S T A T E O F N E W Y O R K
________________________________________________________________________
5803--B
2009-2010 Regular Sessions
I N S E N A T E
June 5, 2009
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Mental Health and
Developmental Disabilities in accordance with Senate Rule 6, sec. 8 --
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. 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.
LBD14138-12-0
S. 5803--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
S. 5803--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:
S. 5803--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.
