Relates to the powers of chairman and members of the state liquor authority.

Sponsor: MARCELLINO / Co-sponsor(s): GRIFFO, JOHNSON, PERKINS, RANZENHOFER
Law Section: Alcoholic Beverage Control Law / Law: Amd SS15, 17 & 18, ABC L

S4303C-2011 Actions

Jun 12, 2012: SUBSTITUTED BY A7016B
May 30, 2012: ADVANCED TO THIRD READING
May 23, 2012: 2ND REPORT CAL.
May 22, 2012: 1ST REPORT CAL.885
Apr 18, 2012: REPORTED AND COMMITTED TO FINANCE
Mar 30, 2012: PRINT NUMBER 4303C
Mar 30, 2012: AMEND (T) AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
Jun 24, 2011: COMMITTED TO RULES
Jun 1, 2011: ADVANCED TO THIRD READING
May 25, 2011: 2ND REPORT CAL.
May 24, 2011: 1ST REPORT CAL.859
May 11, 2011: PRINT NUMBER 4303B
May 11, 2011: AMEND AND RECOMMIT TO FINANCE
May 10, 2011: REPORTED AND COMMITTED TO FINANCE
Apr 11, 2011: PRINT NUMBER 4303A
Apr 11, 2011: AMEND (T) AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
Mar 28, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S4303C-2011 Meetings

Finance: May 22, 2012, Investigations and Government Operations: Apr 18, 2012

S4303C-2011 Calendars

Active List: Jun 12, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012

S4303C-2011 Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - May 10, 2011

Ayes (5): Marcellino, Golden, Zeldin, Squadron, Diaz
Ayes W/R (3): Alesi, Nozzolio, Peralta

VOTE: COMMITTEE VOTE: - Finance - May 24, 2011

Ayes (29): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Lanza, Larkin, Little, Marcellino, Nozzolio, Robach, Seward, Young, Krueger, Breslin, Diaz, Dilan, Gianaris, Kruger, Montgomery, Parker, Perkins, Rivera, Stavisky, Stewart-Cousins
Ayes W/R (6): Hannon, LaValle, Saland, Duane, Oppenheimer, Peralta

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Apr 18, 2012

Ayes (7): Marcellino, Alesi, Golden, Nozzolio, Zeldin, Squadron, Diaz
Ayes W/R (1): Peralta

VOTE: COMMITTEE VOTE: - Finance - May 22, 2012

Ayes (31): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Diaz, Dilan, Montgomery, Oppenheimer, Parker, Rivera, Stavisky, Stewart-Cousins, Squadron
Ayes W/R (3): Gianaris, Peralta, Perkins
Nays (1): Duane

S4303C-2011 Memo

BILL NUMBER:S4303C

PURPOSE OF THE BILL:

This bill, which by its terms would sunset in three years, would
delegate to the Chairman of the State Liquor Authority exclusive
executive authority over the State Liquor Authority and the Alcoholic
Beverage Control Division. The Board of the State Liquor Authority,
consisting of the Chairman and two per diem commissioners, would
continue to have full regulatory authority.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Alcoholic Beverage Control law � 15
to remove from the members of the State Liquor Authority ("Authority")
the power to hire employees, and transfer the power of designating
additional offices from the members of the Authority to the Chairman.

Section 2 of the bill would amend Alcoholic Beverage Control Law � 17
to clarify the Authority's power to direct forfeiture of bonds; and
to remove from the members of the Authority the power to remove
employees, make budget and fiscal decisions, make required annual
reports, and develop minimum criteria for the Alcohol Training
Awareness Program.

Section 3 of the bill would amend Alcoholic Beverage Control Law � 18
to confer upon the Chairman the power to hire and fire employees,
make budget and fiscal decisions, make required reports, and develop
minimum criteria for the alcohol Training Awareness Program (ATAP).

Section 4 of the bill would provide for an immediate effective date
and a three year sunset provision.

EXISTING LAW:

Under existing law, the powers which this bill would grant the
Chairman are vested in the Board of the Authority. Pursuant to the
budget bill passed by the Legislature for fiscal year 2011-12, unlike
the Chairman who remains salaried, the other two commissioners of the
Authority are now per diem members of the Board.

PRIOR LEGISLATIVE HISTORY:

This is the same bill that was introduced in the Senate and passed by
the Assembly in 2011 (S.4303B/A.7016A) except for the addition
of a three-year sunset provision to the enacting clause. A similar
bill, without the three year sunset provision, was passed by the
Senate in 2010 (S.7698/A.11010).

STATEMENT IN SUPPORT:

In response to the 2009 New York State Law Revision Commission Report
on the Alcoholic Beverage Control Law and its Administration ("LRC
Report"), this bill proposes amendments to implement a recommendation
of the Law Revision Commission.

With respect to the powers of the Chairman, the Law Revision
Commission recommended, in relevant part, as follows (LRC Report,
p.25):

The ABC Law should be amended to grant the Chairman of the Authority
exclusive executive authority over both the division of alcoholic
beverage control and the Authority, including the authority to hire,
assign, and fire deputies, counsels, assistants, investigators and
all other employees within the limits of the agency appropriation, in
consultation with the other members of the Authority, removing all
such responsibility from the Authority.

ABC Law �� 15 and 17(4) currently delegate the power to hire and fire
to the three-member State Liquor Authority acting as a full board.
The Law Revision Commission noted that full board control over hiring
and firing may well prevent employment decisions from being made
where there is a vacancy on the Full Board and a disagreement between
the two serving board members (LRC Report, p. 122):

Although by statute, the Chairman has administrative control, he does
not have the power to hire and fire. The entire Board has to agree on
an employment decision. If there were not unanimous agreement between
the two current Commissioners, no employment decisions could be made.

Even where the Authority's board is fully staffed with its three
members, the Chairman's ability to lake administrative action may be
called into question by a challenge to the scope of his authority:

The multiple agency head exercising administrative authority could
result in the Chairman being undermined if the other members disagree
with him or her. For example, in 2008, two of the Commissioners
disagreed with certain actions of the Chairman so they voted to
rescind previous delegations of authority to the Chairman.

Sections 1 through 3 of the instant bill, in the first instance, seek
to implement the Law Revision Commission recommendation that the
Chairman be delegated exclusive administrative control over hiring
and firing. These sections also make clear the scope of the
Chairman's administrative authority over budget and fiscal matters,
the submission of required reports, and the development of minimum
criteria for ATAP.

Delegation of administrative functions to the exclusive control of the
Chairman does not diminish the regulatory powers exercised by the
three-member Authority. The three members of the Authority,
acting together as a full board, will continue to regulate alcoholic
beverage traffic within the State.

Briefly stated, Alcoholic Beverage Control Law � 17 will continue to
empower the three-member Authority:

1. To approve or disapprove license and permit applications;
2. To limit the number of licenses of each class to be issued within
the state or any political subdivision thereof;
3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter;
4. To fix by rule the standards in the manufacture of alcoholic
beverages to be sold or consumed in the state;
5. To hold bearings, subpoena and examine any person under oath, and
require the production of any books or papers relative to the inquiry;
6. To prohibit during a period of a public emergency the sale of any
or all alcoholic beverages;
7. To delegate the powers provided in this section to the Chairman, or
to such other officers or employees as may be designated by the
Chairman;
8. To appoint advisory groups; and
9. To approve or disapprove the
request of a county legislative body to restrict or modify the legal
hours of sale within such county.

Thus, while granting exclusive administrative authority to the
Chairman, this legislation would preserve for the full board those
functions best performed by a deliberative body, and those regulatory
determinations involving broad policy considerations that are best
left to a contemplative body.

BUDGET IMPLICATIONS:

This bill would have no cost to the State. If enacted, this bill would
help effectuate the savings anticipated by the implementation of the
reforms of the Authority sought in the Executive budget for State
Fiscal Year 2011-12.

LOCAL IMPACT:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall expire and be deemed
repealed three years after such effective date.

S4303C-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4303--C
 2011-2012 Regular Sessions
 I N  SENATE
 March 28, 2011
 
 Introduced by Sens. MARCELLINO, GRIFFO, JOHNSON, PERKINS, RANZENHOFER -
 (at  request  of the State Liquor Authority) -- read twice and ordered
 printed, and when printed to be committed to the Committee on Investi
 gations  and  Government  Operations  --  committee  discharged,  bill
 amended,  ordered reprinted as amended and recommitted to said commit
 tee -- reported favorably from said committee  and  committed  to  the
 Committee  on  Finance  -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee --  recommitted
 to  the  Committee  on  Investigations  and  Government  Operations in
 accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
 amended,  ordered reprinted as amended and recommitted to said commit
 tee
 

AN ACT to amend the alcoholic beverage control law, in relation  to  the
 powers of the chairman and members of the authority; and providing for
 the repeal of such provisions upon expiration thereof
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.  

Section 15 of the  alcoholic  beverage  control  law,  as
 amended by chapter 83 of the laws of 1995, the second undesignated para
 graph  as  amended  by section 1 of part F of chapter 411 of the laws of
 1999, is amended to read as follows:

 

S 15. Officers; employees; offices. [The authority shall have power to
 appoint any necessary deputies, counsels, assistants, investigators, and
 other employees within the limits provided by  appropriation.]  Investi
 gators  [so] employed by the [Authority] AUTHORITY shall be deemed to be
 peace officers for the purpose of enforcing the provisions of [the alco-
 holic beverage  control  law]  THIS  CHAPTER  or  judgements  or  orders
 obtained for violation thereof, with all the powers set forth in section
 2.20 of the criminal procedure law. The counsel, secretary, chief execu
 tive  officer,  assistant  chief executive officers, confidential secre
 taries to commissioners and deputies shall be in the exempt class of the
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09735-08-2
        S. 4303--C                          2
 civil service. The other assistants, investigators and employees of  the
 authority  shall  all  be in the competitive class of the civil service.
 The authority shall continue to have its principal office in the city of
 Albany,  and  may maintain a branch office in the cities of New York and
 Buffalo and such other places as [it] THE CHAIRMAN may deem necessary.
 [The authority shall establish appropriate procedures to  insure  that
 hearing  officers are shielded from ex parte communications with alleged
 violators and their attorneys and from other employees of the  authority
 and shall take such other steps as it shall deem necessary and proper to
 shield  its judicial processes from unwarranted and inappropriate commu-
 nications and attempts to influence.]
 

S 2.

Section 17 of the alcoholic beverage control law, as  amended  by
 chapter  83  of the laws of 1995, subdivision 3 as separately amended by
 section 1 of part L of chapter 62 and chapter 522 of the laws  of  2003,
 subdivision 8-a as added by chapter 383 of the laws of 1998, subdivision
 8-b  as  added  by  chapter  396  of the laws of 2010, subdivision 12 as
 amended by chapter 549 of the laws of 2001,  the  closing  paragraph  of
 subdivision  12  as amended by chapter 435 of the laws of 2010, subdivi
 sion 13 as added by chapter 403 of the laws of 1999, paragraphs (f)  and
 (g)  as  amended and paragraph (h) of subdivision 13 as added by chapter
 210 of the laws of 2005, and subdivision 14 as added  by  section  1  of
 part  WW  of  chapter  56  of  the  laws  of 2009, is amended to read as
 follows:

 

S 17. Powers of the authority. The authority shall have the  following
 functions, powers and duties: 1. To issue or refuse to issue any license
 or permit provided for in this chapter.
 2.  To limit in its discretion the number of licenses of each class to
 be issued within the state or any political subdivision thereof, and  in
 connection therewith to prohibit the acceptance of applications for such
 class or classes of licenses which have been so limited.
 3. To revoke, cancel or suspend for cause any license or permit issued
 under  this  chapter  and/or to impose a civil penalty for cause against
 any holder of a license or permit issued pursuant to this  chapter.  Any
 civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
 dollars as against the holder of any retail permit  issued  pursuant  to
 sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d  and
 paragraph f of subdivision one of section ninety-nine-b of this  chapter
 and  as  against  the  holder  of  any retail license issued pursuant to
 sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
 fifty-five-a,  sixty-three,  sixty-four,   sixty-four-a,   sixty-four-b,
 sixty-four-c, seventy-nine, eighty-one and eighty-one-a of this chapter,
 and  the  sum  of  thirty  thousand  dollars  as against the holder of a
 license issued pursuant to sections fifty-three,  seventy-six,  seventy
 six-a, [seventy-six-f,] and seventy-eight of this chapter, provided that
 the  civil  penalty  against  the  holder  of a wholesale license issued
 pursuant to section fifty-three of this chapter shall not exceed the sum
 of ten thousand dollars where that licensee violates provisions of  this
 chapter  during the course of the sale of beer at retail to a person for
 consumption at home, and the sum of  one  hundred  thousand  dollars  as
 against the holder of any license issued pursuant to sections fifty-one,
 sixty-one  and  sixty-two  of this chapter. Any civil penalty so imposed
 shall be in addition to and  separate  and  apart  from  the  terms  and
 provisions  of  the bond required pursuant to section one hundred twelve
 of this chapter. Provided that no appeal is pending on the imposition of
 such civil penalty, in the event such civil penalty imposed by the divi
 sion remains unpaid, in whole or in  part,  more  than  forty-five  days
        S. 4303--C                          3
 after  written  demand  for payment has been sent by first class mail to
 the address of the licensed premises,  a  notice  of  impending  default
 judgment  shall be sent by first class mail to the licensed premises and
 by  first  class  mail  to the last known home address of the person who
 signed the most recent license  application.  The  notice  of  impending
 default judgment shall advise the licensee: (a) that a civil penalty was
 imposed  on  the licensee; (b) the date the penalty was imposed; (c) the
 amount of the civil penalty; (d) the amount of the  civil  penalty  that
 remains  unpaid  as  of  the  date of the notice; (e) the violations for
 which the civil penalty was imposed; and (f) that a judgment by  default
 will be entered in the supreme court of the county in which the licensed
 premises  are located, or other court of civil jurisdiction or any other
 place provided for the entry of civil judgments within the state of  New
 York  unless  the  division receives full payment of all civil penalties
 due within twenty days of the date of the notice  of  impending  default
 judgment.  If  full payment shall not have been received by the division
 within thirty days of mailing of the notice of impending  default  judg
 ment, the division shall proceed to enter with such court a statement of
 the  default  judgment containing the amount of the penalty or penalties
 remaining due and unpaid, along with proof of mailing of the  notice  of
 impending  default  judgment. The filing of such judgment shall have the
 full force and effect of a default  judgment  duly  docketed  with  such
 court  pursuant  to  the  civil  practice law and rules and shall in all
 respects be governed by that chapter and may be  enforced  in  the  same
 manner  and  with  the same effect as that provided by law in respect to
 execution issued against property upon judgments of a court of record. A
 judgment entered pursuant to this subdivision shall remain in full force
 and effect for eight years notwithstanding any other provision of law.
 4. [To remove any employee of the authority for  cause,  after  giving
 such  employee  a  copy  of  the  charges against him in writing, and an
 opportunity to be heard thereon. Any action taken under this subdivision
 shall be subject to and in accordance with the civil service law.
 5.] To fix by rule the standards of manufacture  and  fermentation  in
 order  to  insure the use of proper ingredients and methods in the manu
 facture of alcoholic beverages to be sold or consumed in the state.
 [6.] 5. To hold hearings, subpoena witnesses, compel their attendance,
 administer oaths, to examine any person under  oath  and  in  connection
 therewith  to  require the production of any books or papers relative to
 the inquiry. A subpoena issued under this section shall be regulated  by
 the civil practice law and rules.
 [7.] 6. To prohibit, at any time of public emergency, without previous
 notice  or advertisement, the sale of any or all alcoholic beverages for
 and during the period of such emergency.
 [8. To make an annual report to the governor and  the  legislature  of
 its activities for the preceding year.
 8-a.  On and after January first, two thousand the report provided for
 in subdivision eight of this section shall include an evaluation of  the
 effectiveness of the prohibition on the sale of alcohol to persons under
 the  age of twenty-one as provided in section sixty-five-b of this chap-
 ter with particular emphasis on the provisions of subdivisions one, two,
 three, four and  five  of  section  sixty-five-b,  subdivision  five  of
 section  one  hundred nineteen and subdivision six of section sixty-five
 of this chapter, paragraph (b) of subdivision seven of section 170.55 of
 the criminal procedure law and subdivision (f) of section 19.07  of  the
 mental hygiene law.
        S. 4303--C                          4
 8-b.  On  and  after  January  first,  two thousand eleven, the report
 provided for in subdivision eight of this section shall include informa-
 tion related to the number of licenses applied for  and  the  length  of
 time  required for the approval or denial of such retail license applied
 for  pursuant  to subdivision two-c of section sixty-one, section sixty-
 four, section seventy-six, section seventy-six-a, section seventy-six-c,
 section seventy-six-d, and section seventy-six-f of this chapter.
 9. The] 7. TO DELEGATE THE powers provided in  this  section  [may  be
 delegated  by  the authority] to the chairman, or to such other officers
 or employees as may be designated by the chairman.
 [10.] 8. To appoint such advisory groups and committees  as  it  deems
 necessary  to  provide  assistance  to  the  authority  to carry out the
 purposes and objectives of this chapter.
 [11.] 9. Upon receipt of a resolution adopted by a board  of  supervi
 sors  or  a  county  legislative  body requesting further restriction of
 hours of sale of alcoholic beverages within such county, and upon notice
 and hearing within such county, to  approve  or  disapprove  such  hours
 within such county.
 [12.  To  develop  and establish minimum criteria for alcohol training
 awareness programs which may be given and administered by schools; other
 entities including trade associations whose members are  engaged  in  or
 involved  in  the  retail  sale  of  alcoholic  beverages;  national and
 regional franchisors who have granted at least five  franchises  in  the
 state  which  are  licensed  to  sell  beer  at  retail for off-premises
 consumption; licensees authorized to sell alcoholic beverages at  retail
 for  off-premises  consumption operating five or more licensed premises;
 and persons interested, whether as an individual proprietor  or  partner
 or  officer  or  member  of a limited liability company, in five or more
 licensees authorized to sell alcoholic beverages at retail for off-prem-
 ises consumption. The  authority  shall  provide  for  the  issuance  of
 certificates  of  approval  to  all certified alcohol training awareness
 programs. Certificates of approval may be revoked by the  authority  for
 failure  to  adhere to the authority's rules and regulations. Such rules
 and regulations shall afford those who have been issued a certificate of
 approval an opportunity for a hearing  prior  to  any  determination  of
 whether such certificate should be revoked.
 No  licensee  shall  be  required to apply for any such certificate or
 renewal certificate and the licensee may voluntarily  surrender  such  a
 certificate  or  renewal certificate at any time. A fee in the amount of
 nine hundred dollars shall be paid to the authority with  each  applica-
 tion for a certificate of approval or renewal certificate. The authority
 shall  promptly  refund  such  fee to an applicant whose application was
 denied. Each certificate of approval and renewal thereof shall be issued
 for a period of three years. To effectuate the provisions of this subdi-
 vision, the authority is empowered to  require  in  connection  with  an
 application  the  submission  of  such  information as the authority may
 direct; to prescribe forms of applications and of all reports  which  it
 deems  necessary  to  be made by any applicant or certificate holder; to
 conduct investigations; to require the maintenance  of  such  books  and
 records  as  the authority may direct; to revoke, cancel, or suspend for
 cause any certificate provided for  in  this  subdivision.  Each  entity
 authorized  to give and administer an alcohol training awareness program
 shall issue certificates of completion to all  licensees  and  employees
 who  successfully  complete  such an approved alcohol training awareness
 program. Such entity shall  regularly  transmit  to  the  authority  the
 names,  addresses  and  dates  of  attendance  of  all the licensees and
        S. 4303--C                          5
 employees of licensees who successfully  complete  an  approved  alcohol
 training  awareness  program.    Such transmittal shall be in a form and
 manner prescribed by the authority. The authority shall adopt rules  and
 regulations  to effectuate the provisions of this subdivision, including
 the minimum requirements  for  the  curriculum  of  each  such  training
 program  and  the  regular ongoing training of employees holding certif-
 icates of completion or renewal certificates. Such rules and regulations
 shall include the minimum requirements for  a  separate  curriculum  for
 licensees  and their employees authorized to sell alcoholic beverages at
 retail for off-premises consumption, minimum requirements for a separate
 curriculum for licensees and their employees authorized to sell alcohol-
 ic beverages at retail for on-premises consumption, and the  form  of  a
 certificate  of completion or renewal thereof to be issued in respect to
 each such type of program. A certificate of completion or renewal there-
 of issued by an entity authorized to  give  and  administer  an  alcohol
 training awareness program pursuant to this subdivision to licensees and
 their  employees  authorized  to  sell alcoholic beverages at retail for
 off-premises consumption shall not be invalidated by a change of employ-
 ment to another such licensee. A certificate of  completion  or  renewal
 thereof issued by an entity authorized to give and administer an alcohol
 training awareness program pursuant to this subdivision to licensees and
 their  employees  authorized  to  sell alcoholic beverages at retail for
 on-premises consumption shall not be invalidated by a change of  employ-
 ment  to  another  such  licensee.  Attendance at any course established
 pursuant to this section shall be in person, through  distance  learning
 methods, or through an internet based online program.
 13. To study and report to the governor and the legislature bi-ennial-
 ly on or before February first of each year concerning:
 (a)  recommendations to reduce the number and type of licenses, and to
 establish a uniform, statewide schedule of fees, such recommendations to
 include the development of a master application form for  all  licenses,
 with  specific  exhibits required for specific licenses, as appropriate,
 as well as recommendations on a non-refundable application fee set at  a
 level which will cover the cost of the review and which would be applied
 against the first year license fee if the application is granted;
 (b) recommendations to simplify license renewal procedures;
 (c)  recommendations  to streamline the processing of applications and
 to eliminate duplication of reviews,  such  recommendations  to  include
 uniform  standards  for application review and decision which shall seek
 to assure that the review is as objective as possible and to narrow  the
 discretion  of the authority or of any reviewer employed by the authori-
 ty;
 (d) the extent to which quality of life issues, such as  noise  level,
 vehicular  traffic  and  parking  are considered in licensing decisions,
 particularly as such issues pertain to proceedings pursuant to  subdivi-
 sion seven of section sixty-four of this chapter;
 (e)  recommendations  to improve enforcement methodologies in order to
 protect the health and safety of residents of  communities  experiencing
 persistent problems in the operation of retail establishments;
 (f)  recommendations  concerning  the  addition  of  field enforcement
 personnel and the ratios of such  field  enforcement  personnel  to  the
 total  numbers  of  licensees that in the view of the authority would be
 appropriate to insure compliance with the law. Such study shall  provide
 a  detailed  analysis of the costs and projected revenues to be obtained
 from the addition of such field enforcement personnel;
        S. 4303--C                          6
 (g) such other observations and recommendations concerning the  activ-
 ities  of the authority as will improve its effectiveness and efficiency
 including the utilization of on-line services to provide information  on
 a fee-for-service basis; and
 (h)  provide information concerning the name, total quantity and total
 price of wine purchased from New York state  and  out-of-state  wineries
 and  farm  wineries,  and  such other information on and recommendations
 concerning interstate wine shipment.
 14. For state fiscal year two thousand  nine--two  thousand  ten,  the
 authority  shall,  within  amounts  appropriated  therefore, improve and
 update their information technology in order to  meet  federal  security
 requirements  and  to  assist in the processing of license and/or permit
 applications and renewals.]
 

S 3.

Section 18 of the alcoholic beverage control  law,  as  added  by
 chapter 83 of the laws of 1995, is amended to read as follows:

 

S 18. Powers  and  duties of the chairman. The chairman shall have the
 following functions, powers and duties:

 1. To exercise the powers and perform the duties in  relation  to  the
 administration  of the division of alcoholic beverage control as are not
 specifically vested by this  chapter  in  the  state  liquor  authority,
 INCLUDING BUT NOT LIMITED TO BUDGETARY AND FISCAL MATTERS.
 2.  To preside at all meetings of the authority and perform the admin
 istrative functions of the authority.
 3. TO APPOINT ANY NECESSARY DEPUTIES, COUNSELS,  ASSISTANTS,  INVESTI
 GATORS, AND OTHER EMPLOYEES WITHIN THE LIMITS PROVIDED BY APPROPRIATION.
 4.  TO  REMOVE  ANY  EMPLOYEE OF THE AUTHORITY FOR CAUSE, AFTER GIVING
 SUCH EMPLOYEE A COPY OF THE CHARGES AGAINST HIM OR HER IN  WRITING,  AND
 AN OPPORTUNITY TO BE HEARD THEREON. ANY ACTION TAKEN UNDER THIS SUBDIVI
 SION SHALL BE SUBJECT TO AND IN ACCORDANCE WITH THE CIVIL SERVICE LAW.
 5.  To  keep  records  in  such form as he OR SHE may prescribe of all
 licenses and permits issued and revoked within the state;  such  records
 shall  be  so kept as to provide ready information as to the identity of
 all licensees including the names  of  the  officers  and  directors  of
 corporate  licensees  and  the  location  of  all licensed premises. The
 chairman may, with the approval of  the  commissioner  of  taxation  and
 finance,  contract  to  furnish  copies  of  the records of licenses and
 permits of each class and type issued within the state or any  political
 subdivision thereof, for any license or permit year or term of years not
 exceeding five years.
 [4.] 6. To inspect or provide for the inspection of any premises where
 alcoholic beverages are manufactured or sold.
 [5.]  7.  To  prescribe forms of applications for licenses and permits
 under this chapter and of all reports deemed necessary by the authority.
 [6.] 8. To delegate to the officers and employees  of  the  [division]
 AUTHORITY  such  of his OR HER powers and duties as he OR SHE may deter
 mine.
 9. TO ESTABLISH APPROPRIATE PROCEDURES TO INSURE THAT HEARING OFFICERS
 ARE SHIELDED FROM EX PARTE COMMUNICATIONS  WITH  ALLEGED  VIOLATORS  AND
 THEIR ATTORNEYS AND FROM OTHER EMPLOYEES OF THE AUTHORITY AND SHALL TAKE
 SUCH  OTHER  STEPS  AS  IT SHALL DEEM NECESSARY AND PROPER TO SHIELD ITS
 JUDICIAL PROCESSES FROM UNWARRANTED AND INAPPROPRIATE COMMUNICATIONS AND
 ATTEMPTS TO INFLUENCE.
 10. TO DEVELOP AND ESTABLISH MINIMUM  CRITERIA  FOR  ALCOHOL  TRAINING
 AWARENESS PROGRAMS WHICH MAY BE GIVEN AND ADMINISTERED BY SCHOOLS; OTHER
 ENTITIES  INCLUDING  TRADE  ASSOCIATIONS WHOSE MEMBERS ARE ENGAGED IN OR
 INVOLVED IN  THE  RETAIL  SALE  OF  ALCOHOLIC  BEVERAGES;  NATIONAL  AND
        S. 4303--C                          7
 REGIONAL  FRANCHISORS  WHO  HAVE GRANTED AT LEAST FIVE FRANCHISES IN THE
 STATE WHICH ARE  LICENSED  TO  SELL  BEER  AT  RETAIL  FOR  OFF-PREMISES
 CONSUMPTION;  LICENSEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL
 FOR  OFF-PREMISES  CONSUMPTION OPERATING FIVE OR MORE LICENSED PREMISES;
 AND PERSONS INTERESTED, WHETHER AS AN INDIVIDUAL PROPRIETOR  OR  PARTNER
 OR  OFFICER  OR  MEMBER  OF A LIMITED LIABILITY COMPANY, IN FIVE OR MORE
 LICENSEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR OFF-PREM
 ISES CONSUMPTION. THE  AUTHORITY  SHALL  PROVIDE  FOR  THE  ISSUANCE  OF
 CERTIFICATES  OF  APPROVAL  TO  ALL CERTIFIED ALCOHOL TRAINING AWARENESS
 PROGRAMS. CERTIFICATES OF APPROVAL MAY BE REVOKED BY THE  AUTHORITY  FOR
 FAILURE  TO ADHERE TO THE AUTHORITY'S RULES AND REGULATIONS.  SUCH RULES
 AND REGULATIONS SHALL AFFORD THOSE WHO HAVE BEEN ISSUED A CERTIFICATE OF
 APPROVAL AN OPPORTUNITY FOR A HEARING  PRIOR  TO  ANY  DETERMINATION  OF
 WHETHER SUCH CERTIFICATE SHOULD BE REVOKED.
 NO  LICENSEE  SHALL  BE  REQUIRED TO APPLY FOR ANY SUCH CERTIFICATE OR
 RENEWAL CERTIFICATE AND THE LICENSEE MAY VOLUNTARILY  SURRENDER  SUCH  A
 CERTIFICATE  OR  RENEWAL CERTIFICATE AT ANY TIME. A FEE IN THE AMOUNT OF
 NINE HUNDRED DOLLARS SHALL BE PAID TO THE AUTHORITY WITH  EACH  APPLICA
 TION FOR A CERTIFICATE OF APPROVAL OR RENEWAL CERTIFICATE. THE AUTHORITY
 SHALL  PROMPTLY  REFUND  SUCH  FEE TO AN APPLICANT WHOSE APPLICATION WAS
 DENIED. EACH CERTIFICATE OF APPROVAL AND RENEWAL THEREOF SHALL BE ISSUED
 FOR A PERIOD OF THREE YEARS. TO EFFECTUATE THE PROVISIONS OF THIS SUBDI
 VISION, THE AUTHORITY IS EMPOWERED TO  REQUIRE  IN  CONNECTION  WITH  AN
 APPLICATION  THE  SUBMISSION  OF  SUCH  INFORMATION AS THE AUTHORITY MAY
 DIRECT; TO PRESCRIBE FORMS OF APPLICATIONS AND OF ALL REPORTS  WHICH  IT
 DEEMS  NECESSARY  TO  BE MADE BY ANY APPLICANT OR CERTIFICATE HOLDER; TO
 CONDUCT INVESTIGATIONS; TO REQUIRE THE MAINTENANCE  OF  SUCH  BOOKS  AND
 RECORDS  AS  THE AUTHORITY MAY DIRECT; TO REVOKE, CANCEL, OR SUSPEND FOR
 CAUSE ANY CERTIFICATE PROVIDED FOR  IN  THIS  SUBDIVISION.  EACH  ENTITY
 AUTHORIZED  TO GIVE AND ADMINISTER AN ALCOHOL TRAINING AWARENESS PROGRAM
 SHALL ISSUE CERTIFICATES OF COMPLETION TO ALL  LICENSEES  AND  EMPLOYEES
 WHO  SUCCESSFULLY  COMPLETE  SUCH AN APPROVED ALCOHOL TRAINING AWARENESS
 PROGRAM. SUCH ENTITY SHALL  REGULARLY  TRANSMIT  TO  THE  AUTHORITY  THE
 NAMES,  ADDRESSES  AND  DATES  OF  ATTENDANCE  OF  ALL THE LICENSEES AND
 EMPLOYEES OF LICENSEES WHO SUCCESSFULLY  COMPLETE  AN  APPROVED  ALCOHOL
 TRAINING  AWARENESS  PROGRAM.  SUCH  TRANSMITTAL  SHALL BE IN A FORM AND
 MANNER PRESCRIBED BY THE AUTHORITY. THE AUTHORITY SHALL ADOPT RULES  AND
 REGULATIONS  TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION, INCLUDING
 THE MINIMUM REQUIREMENTS  FOR  THE  CURRICULUM  OF  EACH  SUCH  TRAINING
 PROGRAM  AND  THE  REGULAR ONGOING TRAINING OF EMPLOYEES HOLDING CERTIF
 ICATES OF COMPLETION OR RENEWAL CERTIFICATES. SUCH RULES AND REGULATIONS
 SHALL INCLUDE THE MINIMUM REQUIREMENTS FOR  A  SEPARATE  CURRICULUM  FOR
 LICENSEES  AND THEIR EMPLOYEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT
 RETAIL FOR OFF-PREMISES CONSUMPTION, MINIMUM REQUIREMENTS FOR A SEPARATE
 CURRICULUM FOR LICENSEES AND THEIR EMPLOYEES AUTHORIZED TO SELL ALCOHOL
 IC BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION, AND THE  FORM  OF  A
 CERTIFICATE  OF COMPLETION OR RENEWAL THEREOF TO BE ISSUED IN RESPECT TO
 EACH SUCH TYPE OF PROGRAM. A CERTIFICATE OF COMPLETION OR RENEWAL THERE
 OF ISSUED BY AN ENTITY AUTHORIZED TO  GIVE  AND  ADMINISTER  AN  ALCOHOL
 TRAINING AWARENESS PROGRAM PURSUANT TO THIS SUBDIVISION TO LICENSEES AND
 THEIR  EMPLOYEES  AUTHORIZED  TO  SELL ALCOHOLIC BEVERAGES AT RETAIL FOR
 OFF-PREMISES CONSUMPTION SHALL NOT BE INVALIDATED BY A CHANGE OF EMPLOY
 MENT TO ANOTHER SUCH LICENSEE. A CERTIFICATE OF  COMPLETION  OR  RENEWAL
 THEREOF ISSUED BY AN ENTITY AUTHORIZED TO GIVE AND ADMINISTER AN ALCOHOL
 TRAINING AWARENESS PROGRAM PURSUANT TO THIS SUBDIVISION TO LICENSEES AND
 THEIR  EMPLOYEES  AUTHORIZED  TO  SELL ALCOHOLIC BEVERAGES AT RETAIL FOR
        S. 4303--C                          8
 ON-PREMISES CONSUMPTION SHALL NOT BE INVALIDATED BY A CHANGE OF  EMPLOY
 MENT  TO  ANOTHER  SUCH LICENSEE.   ATTENDANCE AT ANY COURSE ESTABLISHED
 PURSUANT TO THIS SECTION SHALL BE IN PERSON, THROUGH  DISTANCE  LEARNING
 METHODS, OR THROUGH AN INTERNET BASED ONLINE PROGRAM.
 11.  TO  MAKE  AN ANNUAL REPORT TO THE GOVERNOR AND THE LEGISLATURE OF
 ITS ACTIVITIES FOR THE PRECEDING YEAR.
 12. ON AND AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWELVE,  THE  REPORT
 PROVIDED  FOR  IN  SUBDIVISION  ELEVEN  OF THIS SECTION SHALL INCLUDE AN
 EVALUATION OF THE EFFECTIVENESS OF THE PROHIBITION ON THE SALE OF  ALCO
 HOL  TO  PERSONS  UNDER  THE  AGE  OF  TWENTY-ONE AS PROVIDED IN SECTION
 SIXTY-FIVE-B OF THIS CHAPTER WITH PARTICULAR EMPHASIS ON THE  PROVISIONS
 OF  SUBDIVISIONS ONE, TWO, THREE, FOUR AND FIVE OF SECTION SIXTY-FIVE-B,
 SUBDIVISION FIVE OF SECTION ONE HUNDRED NINETEEN AND SUBDIVISION SIX  OF
 SECTION  SIXTY-FIVE  OF THIS CHAPTER, PARAGRAPH (B) OF SUBDIVISION SEVEN
 OF SECTION 170.55 OF THE CRIMINAL PROCEDURE LAW AND SUBDIVISION  (F)  OF
 SECTION 19.07 OF THE MENTAL HYGIENE LAW.
 13.    ON  AND  AFTER  JANUARY  FIRST, TWO THOUSAND TWELVE, THE REPORT
 PROVIDED FOR IN SUBDIVISION ELEVEN OF THIS SECTION SHALL INCLUDE  INFOR
 MATION  RELATED  TO THE NUMBER OF LICENSES APPLIED FOR AND THE LENGTH OF
 TIME REQUIRED FOR THE APPROVAL OR DENIAL OF SUCH RETAIL LICENSE  APPLIED
 FOR   PURSUANT  TO  SUBDIVISION  TWO-C  OF  SECTION  SIXTY-ONE,  SECTION
 SIXTY-FOUR, SECTION SEVENTY-SIX, SECTION SEVENTY-SIX-A,  SECTION  SEVEN
 TY-SIX-C, AND SECTION SEVENTY-SIX-D OF THIS CHAPTER.
 14. TO STUDY AND REPORT TO THE GOVERNOR AND THE LEGISLATURE BIENNIALLY
 ON OR BEFORE FEBRUARY FIRST OF EACH YEAR CONCERNING:

 (A)  RECOMMENDATIONS TO REDUCE THE NUMBER AND TYPE OF LICENSES, AND TO
 ESTABLISH A UNIFORM, STATEWIDE SCHEDULE OF FEES, SUCH RECOMMENDATIONS TO
 INCLUDE THE DEVELOPMENT OF A MASTER APPLICATION FORM FOR  ALL  LICENSES,
 WITH  SPECIFIC  EXHIBITS REQUIRED FOR SPECIFIC LICENSES, AS APPROPRIATE,
 AS WELL AS RECOMMENDATIONS ON A NON-REFUNDABLE APPLICATION FEE SET AT  A
 LEVEL WHICH WILL COVER THE COST OF THE REVIEW AND WHICH WOULD BE APPLIED
 AGAINST THE FIRST YEAR LICENSE FEE IF THE APPLICATION IS GRANTED;
 (B) RECOMMENDATIONS TO SIMPLIFY LICENSE RENEWAL PROCEDURES;
 (C)  RECOMMENDATIONS  TO STREAMLINE THE PROCESSING OF APPLICATIONS AND
 TO ELIMINATE DUPLICATION OF REVIEWS,  SUCH  RECOMMENDATIONS  TO  INCLUDE
 UNIFORM  STANDARDS  FOR APPLICATION REVIEW AND DECISION WHICH SHALL SEEK
 TO ASSURE THAT THE REVIEW IS AS OBJECTIVE AS POSSIBLE AND TO NARROW  THE
 DISCRETION  OF THE AUTHORITY OR OF ANY REVIEWER EMPLOYED BY THE AUTHORI
 TY;
 (D) THE EXTENT TO WHICH QUALITY OF LIFE ISSUES, SUCH AS  NOISE  LEVEL,
 VEHICULAR  TRAFFIC  AND  PARKING  ARE CONSIDERED IN LICENSING DECISIONS,
 PARTICULARLY AS SUCH ISSUES PERTAIN TO PROCEEDINGS PURSUANT TO  SUBDIVI
 SION SEVEN OF SECTION SIXTY-FOUR OF THIS CHAPTER;
 (E)  RECOMMENDATIONS  TO IMPROVE ENFORCEMENT METHODOLOGIES IN ORDER TO
 PROTECT THE HEALTH AND SAFETY OF RESIDENTS OF  COMMUNITIES  EXPERIENCING
 PERSISTENT PROBLEMS IN THE OPERATION OF RETAIL ESTABLISHMENTS;
 (F)  RECOMMENDATIONS  CONCERNING  THE  ADDITION  OF  FIELD ENFORCEMENT
 PERSONNEL AND THE RATIOS OF SUCH  FIELD  ENFORCEMENT  PERSONNEL  TO  THE
 TOTAL  NUMBERS  OF  LICENSEES THAT IN THE VIEW OF THE AUTHORITY WOULD BE
 APPROPRIATE TO INSURE COMPLIANCE WITH THE LAW. SUCH STUDY SHALL  PROVIDE
 A  DETAILED  ANALYSIS OF THE COSTS AND PROJECTED REVENUES TO BE OBTAINED
 FROM THE ADDITION OF SUCH FIELD ENFORCEMENT PERSONNEL;
 (G) SUCH OTHER OBSERVATIONS AND RECOMMENDATIONS CONCERNING THE  ACTIV
 ITIES  OF THE AUTHORITY AS WILL IMPROVE ITS EFFECTIVENESS AND EFFICIENCY
 INCLUDING THE UTILIZATION OF ON-LINE SERVICES TO PROVIDE INFORMATION  ON
 A FEE-FOR-SERVICE BASIS; AND
        S. 4303--C                          9
 (H)  PROVIDE INFORMATION CONCERNING THE NAME, TOTAL QUANTITY AND TOTAL
 PRICE OF WINE PURCHASED FROM NEW YORK STATE  AND  OUT-OF-STATE  WINERIES
 AND  FARM  WINERIES,  AND  SUCH OTHER INFORMATION ON AND RECOMMENDATIONS
 CONCERNING INTERSTATE WINE SHIPMENT.
 15.  FOR STATE FISCAL YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN,
 THE AUTHORITY SHALL, WITHIN AMOUNTS APPROPRIATED THEREFOR,  IMPROVE  AND
 UPDATE  THEIR  INFORMATION  TECHNOLOGY IN ORDER TO MEET FEDERAL SECURITY
 REQUIREMENTS AND TO ASSIST IN THE PROCESSING OF  LICENSE  AND/OR  PERMIT
 APPLICATIONS AND RENEWALS.
 

S  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed three years after such date.

S4303C-2011: Relates to the powers of chairman and members of the authority