S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10113

                          I N  A S S E M B L Y

                              June 14, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of 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
  establishing  on-premise  liquor  licenses  for certified educators of
  alcoholic beverage instructional courses, establishing special permits
  for registered lecturers to conduct these  courses,  and  establishing
  the "responsible alcohol education act"

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

  Section 1. This act shall be known and may be cited as the  "responsi-
ble alcohol education act."
  S  2.  Section  3  of the alcoholic beverage control law is amended by
adding a new subdivision 7-aa to read as follows:
  7-AA. "CERTIFIED EDUCATOR" MEANS ANY PERSONS OR COMPANY OWNED AND  RUN
BY  PERSONS  WHO  HAVE  APPROPRIATE  CREDENTIALING AND WHO ENGAGE IN THE
SPECIFIC BUSINESS OF  CREATING,  SELLING,  AND  EXECUTING  INSTRUCTIONAL
COURSES  IN THE CONSUMPTION AND APPRECIATION OF WINE, BEER, AND SPIRITS.
CERTIFIED EDUCATORS MUST POSSESS CERTIFICATION THAT IS  SATISFACTORY  TO
THE  STATE LIQUOR AUTHORITY ("AUTHORITY"), INCLUDING, BUT NOT LIMITED TO
THE FOLLOWING: (A) A CERTIFIED SPECIALIST  OF  WINE  OR  CERTIFIED  WINE
EDUCATOR  STATUS  AS  CONFERRED  BY THE SOCIETY OF WINE EDUCATORS; (B) A
WINE AND SPIRITS EDUCATION TRUST DIPLOMA;  (C)  STATUS  AS  A  CERTIFIED
SOMMELIER;  (D) THE COMPLETION OF A WINE INDUSTRY PROGRAM AT A TECHNICAL
COLLEGE OR  CULINARY  SCHOOL;  (E)  CERTIFICATION  AS  A  CICERONE;  (F)
COMPLETION  OF  COURSEWORK  FROM  THE  MASTER BREWERS ASSOCIATION OF THE
AMERICAS; (G) OR ANY  OTHER  CERTIFICATION  PROGRAM  ACCEPTABLE  TO  THE
AUTHORITY.  CERTIFIED  EDUCATORS  MUST ALSO COMPLETE TRAINING FOR INTER-
VENTION PROCEDURES (TIPS) OR OTHER CERTIFIED ALCOHOL  TRAINING  PROGRAMS
AND  HAVE  A  VALID  CERTIFICATE  ON FILE WITH THE AUTHORITY.  CERTIFIED
EDUCATORS MAY INDIVIDUALLY PERFORM INSTRUCTIONAL COURSES OR  BE  ALLOWED
TO  RETAIN  REGISTERED LECTURERS TO SERVE AS THE ON-SITE SUPERVISORS AND
TEACHERS OF EACH CLASS AND TO OVERSEE THE POURING OF BEVERAGES BY VOLUN-
TEERS WORKING UNDER THEIR DIRECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15596-01-4
              

A. 10113                            2

  S 3. Section 3 of the alcoholic beverage control  law  is  amended  by
adding a new subdivision 24-a to read as follows:
  24-A.  "REGISTERED  LECTURER"  MEANS  ANY PERSON WHO POSSESSES CERTIF-
ICATION THAT IS SATISFACTORY TO THE AUTHORITY AND WHO IS RETAINED  BY  A
CERTIFIED  EDUCATOR  FOR THE PURPOSE OF ON-SITE SUPERVISION AND INSTRUC-
TION OF EACH CLASS, AS WELL AS  TO  OVERSEE  THE  POURING  OF  ALCOHOLIC
BEVERAGES BY VOLUNTEERS WORKING UNDER THEIR DIRECTION.
  S  4.  The  alcoholic  beverage control law is amended by adding a new
section 55-d to read as follows:
  S 55-D. CERTIFIED EDUCATOR'S  LICENSES.  THE  AUTHORITY  MAY  ISSUE  A
"CERTIFIED  EDUCATOR  LICENSE"  TO  A PERSON OR COMPANY OWNED AND RUN BY
PERSONS WHO MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION  SEVEN-AA  OF
SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
PER  LICENSE  TO  A CERTIFIED EDUCATOR OF ALCOHOLIC BEVERAGES, UNDER THE
FOLLOWING CONDITIONS:
  1. LICENSES SHALL BE LIMITED TO A  PERMANENT  LOCATION  WHERE  CLASSES
WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
THE CHANGE TO THE COURSE'S LOCATION;
  2.  THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC BEVERAGES
FROM DOMESTIC WHOLESALERS, WITH THE DECISIONS TO BE MADE  BASED  ON  THE
JUDGMENT OF THE CERTIFIED EDUCATOR;
  3.  THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL DATE
OF ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE  AUTHORITY
NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
  4.  THE  LICENSE  MAY  BE USED TO SERVE ALCOHOLIC BEVERAGES FOR EDUCA-
TIONAL PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF  TWENTY-ONE
IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
  5.  ALL  EVENTS  CONDUCTED  PURSUANT TO THIS LICENSE MUST BE CONDUCTED
THROUGH ADVANCE REGISTRATION, AND  NO  WALK-IN  ACCESS  TO  THE  GENERAL
PUBLIC IS PERMITTED;
  6.  ALL  PERSONS  RETAINED  BY  A  CERTIFIED EDUCATOR TO ENGAGE IN THE
INSTRUCTION AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL  PERMITS,
AS  SPECIFIED  IN SECTION NINETY-NINE-H OF THIS CHAPTER, THAT ARE ISSUED
BY THE AUTHORITY FOR  THE  PURPOSE  OF  SUPERVISING  CLASSES,  PROVIDING
EDUCATIONAL  INSTRUCTION  ON ALCOHOLIC BEVERAGES, OVERSEEING THE POURING
OF BEVERAGES BY VOLUNTEERS, AND CARRYING ON  THE  ACTIVITIES  ASSOCIATED
WITH ALCOHOLIC BEVERAGE EDUCATION;
  7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
  8. EXCEPT AS PROVIDED FOR IN THIS  SECTION,  CERTIFIED  EDUCATORS  MAY
HOLD  CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A LIQUOR
LICENSE, SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC  ZONING
LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
TOR AND APPROVAL BY THE AUTHORITY;
  9.  CLASSES  SHALL  NOT  BE  CONDUCTED DURING BUSINESS HOURS AT RETAIL
BUSINESSES THAT DO NOT HAVE  A  LIQUOR  LICENSE  NOR  SHALL  CLASSES  BE
CONDUCTED  AFTER  HOURS  AT  A  RETAIL  BUSINESS THAT DOES HAVE A LIQUOR
LICENSE;
  10. CERTIFIED EDUCATORS SHALL MAINTAIN A  SUITABLE  LEVEL  OF  GENERAL
LIABILITY  INSURANCE,  AND THE POLICY SHALL BE REPORTED TO THE AUTHORITY
ALONG WITH THE LICENSE APPLICATION;
  11. PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER  THIS
SECTION,  THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS AND
LOCATION OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL  INCLUDE

A. 10113                            3

INFORMATION  THAT  PERTAINS  TO  THE EXACT DURATION AND LOCATION OF EACH
CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
  12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
  13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
  S 5. The alcoholic beverage control law is amended  by  adding  a  new
section 58-d to read as follows:
  S  58-D.  CERTIFIED  EDUCATOR'S  LICENSES.  THE  AUTHORITY MAY ISSUE A
"CERTIFIED EDUCATOR LICENSE" TO A PERSON OR COMPANY  OWNED  AND  RUN  BY
PERSONS  WHO  MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA OF
SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
PER LICENSE TO A CERTIFIED EDUCATOR OF ALCOHOLIC  BEVERAGES,  UNDER  THE
FOLLOWING CONDITIONS:
  1.  LICENSES  SHALL  BE  LIMITED TO A PERMANENT LOCATION WHERE CLASSES
WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
THE CHANGE TO THE COURSE'S LOCATION;
  2. THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC  BEVERAGES
FROM  DOMESTIC  WHOLESALERS,  WITH THE DECISIONS TO BE MADE BASED ON THE
JUDGMENT OF THE CERTIFIED EDUCATOR;
  3. THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL  DATE
OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
  4. THE LICENSE MAY BE USED TO SERVE  ALCOHOLIC  BEVERAGES  FOR  EDUCA-
TIONAL  PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF TWENTY-ONE
IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
  5. ALL EVENTS CONDUCTED PURSUANT TO THIS  LICENSE  MUST  BE  CONDUCTED
THROUGH  ADVANCE  REGISTRATION,  AND  NO  WALK-IN  ACCESS TO THE GENERAL
PUBLIC IS PERMITTED;
  6. ALL PERSONS RETAINED BY A  CERTIFIED  EDUCATOR  TO  ENGAGE  IN  THE
INSTRUCTION  AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL PERMITS,
AS SPECIFIED IN SECTION NINETY-NINE-H OF THIS CHAPTER, THAT  ARE  ISSUED
BY  THE  AUTHORITY  FOR  THE  PURPOSE  OF SUPERVISING CLASSES, PROVIDING
EDUCATIONAL INSTRUCTION ON ALCOHOLIC BEVERAGES, OVERSEEING  THE  POURING
OF  BEVERAGES  BY  VOLUNTEERS, AND CARRYING ON THE ACTIVITIES ASSOCIATED
WITH ALCOHOLIC BEVERAGE EDUCATION;
  7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
  8.  EXCEPT  AS  PROVIDED  FOR IN THIS SECTION, CERTIFIED EDUCATORS MAY
HOLD CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A  LIQUOR
LICENSE,  SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC ZONING
LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
TOR AND APPROVAL BY THE AUTHORITY;
  9. CLASSES SHALL NOT BE CONDUCTED  DURING  BUSINESS  HOURS  AT  RETAIL
BUSINESSES  THAT  DO  NOT  HAVE  A  LIQUOR  LICENSE NOR SHALL CLASSES BE
CONDUCTED AFTER HOURS AT A RETAIL  BUSINESS  THAT  DOES  HAVE  A  LIQUOR
LICENSE;
  10.  CERTIFIED  EDUCATORS  SHALL  MAINTAIN A SUITABLE LEVEL OF GENERAL
LIABILITY INSURANCE, AND THE POLICY SHALL BE REPORTED TO  THE  AUTHORITY
ALONG WITH THE LICENSE APPLICATION;

A. 10113                            4

  11.  PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER THIS
SECTION, THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS  AND
LOCATION  OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL INCLUDE
INFORMATION THAT PERTAINS TO THE EXACT DURATION  AND  LOCATION  OF  EACH
CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
  12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
  13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
  S 6. The alcoholic beverage control law is amended  by  adding  a  new
section 63-b to read as follows:
  S  63-B.  CERTIFIED  EDUCATOR'S  LICENSES.  THE  AUTHORITY MAY ISSUE A
"CERTIFIED EDUCATOR LICENSE" TO A PERSON OR COMPANY  OWNED  AND  RUN  BY
PERSONS  WHO  MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA OF
SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
PER LICENSE TO A CERTIFIED EDUCATOR OF ALCOHOLIC  BEVERAGES,  UNDER  THE
FOLLOWING CONDITIONS:
  1.  LICENSES  SHALL  BE  LIMITED TO A PERMANENT LOCATION WHERE CLASSES
WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
THE CHANGE TO THE COURSE'S LOCATION;
  2. THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC  BEVERAGES
FROM  DOMESTIC  WHOLESALERS,  WITH THE DECISIONS TO BE MADE BASED ON THE
JUDGMENT OF THE CERTIFIED EDUCATOR;
  3. THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL  DATE
OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
  4. THE LICENSE MAY BE USED TO SERVE  ALCOHOLIC  BEVERAGES  FOR  EDUCA-
TIONAL  PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF TWENTY-ONE
IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
  5. ALL EVENTS CONDUCTED PURSUANT TO THIS  LICENSE  MUST  BE  CONDUCTED
THROUGH  ADVANCE  REGISTRATION,  AND  NO  WALK-IN  ACCESS TO THE GENERAL
PUBLIC IS PERMITTED;
  6. ALL PERSONS RETAINED BY A  CERTIFIED  EDUCATOR  TO  ENGAGE  IN  THE
INSTRUCTION  AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL PERMITS,
AS SPECIFIED IN SECTION NINETY-NINE-H OF THIS CHAPTER, THAT  ARE  ISSUED
BY  THE  AUTHORITY  FOR  THE  PURPOSE  OF SUPERVISING CLASSES, PROVIDING
EDUCATIONAL INSTRUCTION ON ALCOHOLIC BEVERAGES, OVERSEEING  THE  POURING
OF  BEVERAGES  BY  VOLUNTEERS, AND CARRYING ON THE ACTIVITIES ASSOCIATED
WITH ALCOHOLIC BEVERAGE EDUCATION;
  7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
  8.  EXCEPT  AS  PROVIDED  FOR IN THIS SECTION, CERTIFIED EDUCATORS MAY
HOLD CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A  LIQUOR
LICENSE,  SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC ZONING
LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
TOR AND APPROVAL BY THE AUTHORITY;
  9. CLASSES SHALL NOT BE CONDUCTED  DURING  BUSINESS  HOURS  AT  RETAIL
BUSINESSES  THAT  DO  NOT  HAVE  A  LIQUOR  LICENSE NOR SHALL CLASSES BE
CONDUCTED AFTER HOURS AT A RETAIL  BUSINESS  THAT  DOES  HAVE  A  LIQUOR
LICENSE;

A. 10113                            5

  10.  CERTIFIED  EDUCATORS  SHALL  MAINTAIN A SUITABLE LEVEL OF GENERAL
LIABILITY INSURANCE, AND THE POLICY SHALL BE REPORTED TO  THE  AUTHORITY
ALONG WITH THE LICENSE APPLICATION;
  11.  PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER THIS
SECTION, THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS  AND
LOCATION  OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL INCLUDE
INFORMATION THAT PERTAINS TO THE EXACT DURATION  AND  LOCATION  OF  EACH
CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
  12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
  13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
  S 7. The alcoholic beverage control law is amended  by  adding  a  new
section 80-a to read as follows:
  S  80-A.  CERTIFIED  EDUCATOR'S  LICENSES.  THE  AUTHORITY MAY ISSUE A
"CERTIFIED EDUCATOR LICENSE" TO A PERSON OR COMPANY  OWNED  AND  RUN  BY
PERSONS  WHO  MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA OF
SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
PER LICENSE TO A CERTIFIED EDUCATOR OF ALCOHOLIC  BEVERAGES,  UNDER  THE
FOLLOWING CONDITIONS:
  1.  LICENSES  SHALL  BE  LIMITED TO A PERMANENT LOCATION WHERE CLASSES
WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
THE CHANGE TO THE COURSE'S LOCATION;
  2. THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC  BEVERAGES
FROM  DOMESTIC  WHOLESALERS,  WITH THE DECISIONS TO BE MADE BASED ON THE
JUDGMENT OF THE CERTIFIED EDUCATOR;
  3. THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL  DATE
OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
  4. THE LICENSE MAY BE USED TO SERVE  ALCOHOLIC  BEVERAGES  FOR  EDUCA-
TIONAL  PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF TWENTY-ONE
IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
  5. ALL EVENTS CONDUCTED PURSUANT TO THIS  LICENSE  MUST  BE  CONDUCTED
THROUGH  ADVANCE  REGISTRATION,  AND  NO  WALK-IN  ACCESS TO THE GENERAL
PUBLIC IS PERMITTED;
  6. ALL PERSONS RETAINED BY A  CERTIFIED  EDUCATOR  TO  ENGAGE  IN  THE
INSTRUCTION  AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL PERMITS,
AS SPECIFIED IN SECTION NINETY-NINE-H OF THIS CHAPTER, THAT  ARE  ISSUED
BY  THE  AUTHORITY  FOR  THE  PURPOSE  OF SUPERVISING CLASSES, PROVIDING
EDUCATIONAL INSTRUCTION ON ALCOHOLIC BEVERAGES, OVERSEEING  THE  POURING
OF  BEVERAGES  BY  VOLUNTEERS, AND CARRYING ON THE ACTIVITIES ASSOCIATED
WITH ALCOHOLIC BEVERAGE EDUCATION;
  7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
  8.  EXCEPT  AS  PROVIDED  FOR IN THIS SECTION, CERTIFIED EDUCATORS MAY
HOLD CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A  LIQUOR
LICENSE,  SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC ZONING
LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
TOR AND APPROVAL BY THE AUTHORITY;
  9. CLASSES SHALL NOT BE CONDUCTED  DURING  BUSINESS  HOURS  AT  RETAIL
BUSINESSES  THAT  DO  NOT  HAVE  A  LIQUOR  LICENSE NOR SHALL CLASSES BE

A. 10113                            6

CONDUCTED AFTER HOURS AT A RETAIL  BUSINESS  THAT  DOES  HAVE  A  LIQUOR
LICENSE;
  10.  CERTIFIED  EDUCATORS  SHALL  MAINTAIN A SUITABLE LEVEL OF GENERAL
LIABILITY INSURANCE, AND THE POLICY SHALL BE REPORTED TO  THE  AUTHORITY
ALONG WITH THE LICENSE APPLICATION;
  11.  PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER THIS
SECTION, THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS  AND
LOCATION  OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL INCLUDE
INFORMATION THAT PERTAINS TO THE EXACT DURATION  AND  LOCATION  OF  EACH
CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
  12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
  13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
  S 8. The alcoholic beverage control law is amended  by  adding  a  new
section 99-h to read as follows:
  S 99-H. REGISTERED LECTURERS. THE AUTHORITY MAY ISSUE A SPECIAL PERMIT
TO  A  PERSON MEETING THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA
OF SECTION THREE OF THIS CHAPTER, AT A  ONE-TIME  COST  OF  TWO  HUNDRED
DOLLARS, TO BE RENEWED BIANNUALLY, SUBJECT TO THE FOLLOWING CONDITIONS:
  1.  REGISTERED  LECTURERS  MUST  BE  DIRECTLY  RETAINED BY, AS WELL AS
SUBJECT TO THE CONTROL OF LICENSED CERTIFIED EDUCATORS;
  2. REGISTERED LECTURERS SHALL  BE  BOUND  BY  THE  SAME  CREDENTIALING
REQUIREMENTS  AS  ARE  CERTIFIED  EDUCATORS, AS SPECIFIED IN SUBDIVISION
SEVEN-AA OF SECTION THREE OF THIS CHAPTER;
  3. CERTIFIED EDUCATORS MAY EMPLOY AND UTILIZE ANY NUMBER OF REGISTERED
LECTURERS PER CLASS OR PER CURRICULUM, WITH THE  DECISIONS  TO  BE  MADE
BASED ON THE JUDGMENT OF THE CERTIFIED EDUCATOR;
  4.  REGISTERED  LECTURERS  SHALL NOT BE REQUIRED TO MAINTAIN THEIR OWN
GENERAL LIABILITY INSURANCE;
  5. REGISTERED LECTURERS SHALL HAVE THE ABILITY TO CONDUCT  ALL  ACTIV-
ITIES  ASSOCIATED  WITH  ALCOHOL EDUCATION, INCLUDING BUT NOT LIMITED TO
SUPERVISING CLASSES,  PROVIDING  EDUCATIONAL  INSTRUCTION  ON  ALCOHOLIC
BEVERAGES, AND OVERSEEING THE POURING OF BEVERAGES BY VOLUNTEERS; EXCEPT
THAT  THE  PERMIT  SHALL  NOT  ALLOW REGISTERED LECTURERS TO PURCHASE OR
PROCURE ALCOHOLIC BEVERAGES FOR THE PURPOSES OF ALCOHOL EDUCATION;
  6. PERMITS FOR REGISTERED LECTURERS SHALL BE APPLIED FOR  THROUGH  THE
AUTHORITY  NO  LATER  THAN  THIRTY DAYS PRIOR TO THE COMMENCEMENT OF THE
FIRST CLASS OR COURSE TAUGHT BY THE REGISTERED LECTURER;
  7. THE PERMIT MUST BE RENEWED EVERY TWO YEARS FROM THE  ORIGINAL  DATE
OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
  8. REGISTERED LECTURERS SHALL HOLD  CLASSES  AT  LOCATIONS  THAT  WERE
PREVIOUSLY  APPROVED  BY  THE CERTIFIED EDUCATOR AND FOLLOWED THE PROCE-
DURES  SPECIFIED  IN   SUBDIVISION   TEN   OF   SECTIONS   FIFTY-FIVE-D,
FIFTY-EIGHT-D, SIXTY-THREE-B AND EIGHTY-A OF THIS CHAPTER;
  9.  REGISTERED  LECTURERS SHALL BE SUBJECT TO THE POWERS AND DUTIES OF
THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
  10. THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN  FURTH-
ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
  S 9. This act shall take effect on the one hundred twentieth day after
it shall have become a law.