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

                                  11010

                          I N  A S S E M B L Y

                               May 6, 2010
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Economic Development, Job Creation, Commerce and Industry

AN ACT to amend the alcoholic beverage control law, in relation  to  the
  powers of the chairman and the members of the authority; 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:

  Section 1. Section 15  of  the  alcoholic  beverage  control  law,  as
amended  by  chapter  83 of the laws of 1995 and the second undesignated
paragraph 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 shall be deemed to be peace officers
for the purpose of enforcing the provisions of  the  alcoholic  beverage
control law 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 executive officer, assistant chief execu-
tive officers, confidential secretaries to  commissioners  and  deputies
shall be in the exempt class of the civil service. The other assistants,
investigators and employees of the authority shall all be in the compet-
itive class of the civil service.  INVESTIGATORS EMPLOYED BY THE AUTHOR-
ITY  SHALL  BE  DEEMED TO BE PEACE OFFICERS FOR THE PURPOSE OF ENFORCING
THE PROVISIONS OF THE ALCOHOLIC BEVERAGE CONTROL  LAW  OR  JUDGMENTS  OR
ORDERS  OBTAINED FOR VIOLATION THEREOF, WITH ALL THE POWERS SET FORTH IN
SECTION 2.20 OF THE CRIMINAL PROCEDURE LAW. 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 plac-
es 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

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

                                                           LBD17075-01-0

A. 11010                            2

shield its judicial processes from unwarranted and inappropriate  commu-
nications and attempts to influence.]
  S  2. Subdivisions 4, 8, 8-a, 12, 13 and 14 of section 17 of the alco-
holic beverage control law are REPEALED, subdivisions 5, 6, 7, 9, 10 and
11 are renumbered subdivisions 4, 5, 6, 7, 8 and 9 and subdivision 7, as
amended by chapter 83 of the  laws  of  1995,  is  amended  to  read  as
follows:
  7.  [The]  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.
  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 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 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 ENSURE 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
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

A. 11010                            3

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
ON-PREMISES  CONSUMPTION SHALL NOT BE INVALIDATED BY A CHANGE OF EMPLOY-
MENT TO ANOTHER SUCH LICENSEE. THE FEE CHARGED TO  ANY  PARTICIPANT  FOR
ANY SUCH PROGRAM SHALL NOT EXCEED ONE HUNDRED DOLLARS.

A. 11010                            4

  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  ELEVEN 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. 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 ENSURE 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
  (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 ELEVEN--TWO THOUSAND TWELVE,
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 September 15, 2010.