S T A T E O F N E W Y O R K
________________________________________________________________________
8892
2009-2010 Regular Sessions
I N A S S E M B L Y
June 12, 2009
___________
Introduced by M. of A. ALESSI -- read once and referred to the Committee
on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the alcoholic beverage control law, in relation to the
issuance of permits authorizing institutions of higher education to
deliver or cause to be delivered alcoholic beverages to a person who
is at least twenty-one years of age enrolled in a course or courses
approved by the institution of higher education and conducted by an
instructor or instructors engaged by the institution of higher educa-
tion
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph m of subdivision 1 of section 99-b of the alco-
holic beverage control law, as added by chapter 237 of the laws of 2008,
is amended to read as follows:
m. (1) An institution of higher education operating under authority
granted by the state education department, to deliver or cause to be
delivered alcoholic beverages to a person who is at least twenty-one
years of age [enrolled in a single class or course of classes authorized
by the institution of higher education and conducted] IN CONNECTION WITH
THE TEACHING by an instructor or instructors engaged by the institution
of higher education, OF A SINGLE COURSE CONSISTING OF A SINGLE CLASS OR
ANY AND ALL COURSES HELD DURING THE ACADEMIC CALENDAR YEAR CONSISTING OF
A SINGLE CLASS OR MULTIPLE CLASSES, PROVIDED THAT SUCH PERSON IS
ENROLLED IN THE COURSE, provided that such person's imbibing or tasting
of such alcoholic beverages is a required part of the [class or course
of classes] COURSE, and provided that such person's imbibing or tasting
of such alcoholic beverages is only for instructional purposes. No alco-
holic beverage shall be delivered, or shall be permitted to be deliv-
ered, to a person under twenty-one years of age during any class
conducted under the authority of [such permit, and the] A PERMIT ISSUED
PURSUANT TO THIS PARAGRAPH. THE provisions of subdivision five of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11933-02-9
A. 8892 2
section sixty-five and paragraph (a) of subdivision two of section
sixty-five-c of this chapter, WHICH PERTAIN TO THE DELIVERY OF ALCOHOLIC
BEVERAGES TO PERSONS UNDER THE AGE OF TWENTY-ONE YEARS IN CONNECTION
WITH THE TEACHING OF A FORMAL DEGREE PROGRAM WHOSE CURRICULUM HAS BEEN
LICENSED OR REGISTERED BY THE STATE EDUCATION DEPARTMENT, shall not
apply to any delivery made during any class conducted under the authori-
ty of [such] A permit ISSUED PURSUANT TO THIS PARAGRAPH. NO LESS THAN
THIRTY DAYS ADVANCE NOTICE TO THE LIQUOR AUTHORITY OF THE DATE, TIME AND
PLACE OF EACH AND EVERY CLASS TO BE HELD UNDER THE AUTHORITY OF A PERMIT
ISSUED PURSUANT TO THIS PARAGRAPH SHALL BE PROVIDED BY THE INSTITUTION
OF HIGHER EDUCATION.
(2) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AN INSTITU-
TION OF HIGHER EDUCATION ISSUED A PERMIT PURSUANT TO THIS PARAGRAPH
SHALL BE AUTHORIZED TO PURCHASE ALCOHOLIC BEVERAGES FROM PREMISES
LICENSED PURSUANT TO SECTION SIXTY-THREE OF THIS CHAPTER.
S 2. This act shall take effect immediately.