Senate Bill S8217A

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

                                 8217--A

                            I N  S E N A T E

                              June 16, 2010
                               ___________

Introduced  by  Sen. LAVALLE -- 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

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
section sixty-five and paragraph  (a)  of  subdivision  two  of  section

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

                                                           LBD11933-03-0

S. 8217--A                          2

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.