Senate Bill S1900

2009-2010 Legislative Session

Relates to mandatory license suspensions for repeat violations of the sale of alcoholic beverages to persons under the age of twenty-one

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to mental health and developmental disabilities
Feb 09, 2009	referred to mental health and developmental disabilities

2009-S1900 (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§65 & 118, ABC L; amd §1607, Tax L

2009-S1900 (ACTIVE) - Summary

Relates to mandatory license suspensions for repeat violations of the sale of alcoholic beverages to persons under the age of twenty-one; establishes a system whereby such retail dealers are assigned points for each finding of sale to an underage person with the accumulation of three points resulting in the suspension of the licensee's license for a period of six months; further requires such points to remain on the licensee's record for thirty-six months.

2009-S1900 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1900

 TITLE OF BILL :
An act to amend the alcoholic beverage control law and the tax law, in
relation to mandatory license suspensions for repeat violations of the
sale of alcoholic beverages to persons under the age of twenty-one


 PURPOSE OR GENERAL IDEA OF BILL :
This legislation creates an incentive to have individuals who sell
alcohol trained in alcohol awareness and the laws related to the sale
of alcohol. The legislation would also subject liquor license holders
to suspension or revocation for violations of the alcoholic beverage
control law with respect to unlawful sale to persons under twenty-one
years of age.

 SUMMARY OF SPECIFIC PROVISIONS :
The legislation amends subdivision 6 of section 65 of the alcoholic
beverage control law by mandating the suspension and/or revocation of
a liquor license for violations related to the sale of alcoholic
beverages to persons under the age of twenty-one years.

The legislation amends section 118 of the alcoholic beverage control
law by establishing a system whereby points would be assessed to a
licensee for violations of section 65 of the alcoholic beverage
control law based on whether the licensee or his/her employee had

attended an alcoholic awareness education program. For example, if a
licensee violated section 65 and had attended the education program
he/she would be assessed one point and if they had not attended the
education program they would be assessed two points. A suspension of a
license is based on the accumulation of points.

The legislation also amends section 1607 of the tax law to require the
suspension of the lottery license of anyone having violated section 65
of the alcoholic beverage control law.

 JUSTIFICATION :
The problem of underage drinking is prevalent in New York State.
Existing laws and legislative proposals focus mainly on the underage
purchaser. There is currently no provisions in law to suspend or
revoke a liquor license for violations related to the sale of alcohol
to persons less than twenty-one years of age.

Specifically, this legislation mandates the suspension and revocation
of a license to sell alcoholic beverages at retail issued pursuant to
the ABC Law for the violation of selling, delivering or giving alcohol
to persons under twenty-one years of age. Similar to Chapter 162 of
the Public Health Law relating to prohibiting the sale of tobacco to
minors, the legislation would create a system whereby the holder of a
license issued pursuant to the ABC Law to sell alcoholic beverages at
retail ("licensee"), would be assessed points upon the finding of a
violation of §65 of the ABC Law with respect to the unlawful sale of
an alcoholic beverage to a person under twenty-one years of age.
Section 17, subdivision 12 of the ABC Law already provides for a state
certified alcohol training awareness program. Therefore, the
legislation would provide that one point shall be assessed to the
licensee per violation where an unlawful sale was made by a person who
had received a certificate of completion from a state approved alcohol
training awareness program. Two points would be assessed to the
licensee per violation where the unlawful sale was made by a person
who did not receive such a certificate. The licensee would be required
to affirmatively demonstrate that the person who actually made the
sale held the certificate of completion of a state approved alcohol
training awareness program.


Moreover, the bill would mandate the suspension of a license or permit
to sell alcoholic beverages at retail issued pursuant to the ABC Law
for a period of six months upon the accumulation of three or more
points within a three-year period and would mandate a revocation of
the license to sell alcoholic beverages at retail of a licensee who is
found to have violated §65 of the ABC Law four times within a
three-year period.

Finally, if a licensee to sell alcoholic beverages at retail, also
holds a license to conduct New York State Lottery games pursuant to
Article 16 of the Tax Law, such Lottery license would be suspended
upon the accumulation by the licensee of three or more points. The
Lottery license would also be revoked in cases where the licensee is
found to have violated §65 of the ABC Law four times within a
three-year period.

 PRIOR LEGISLATIVE HISTORY :
A.8626 of 2003 (Rules- Tocci) Held in Economic Development
2008 - S5331 - Referred to Mental Health & Developmental Disabilities

 FISCAL IMPLICATIONS :
None.

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

2009-S1900 (ACTIVE) - Bill Text download pdf

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

                                  1900

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the alcoholic beverage control law and the tax  law,  in
  relation to mandatory license suspensions for repeat violations of the
  sale of alcoholic beverages to persons under the age of twenty-one

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

  Section 1. 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, 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  subdivision  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  chapter,  the licensee must prove each
element of such affirmative defense by a preponderance of  the  credible
evidence.  Evidence of [three] TWO 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 deter-
mining  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.   NOTWITHSTANDING THE FOREGOING THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05268-01-9

S. 1900                             2

AUTHORITY SHALL SUSPEND FOR SIX MONTHS THE LICENSE OF ANY  LICENSEE  WHO
HAS  ACCUMULATED  THREE  OR  MORE POINTS PURSUANT TO SECTION ONE HUNDRED
EIGHTEEN OF THIS CHAPTER AND SHALL REVOKE THE LICENSE  OF  ANY  LICENSEE
WHO  HAS  VIOLATED  SUBDIVISION  ONE  OF THIS SECTION FOUR OR MORE TIMES
WITHIN A THREE YEAR PERIOD.
  S 2. Subdivision 1 of section 118 of the  alcoholic  beverage  control
law is amended by adding a new paragraph (c) to read as follows:
  (C)  FOUR  OR MORE VIOLATIONS OF SUBDIVISION ONE OF SECTION SIXTY-FIVE
OF THIS CHAPTER WITH RESPECT TO THE SALE, DELIVERY OR GIVING OF ALCOHOL-
IC BEVERAGES TO A PERSON UNDER TWENTY-ONE YEARS OF AGE  WITHIN  A  THREE
YEAR PERIOD.
  S  3.  Section 118 of the alcoholic beverage control law is amended by
adding a new subdivision 4 to read as follows:
  4. (A) IF THE ADMINISTRATIVE LAW  JUDGE  DETERMINES  AFTER  A  HEARING
CONDUCTED PURSUANT TO SECTION ONE HUNDRED NINETEEN OF THIS CHAPTER, THAT
THE  LICENSEE  VIOLATED  SUBDIVISION  ONE  OF SECTION SIXTY-FIVE OF THIS
CHAPTER WITH RESPECT TO PROHIBITED SALE, DELIVERY OR GIVING  OF  ALCOHOL
TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, HE OR SHE, SHALL, IN ADDITION
TO  IMPOSING  ANY  OTHER  PENALTY REQUIRED OR PERMITTED PURSUANT TO THIS
CHAPTER, ASSIGN TWO POINTS TO THE LICENSEE'S RECORD WHERE THE INDIVIDUAL
WHO COMMITTED THE VIOLATION DID NOT HOLD  A  CERTIFICATE  OF  COMPLETION
FROM  AN  ALCOHOL  TRAINING  AWARENESS  PROGRAM  ESTABLISHED PURSUANT TO
SUBDIVISION TWELVE OF SECTION SEVENTEEN OF THIS CHAPTER  AND  ONE  POINT
WHERE  THE  LICENSEE  DEMONSTRATES  THAT  THE  PERSON  WHO COMMITTED THE
VIOLATION HELD A CERTIFICATE OF  COMPLETION  FROM  AN  ALCOHOL  TRAINING
AWARENESS  PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWELVE OF SECTION
SEVENTEEN OF THIS CHAPTER.
  (B) IF A LICENSEE ACCUMULATES THREE OR MORE POINTS  PURSUANT  TO  THIS
SECTION, THE ADMINISTRATIVE LAW JUDGE SHALL, IN ADDITION TO IMPOSING ANY
OTHER  PENALTY  REQUIRED  OR  PERMITTED UNDER THIS CHAPTER, SUSPEND SUCH
LICENSE OR PERMIT FOR A PERIOD OF SIX MONTHS. THE THREE  POINTS  SERVING
AS  A  BASIS FOR A SUSPENSION SHALL BE ERASED UPON THE COMPLETION OF THE
SIX MONTH PENALTY. IF, DURING THE PERIOD OF SUSPENSION OF  A  LICENSE  A
LICENSEE  CONTINUES  TO  OPERATE  PURSUANT TO THE SUSPENDED LICENSE SUCH
VIOLATION SHALL RESULT IN THE REVOCATION OF SAID LICENSE OR PERMIT.
  (C) POINTS ASSIGNED TO A LICENSEE'S RECORD SHALL  BE  ASSESSED  FOR  A
PERIOD  OF  THIRTY-SIX  MONTHS  BEGINNING  ON THE FIRST DAY OF THE MONTH
FOLLOWING THE ASSIGNMENT OF POINTS.
  S 4. Section 1607 of the tax law is amended by adding a  new  subdivi-
sion i to read as follows:
  I.  A  VIOLATION OF SUBDIVISION ONE OF SECTION SIXTY-FIVE OF THE ALCO-
HOLIC BEVERAGE CONTROL LAW AS PROVIDED IN THIS SUBDIVISION:
  1. A LICENSE SHALL BE SUSPENDED  FOR  A  PERIOD  OF  SIX  MONTHS  UPON
NOTIFICATION TO THE DIVISION BY THE CHAIRMAN OF THE STATE LIQUOR AUTHOR-
ITY  OR  HIS  OR HER DESIGNEE OF A LOTTERY SALES AGENT'S ACCUMULATION OF
THREE OR MORE POINTS PURSUANT TO SUBDIVISION FOUR OF SECTION ONE HUNDRED
EIGHTEEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
  2. A LICENSE SHALL BE REVOKED FOR ONE YEAR UPON  NOTIFICATION  TO  THE
DIVISION  BY  THE  CHAIRMAN  OF THE STATE LIQUOR AUTHORITY OR HIS OR HER
DESIGNEE OF A LOTTERY SALES AGENT'S FOURTH VIOLATION OF SUBDIVISION  ONE
OF  SECTION  SIXTY-FIVE  OF  THE ALCOHOLIC BEVERAGE CONTROL LAW WITHIN A
THREE YEAR PERIOD.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become law.

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Senate Bill S1900

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Actions

2009-S1900 (ACTIVE) - Details

2009-S1900 (ACTIVE) - Summary

2009-S1900 (ACTIVE) - Sponsor Memo

2009-S1900 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Actions

2009-S1900 (ACTIVE) - Details

2009-S1900 (ACTIVE) - Summary

2009-S1900 (ACTIVE) - Sponsor Memo

2009-S1900 (ACTIVE) - Bill Text download pdf

Comments