date of the training program. 25 (b) Attendance at any training program established pursuant to this 26 section shall be in person, through long distance learning methods, or 27 through an internet-based online program. 28 (c) The authority or the certified training provider may charge a fee 29 not to exceed one hundred dollars to a participant for any licensee 30 program; and twenty-five dollars to a participant for any server 31 program. 32 (d) Each certified training provider shall transmit a quarterly report 33 to the authority with the names, addresses and dates of attendance of 34 all the individuals who successfully completed an approved program. Such 35 transmittal shall be in a form and manner prescribed by the authority. 36 5. A certificate of completion issued by a certified training provider 37 administering a server training awareness program pursuant to this 38 section: 39 (a) to employees of licensees authorized to sell alcoholic beverages 40 at retail for off-premises consumption shall not be invalidated by a 41 change of employment to another such licensee; and 42 (b) to employees of licenses authorized to sell alcoholic beverages at 43 retail for on-premises consumption shall not be invalidated by a change 44 of employment to another such licensee. 45 6. To effectuate the provisions of this section, the authority is 46 empowered to require in connection with an application the submission of 47 such information as the authority may direct; to prescribe forms of 48 applications and of all reports which it deems necessary to be made by 49 any applicant or certificate holder; to conduct investigations; to 50 require the maintenance of such books and records as the authority may 51 direct; to revoke, cancel, or suspend for cause any certificate provided 52 for in this section; and to promulgate such rules as may be necessary to 53 carry out the purpose of this section. 54 § 4. Paragraph (b) of subdivision 6 of section 65 of the alcoholic 55 beverage control law, as amended by chapter 435 of the laws of 2010, is 56 amended to read as follows:A. 490 3 1 (b) it shall be an affirmative defense that at the time of such 2 violation such person who committed such alleged violation held a valid 3 certificate of completion [or renewal] from [an entity authorized to4give and administer an] a certified training provider for a licensee or 5 server alcohol training awareness program [pursuant to subdivision6twelve of] as provided for in section [seventeen] eighteen-a of this 7 chapter. Such licensee shall have diligently implemented and complied 8 with all of the provisions of the approved training program. In such 9 proceeding to revoke, cancel or suspend a license pursuant to section 10 one hundred eighteen of this chapter, the licensee must prove each 11 element of such affirmative defense by a preponderance of the credible 12 evidence. Evidence of three unlawful sales of alcoholic beverages by 13 any employee of a licensee to persons under twenty-one years of age, 14 within a two year period, shall be considered by the authority in deter- 15 mining whether the licensee had diligently implemented such an approved 16 program. 17 § 5. Subdivision 7 of section 65 of the alcoholic beverage control 18 law, as added by chapter 435 of the laws of 2010, is amended to read as 19 follows: 20 7. In any proceeding pursuant to section one hundred eighteen of this 21 chapter to revoke, cancel or suspend a license to sell alcoholic bever- 22 ages, in which proceeding a charge is sustained that a person violated 23 subdivision one or two of this section and the licensee has not had any 24 adjudicated violation of this chapter at the licensed premises where the 25 violation occurred within the previous five year period; and 26 (a) at the time of such violation the person that committed such 27 violation held a valid certificate of completion [or renewal] from [an28entity authorized to give and administer an] a certified training 29 provider for a licensee or server alcohol training awareness program 30 [pursuant to subdivision twelve of] as provided for in section [seven-31teen] eighteen-a of this chapter, the civil penalty related to such 32 offense shall be recovery of, as provided for in section one hundred 33 twelve of this chapter, the penal sum of the bond on file during the 34 period in which the violation took place; or 35 (b) at the time of such violation the licensee has not had any adjudi- 36 cated violations of this chapter at the licensed premises where the 37 violation occurred within the previous five year period, any civil 38 penalty imposed shall be reduced by twenty-five percent if the licensee 39 submits written proof, within ninety days of the imposition of such 40 civil penalty, that all of the licensee's employees involved in the 41 direct sale or service of alcoholic beverages to the public at the 42 licensed premises where the violation occurred have obtained a valid 43 certificate of completion [or renewal] from [an entity authorized to44give and administer an] a certified training provider for a licensee or 45 server alcohol training awareness program [pursuant to subdivision46twelve of] as provided for in section [seventeen] eighteen-a of this 47 chapter. 48 For the purposes of this subdivision, the five year period shall be 49 measured from the dates that the violations occurred. 50 § 6. The alcoholic beverage control law is amended by adding a new 51 section 106-c to read as follows: 52 § 106-c. Required training for on-premises licensees and employees. 1. 53 Every licensee holding a license under section fifty-five, fifty-five-a, 54 eighty-one, eighty-one-a, sixty-four, sixty-four-a, sixty-four-b, 55 sixty-four-c or sixty-four-d of this chapter shall have a person who 56 holds a valid certificate of completion from an approved licensee alco-A. 490 4 1 hol awareness training program as provided for in section eighteen-a of 2 this chapter. 3 (a) in the case of an individual holding a license, such person shall 4 be the licensee; 5 (b) in the case of a partnership holding a license, such person shall 6 be one of the partners; 7 (c) in the case of a corporation holding a license, such person shall 8 be one of the officers or directors; and 9 (d) in the case of a limited liability company, such person shall be 10 one of the members. 11 2. (a) No licensee holding a license under section fifty-five, fifty- 12 five-a, eighty-one, eighty-one-a, sixty-four, sixty-four-a, 13 sixty-four-b, sixty-four-c or sixty-four-d of this chapter shall employ 14 a person to perform any of the following duties unless such person holds 15 a valid certificate of completion from an approved server alcohol aware- 16 ness training program as provided for in section eighteen-a of this 17 chapter: 18 (i) any person who sells or serves alcoholic beverages to patrons of 19 the licensed premises; 20 (ii) any person who checks identification of patrons in or entering 21 the licensed premises; 22 (iii) any person providing security in or about the licensed premises; 23 (iv) any person who supervises persons performing the duties set forth 24 in subparagraph (i), (ii) or (iii) of this paragraph. 25 (b) For purposes of this subdivision, "employ" shall include persons 26 employed directly by the licensee and any other person directly or indi- 27 rectly hired or retained to perform services for the licensee. 28 (c) The provisions of this subdivision shall not apply to any person 29 who has been directly employed by the licensee for less than sixty days. 30 § 7. Section 109 of the alcoholic beverage control law is amended by 31 adding a new subdivision 3 to read as follows: 32 3. No application for the renewal of a license under section fifty- 33 five, fifty-five-a, eighty-one, eighty-one-a, sixty-four, sixty-four-a, 34 sixty-four-b, sixty-four-c or sixty-four-d of this chapter shall be 35 approved unless the licensee submits proof of compliance with the 36 provisions of subdivision one of section one hundred six-c of this arti- 37 cle. 38 § 8. Section 110 of the alcoholic beverage control law is amended by 39 adding a new subdivision 3-a to read as follows: 40 3-a. No application for a license under section fifty-five, fifty- 41 five-a, eighty-one, eighty-one-a, sixty-four, sixty-four-a, 42 sixty-four-b, sixty-four-c or sixty-four-d of this chapter shall be 43 approved unless the licensee submits proof of compliance with the 44 provisions of subdivision one of section one hundred six-c of this arti- 45 cle. 46 § 9. Subdivision 7 of section 110-b of the alcoholic beverage control 47 law, as amended by chapter 560 of the laws of 2011, is amended to read 48 as follows: 49 7. The liquor authority shall require such notification to be on a 50 standardized form that can be obtained on the internet or from the 51 liquor authority and such notification to include: 52 (a) the trade name or "doing business as" name, if any, of the estab- 53 lishment; 54 (b) the full name of the applicant; 55 (c) the street address of the establishment, including the floor 56 location or room number, if applicable;A. 490 5 1 (d) the mailing address of the establishment, if different than the 2 street address; 3 (e) the name, address and telephone number of the attorney or repre- 4 sentative of the applicant, if any; 5 (f) a statement indicating whether the application is for: 6 (i) a new establishment; 7 (ii) a transfer of an existing licensed business; 8 (iii) a renewal of an existing license; or 9 (iv) an alteration of an existing licensed premises; 10 (g) if the establishment is a transfer or previously licensed prem- 11 ises, the name of the old establishment and such establishment's license 12 serial number; 13 (h) in the case of a renewal or alteration application, the license 14 serial number of the applicant; [and] 15 (i) the type of license[.]; and 16 (j) a statement that the applicant is in compliance with the 17 provisions of subdivision one of section one hundred six-c of this arti- 18 cle. 19 § 10. This act shall take effect on the one hundred eightieth day 20 after it shall have become a law.
