Bill Text: NY S08140 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the reorganization of the alcoholic beverage control law.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2016-09-07 - SIGNED CHAP.297 [S08140 Detail]
Download: New_York-2015-S08140-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8140 IN SENATE June 13, 2016 ___________ Introduced by Sen. LANZA -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the alcoholic beverage control law and the executive law, in relation to a reorganization of the alcoholic beverage control law The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 10 of the alcoholic beverage control law, as 2 amended by chapter 83 of the laws of 1995, is amended to read as 3 follows: 4 § 10. State liquor authority. There shall continue to be in the exec- 5 utive department an alcoholic beverage control division, the head of 6 which shall be the state liquor authority [which] whose members shall 7 consist of [three members, who shall be known as commissioners] a chair- 8 man and two commissioners, all of whom shall be citizens and residents 9 of the state. [The state alcoholic beverage control board created and10appointed pursuant to chapter one hundred eighty of the laws of nineteen11hundred thirty-three, as presently constituted, shall continue in exist-12ence and hereafter shall be known and designated as the state liquor13authority.] The terms "state alcoholic beverage control board", "state 14 board", "liquor authority", or "authority", wherever occurring in any of 15 the provisions of this chapter or of any other law, or in any official 16 books, records, instruments, rules or papers, shall hereafter mean and 17 refer to the state liquor authority provided for in this section. 18 § 2. Section 14 of the alcoholic beverage control law, as amended by 19 chapter 83 of the laws of 1995, is amended to read as follows: 20 § 14. Vacancies; quorum. 1. In the event of a vacancy caused by the 21 death, resignation, removal or disability of any [member] commissioner, 22 the vacancy shall be filled by the governor by and with the advice and 23 consent of the senate for the unexpired term. 24 2. (a) In the event of a vacancy caused by the death, resignation, 25 removal, or disability of the chairman, the vacancy shall be filled by 26 the governor by and with the advice and consent of the senate for the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12046-05-6S. 8140 2 1 unexpired term. Notwithstanding any other provision of law to the 2 contrary, the governor shall designate one of the commissioners to serve 3 as acting chairman for a period not to exceed six months or until a 4 successor chairman has been confirmed by the senate, whichever comes 5 first. Upon the expiration of the six month term, if the governor has 6 nominated a successor chairman, but the senate has not acted upon the 7 nomination, the acting chairman can continue to serve as acting chairman 8 for an additional ninety days or until the governor's successor chairman 9 nomination is confirmed by the senate, whichever comes first. 10 (b) The governor shall provide immediate written notice to the tempo- 11 rary president of the senate of the designation of a commissioner as 12 acting chairman. 13 (c) If (i) the governor has not nominated a successor chairman upon 14 the expiration of the six month term or (ii) the senate does not confirm 15 the governor's successor nomination within the additional ninety days, 16 the commissioner designated as acting chairman shall no longer be able 17 to serve as acting chairman and the governor is prohibited from extend- 18 ing the powers of that acting chairman or from designating another 19 commissioner to serve as acting chairman. 20 (d) A commissioner serving as the acting chairman of the authority 21 shall be deemed a state officer for purposes of section seventy-three of 22 the public officers law. 23 3. A majority of the members of the authority shall constitute a 24 quorum for the purpose of conducting the business thereof and a majority 25 vote of all the members in office shall be necessary for action. 26 Provided, however, that a commissioner designated as an acting chairman 27 pursuant to subdivision two of section fourteen of this chapter shall 28 have only one vote for purposes of conducting the business of the 29 authority. 30 § 3. Subdivision 3 of section 17 of the alcoholic beverage control 31 law, as amended by section 2 of chapter 355 of the laws of 2013, is 32 amended to read as follows: 33 3. To revoke, cancel or suspend for cause any license or permit issued 34 under this chapter and/or to impose a civil penalty for cause against 35 any holder of a license or permit issued pursuant to this chapter. Any 36 civil penalty so imposed shall not exceed the sum of ten thousand 37 dollars as against the holder of any retail permit issued pursuant to 38 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and 39 paragraph f of subdivision one of section ninety-nine-b of this chapter, 40 and as against the holder of any retail license issued pursuant to 41 sections [fifty-two,] fifty-three-a, fifty-four, fifty-four-a, fifty- 42 five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b, 43 sixty-four-c, seventy-six-f, seventy-nine, eighty-one and eighty-one-a 44 of this chapter, and the sum of thirty thousand dollars as against the 45 holder of a license issued pursuant to sections fifty-three, 46 sixty-one-a, sixty-one-b, seventy-six, seventy-six-a, and seventy-eight 47 of this chapter, provided that the civil penalty against the holder of a 48 wholesale license issued pursuant to section fifty-three of this chapter 49 shall not exceed the sum of ten thousand dollars where that licensee 50 violates provisions of this chapter during the course of the sale of 51 beer at retail to a person for consumption at home, and the sum of one 52 hundred thousand dollars as against the holder of any license issued 53 pursuant to sections fifty-one, sixty-one, and sixty-two of this chap- 54 ter. Any civil penalty so imposed shall be in addition to and separate 55 and apart from the terms and provisions of the bond required pursuant to 56 section one hundred twelve of this chapter. Provided that no appeal isS. 8140 3 1 pending on the imposition of such civil penalty, in the event such civil 2 penalty imposed by the division remains unpaid, in whole or in part, 3 more than forty-five days after written demand for payment has been sent 4 by first class mail to the address of the licensed premises, a notice of 5 impending default judgment shall be sent by first class mail to the 6 licensed premises and by first class mail to the last known home address 7 of the person who signed the most recent license application. The 8 notice of impending default judgment shall advise the licensee: (a) that 9 a civil penalty was imposed on the licensee; (b) the date the penalty 10 was imposed; (c) the amount of the civil penalty; (d) the amount of the 11 civil penalty that remains unpaid as of the date of the notice; (e) the 12 violations for which the civil penalty was imposed; and (f) that a judg- 13 ment by default will be entered in the supreme court of the county in 14 which the licensed premises are located, or other court of civil juris- 15 diction or any other place provided for the entry of civil judgments 16 within the state of New York unless the division receives full payment 17 of all civil penalties due within twenty days of the date of the notice 18 of impending default judgment. If full payment shall not have been 19 received by the division within thirty days of mailing of the notice of 20 impending default judgment, the division shall proceed to enter with 21 such court a statement of the default judgment containing the amount of 22 the penalty or penalties remaining due and unpaid, along with proof of 23 mailing of the notice of impending default judgment. The filing of such 24 judgment shall have the full force and effect of a default judgment duly 25 docketed with such court pursuant to the civil practice law and rules 26 and shall in all respects be governed by that chapter and may be 27 enforced in the same manner and with the same effect as that provided by 28 law in respect to execution issued against property upon judgments of a 29 court of record. A judgment entered pursuant to this subdivision shall 30 remain in full force and effect for eight years notwithstanding any 31 other provision of law. 32 § 4. Subdivision 3 of section 17 of the alcoholic beverage control 33 law, as amended by section 3 of chapter 355 of the laws of 2013, is 34 amended to read as follows: 35 3. To revoke, cancel or suspend for cause any license or permit issued 36 under this chapter and/or to impose a civil penalty for cause against 37 any holder of a license or permit issued pursuant to this chapter. Any 38 civil penalty so imposed shall not exceed the sum of ten thousand 39 dollars as against the holder of any retail permit issued pursuant to 40 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and 41 paragraph f of subdivision one of section ninety-nine-b of this chapter, 42 and as against the holder of any retail license issued pursuant to 43 sections [fifty-two,] fifty-three-a, fifty-four, fifty-four-a, fifty- 44 five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b, 45 sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and eighty-one-a 46 of this chapter, and the sum of thirty thousand dollars as against the 47 holder of a license issued pursuant to sections fifty-three, 48 sixty-one-a, sixty-one-b, seventy-six, seventy-six-a and seventy-eight 49 of this chapter, provided that the civil penalty against the holder of a 50 wholesale license issued pursuant to section fifty-three of this chapter 51 shall not exceed the sum of ten thousand dollars where that licensee 52 violates provisions of this chapter during the course of the sale of 53 beer at retail to a person for consumption at home, and the sum of one 54 hundred thousand dollars as against the holder of any license issued 55 pursuant to sections fifty-one, sixty-one and sixty-two of this chapter. 56 Any civil penalty so imposed shall be in addition to and separate andS. 8140 4 1 apart from the terms and provisions of the bond required pursuant to 2 section one hundred twelve of this chapter. Provided that no appeal is 3 pending on the imposition of such civil penalty, in the event such civil 4 penalty imposed by the division remains unpaid, in whole or in part, 5 more than forty-five days after written demand for payment has been sent 6 by first class mail to the address of the licensed premises, a notice of 7 impending default judgment shall be sent by first class mail to the 8 licensed premises and by first class mail to the last known home address 9 of the person who signed the most recent license application. The notice 10 of impending default judgment shall advise the licensee: (a) that a 11 civil penalty was imposed on the licensee; (b) the date the penalty was 12 imposed; (c) the amount of the civil penalty; (d) the amount of the 13 civil penalty that remains unpaid as of the date of the notice; (e) the 14 violations for which the civil penalty was imposed; and (f) that a judg- 15 ment by default will be entered in the supreme court of the county in 16 which the licensed premises are located, or other court of civil juris- 17 diction, or any other place provided for the entry of civil judgments 18 within the state of New York unless the division receives full payment 19 of all civil penalties due within twenty days of the date of the notice 20 of impending default judgment. If full payment shall not have been 21 received by the division within thirty days of mailing of the notice of 22 impending default judgment, the division shall proceed to enter with 23 such court a statement of the default judgment containing the amount of 24 the penalty or penalties remaining due and unpaid, along with proof of 25 mailing of the notice of impending default judgment. The filing of such 26 judgment shall have the full force and effect of a default judgment duly 27 docketed with such court pursuant to the civil practice law and rules 28 and shall in all respects be governed by that chapter and may be 29 enforced in the same manner and with the same effect as that provided by 30 law in respect to execution issued against property upon judgments of a 31 court of record. A judgment entered pursuant to this subdivision shall 32 remain in full force and effect for eight years notwithstanding any 33 other provision of law. 34 § 5. The alcoholic beverage control law is amended by adding two new 35 sections 61-a and 61-b to read as follows: 36 § 61-a. Combined craft manufacturing license. 1. The authority may 37 issue a combined craft manufacturer's license to a person for the 38 purposes of articles four, four-a, five and six of this chapter, combin- 39 ing the privileges of two or more farm or micro manufacturing licenses 40 for use at one premises. 41 2. The license fee for the combined license shall equal the sum of the 42 license fees for each of the licenses included in the combined license. 43 Provided, however, that only one filing fee shall be required for any 44 combined license. 45 3. The license certificate of the combined license shall set forth the 46 licenses that are included under the combined license. 47 4. A combined farm manufacturer's license may combine two or more of 48 the following licenses: farm brewery; micro-brewery; farm cidery; farm 49 winery; micro-distillery; micro-rectifier; and farm distillery. 50 Provided, however, that the licensed premises for a combined farm 51 manufacturer's license that includes a farm winery license must be 52 located on a farm. 53 § 61-b. Importer's license. An importer's license shall authorize the 54 holder thereof to import alcoholic beverages into this state and sell 55 such alcoholic beverages to licensed wholesalers authorized to sell such 56 alcoholic beverages.S. 8140 5 1 § 6. Subdivision 4 of section 63 of the alcoholic beverage control 2 law, as amended by chapter 603 of the laws of 1992, is amended to read 3 as follows: 4 4. No licensee under this section shall be engaged in any other busi- 5 ness on the licensed premises. The sale of lottery tickets, when duly 6 authorized and lawfully conducted, the sale of corkscrews or the sale of 7 ice or the sale of publications, including prerecorded video and/or 8 audio cassette tapes, designed to help educate consumers in their know- 9 ledge and appreciation of wine and wine products, as defined in section 10 three of this chapter, or the sale of non-carbonated, non-flavored 11 mineral waters, spring waters and drinking waters or the sale of glasses 12 designed for the consumption of wine, racks designed for the storage of 13 wine, and devices designed to minimize oxidation in bottles of wine 14 which have been uncorked, or the sale of gift bags, gift boxes, or wrap- 15 ping, for alcoholic beverages purchased at the licensed premises shall 16 not constitute engaging in another business within the meaning of this 17 subdivision. 18 § 7. Section 66 of the alcoholic beverage control law is amended by 19 adding a new subdivision 3-a to read as follows: 20 3-a. The annual fee for an importer's license shall be one hundred 21 twenty-five dollars. 22 § 8. Subdivision 1 of section 93 of the alcoholic beverage control law 23 is amended to read as follows: 24 1. No individual shall offer for sale or solicit any order in the 25 state for the sale of any alcoholic beverage irrespective of whether 26 such sale is to be made within or without the state, unless such person 27 shall have a solicitor's permit. Provided, however, that no permit 28 under this section shall be required for an individual who is soliciting 29 orders on behalf of a micro-brewery, farm brewery, farm cidery, farm 30 winery, micro-farm winery, micro-distillery, micro-rectifier, or farm 31 distillery licensed under this chapter. 32 § 9. Subdivision 4 of section 93 of the alcoholic beverage control 33 law, as amended by section 12 of part Z of chapter 85 of the laws of 34 2002, is amended to read as follows: 35 4. Notwithstanding the foregoing provisions of this section, any duly 36 licensed manufacturer or wholesaler may apply to the liquor authority 37 for an annual temporary solicitor's employment permit. Such permit shall 38 authorize such manufacturer or wholesaler to employ one or more persons 39 as a solicitor for a period of not exceeding [sixty consecutive working40days] six months provided that within [thirty] sixty days after such 41 employee has been employed as a solicitor such employee shall file his 42 application for a solicitor's permit with the liquor authority. The 43 license fee for such permit shall be thirty-eight dollars per year, or 44 for any part thereof, and the permit shall be issued for the calendar 45 year. Such permit and the exercise of the privileges hereby granted 46 thereunder, shall be subject to such terms and conditions as may be 47 prescribed by the liquor authority. 48 § 10. The alcoholic beverage control law is amended by adding a new 49 section 99-h to read as follows: 50 § 99-h. Sunday on-premises sales permit. 1. A permit issued under 51 this section shall authorize a person licensed to sell alcoholic bever- 52 ages for consumption on the premises pursuant to this chapter to sell 53 alcoholic beverages for on-premises consumption on Sunday between the 54 hours of eight o'clock a.m. and ten o'clock a.m. 55 2. A permit under this section shall be issued for one calendar day.S. 8140 6 1 3. The fee for such a permit shall be twenty-five dollars, together 2 with a filing fee of ten dollars. 3 4. An applicant for a permit under this section shall provide notice 4 to the local municipality of such application as provided in section one 5 hundred ten-b of this chapter. 6 5. No more than twelve permits under this section may be issued to the 7 same licensee in any calendar year. 8 6. A permit under this section shall not be available for any licensed 9 premises located in a city with a population of one million or more. 10 7. Such permit and the exercise of the privileges granted thereunder 11 shall be subject to such rules that the authority may deem necessary. 12 § 11. Subdivisions 5 and 11 of section 105 of the alcoholic beverage 13 control law, as amended by chapter 503 of the laws of 1984, subdivision 14 5 as separately amended by chapter 628 of the laws of 1984, are amended 15 to read as follows: 16 5. No retail licensee of liquor and/or wine for off-premises consump- 17 tion shall keep upon the licensed premises any liquors and/or wines in 18 any cask, barrel, keg, hogshead or other container, except in the 19 original sealed package, as received from the manufacturer or whole- 20 saler. Such containers shall have affixed thereto such labels as may be 21 required by the rules of the liquor authority, together with all neces- 22 sary federal revenue and New York state excise tax stamps, as required 23 by law. Such containers shall not be opened nor its contents consumed on 24 the premises where sold, except for the purpose of wine tasting or 25 sampling by any person pursuant to authorization to conduct such a 26 sampling or tasting pursuant to subdivision [two] three of section 27 seventy-six of this chapter except those to whom sales are prohibited in 28 section sixty-five of this chapter. The provisions of this subdivision 29 shall not prohibit a licensed winery or farm winery from selling or 30 delivering wine to a consumer for off-premises consumption in a contain- 31 er not to exceed four liters in capacity that shall have a temporarily 32 secured seal for purposes of removing the wine from the premises. 33 11. No retail licensee of liquor and/or wine for off-premises consump- 34 tion shall keep or permit to be kept upon the licensed premises, any 35 liquors and/or wines in any unsealed bottle or other unsealed container, 36 except for the purpose of wine tasting or sampling by any person pursu- 37 ant to authorization to conduct such a sampling or tasting pursuant to 38 subdivision [two] three of section seventy-six of this chapter except 39 those to whom sales are prohibited in section sixty-five of this chap- 40 ter. The provisions of this subdivision shall not prohibit a licensed 41 winery or farm winery from selling or delivering wine to a consumer for 42 off-premises consumption in a container not to exceed four liters in 43 capacity that shall have a temporarily secured seal for purposes of 44 removing the wine from the premises. 45 § 12. Subdivision 3 and paragraph (a) of subdivision 5 of section 106 46 of the alcoholic beverage control law, paragraph (a) of subdivision 5 as 47 amended by chapter 83 of the laws of 1995, are amended to read as 48 follows: 49 3. No retail licensee for on-premises consumption shall sell, deliver 50 or give away, or cause or permit or procure to be sold, delivered or 51 given away any liquors and/or wines for consumption off the premises 52 where sold. The provisions of this subdivision shall not prohibit a 53 licensed winery or farm winery from allowing a patron to leave the 54 winery or farm winery with a partially consumed bottle of wine provided 55 that the removal of the bottle is done in accordance with subdivision 56 four of section eighty-one of this chapter.S. 8140 7 1 (a) Sunday, from four ante meridiem to [twelve noon] ten o'clock a.m., 2 except pursuant to a permit issued under section ninety-nine-h of this 3 chapter. 4 § 13. Section 108 of the alcoholic beverage control law, as amended by 5 chapter 419 of the laws of 1950, is amended to read as follows: 6 § 108. Restrictions upon licensees. 1. No licensee except the holder 7 of a [brewer's or distiller's license or a winery] license to manufac- 8 ture alcoholic beverages shall keep or permit to be kept or consumed on 9 the licensed premises any alcoholic beverage except the alcoholic bever- 10 ages which he is permitted to sell under the terms of the license issued 11 to him. 12 2. The provisions of subdivision one of this section shall not prohib- 13 it a person holding a retail on-premises license and a retail off-prem- 14 ises beer or beer and wine products license for an adjacent premises to 15 transport alcoholic beverages through such off-premises location to 16 supply such adjacent on-premises location. 17 § 14. Section 112 of the alcoholic beverage control law, as amended by 18 chapter 335 of the laws of 1944, and as further amended by section 104 19 of part A of chapter 62 of the laws of 2011, is amended to read as 20 follows: 21 § 112. Bonds of licensees and permittees. The liquor authority may 22 require the licensees and permittees of one or more of the kinds or 23 classes described in this chapter to file with it a bond to the people 24 of the state of New York issued by a surety company, approved by the 25 superintendent of financial services as to solvency and responsibility 26 and authorized to transact business in this state, in such penal sum as 27 the liquor authority may heretofore have prescribed or hereafter shall 28 prescribe, conditioned that such licensee or permittee will not suffer 29 or permit any violation of the provisions of this chapter and that all 30 fines and penalties which shall accrue, during the time the license or 31 permit shall be in effect, will be paid, together with all costs taxed 32 or allowed in any action or proceeding brought or instituted for a 33 violation of any of the provisions of this chapter. A suit to recover on 34 any bond filed pursuant to chapter one hundred eighty of the laws of 35 nineteen hundred thirty-three or this chapter may be brought by the 36 liquor authority or on relation of any party aggrieved, in a court of 37 competent jurisdiction and in the event that the obligor named in such 38 bond has violated any of the conditions of such bond, recovery for the 39 penal sum of such bond may be had in favor of the people of the state. 40 Notwithstanding the provisions of this section, no bond shall be 41 required to be filed by the holder of a solicitor's permit issued under 42 section ninety-three of this chapter. 43 § 15. Section 118 of the alcoholic beverage control law is amended by 44 adding a new subdivision 5 to read as follows: 45 5. Notwithstanding any other provision of this chapter to the contra- 46 ry, a suspension imposed under this section against the holder of a 47 license issued under section sixty-one-a of this chapter shall only 48 suspend the licensed activities related to the type of alcoholic bever- 49 age involved in the violation resulting in the suspension. 50 § 16. The opening paragraph of section 270 of the executive law, as 51 amended by chapter 83 of the laws of 1995, is amended to read as 52 follows: 53 The head of the alcoholic beverage control division shall be the state 54 liquor authority [which] whose members shall consist of [three members,55who shall be known as commissioners] a chairman and two commissioners, 56 who shall be appointed by the governor, by and with the advice andS. 8140 8 1 consent of the senate[, and one of whom shall be designated as chairman2by the governor]. 3 § 17. Section 273 of the executive law, as amended by chapter 83 of 4 the laws of 1995, is amended to read as follows: 5 § 273. Vacancies; quorum. (a) In the event of a vacancy caused by 6 death, resignation, removal or disability of [any member] a 7 commissioner, the vacancy shall be filled by the governor by and with 8 the advice and consent of the senate for the unexpired term. 9 (b) In the event of a vacancy caused by the death, resignation, 10 removal or disability of the chairman, the vacancy shall be filled by 11 the governor by and with the advice and consent of the senate for the 12 unexpired term. Notwithstanding any other provision of law to the 13 contrary, the governor shall designate one of the commissioners to serve 14 as acting chairman for a period not to exceed six months or until a 15 successor chairman has been confirmed by the senate, whichever comes 16 first. Upon the expiration of the six month term, if the governor has 17 nominated a successor chairman, but the senate has not acted upon the 18 nomination, the acting chairman can continue to serve as acting chairman 19 for an additional ninety days or until the governor's successor chairman 20 nomination is confirmed by the senate, whichever comes first. 21 (c) The governor shall provide immediate written notice to the tempo- 22 rary president of the senate of the designation of a commissioner as 23 acting chairman. 24 (d) If (i) the governor has not nominated a successor chairman upon 25 the expiration of the six month term or (ii) the senate does not confirm 26 the governor's successor nomination within the additional ninety days, 27 the commissioner designated as acting chairman shall no longer be able 28 to serve as acting chairman and the governor is prohibited from extend- 29 ing the powers of that acting chairman or from designating another 30 commissioner to serve as acting chairman. 31 (e) A commissioner serving as the acting chairman of the authority 32 shall be deemed a state officer for purposes of section seventy-three of 33 the public officers law. 34 (f) A majority of the members of the authority shall constitute a 35 quorum for the purpose of conducting the business thereof and a majority 36 vote of all the members in office shall be necessary for action. 37 Provided, however, that a commissioner designated as an acting chairman 38 pursuant to subdivision two of section fourteen of this chapter shall 39 have only one vote for purposes of conducting the business of the 40 authority. 41 § 18. This act shall take effect on the sixtieth day after it shall 42 have become a law; provided, however, that section twelve of this act 43 shall take effect immediately; provided, further, that the amendments to 44 section 17 of the alcoholic beverage control law made by section three 45 of this act shall be subject to the expiration and reversion of such 46 section pursuant to section 4 of chapter 118 of the laws of 2012, as 47 amended, when upon such date the provisions of section four of this act 48 shall take effect; and further provided that sections six and thirteen 49 of this act shall expire and be deemed repealed three years after such 50 effective date.
