NY State Assembly Bill 2009-A8645

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 30, 2010	signed chap.435
Aug 18, 2010	delivered to governor
Jun 17, 2010	returned to assembly passed senate
Jun 14, 2010	3rd reading cal.837 substituted for s5803b
Apr 28, 2010	referred to mental health and developmental disabilities delivered to senate passed assembly
Mar 22, 2010	amended on third reading 8645b
Mar 18, 2010	advanced to third reading cal.743
Mar 16, 2010	reported
Mar 09, 2010	reported referred to codes
Jan 20, 2010	committed to economic development
Jan 06, 2010	ordered to third reading cal.616 returned to assembly died in senate
Jun 22, 2009	referred to rules delivered to senate passed assembly ordered to third reading rules cal.660 rules report cal.660 reported
Jun 15, 2009	reported referred to rules
Jun 11, 2009	print number 8645a
Jun 11, 2009	amend (t) and recommit to codes
Jun 09, 2009	reported referred to codes
Jun 01, 2009	referred to economic development

Votes

- Jun 17, 2010 - Floor Vote
  A8645
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan

Bill Amendments

Original

B (Active)

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2009-A8645 - Details

See Senate Version of this Bill:: S5803
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§65 & 17, ABC L; amd §260.20, Pen L

2009-A8645 - Summary

Relates to alcohol awareness training programs; bond revocation for civil penalties; provides for training within 90 days.

2009-A8645 - Sponsor Memo

                                BILL NUMBER:A8645

TITLE  OF BILL:   An act to amend the alcoholic beverage control law, in
relation to alcohol training awareness programs

PURPOSE OR GENERAL IDEA OF BILL: To encourage those who hold  a  license
to  sell  alcoholic  beverages  at  retail and their employees to attend
alcohol training awareness programs in an effort to stem underage drink-
ing and alcohol overconsumption

SUMMARY OF SPECIFIC PROVISIONS: Section one amends  section  65  of  the
alcoholic beverage control law (ABC law) by adding two new subdivisions,
7  and  8. Subdivision 7 provides that in a proceeding to revoke, cancel
or suspend a license to sell alcoholic beverages at retail where  it  is
alleged that the licensee violated subdivision one or subdivision two of
this section, and the licensee has not had any adjudicated violations of
the  ABC  laws  within  the past five years, if a licensee holds a valid
certificate of completion or a renewal, the civil  penalty  shall  be  a
bond  revocation  only.  Subdivision  8 provides that in a proceeding to
revoke, cancel or suspend a  license  to  sell  alcoholic  beverages  at
retail  where  it is alleged that a licensee violated subdivision one or
subdivision two of this section and the charge is sustained by the state
liquor authority, if the licensee agrees that all of  employees  of  the
licensee shall obtain a valid certificate of completion or renewal with-
in  ninety  days of the finding of such offense and the licensee has not
had any other adjudicated violations of the ABC  laws  within  the  past

five years, the civil penalty shall be reduced by twenty-five percent.

Section two amends the closing paragraph of subdivision 12 of section 17
of  the alcoholic beverage control law, as amended by chapter 549 of the
laws of 2001, by providing  that  alcohol  training  awareness  programs
shall  be  attended  in  person,  through  distance learning methods, or
through an internet based online program.

Section three provides the effective date.

JUSTIFICATION: It is not merely anecdotal that underage  drinking  is  a
problem  throughout  the  country,  including  New  York  State. Alcohol
related injuries and deaths occur at an alarming rate. According to  the
Insurance  Institute  for  Highway Safety, 28% of passengers, age 16-20,
who were fatally injured in motor vehicle accidents in the state in 2007
had a blood alcohol content level of .08 or more.  Non-vehicular alcohol
related accidents and deaths are generally on the rise as well. In 2005,
the monetary cost to New York State, which includes the cost of  medical
care and work loss, was $3.2 billion, according to the Pacific Institute
for  Research and Evaluation; making New York the 38th highest in under-
age drinking related costs in the  country.  Such  figures  do  not,  of
course,  reflect  the immeasurable cost of pain and suffering related to
injuries and death stemming from alcoholic consumption by minors.

Overconsumption by those who are twenty-one years of age or older  nega-
tively  impacts  New York and its residents as well. According to recent

statistics published by the New York State Department of Motor Vehicles,
one third of all vehicular fatalities in the state involved impaired  or
intoxicated drivers and pedestrians.

Alcohol  Training  Awareness  Programs, authorized by the New York State
Liquor Authority (SLA) are currently available to  licensees  and  their
employees.  Such  programs,  however,  are  under-attended. It is widely
acknowledged that attendance at such programs decreases  the  incidences
of  serving alcohol to minors, and helps servers recognize customers who
are visibly intoxicated.

By providing real world  incentives,  this  legislation  will  encourage
those  who  hold  a  license  to sell alcoholic beverages at retail, and
their employees, to attend alcohol training  awareness  programs  in  an
effort to stem underage drinking and alcohol overconsumption.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL  IMPLICATION:  Reduced  revenues  from  possible  civil penalties
collections, however, his will be more than offset by the savings to the
state in costs associated with alcohol related injuries and deaths.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it
shall have become a law.

2009-A8645 - Bill Text download pdf

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

                                  8645

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2009
                               ___________

Introduced  by  M. of A. PAULIN, SCHIMMINGER, GALEF, ESPAILLAT -- Multi-
  Sponsored by -- M. of A. DelMONTE, GOTTFRIED, McENENY, RUSSELL,  WEIS-
  ENBERG -- read once and referred to the Committee on Economic Develop-
  ment, Job Creation, Commerce and Industry

AN ACT to amend the alcoholic beverage control law, in relation to alco-
  hol training awareness programs

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

  Section 1. Section 65 of the alcoholic beverage control law is amended
by adding two new subdivisions 7 and 8 to read as follows:
  7. IN ANY PROCEEDING PURSUANT TO SECTION ONE HUNDRED EIGHTEEN OF  THIS
CHAPTER  TO REVOKE, CANCEL OR SUSPEND A LICENSE TO SELL ALCOHOLIC BEVER-
AGES AT RETAIL, IN WHICH IT IS ALLEGED THAT A LICENSEE VIOLATED SUBDIVI-
SION ONE OR TWO OF THIS SECTION, AND THE LICENSEE HAS NOT HAD ANY  ADJU-
DICATED VIOLATIONS OF THIS CHAPTER WITHIN THE PREVIOUS FIVE YEAR PERIOD,
AND THAT AT THE TIME OF SUCH VIOLATION THE EMPLOYEE OF THE LICENSEE THAT
COMMITTED  SUCH ALLEGED VIOLATION HELD A VALID CERTIFICATE OF COMPLETION
OR RENEWAL FROM AN ENTITY AUTHORIZED TO GIVE AND ADMINISTER  AN  ALCOHOL
TRAINING  AWARENESS  PROGRAM  PURSUANT  TO SUBDIVISION TWELVE OF SECTION
SEVENTEEN OF THIS CHAPTER, THE CIVIL PENALTY  RELATED  TO  SUCH  OFFENSE
SHALL  BE A BOND REVOCATION AND NO OTHER PENALTY SHALL BE ASSESSED UNDER
THIS SUBDIVISION.
  8. IN ANY PROCEEDING PURSUANT TO SECTION ONE HUNDRED EIGHTEEN OF  THIS
CHAPTER  TO REVOKE, CANCEL OR SUSPEND A LICENSE TO SELL ALCOHOLIC BEVER-
AGES AT RETAIL, IN WHICH IT IS ALLEGED THAT A LICENSEE VIOLATED SUBDIVI-
SION ONE OR TWO OF THIS SECTION AND SUCH  CHARGE  IS  SUSTAINED  BY  THE
STATE  LIQUOR  AUTHORITY, AND THE LICENSEE HAS NOT HAD ANY OTHER ADJUDI-
CATED VIOLATIONS OF THIS CHAPTER WITHIN THE PREVIOUS FIVE  YEAR  PERIOD,
AND  THE LICENSEE AGREES THAT ALL EMPLOYEES OF THE LICENSEE SHALL OBTAIN
A VALID CERTIFICATE OF COMPLETION OR RENEWAL FROM AN  ENTITY  AUTHORIZED
TO GIVE AND ADMINISTER AN ALCOHOL TRAINING AWARENESS PROGRAM PURSUANT TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14138-02-9

A. 8645                             2

SUBDIVISION  TWELVE  OF  SECTION SEVENTEEN OF THIS CHAPTER WITHIN NINETY
DAYS OF THE FINDING OF SUCH OFFENSE BY SUCH AUTHORITY, THE CIVIL PENALTY
RELATED TO SUCH OFFENSE SHALL BE REDUCED BY TWENTY-FIVE PERCENT.
  S  2.  The  closing  paragraph  of 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:
  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.   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 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2009-A8645A - Details

See Senate Version of this Bill:: S5803
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§65 & 17, ABC L; amd §260.20, Pen L

2009-A8645A - Summary

Relates to alcohol awareness training programs; bond revocation for civil penalties; provides for training within 90 days.

2009-A8645A - Sponsor Memo

                                BILL NUMBER:A8645A

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to alcohol training awareness programs; and to amend the penal
law, in relation to unlawfully dealing with a child in the first degree

PURPOSE OR GENERAL IDEA OF BILL: To encourage those who hold a license
to sell alcoholic beverages at retail and their employees to attend
alcohol training awareness programs in an effort to stem underage drink-
ing and alcohol overconsumption

SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 65 of the
alcoholic beverage control law (ABC law) by adding two new subdivisions,
7 and 8. Subdivision 7 provides that in a proceeding to revoke, cancel
or suspend a license to sell alcoholic beverages at retail where it is
alleged that the licensee violated subdivision one or subdivision two of
this section, and the licensee has not had any adjudicated violations of
the ABC laws at the licensed premises where the alleged violation
occurred within the past five years, if a licensee holds a valid certif-
icate of completion or a renewal, the civil penalty shall be a bond
revocation only. Subdivision 8 provides that in a proceeding to revoke,
cancel or suspend a license to sell alcoholic beverages at retail where
it is alleged that a licensee violated subdivision one or subdivision
two of this section and the charge is sustained by the state liquor
authority, if the licensee has not had any other adjudicated violations
of the ABC laws at the licensed premises where the violation occurred

within the past five years, and the licensee agrees that all of the
employees of the licensee that are involved in the direct sale or
service of alcoholic beverages to the public at the licensed premises
where the violation occurred shall obtain a valid certificate of
completion or renewal within ninety days of the finding of such offense,
the civil penalty shall be reduced by twenty-five percent.

Section two amends the closing paragraph of subdivision 12 of section 17
of the alcoholic beverage control law, as amended by chapter 549 of the
laws of 2001, by providing that alcohol training awareness programs
shall be attended in person, through distance learning methods, or
through an internet based online program.

Section three amends subdivision two of section 260.20 of the penal law
by adding a second unnumbered paragraph which provides that it shall be
an affirmative defense to a prosecution pursuant to subdivision two of
section 260.20 of the penal law, unlawfully dealing with a child in the
first degree, that at the time of the alleged violation, the defendant
had not been convicted of a violation of sections 260.20 or 260.21 of
the penal law, within the previous five years and such defendant, subse-
quent to the commencement of the present prosecution, has completed an
alcohol training awareness program. A reasonable adjournment of the
proceedings may be granted to enable such defendant to complete the
training program.

Section four provides the effective date.

JUSTIFICATION: It is not merely anecdotal that underage drinking is a
problem throughout the country, including New York State. Alcohol
related injuries and deaths occur at an alarming rate. According to the
Insurance Institute for Highway Safety, 28% of passengers, age 16-20,
who were fatally injured in motor vehicle accidents in the state in 2007
had a blood alcohol content level of .08 or more.  Non-vehicular alcohol
related accidents and deaths, such as alcohol poisoning, are on the rise
as well. In 2005, the monetary cost to New York State, which includes
the cost of medical care and work loss, was $3.2 billion, according to
the Pacific Institute for Research and Evaluation; making New York the
38th highest in underage drinking related costs in the country. Such
figures do not, of course, reflect the incalculable cost of pain and
suffering related to injuries and death stemming from alcohol consump-
tion by minors.

Overconsumption by those who are twenty-one years of age or older nega-
tively impacts New York and its residents as well. According to recent
statistics published by the New York State Department of Motor Vehicles,
one third of all vehicular fatalities in the state involved impaired or
intoxicated drivers and pedestrians.

Alcohol Training Awareness Programs, authorized by the New York State
Liquor Authority (SLA) are currently available to licensees and their
employees. Such programs, however, are under-attended. It is widely
acknowledged that attendance at such programs decreases the incidences
of serving alcohol to minors, and helps servers recognize customers who
are visibly intoxicated.

By providing real world incentives, this legislation will encourage
those who hold a license to sell alcoholic beverages at retail, and
their employees, to attend alcohol training awareness programs in an
effort to stem underage drinking and alcohol overconsumption.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATION: Reduced revenues from possible civil penalties
collections, however, this will be more than offset by the savings to
the state in costs associated with alcohol related injuries and deaths.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it
shall have become a law.

2009-A8645A - Bill Text download pdf

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

                                 8645--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2009
                               ___________

Introduced  by  M. of A. PAULIN, SCHIMMINGER, GALEF, ESPAILLAT -- Multi-
  Sponsored by -- M. of A. DelMONTE, GOTTFRIED, McENENY, RUSSELL,  WEIS-
  ENBERG -- read once and referred to the Committee on Economic Develop-
  ment,  Job Creation, Commerce and Industry -- reported and referred to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the alcoholic beverage control law, in relation to alco-
  hol  training  awareness  programs;  and  to  amend  the penal law, in
  relation to unlawfully dealing with a child in the first degree

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

  Section 1. Section 65 of the alcoholic beverage control law is amended
by adding two new subdivisions 7 and 8 to read as follows:
  7.  IN ANY PROCEEDING PURSUANT TO SECTION ONE HUNDRED EIGHTEEN OF THIS
CHAPTER TO REVOKE, CANCEL OR SUSPEND A LICENSE TO SELL ALCOHOLIC  BEVER-
AGES AT RETAIL, IN WHICH IT IS ALLEGED THAT A LICENSEE VIOLATED SUBDIVI-
SION  ONE OR TWO OF THIS SECTION, AND THE LICENSEE HAS NOT HAD ANY ADJU-
DICATED VIOLATIONS OF THIS CHAPTER AT THE LICENSED  PREMISES  WHERE  THE
ALLEGED  VIOLATION  OCCURRED  WITHIN  THE PREVIOUS FIVE YEAR PERIOD, AND
THAT AT THE TIME OF SUCH VIOLATION THE EMPLOYEE  OF  THE  LICENSEE  THAT
COMMITTED  SUCH ALLEGED VIOLATION HELD A VALID CERTIFICATE OF COMPLETION
OR RENEWAL FROM AN ENTITY AUTHORIZED TO GIVE AND ADMINISTER  AN  ALCOHOL
TRAINING  AWARENESS  PROGRAM  PURSUANT  TO SUBDIVISION TWELVE OF SECTION
SEVENTEEN OF THIS CHAPTER, THE CIVIL PENALTY  RELATED  TO  SUCH  OFFENSE
SHALL  BE A BOND REVOCATION AND NO OTHER PENALTY SHALL BE ASSESSED UNDER
THIS SUBDIVISION.
  8. IN ANY PROCEEDING PURSUANT TO SECTION ONE HUNDRED EIGHTEEN OF  THIS
CHAPTER  TO REVOKE, CANCEL OR SUSPEND A LICENSE TO SELL ALCOHOLIC BEVER-
AGES AT RETAIL, IN WHICH IT IS ALLEGED THAT A LICENSEE VIOLATED SUBDIVI-
SION ONE OR TWO OF THIS SECTION AND SUCH  CHARGE  IS  SUSTAINED  BY  THE
STATE  LIQUOR  AUTHORITY, AND THE LICENSEE HAS NOT HAD ANY OTHER ADJUDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14138-06-9

A. 8645--A                          2

CATED VIOLATIONS OF THIS CHAPTER AT  THE  LICENSED  PREMISES  WHERE  THE
VIOLATION  OCCURRED WITHIN THE PREVIOUS FIVE YEAR PERIOD, AND THE LICEN-
SEE AGREES THAT ALL EMPLOYEES INVOLVED IN THE DIRECT SALE OR SERVICE  OF
ALCOHOLIC  BEVERAGES  TO  THE  PUBLIC AT THE LICENSED PREMISES WHERE THE
VIOLATION OCCURRED SHALL OBTAIN A VALID  CERTIFICATE  OF  COMPLETION  OR
RENEWAL  FROM  AN  ENTITY  AUTHORIZED  TO GIVE AND ADMINISTER AN ALCOHOL
TRAINING AWARENESS PROGRAM PURSUANT TO  SUBDIVISION  TWELVE  OF  SECTION
SEVENTEEN  OF  THIS  CHAPTER  WITHIN  NINETY DAYS OF THE FINDING OF SUCH
OFFENSE BY SUCH AUTHORITY, THE CIVIL PENALTY  RELATED  TO  SUCH  OFFENSE
SHALL BE REDUCED BY TWENTY-FIVE PERCENT.
  S  2.  The  closing  paragraph  of 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:
  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-

A. 8645--A                          3

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  3. Section 260.20 of the penal law is amended by adding a new third
undesignated paragraph to read as follows:
  IT IS AN AFFIRMATIVE DEFENSE TO A PROSECUTION PURSUANT TO  SUBDIVISION
TWO  OF  THIS  SECTION THAT THE DEFENDANT WHO SOLD, CAUSED TO BE SOLD OR
ATTEMPTED TO SELL SUCH ALCOHOLIC BEVERAGE TO A PERSON LESS THAN  TWENTY-
ONE YEARS OLD, HAD NOT BEEN, AT THE TIME OF SUCH SALE OR ATTEMPTED SALE,
CONVICTED OF A VIOLATION OF THIS SECTION OR SECTION 260.21 OF THIS ARTI-
CLE  WITHIN  THE PRECEDING FIVE YEARS, AND SUCH DEFENDANT, SUBSEQUENT TO
THE COMMENCEMENT OF THE PRESENT PROSECUTION, HAS  COMPLETED  AN  ALCOHOL
TRAINING AWARENESS PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWELVE OF
SECTION  SEVENTEEN  OF  THE  ALCOHOLIC BEVERAGE CONTROL LAW. A DEFENDANT
OTHERWISE QUALIFYING PURSUANT TO THIS PARAGRAPH MAY REQUEST AND SHALL BE
AFFORDED A REASONABLE ADJOURNMENT OF THE PROCEEDINGS TO  ENABLE  HIM  OR
HER TO COMPLETE SUCH ALCOHOL TRAINING AWARENESS PROGRAM.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law.

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2009-A8645B (ACTIVE) - Details

See Senate Version of this Bill:: S5803
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§65 & 17, ABC L; amd §260.20, Pen L

2009-A8645B (ACTIVE) - Summary

Relates to alcohol awareness training programs; bond revocation for civil penalties; provides for training within 90 days.

2009-A8645B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8645B

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to alcohol training awareness programs; and to amend the penal
law, in relation to unlawfully dealing with a child in the first degree

PURPOSE OR GENERAL IDEA OF BILL: To encourage those who hold a license
to sell alcoholic beverages, and their employees, to attend alcohol
training awareness programs in an effort to stem underage drinking and
alcohol over consumption

SUMMARY OF SPECIFIC PROVISIONS: Section one amends subdivision 4 of
section 65 of the alcoholic beverage control law. (ABC law) as amended
by chapter 519 of the laws of 1999 by making the language gender neutral
and by deleting the current language pertaining to an affirmative
defense to any proceeding pursuant to subdivision one of section 65 of
the ABC law.

Section two amends subdivision 6 of section 65 of the ABC law, as
amended by chapter 481 of the laws of 1999, by providing that it shall
be an affirmative defense to any proceeding pursuant to section one
hundred eighteen of the ABC law where it is alleged that a person
violated subdivision one of section 65 - selling, delivering or giving
away alcoholic beverages to a person under the age of twenty-one - that
such person reasonably relied on a photographic identification card
presented by the person to whom the alcoholic beverages were sold,

delivered, or given. The liquor authority, in evaluating the applicabil-
ity of such affirmative defense, shall consider any written policy
adopted and implemented by the seller.

Section three amends section 65 of the ABC law by adding a new subdivi-
sion 7. Paragraph (a) of subdivision 7 provides that in a proceeding
pursuant to section one hundred eighteen of the ABC law to revoke,
cancel, or suspend a license to sell alcoholic beverages, in which
proceeding a charge is sustained that a person violated subdivision one
or two of section 65 and the licensee has not had any adjudicated
violation of the ABC law at the licensed premises where the violation
occurred within the past five years, and the person who committed such
violation held a valid certificate of completion or a renewal from an
alcohol training awareness course, the civil penalty shall be the recov-
ery of the penal sum of the bond on file during the period in which the
violation took place. Paragraph (b) of subdivision 7 provides, alterna-
tively, that at the time of such violation, if the licensee has not had
any adjudicated violations of the ABC law at the licensed premises with-
in the previous five years any civil penalty imposed shall be reduced by
twenty-five percent if the licensee submits written proof that all
employees at the time of the violation who are involved in the sale of
alcoholic beverages have obtained a valid certificate of completion from
an alcohol training awareness program.

Section four amends the closing paragraph of subdivision 12 of section
17 of the ABC law, as amended by chapter 549 of the laws of 2001, by

providing that alcohol training awareness programs shall be attended in
person, through distance learning methods, or through an Internet based
online program.

Section five amends subdivision two of section 260.20 of the penal law
by adding a new third undesignated paragraph which provides that it
shall be an affirmative defense to a prosecution pursuant to subdivision
two of section 260.20 of the penal law - unlawfully dealing with a child
in the first degree - that at the time of the alleged violation, the
defendant had not been convicted of a violation of sections 260.20 or
260.21 of the penal law, within the previous five years and such defend-
ant, subsequent to the commencement of the present prosecution, has
completed an alcohol training awareness program. A reasonable adjourn-
ment of the proceedings may be granted to enable such defendant to
complete the training program.

Section six provides the effective date.

JUSTIFICATION: It is not merely anecdotal that underage drinking is a
problem throughout the country, including New York State. Alcohol
related injuries and deaths occur at an alarming rate. According to the
Insurance Institute for Highway Safety, 28% of passengers, age 16-20,
who were fatally injured in motor vehicle accidents in the state in 2007
had a blood alcohol content level of .08 or more.  Non-vehicular alcohol
related accidents and deaths, such as alcohol poisoning, are on the rise
as well. In 2005, the monetary cost to New York State, which includes
the cost of medical care and work loss, was $3.2 billion, according to
the Pacific institute for Research and Evaluation; making New York the
38th highest in underage drinking related costs in the country. Such
figures do not, of course, reflect the incalculable cost of pain and
suffering related to injuries and death stemming from alcohol consump-
tion by minors.

Overconsumption by those who are twenty-one years of age or older nega-
tively impacts New York and its residents as well. According to recent
statistics published by the New York State Department of Motor Vehicles,
one third of all vehicular fatalities in the state involved impaired or
intoxicated drivers and pedestrians.

Alcohol Training Awareness Programs, authorized by the New York State
Liquor Authority (SLA) are currently available to licensees and their
employees. Such programs, however, are under-attended. It is widely
acknowledged that attendance at such programs decreases the incidences
of serving alcohol to minors, and helps servers recognize customers who
are visibly intoxicated.

By providing real world incentives, this legislation will encourage
those who hold a license to sell alcoholic beverages at retail, and
their employees, to attend alcohol training awareness programs in an
effort to stem underage drinking and alcohol overconsumption.

PRIOR LEGISLATIVE HISTORY: 2009, passed in the Assembly. Same as
S.5803-A (Klein).

FISCAL IMPLICATION: Reduced revenues from possible civil penalties
collections, however, this will be more than offset by the savings to
the state in costs associated with alcohol related injuries and deaths.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it
shall have become a law.

2009-A8645B (ACTIVE) - Bill Text download pdf

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

                                 8645--B
                                                        Cal. No. 743

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2009
                               ___________

Introduced  by M. of A. PAULIN, SCHIMMINGER, GALEF, ESPAILLAT, HOOPER --
  Multi-Sponsored by -- M. of A. DelMONTE, GOTTFRIED, McENENY,  RUSSELL,
  WEISENBERG  --  read  once  and  referred to the Committee on Economic
  Development, Job Creation,  Commerce  and  Industry  --  reported  and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported from committee, advanced to a third reading, amended
  and ordered reprinted, retaining its place on the order of third read-
  ing

AN ACT to amend the alcoholic beverage control law, in relation to alco-
  hol training awareness programs;  and  to  amend  the  penal  law,  in
  relation to unlawfully dealing with a child in the first degree

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

  Section 1. Subdivision 4 of  section  65  of  the  alcoholic  beverage
control  law,  as amended by chapter 519 of the laws of 1999, is amended
to read as follows:
  4. Neither such person so refusing  to  sell  or  deliver  under  this
section nor his OR HER employer shall be liable in any civil or criminal
action  or  for any fine or penalty based upon such refusal, except that
such sale or delivery shall not be refused, withheld from or  denied  to
any  person on account of race, creed, color or national origin. [In any
proceeding pursuant to subdivision one of this section, it shall  be  an
affirmative  defense  that such person had produced a photographic iden-
tification card apparently issued by a governmental entity and that  the
alcoholic  beverage  had been sold, delivered or given to such person in
reasonable reliance upon such identification. In evaluating the applica-
bility of such  affirmative  defense,  the  authority  shall  take  into
consideration  any  written policy adopted and implemented by the seller
to carry out the provision  of  paragraph  (b)  of  subdivision  two  of
section sixty-five-b of this article.]

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

                                                           LBD14138-11-0

A. 8645--B                          2

  S  2.  Subdivision  6  of section 65 of the alcoholic beverage control
law, as amended by chapter 481 of the laws of 1999, is amended  to  read
as follows:
  6.  In any proceeding pursuant to section one hundred eighteen of this
chapter to revoke, cancel or suspend a license to sell alcoholic  bever-
ages  [at  retail],  in  which  proceeding  it  is alleged that a person
violated subdivision one of this section[,];
  (A) IT SHALL BE AN AFFIRMATIVE DEFENSE THAT SUCH PERSON HAD PRODUCED A
PHOTOGRAPHIC IDENTIFICATION CARD APPARENTLY  ISSUED  BY  A  GOVERNMENTAL
ENTITY AND THAT THE ALCOHOLIC BEVERAGE HAD BEEN SOLD, DELIVERED OR GIVEN
TO SUCH PERSON IN REASONABLE RELIANCE UPON SUCH IDENTIFICATION. IN EVAL-
UATING  THE  APPLICABILITY  OF  SUCH  AFFIRMATIVE DEFENSE, THE AUTHORITY
SHALL TAKE INTO CONSIDERATION ANY WRITTEN POLICY ADOPTED AND IMPLEMENTED
BY THE SELLER TO CARRY OUT THE PROVISIONS OF PARAGRAPH (B)  OF  SUBDIVI-
SION TWO OF SECTION SIXTY-FIVE-B OF THIS ARTICLE; AND
  (B)  it  shall  be  an  affirmative  defense  that at the time of such
violation such person who committed such alleged violation held a  valid
certificate  of  completion or renewal from an entity authorized to give
and administer an alcohol training awareness program pursuant to  subdi-
vision  twelve of section seventeen of this chapter. Such licensee shall
have diligently implemented and complied with all of the  provisions  of
the  approved  training program. In such proceeding to revoke, cancel or
suspend a license pursuant to section one hundred eighteen of this chap-
ter, the licensee must prove each element of such affirmative defense by
a preponderance of the credible evidence.  Evidence  of  three  unlawful
sales  of  alcoholic  beverages by any employee of a licensee to persons
under twenty-one years of age,  within  a  two  year  period,  shall  be
considered  by  the  authority  in  determining whether the licensee had
diligently implemented  such  an  approved  program.  [Such  affirmative
defense  shall  not  preclude the recovery of the penal sum of a bond as
provided in sections one hundred twelve and one hundred eighteen of this
chapter.]
  S 3. Section 65 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 7 to read as follows:
  7.  IN ANY PROCEEDING PURSUANT TO SECTION ONE HUNDRED EIGHTEEN OF THIS
CHAPTER TO REVOKE, CANCEL OR SUSPEND A LICENSE TO SELL ALCOHOLIC  BEVER-
AGES,  IN  WHICH PROCEEDING A CHARGE IS SUSTAINED THAT A PERSON VIOLATED
SUBDIVISION ONE OR TWO OF THIS SECTION AND THE LICENSEE HAS NOT HAD  ANY
ADJUDICATED VIOLATION OF THIS CHAPTER AT THE LICENSED PREMISES WHERE THE
VIOLATION OCCURRED WITHIN THE PREVIOUS FIVE YEAR PERIOD; AND
  (A)  AT  THE  TIME  OF  SUCH  VIOLATION THE PERSON THAT COMMITTED SUCH
VIOLATION HELD A VALID CERTIFICATE OF  COMPLETION  OR  RENEWAL  FROM  AN
ENTITY  AUTHORIZED  TO GIVE AND ADMINISTER AN ALCOHOL TRAINING AWARENESS
PROGRAM PURSUANT TO SUBDIVISION TWELVE  OF  SECTION  SEVENTEEN  OF  THIS
CHAPTER, THE CIVIL PENALTY RELATED TO SUCH OFFENSE SHALL BE RECOVERY OF,
AS PROVIDED FOR IN SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, THE PENAL
SUM  OF  THE  BOND ON FILE DURING THE PERIOD IN WHICH THE VIOLATION TOOK
PLACE; OR
  (B) AT THE TIME OF SUCH VIOLATION THE LICENSEE HAS NOT HAD ANY ADJUDI-
CATED VIOLATIONS OF THIS CHAPTER AT  THE  LICENSED  PREMISES  WHERE  THE
VIOLATION  OCCURRED  WITHIN  THE  PREVIOUS  FIVE  YEAR PERIOD, ANY CIVIL
PENALTY IMPOSED SHALL BE REDUCED BY TWENTY-FIVE PERCENT IF THE  LICENSEE
SUBMITS  WRITTEN  PROOF,  WITHIN  NINETY  DAYS OF THE IMPOSITION OF SUCH
CIVIL PENALTY, THAT ALL OF THE  LICENSEE'S  EMPLOYEES  INVOLVED  IN  THE
DIRECT  SALE  OR  SERVICE  OF  ALCOHOLIC  BEVERAGES TO THE PUBLIC AT THE
LICENSED PREMISES WHERE THE VIOLATION OCCURRED  HAVE  OBTAINED  A  VALID

A. 8645--B                          3

CERTIFICATE  OF  COMPLETION OR RENEWAL FROM AN ENTITY AUTHORIZED TO GIVE
AND ADMINISTER AN ALCOHOL TRAINING AWARENESS PROGRAM PURSUANT TO  SUBDI-
VISION TWELVE OF SECTION SEVENTEEN OF THIS CHAPTER.
  FOR  THE  PURPOSES  OF THIS SUBDIVISION, THE FIVE YEAR PERIOD SHALL BE
MEASURED FROM THE DATES THAT THE VIOLATIONS OCCURRED.
  S 4. The closing paragraph of 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:
  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.   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  5. Section 260.20 of the penal law is amended by adding a new third
undesignated paragraph to read as follows:

A. 8645--B                          4

  IT IS AN AFFIRMATIVE DEFENSE TO A PROSECUTION PURSUANT TO  SUBDIVISION
TWO  OF  THIS  SECTION THAT THE DEFENDANT WHO SOLD, CAUSED TO BE SOLD OR
ATTEMPTED TO SELL SUCH ALCOHOLIC BEVERAGE TO A PERSON LESS THAN  TWENTY-
ONE YEARS OLD, HAD NOT BEEN, AT THE TIME OF SUCH SALE OR ATTEMPTED SALE,
CONVICTED OF A VIOLATION OF THIS SECTION OR SECTION 260.21 OF THIS ARTI-
CLE  WITHIN  THE PRECEDING FIVE YEARS, AND SUCH DEFENDANT, SUBSEQUENT TO
THE COMMENCEMENT OF THE PRESENT PROSECUTION, HAS  COMPLETED  AN  ALCOHOL
TRAINING AWARENESS PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWELVE OF
SECTION  SEVENTEEN  OF  THE  ALCOHOLIC BEVERAGE CONTROL LAW. A DEFENDANT
OTHERWISE QUALIFYING PURSUANT TO THIS PARAGRAPH MAY REQUEST AND SHALL BE
AFFORDED A REASONABLE ADJOURNMENT OF THE PROCEEDINGS TO  ENABLE  HIM  OR
HER TO COMPLETE SUCH ALCOHOL TRAINING AWARENESS PROGRAM.
  S  6.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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Assembly Bill A8645

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 17, 2010 - Floor Vote

Floor Vote: Jun 17, 2010

Bill Amendments

co-Sponsors

multi-Sponsors

2009-A8645 - Details

2009-A8645 - Summary

2009-A8645 - Sponsor Memo

2009-A8645 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A8645A - Details

2009-A8645A - Summary

2009-A8645A - Sponsor Memo

2009-A8645A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A8645B (ACTIVE) - Details

2009-A8645B (ACTIVE) - Summary

2009-A8645B (ACTIVE) - Sponsor Memo

2009-A8645B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A8645

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Sponsored By

PAULIN

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Robin Schimminger

Sandy Galef

Adriano Espaillat

multi-Sponsors

Francine DelMonte

Richard Gottfried

John McEneny

Addie Jenne

2009-A8645 - Details

2009-A8645 - Summary

2009-A8645 - Sponsor Memo

2009-A8645 - Bill Text download pdf

co-Sponsors

Robin Schimminger

Sandy Galef

Adriano Espaillat

multi-Sponsors

Francine DelMonte

Richard Gottfried

John McEneny

Addie Jenne

2009-A8645A - Details

2009-A8645A - Summary

2009-A8645A - Sponsor Memo

2009-A8645A - Bill Text download pdf

co-Sponsors

Robin Schimminger

Sandy Galef

Adriano Espaillat

multi-Sponsors

Francine DelMonte

Richard Gottfried

John McEneny

Addie Jenne

2009-A8645B (ACTIVE) - Details

2009-A8645B (ACTIVE) - Summary

2009-A8645B (ACTIVE) - Sponsor Memo

2009-A8645B (ACTIVE) - Bill Text download pdf

Comments