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

                                  7698

                            I N  S E N A T E

                               May 3, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

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
shield  its judicial processes from unwarranted and inappropriate commu-
nications and attempts to influence.]
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17075-01-0

S. 7698                             2

  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
FOR  OFF-PREMISES  CONSUMPTION OPERATING FIVE OR MORE LICENSED PREMISES;
AND PERSONS INTERESTED, WHETHER AS AN INDIVIDUAL PROPRIETOR  OR  PARTNER

S. 7698                             3

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.
  11. TO MAKE AN ANNUAL REPORT TO THE GOVERNOR AND  THE  LEGISLATURE  OF
ITS ACTIVITIES FOR THE PRECEDING YEAR.

S. 7698                             4

  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.