Enacts provisions of law necessary to implement the state fiscal plan for the 2010-2011 state fiscal year; enacts the wine industry and liquor store revitalization a
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| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jul 30, 2010 |
referred to ways and means |
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3 A. 3
Second Extraordinary Session
S E N A T E - A S S E M B L Y
July 30, 2010
___________
IN SENATE -- Introduced by COMMITTEE ON RULES -- (at request of the
Governor) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules
IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of the
Governor) -- read once and referred to the Committee on Ways and Means
AN ACT to amend the alcoholic beverage control law and the state finance
law, in relation to enacting the wine industry and liquor store revi-
talization act; to amend the alcoholic beverage control law and the
state finance law, in relation to enacting the wine industry and
liquor store revitalization act; to repeal certain provisions of the
alcoholic beverage control law relating thereto; and providing for the
repeal of certain provisions upon expiration thereof
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 "wine
industry and liquor store revitalization act".
S 2. Subdivisions 4 and 5 of section 63 of the alcoholic beverage
control law, subdivision 4 as amended by chapter 603 of the laws of
1992, are amended and two new subdivisions 7 and 8 are added to read as
follows:
4. (A) No licensee under this section shall be engaged in any other
business on the licensed premises. The sale of lottery tickets, when
duly authorized and lawfully conducted, the sale of corkscrews or the
sale of ice or the sale of publications, including prerecorded video
and/or audio cassette tapes, designed to help educate consumers in their
knowledge and appreciation of [wine and wine products, as defined in
section three of this chapter] ALCOHOLIC BEVERAGES OR CONDUCTING SEMI-
NARS TO HELP EDUCATE CONSUMERS IN THEIR KNOWLEDGE AND APPRECIATION OF
ALCOHOLIC BEVERAGES, or the sale of [non-carbonated, non-flavored
mineral waters, spring waters and drinking waters or the sale of glasses
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12308-01-0
S. 3 2 A. 3
designed for the consumption of wine] BOTTLED WATER, MIXERS, JUICE AND
SODA, OR THE SALE OF CIGARS, CIGAR ACCESSORIES AND RELATED PUBLICATIONS
DESIGNED TO HELP EDUCATE CONSUMERS IN THEIR KNOWLEDGE AND APPRECIATION
OF CIGAR PRODUCTS, LIGHTERS, NEWSPAPERS OR FOOD AND FOOD PRODUCTS TYPI-
CALLY CONSUMED WITH ALCOHOLIC BEVERAGES, INCLUDING BUT NOT LIMITED TO
SNACK FOODS AND GOURMET FOODS SUCH AS LOCALLY PRODUCED CHEESES AND FRESH
BREADS, GIFTS, GIFT BAGS AND GIFT BASKETS, GLASSWARE AND DECANTERS
RELATED TO THE CONSUMPTION OR STORAGE OF ALCOHOLIC BEVERAGES, racks
designed for the storage of wine, and devices designed to minimize
oxidation in bottles of wine which have been uncorked[, shall not
constitute engaging in another business within the meaning of this
subdivision].
(B) THE INSTALLATION AND OPERATION OF AUTOMATED TELLER MACHINES SHALL
NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF THIS
SUBDIVISION. FOR PURPOSES OF THIS SUBDIVISION, "AUTOMATED TELLER
MACHINE" MEANS A DEVICE WHICH IS LINKED TO THE ACCOUNTS AND RECORDS OF A
BANKING INSTITUTION AND WHICH ENABLES CONSUMERS TO CARRY OUT BANKING
TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, ACCOUNT TRANSFERS, DEPOS-
ITS, CASH WITHDRAWALS, BALANCE INQUIRES, AND LOAN PAYMENTS.
5. [Not more than one license shall be] NOTHING IN THIS SECTION SHALL
BE CONSTRUED TO PROHIBIT MULTIPLE LICENSES FROM BEING granted to any
person under this section. PROVIDED, HOWEVER, THAT NO MORE THAN ONE
LICENSE UNDER THIS SECTION OR SECTION SEVENTY-NINE OF THIS CHAPTER MAY
BE GRANTED TO A PERSON HOLDING A LICENSE ISSUED UNDER SECTION
FIFTY-FOUR, SECTION FIFTY-FOUR-A OR SECTION SEVENTY-NINE-E OF THIS CHAP-
TER.
7. ANY LICENSE UNDER THIS SECTION INCLUDES THE PRIVILEGES TO SELL
LIQUOR TO ANY PERSON LICENSED UNDER THIS CHAPTER TO SELL LIQUOR AT
RETAIL FOR CONSUMPTION ON THE PREMISES AND WINE TO ANY PERSON LICENSED
UNDER THIS CHAPTER TO SELL WINE AT RETAIL FOR CONSUMPTION ON THE PREM-
ISES. SUCH SALES SHALL NOT BE SUBJECT TO THE PROVISIONS OF SECTION ONE
HUNDRED ONE-AA OR SECTION ONE HUNDRED ONE-B OF THIS CHAPTER.
8. EVERY LICENSEE UNDER THIS SECTION SHALL HAVE AN INDIVIDUAL IN A
POSITION OF MANAGEMENT AND CONTROL ASSIGNED TO IT WHO HAS BEEN ISSUED A
CERTIFICATE OF COMPLETION FROM AN APPROVED ALCOHOL TRAINING AWARENESS
PROGRAM.
S 3. Subdivision 2 of section 79 of the alcoholic beverage control law
is amended and two new subdivisions 5 and 6 are added to read as
follows:
2. [Not more than one license shall be] NOTHING IN THIS SECTION SHALL
BE CONSTRUED TO PROHIBIT MULTIPLE LICENSES FROM BEING granted to any
person under this section. PROVIDED, HOWEVER, THAT NO MORE THAN ONE
LICENSE UNDER THIS SECTION OR SECTION SIXTY-THREE OF THIS CHAPTER MAY BE
GRANTED TO A PERSON HOLDING A LICENSE ISSUED UNDER SECTION FIFTY-FOUR,
SECTION FIFTY-FOUR-A OR SECTION SEVENTY-NINE-E OF THIS CHAPTER.
5. ANY LICENSE UNDER THIS SECTION INCLUDES THE PRIVILEGES TO SELL WINE
TO ANY PERSON LICENSED UNDER THIS CHAPTER TO SELL WINE AT RETAIL FOR
CONSUMPTION ON THE PREMISES OR ANY PERSON LICENSED UNDER SECTION SEVEN-
TY-NINE-E OF THIS ARTICLE, PROVIDED THAT SUCH GROCERY OR DRUG STORE WINE
LICENSEE'S PREMISES OCCUPIES LESS THAN ONE THOUSAND SQUARE FEET. SUCH
SALES SHALL NOT BE SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED
ONE-AA OR SECTION ONE HUNDRED ONE-B OF THIS CHAPTER.
6. EVERY LICENSEE UNDER THIS SECTION SHALL HAVE AN INDIVIDUAL IN A
POSITION OF MANAGEMENT AND CONTROL ASSIGNED TO IT WHO HAS BEEN ISSUED A
CERTIFICATE OF COMPLETION FROM AN APPROVED ALCOHOL TRAINING AWARENESS
PROGRAM.
S. 3 3 A. 3
S 4. The alcoholic beverage control law is amended by adding a new
section 79-e to read as follows:
S 79-E. GROCERY OR DRUG STORE WINE LICENSE. 1. ANY PERSON MAY APPLY
TO THE AUTHORITY FOR A LICENSE TO SELL FROM THE LICENSED PREMISES WINE
IN SEALED CONTAINERS FOR CONSUMPTION OFF SUCH PREMISES.
2. NO SUCH LICENSE SHALL BE ISSUED, HOWEVER, TO ANY PERSON FOR ANY
PREMISES OTHER THAN A GROCERY STORE, AS DEFINED IN SUBDIVISION THIRTEEN
OF SECTION THREE OF THIS CHAPTER, OR A DRUG STORE, AS DEFINED IN SUBDI-
VISION TWELVE OF SECTION THREE OF THIS CHAPTER.
3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, EXCEPT FOR
GOOD CAUSE SHOWN, THE AUTHORITY SHALL ISSUE A GROCERY OR DRUG STORE WINE
LICENSE TO THE HOLDER OF A LICENSE TO SELL BEER AT RETAIL FOR CONSUMP-
TION OFF THE PREMISES PURSUANT TO SECTION FIFTY-FOUR OF THIS CHAPTER, OR
BEER AND WINE PRODUCTS AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSU-
ANT TO SECTION FIFTY-FOUR-A OF THIS CHAPTER, AT THE REQUEST OF SUCH
LICENSEE.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, THE PREMISES OF THE GROCERY
OR DRUG STORE WINE LICENSEE SHALL BE THE SAME AS THE PREMISES LICENSED
UNDER SECTION FIFTY-FOUR OR FIFTY-FOUR-A OF THIS CHAPTER.
(C) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY LICENSE
ISSUED PURSUANT TO THIS SECTION SHALL RUN CONCURRENTLY WITH THE UNDERLY-
ING LICENSE UNDER SECTION FIFTY-FOUR OR FIFTY-FOUR-A OF THIS CHAPTER,
AND SHALL BE DEEMED EXPIRED AT SUCH TIME AS THE UNDERLYING LICENSE
EXPIRES.
(D) ANY PERSON LICENSED TO SELL WINE PURSUANT TO THIS ARTICLE SHALL BE
PERMITTED TO CONDUCT WINE TASTINGS. WINE TASTINGS WHICH ARE CONDUCTED
UNDER THE AUSPICES OF AN OFFICIAL AGENT OF A FARM WINERY, WINERY, WHOLE-
SALER, OR IMPORTER AND WHERE SUCH AGENT IS PHYSICALLY PRESENT AT ALL
TIMES DURING THE CONDUCT OF THE TASTING, THEN, IN THAT EVENT, ANY
LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A WINE TASTING
AS AUTHORIZED PURSUANT TO THIS SECTION, AND IN ACCORDANCE WITH THE
PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW,
SHALL ACCRUE TO THE FARM WINERY, WINERY, WHOLESALER, OR IMPORTER.
4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY
MAY ISSUE A LICENSE UNDER THIS SECTION TO THE HOLDER OF A LICENSE TO
SELL WINE AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSUANT TO SECTION
SEVENTY-NINE OF THIS ARTICLE, PROVIDED THAT: (A) THE LICENSEE MEETS THE
REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION; AND (B) UPON ISSUANCE
OF A LICENSE, THE LICENSEE UNDER THIS SECTION SURRENDERS THE LICENSE
CERTIFICATE ISSUED PURSUANT TO SUCH SECTION SEVENTY-NINE.
5. SUCH APPLICATION SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH
INFORMATION AS SHALL BE REQUIRED BY THE RULES OF THE AUTHORITY AND SHALL
BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY THIS ARTI-
CLE FOR SUCH LICENSE.
6. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY PERSON
RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE
PROVISIONS OF SUBDIVISION TWO, THREE OR FOUR OF SECTION SEVENTY-NINE OF
THIS ARTICLE.
7. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY PERSON
RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE
PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION ONE HUNDRED
FIVE OF THIS CHAPTER.
8. (A) A ONE-TIME FRANCHISE FEE SHALL BE PAID BY EACH RETAIL OUTLET TO
THE STATE LIQUOR AUTHORITY. THIS FRANCHISE FEE IS HEREBY IMPOSED PURSU-
ANT TO THE FOLLOWING SCHEDULE PER LOCATION BASED UPON GROSS SALES IN THE
PREVIOUS YEAR:
S. 3 4 A. 3
ANNUAL SALES FRANCHISE FEE PER LOCATION
$0-$249,999 $1,000
$250,000-$499,999 0.40 OF ONE PERCENT OF TOTAL GROSS SALES
$500,000-$999,999 0.40 OF ONE PERCENT OF TOTAL GROSS SALES
$1,000,000-$2,499,999 0.55 OF ONE PERCENT OF TOTAL GROSS SALES
$2,500,000-$4,999,999 0.55 OF ONE PERCENT OF TOTAL GROSS SALES
$5,000,000-$9,999,999 0.80 OF ONE PERCENT OF TOTAL GROSS SALES
$10,000,000-$24,999,999 1.10 OF ONE PERCENT OF TOTAL GROSS SALES
$25,000,000-$39,999,999 1.50 OF ONE PERCENT OF TOTAL GROSS SALES
$40,000,000 AND GREATER 1.70 OF ONE PERCENT OF TOTAL GROSS SALES
WAREHOUSE STORES 2.0 OF ONE PERCENT OF TOTAL GROSS SALES
FOR THE PURPOSES OF THIS PARAGRAPH, "TOTAL GROSS SALES" SHALL NOT
INCLUDE SALES RESULTING FROM THE SALE OF TOBACCO AS DEFINED BY ARTICLE
TWENTY OF THE TAX LAW AND MOTOR FUEL AS DEFINED BY ARTICLE TWELVE-A OF
THE TAX LAW. FOR THE PURPOSES OF THIS PARAGRAPH, NOTWITHSTANDING THE
GROSS SALES OF THE APPLICANT, AN ESTABLISHMENT THAT CHARGES A MEMBERSHIP
FEE TO ITS CUSTOMERS SHALL BE DEEMED A "WAREHOUSE STORE".
(B) IN THE EVENT AN APPLICANT HAS BEEN IN BUSINESS FOR LESS THAN
TWELVE MONTHS PRIOR TO THE FILING OF THE APPLICATION FOR THIS LICENSE,
SUCH APPLICANT SHALL, IN ACCORDANCE WITH THE RULES OF THE AUTHORITY,
REMIT AN ESTIMATE OF ITS FRANCHISE FEE BASED ON SQUARE FOOTAGE AT A
LICENSEE'S LOCATION PURSUANT TO THE FOLLOWING SCHEDULE:
SQUARE FOOTAGE LICENSEE'S LOCATION FRANCHISE FEE PER LOCATION
0-999 $ 825
1,000-1,999 $ 1,650
2,000-3,999 $ 3,300
4,000-9,999 $ 8,250
10,000-19,999 $ 16,500
20,000-24,999 $ 33,000
25,000-29,999 $ 82,500
30,000-39,999 $132,000
40,000-79,999 $250,000
80,000 AND GREATER $350,000
WITHIN SIXTY DAYS AFTER SUCH LICENSEE SHALL HAVE BEEN IN BUSINESS FOR
TWELVE MONTHS, SUCH LICENSEE SHALL SUBMIT TO THE AUTHORITY, IN ACCORD-
ANCE WITH THE RULES OF THE AUTHORITY, A STATEMENT SHOWING ITS ACTUAL
TOTAL GROSS SALES FOR THE FIRST TWELVE MONTHS OF OPERATION AND THE FRAN-
CHISE FEE DUE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. IN THE
EVENT THE FRANCHISE FEE DETERMINED PURSUANT TO SUCH PARAGRAPH EXCEEDS
THE AMOUNT PAID PURSUANT TO THIS PARAGRAPH, THE LICENSEE SHALL REMIT
PAYMENT FOR THE BALANCE OF THE REQUIRED FRANCHISE FEE WITHIN SUCH
SIXTY-DAY PERIOD. FAILURE TO REMIT PAYMENT WITHIN SUCH SIXTY-DAY PERIOD
SHALL BE GROUNDS FOR CANCELLATION OR REVOCATION OF SUCH LICENSE. IN THE
EVENT THAT THE FRANCHISE FEE DUE PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION IS LESS THAN THE AMOUNT PAID PURSUANT TO THIS PARAGRAPH, THE
LICENSEE SHALL BE ENTITLED TO A REFUND EQUAL TO THE DIFFERENCE BETWEEN
THE FRANCHISE FEE PAID PURSUANT TO THIS PARAGRAPH AND THE AMOUNT DUE TO
PARAGRAPH (A) OF THIS SUBDIVISION.
(C) NO LICENSE SHALL BE ISSUED PURSUANT TO THIS SECTION UNTIL THE
FRANCHISE FEE OR ESTIMATED FRANCHISE FEE UNDER THIS SUBDIVISION REQUIRED
BY EITHER PARAGRAPH (A) OR (B) OF THIS SUBDIVISION HAS BEEN PAID IN
FULL.
(D) THE FRANCHISE FEE SHALL BE DEPOSITED AND DISPOSED OF IN THE SAME
MANNER AS ANY LICENSE FEE AS PROVIDED IN SECTION ONE HUNDRED TWENTY-FIVE
OF THIS CHAPTER.
S. 3 5 A. 3
9. ANY PERSON LICENSED TO SELL WINE PURSUANT TO THIS ARTICLE THAT
OPERATES THE PREMISES OF THE GROCERY OR DRUG STORE WINE LICENSEE THAT
OCCUPIES LESS THAN ONE THOUSAND SQUARE FEET MAY PURCHASE, AGREE TO
PURCHASE OR RECEIVE ANY WINE FROM A PERSON LICENSED UNDER SECTIONS
SIXTY-THREE AND SEVENTY-NINE OF THIS CHAPTER.
10. EVERY LICENSEE UNDER THIS SECTION SHALL HAVE AN INDIVIDUAL IN A
POSITION OF MANAGEMENT AND CONTROL ASSIGNED TO IT WHO HAS BEEN ISSUED A
CERTIFICATE OF COMPLETION FROM AN APPROVED ALCOHOL TRAINING AWARENESS
PROGRAM.
11. NOTWITHSTANDING SUBDIVISION EIGHT OF THIS SECTION, NO FRANCHISE
FEE SHALL BE REQUIRED FROM AN APPLICANT WHO IS PURCHASING THE BUSINESS
OF A LICENSEE WHO HAS ALREADY PAID A FRANCHISE FEE, PROVIDED THAT SUCH
APPLICANT CONTINUES THE BUSINESS OPERATION AT THE SAME GEOGRAPHIC
LOCATION AS THE LICENSEE. IN THE EVENT THE APPLICANT SUBSEQUENTLY
REMOVES THE BUSINESS TO ANOTHER LOCATION, PAYMENT OF THE APPROPRIATE
FRANCHISE FEE SHALL BE REQUIRED PRIOR TO THE APPROVAL OF THE REMOVAL
PURSUANT TO SUBDIVISION THREE OF SECTION NINETY-NINE-D OF THIS CHAPTER.
12. THE STATE LIQUOR AUTHORITY MAY MAKE SUCH RULES AS IT DEEMS NECES-
SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION, HOWEVER, SUCH RULES
SHALL NOT BE CONSTRUED TO PLACE ADDITIONAL LIMITATIONS UPON THE HOLDERS
OF LICENSES ISSUED PURSUANT TO SECTION SEVENTY-NINE OF THIS ARTICLE
UNRELATED TO THE SALE OF WINE.
S 5. Section 83 of the alcoholic beverage control law is amended by
adding a new subdivision 8 to read as follows:
8. THE ANNUAL FEE FOR A GROCERY OR DRUG STORE WINE LICENSE PURSUANT TO
SECTION SEVENTY-NINE-E OF THIS ARTICLE SHALL BE FIVE HUNDRED DOLLARS.
WHERE, HOWEVER, THE APPLICANT IS THE HOLDER OF TWO OR MORE SUCH
LICENSES, THE ANNUAL FEE FOR EACH ADDITIONAL LICENSE SHALL BE DOUBLE THE
AMOUNT HEREINABOVE SET FORTH. TEN PERCENT OF THE OVERALL FEES PAID UP TO
ONE MILLION DOLLARS ANNUALLY SHALL BE DEPOSITED TO THE NEW YORK WINE
INDUSTRY MARKETING AND PROMOTION ACCOUNT, ESTABLISHED PURSUANT TO
SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW.
S 6. The state finance law is amended by adding a new section 97-jjjj
to read as follows:
S 97-JJJJ. NEW YORK WINE INDUSTRY MARKETING AND PROMOTION ACCOUNT. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE AN ACCOUNT TO BE
KNOWN AS THE NEW YORK WINE INDUSTRY MARKETING AND PROMOTION ACCOUNT.
2. SUCH ACCOUNT SHALL CONSIST OF REVENUES RECEIVED FROM GROCERY OR
DRUG STORE WINE LICENSE FEES PURSUANT TO SUBDIVISION EIGHT OF SECTION
EIGHTY-THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
3. MONEYS OF THE ACCOUNT, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
MAY BE EXPENDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE-A OF
CHAPTER EIGHTY OF THE LAWS OF NINETEEN HUNDRED EIGHTY-FIVE, AS ADDED BY
CHAPTER THREE HUNDRED THIRTY OF THE LAWS OF TWO THOUSAND FOUR. MONEYS
SHALL BE PAID OUT OF THE ACCOUNT ON THE AUDIT AND WARRANT OF THE STATE
COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF
AGRICULTURE AND MARKETS.
S 7. The alcoholic beverage control law is amended by adding a new
article 12 to read as follows:
ARTICLE 12
WINE MARKET EXPANSION MEDALLION PROGRAM
SECTION 170. SHORT TITLE.
171. DEFINITIONS.
S. 3 6 A. 3
172. REQUIREMENT TO POSSESS A MEDALLION.
173. ISSUANCE OF MEDALLIONS.
174. RIGHTS OF MEDALLION HOLDERS.
175. CONTRACT FOR AUCTION WEBSITE.
176. PARTICIPATION IN THE AUCTION WEBSITE.
177. RULES FOR AUCTION.
178. RESTRICTIONS ON THE MEDALLION PERIOD.
179. NOTICE; REPEAL OF THIS ARTICLE.
S 170. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "WINE MARKET EXPANSION MEDALLION PROGRAM".
S 171. DEFINITIONS. 1. "AUCTION WEBSITE," SHALL MEAN AN ELECTRONIC
MECHANISM, DESIGNED TO FACILITATE THE TRANSFER OF MEDALLIONS PURSUANT TO
THIS ARTICLE AND THE RULES ESTABLISHED BY THE AUTHORITY, WHICH MAY BE
DESIGNED AND OPERATED BY AN INDEPENDENT ENTITY WITH WHICH THE AUTHORITY
CONTRACTS FOR SUCH PURPOSE.
2. "MEDALLION," SHALL MEAN DIGITAL ELECTRONIC IDENTIFYING INFORMATION
IN ANY FORM AS DETERMINED APPROPRIATE BY THE AUTHORITY, WHICH REPRESENTS
THE RIGHT TO APPLY FOR AND, IF GRANTED BY THE AUTHORITY, HOLD A LICENSE
ISSUED UNDER SECTION SIXTY-THREE, SEVENTY-NINE OR SEVENTY-NINE-E OF THIS
CHAPTER.
3. "MEDALLION PERIOD," SHALL MEAN THE PERIOD COMMENCING NINETY DAYS
AFTER THE EFFECTIVE DATE OF THIS ARTICLE, AND LASTING FOR THREE YEARS
OR, IF AFTER SUCH THREE YEAR PERIOD ANY MEDALLIONS LISTED FOR THE FIRST
TIME AT AUCTION FOR A REASONABLE PRICE HAVE NOT SOLD, THEN TWELVE MONTHS
AFTER THE LAST OF ANY MEDALLIONS LISTED AT AUCTION FOR A REASONABLE
PRICE HAVE SOLD.
4. "REASONABLE PRICE," SHALL MEAN THE MINIMUM AUCTION PRICE ESTAB-
LISHED BY THE SELLER OF A MEDALLION, IF AND ONLY IF SUCH MINIMUM AUCTION
PRICE DOES NOT EXCEED THIRTY-THREE PERCENT OF THE HIGHEST, SINGLE PRICE
PAID FOR A MEDALLION DURING THE FIRST THREE YEARS OF THE MEDALLION PERI-
OD.
S 172. REQUIREMENT TO POSSESS A MEDALLION. ANY ENTITY OPERATING UNDER
A LICENSE ISSUED AT ANY TIME UNDER SECTION SIXTY-THREE, SEVENTY-NINE OR
SEVENTY-NINE-E OF THIS CHAPTER DURING THE MEDALLION PERIOD MUST RETAIN
OR POSSESS A MEDALLION IN ORDER TO OPERATE UNDER SUCH LICENSE.
S 173. ISSUANCE OF MEDALLIONS. 1. WITHIN NINETY DAYS OF THE EFFECTIVE
DATE OF THIS ARTICLE, THE AUTHORITY SHALL CAUSE TWO MEDALLIONS TO BE
GRANTED AUTOMATICALLY TO EVERY ENTITY LICENSED AS OF THE EFFECTIVE DATE
OF THIS ARTICLE UNDER SECTION SIXTY-THREE OR SEVENTY-NINE OF THIS CHAP-
TER AND TO ANY ENTITY OBTAINING SUCH A LICENSE WITHIN NINETY DAYS OF THE
EFFECTIVE DATE OF THIS ARTICLE. WRITTEN NOTIFICATION REPRESENTING OR
IDENTIFYING THE MEDALLIONS MUST ACCOMPANY SUCH ISSUANCE. NO LICENSEE
SHALL BE REQUIRED TO MAKE APPLICATION TO THE AUTHORITY FOR SUCH MEDAL-
LIONS. ONLY ENTITIES LICENSED AS OF THE EFFECTIVE DATE OF THIS ARTICLE
UNDER SECTION SIXTY-THREE OR SEVENTY-NINE OF THIS CHAPTER SHALL BE
ISSUED MEDALLIONS.
2. MEDALLIONS ISSUED UNDER THIS SECTION SHALL NOT BE CONSTRUED TO
CONVEY ANY NEW PRIVILEGES OR RIGHTS, AND SHALL ONLY REPRESENT THE RIGHT
TO OPERATE UNDER THE PRIVILEGES OF A LICENSE UNDER SECTION SIXTY-THREE,
SEVENTY-NINE OR SEVENTY-NINE-E OF THIS CHAPTER THAT HAS ALREADY BEEN
ISSUED OR THAT MAY BE ISSUED BY THE AUTHORITY DURING THE MEDALLION PERI-
OD.
3. THE AUTHORITY MAY PROMULGATE SUCH OTHER RULES AND REGULATIONS THAT
ARE NECESSARY TO EFFECTUATE THE ISSUANCE OF MEDALLIONS.
S. 3 7 A. 3
S 174. RIGHTS OF MEDALLION HOLDERS. MEDALLIONS ISSUED TO LICENSEES
UNDER THIS SECTION, AND AS ACQUIRED BY OTHER ENTITIES THROUGH THE
AUCTION WEBSITE, MAY BE TRANSFERRED VIA THE AUCTION WEBSITE, USED TO
APPLY FOR A NEW OR ADDITIONAL LICENSE OR RETAINED WITHOUT ACTION. NO
OTHER RIGHTS OR PRIVILEGES SHALL BE DEEMED TO BE CONFERRED UPON A
PERSON, FIRM OR CORPORATION HOLDING A MEDALLION.
S 175. CONTRACT FOR AUCTION WEBSITE. THE AUTHORITY, OR ON ITS BEHALF
THE OFFICE OF GENERAL SERVICES, FROM AN APPROPRIATION MADE AVAILABLE FOR
THIS PURPOSE, SHALL CONTRACT WITH A VENDOR FOR THE DESIGN, OPERATION AND
MAINTENANCE OF AN AUCTION WEBSITE FOR THE PURPOSES OF FACILITATING THE
TRANSFER OF MEDALLIONS. TO THE GREATEST EXTENT POSSIBLE, SUCH WEBSITE
MUST BE OPERATIONAL WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE
OF THIS ARTICLE.
S 176. PARTICIPATION IN THE AUCTION WEBSITE. 1. ALL PERSONS, FIRMS OR
CORPORATIONS SEEKING TO PARTICIPATE IN THE BUYING AND SELLING OF MEDAL-
LIONS SHALL NOTIFY THE AUTHORITY AND ACQUIRE FROM THE AUTHORITY ALL
IDENTIFYING INFORMATION AS REQUIRED FOR PARTICIPATION. THE AUTHORITY
MAY ESTABLISH A PROCESS SUCH THAT NOTIFICATION OF INTENT TO PARTICIPATE
IS PROVIDED TO, AND IDENTIFYING INFORMATION IS PROVIDED BY, THE VENDOR
OPERATING THE AUCTION WEBSITE.
2. ANY LICENSEE POSSESSING A MEDALLION SHALL BE ELIGIBLE TO PARTIC-
IPATE AS A BUYER OR SELLER OF MEDALLIONS LISTED ON THE AUCTION WEBSITE.
3. ANY PERSON, FIRM OR CORPORATION REPRESENTING OR ORGANIZED AS A
GROCERY STORE, AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION THREE OF
THIS CHAPTER, OR A DRUG STORE, AS DEFINED IN SUBDIVISION TWELVE OF SUCH
SECTION MAY PARTICIPATE AS A BUYER OR SELLER OF MEDALLIONS LISTED ON THE
AUCTION WEBSITE.
4. ANY PERSON, FIRM OR CORPORATION THAT DOES NOT POSSESS A LICENSE
ISSUED BY THE AUTHORITY BUT IS SEEKING TO OBTAIN A LICENSE REQUIRING A
MEDALLION SHALL BE ELIGIBLE TO PARTICIPATE AS A BUYER OF MEDALLIONS,
PROVIDED, HOWEVER, THAT SUCH PERSONS, FIRMS OR CORPORATIONS MUST USE
MEDALLIONS ONLY TO MEET THE REQUIREMENTS OF A LICENSE APPLICATION AND
MAY NOT RESELL SUCH MEDALLIONS WITHOUT OBTAINING THE EXPRESS WRITTEN
APPROVAL OF THE AUTHORITY. NOTHING SHALL PROHIBIT AN ENTITY DESCRIBED IN
THIS SUBDIVISION FROM RETAINING A MEDALLION AND TAKING NO ACTION.
5. SALES OF THE MEDALLIONS BY AUCTION SALE SHALL BE SUBJECT TO SALES
AND COMPENSATING USE TAX AS IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF
THE TAX LAW.
6. THE AUTHORITY MAY PROMULGATE SUCH OTHER RULES AND REGULATIONS THAT
ARE NECESSARY TO GOVERN THE PARTICIPATION IN THE AUCTION WEBSITE AND
SHALL TAKE THE NECESSARY STEPS TO PREVENT SPECULATION.
S 177. RULES FOR AUCTION. 1. ONLY MEDALLIONS ISSUED BY THE AUTHORITY
MAY BE LISTED FOR TRANSFER OR AUCTION ON THE AUCTION WEBSITE.
2. NO RESTRICTIONS SHALL BE PLACED BY THE AUTHORITY OR AUCTION WEBSITE
VENDOR ON THE INITIAL LIST PRICES OR FINAL SALE PRICES OF MEDALLIONS;
HOWEVER, THE AUTHORITY MAY DETERMINE WHETHER OR NOT MINIMUM OR RESERVE
PRICES SOUGHT BY ALL SELLERS OF MEDALLIONS SHALL BE VISIBLE TO ALL OTHER
PARTICIPANTS.
3. ALL PARTICIPANTS SHALL BE ASSIGNED RANDOM IDENTIFYING INFORMATION
BY THE AUTHORITY OR AUCTION WEBSITE VENDOR SUCH THAT NO PARTICIPANT CAN
DETERMINE THE IDENTITY OR GEOGRAPHIC LOCATION OF ANY OTHER PARTICIPANT.
4. BEGINNING NINETY DAYS PRIOR TO THE CONCLUSION OF THE FIRST THREE
YEARS OF THE MEDALLION PERIOD, THE AUTHORITY SHALL CAUSE TO BE LISTED ON
THE MAIN PAGE OF THE AUCTION WEBSITE THE HIGHEST SINGLE SALE PRICE FOR
WHICH ANY MEDALLION SOLD DURING THE PRECEDING PORTION OF THE MEDALLION
S. 3 8 A. 3
PERIOD. SUCH PRICE SHALL BE UPDATED AT THE BEGINNING AND END OF EACH
DAY.
5. THE AUTHORITY SHALL CAUSE TO BE INCLUDED IN THE AUCTION WEBSITE A
MECHANISM TO FACILITATE THE DIRECT TRANSFER OF MEDALLIONS BETWEEN FAMILY
MEMBERS AT ANY PRICE.
6. UPON SUCCESSFUL SALE OR TRANSFER OF ANY MEDALLION, THE AUTHORITY
SHALL CAUSE TO BE SENT IN WRITING TO THE BUYER NOTICE OF THE TRANS-
ACTION, A COPY OF WHICH MUST BE RETURNED TO THE AUTHORITY WITH ANY
APPLICATION FOR A LICENSE REQUIRING A MEDALLION.
7. THE AUTHORITY SHALL MAINTAIN A DATABASE OF MEDALLION TRANSACTIONS
SUCH THAT THE AUTHORITY CAN VALIDATE THAT APPLICANTS APPLYING FOR A
LICENSE REQUIRING A MEDALLION INDEED POSSES A MEDALLION.
8. THE AUTHORITY MAY PROMULGATE SUCH OTHER RULES AND REGULATIONS THAT
ARE NECESSARY TO GOVERN THE FORMAT AND FUNCTION OF THE AUCTION WEBSITE.
S 178. RESTRICTIONS ON THE MEDALLION PERIOD. 1. ONLY THE LIST PRICES
FOR MEDALLIONS LISTED FOR INITIAL SALE SHALL BE CONSIDERED FOR THE
PURPOSES OF THE EXPIRATION OF THE MEDALLION PERIOD.
2. THE MEDALLION PERIOD MAY ONLY BE EXTENDED FOR THREE YEARS IF MEDAL-
LIONS REMAIN LISTED FOR INITIAL SALE AT A REASONABLE PRICE AT THE
CONCLUSION OF THE FIRST THREE YEARS OF THE MEDALLION PERIOD.
S 179. NOTICE; REPEAL OF THIS ARTICLE. 1. THIS ARTICLE SHALL BE DEEMED
REPEALED AT 11:59 PM ON THE FINAL DAY OF THE MEDALLION PERIOD.
2. WITHIN TWENTY-FOUR HOURS OF THE CONCLUSION OF THE FIRST THREE YEARS
OF THE MEDALLION PERIOD, THE AUTHORITY SHALL NOTIFY IN WRITING THE
LEGISLATURE, EXECUTIVE AND THE COMMISSIONERS OF THE LEGISLATIVE BILL
DRAFTING COMMISSION WHETHER OR NOT THE MEDALLION PERIOD HAS ENDED. IF
THE MEDALLION PERIOD CONTINUES, THEN WITHIN TWENTY-FOUR HOURS OF THE END
OF THE MEDALLIONS PERIOD, THE AUTHORITY SHALL NOTIFY IN WRITING THE
LEGISLATURE, EXECUTIVE AND THE COMMISSIONERS OF THE LEGISLATIVE BILL
DRAFTING COMMISSION THAT THE MEDALLION PERIOD HAS CONCLUDED AND THAT
THIS ARTICLE IS REPEALED. UPON THE ISSUANCE OF BOTH LETTERS THE AUTHORI-
TY SHALL ALSO CAUSE SUCH NOTICE TO BE POSTED ON THE MAIN PAGE OF THE
AUCTION WEBSITE, AS WELL AS PROMINENTLY ON THE AUTHORITY'S WEBSITE.
S 8. Subdivision 2-a of section 100 of the alcoholic beverage control
law, as amended by chapter 249 of the laws of 2002, is amended to read
as follows:
2-a. No retailer shall employ, or permit to be employed, or shall
suffer to work, on any premises licensed for retail sale hereunder, any
person under the age of eighteen years, as a hostess, waitress, waiter,
or in any other capacity where the duties of such person require or
permit such person to sell, dispense or handle alcoholic beverages;
except that: (1) any person under the age of eighteen years and employed
by any person holding a grocery or drug store beer license shall be
permitted to handle and deliver beer and wine products for such licen-
see, (2) any person under the age of eighteen employed as a cashier by a
person holding a grocery or drug store beer license shall be permitted
to record and receive payment for beer and wine product sales when in
the presence of and under the direct supervision of a person eighteen
years of age or over, (2-a) any person under the age of eighteen years
and employed by a person holding a grocery store or drug store beer
license as either a cashier or in any other position to which handling
of containers which may have held alcoholic beverages is necessary,
shall be permitted to handle the containers if such have been presented
for redemption in accordance with the provisions of title ten of article
twenty-seven of the environmental conservation law, [and] (3) any person
under the age of eighteen years employed as a dishwasher, busboy, or
S. 3 9 A. 3
other such position as to which handling of containers which may have
held alcoholic beverages is necessary shall be permitted to do so under
the direct supervision of a person of legal age to purchase alcoholic
beverages in the state, (4) ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS
AND EMPLOYED BY A PERSON HOLDING A GROCERY OR DRUG STORE WINE LICENSE
SHALL BE PERMITTED TO HANDLE AND DELIVER WINE FOR SUCH LICENSEE, AND (5)
ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS AND EMPLOYED BY A PERSON
HOLDING A GROCERY OR DRUG STORE WINE LICENSE SHALL BE PERMITTED TO
RECORD AND RECEIVE PAYMENT FOR WINE SALES WHEN IN THE PRESENCE OF AND
UNDER THE DIRECT SUPERVISION OF A PERSON EIGHTEEN YEARS OR OVER.
S 9. Subdivision 2 of section 105 of the alcoholic beverage control
law is REPEALED.
S 10. Subdivision 7 of section 105 of the alcoholic beverage control
law is REPEALED.
S 11. Subdivision 10 of section 105 of the alcoholic beverage control
law, paragraph (a) as amended by chapter 679 of the laws of 1950, is
amended to read as follows:
10. [(a)] Each retail licensee of liquor and/or wine for off-premises
consumption shall have conspicuously displayed within the interior of
the licensed premises where sales are made and where it can be readily
inspected by consumers a printed price list of the liquors and/or wines
offered for sale therein; and no liquor and/or wine shall be sold except
at the price set forth in such list[;
(b) No screen, blind, curtain, partition, article or thing shall be
permitted in the windows or upon the doors of such licensed premises,
which shall prevent a clear view into the interior of such licensed
premises from the sidewalk, at all times; and
(c) No booth, screen, partition or other obstruction shall be permit-
ted in the interior of said licensed premises].
S 12. Paragraphs (a) and (b) of subdivision 14 of section 105 of the
alcoholic beverage control law, paragraph (a) as amended by section 1 of
part U of chapter 63 of the laws of 2003 and paragraph (b) as amended by
chapter 334 of the laws of 2004, are amended to read as follows:
(a) No premises licensed to sell liquor and/or wine for off-premises
consumption shall be permitted to [remain open] SELL LIQUOR AND/OR WINE:
(i) On Sunday before twelve o'clock post meridian and after nine
o'clock post meridian.
(ii) On any day between midnight and eight o'clock antemeridian.
(iii) On the twenty-fifth day of December, known as Christmas day.
In any community where daylight saving time is in effect, such time
shall be deemed the standard time for the purpose of this subdivision.
(b) This subdivision shall only be interpreted to prohibit the sale of
liquor and/or wine for off-premises consumption [when it is closed to
the public, provided however, retail licensees may undertake all other
activities allowed during the course of normal business operations]. A
LICENSEE MAY ENGAGE IN ANY OTHER LAWFUL ACTIVITY ALLOWED ON THE
LICENSEE'S PREMISES, including but not limited to:
(i) placing orders with or taking deliveries from wholesalers AND
MANUFACTURERS;
(ii) meeting with individuals who have valid solicitors permits issued
by the liquor authority;
(iii) stocking shelves;
(iv) filling or building displays; [and]
(v) rotating product on store shelves; AND
(VI) THE SALE OF OTHER PRODUCTS, INCLUDING BEER AND WINE PRODUCTS.
S. 3 10 A. 3
S 13. Section 105 of the alcoholic beverage control law is amended by
adding a new subdivision 24 to read as follows:
24. COOPERATIVE AGREEMENTS BY LICENSEES TO SELL AT RETAIL FOR CONSUMP-
TION OFF THE PREMISES. FOR THE PURPOSES OF PURCHASING ONLY, ANY TWO OR
MORE PERSONS LICENSED PURSUANT TO SECTIONS SIXTY-THREE AND/OR
SEVENTY-NINE OF THIS CHAPTER MAY JOIN IN AN AGREEMENT TO MAKE JOINT
PURCHASES OF LIQUOR AND/OR WINE IN LARGER QUANTITIES THAN MIGHT OTHER-
WISE BE PURCHASED; PROVIDED, HOWEVER, THAT ALL SUCH ALCOHOLIC BEVERAGES
PURCHASED PURSUANT TO ANY SUCH AGREEMENT SHALL BE DISTRIBUTED TO NONE
OTHER THAN A LICENSEE WHO IS A PARTY TO SUCH AGREEMENT. THE COOPERATIVE
AGREEMENTS, AS AUTHORIZED UNDER THIS SUBDIVISION, SHALL BE VOID IF,
WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE PREMISES
OPERATING UNDER THE COOPERATIVE AGREEMENTS AUTHORIZED IN THIS SUBDIVI-
SION ARE LOCATED MORE THAN ONE MILE FROM ONE ANOTHER. THE COOPERATIVE
AGREEMENTS, AS AUTHORIZED UNDER THIS SUBDIVISION, SHALL BE VOID IF,
OUTSIDE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE PREMISES
OPERATING UNDER AGREEMENTS AUTHORIZED IN THIS SUBDIVISION ARE LOCATED
MORE THAN FIFTY MILES FROM ONE ANOTHER. THE AUTHORITY MAY PROMULGATE
SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THE
PROVISIONS OF THIS SUBDIVISION.
S 14. Paragraph a of subdivision 1 of section 101-aa of the alcoholic
beverage control law, as amended by chapter 84 of the laws of 2004, is
amended to read as follows:
a. "Credit period" means a period beginning on the date alcoholic
beverages are delivered and ending thirty days thereafter, EXCEPT THAT
WITH REGARD TO LICENSEES LICENSED UNDER SECTION SIXTY-THREE OR SEVENTY-
NINE OF THIS CHAPTER THE "CREDIT PERIOD" MEANS A PERIOD BEGINNING ON THE
DATE ALCOHOLIC BEVERAGES ARE DELIVERED AND ENDING SIXTY DAYS THEREAFTER.
S 15. Section 101-aa of the alcoholic beverage control law is amended
by adding a new subdivision 3-a to read as follows:
3-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS
SECTION, THE HOLDER OF A LICENSE TO SELL LIQUOR AND WINE AT RETAIL FOR
CONSUMPTION OFF THE PREMISES, PURSUANT TO SECTION SIXTY-THREE OF THIS
CHAPTER, OR A LICENSEE TO SELL WINE AT RETAIL FOR CONSUMPTION OFF THE
PREMISES PURSUANT TO SECTION SEVENTY-NINE OF THIS CHAPTER, WHO IS IN
DEFAULT MAY PURCHASE ALCOHOLIC BEVERAGES ON CREDIT EXCEPT FROM THE
MANUFACTURER OR WHOLESALER WHO PLACED SUCH RETAIL LICENSEE IN DEFAULT.
S 16. Paragraph (b) of subdivision 3 of section 101-b of the alcoholic
beverage control law, as amended by section 1 of part E of chapter 56 of
the laws of 2006, is amended to read as follows:
(b) No brand of liquor or wine shall be sold to or purchased by a
retailer unless a schedule, as provided by this section, is transmitted
to and received by the liquor authority, and is then in effect. Such
schedule shall be transmitted to the authority in such form, manner,
medium and format as the authority may direct; shall be deemed duly
verified by the person submitting such schedule upon its transmission to
the authority; and shall contain, with respect to each item, the exact
brand or trade name, capacity of package, nature of contents, age and
proof where stated on the label, the number of bottles contained in each
case, the bottle and case price to retailers, the net bottle and case
price paid by the seller, which prices, in each instance, shall be indi-
vidual for each item and not in "combination" with any other item, the
discounts for quantity, if any, and the discounts for time of payment,
if any. PROVIDED HOWEVER THAT, FOR THE PURPOSES OF THIS PARAGRAPH,
DIFFERENT PRODUCTS OR DIFFERENT SIZED BOTTLES FROM THE SAME MANUFACTURER
MAY BE COMBINED. Such brand of liquor or wine shall not be sold to
S. 3 11 A. 3
retailers except at the price and discounts then in effect unless prior
written permission of the authority is granted for good cause shown and
for reasons not inconsistent with the purpose of this chapter. Such
schedule shall be transmitted by each manufacturer selling such brand to
retailers and by each wholesaler selling such brand to retailers.
S 17. Subdivision 12 of section 17 of the alcoholic beverage control
law, as amended by chapter 549 of the laws of 2001, is amended to read
as follows:
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
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
S. 3 12 A. 3
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.
S 18. This act shall take effect immediately; provided that sections
four, five and six of this act, subdivision 5 of section 63 and subdivi-
sion 2 of section 79 of the alcoholic beverage control law, as amended
by sections two and three of this act, respectively, shall take effect
ninety days after it shall have become a law.
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