S T A T E O F N E W Y O R K
________________________________________________________________________
4303--C
2011-2012 Regular Sessions
I N S E N A T E
March 28, 2011
___________
Introduced by Sens. MARCELLINO, GRIFFO, JOHNSON, PERKINS, RANZENHOFER --
(at request of the State Liquor Authority) -- read twice and ordered
printed, and when printed to be committed to the Committee on Investi-
gations and Government Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- reported favorably from said committee and committed to the
Committee on Finance -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Investigations and Government Operations in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the alcoholic beverage control law, in relation to the
powers of the chairman and members of the authority; and providing for
the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 15 of the alcoholic beverage control law, as
amended by chapter 83 of the laws of 1995, the second undesignated para-
graph as amended by section 1 of part F of chapter 411 of the laws of
1999, is amended to read as follows:
S 15. Officers; employees; offices. [The authority shall have power to
appoint any necessary deputies, counsels, assistants, investigators, and
other employees within the limits provided by appropriation.] Investi-
gators [so] employed by the [Authority] AUTHORITY shall be deemed to be
peace officers for the purpose of enforcing the provisions of [the alco-
holic beverage control law] THIS CHAPTER or judgements or orders
obtained for violation thereof, with all the powers set forth in section
2.20 of the criminal procedure law. The counsel, secretary, chief execu-
tive officer, assistant chief executive officers, confidential secre-
taries to commissioners and deputies shall be in the exempt class of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09735-08-2
S. 4303--C 2
civil service. The other assistants, investigators and employees of the
authority shall all be in the competitive class of the civil service.
The authority shall continue to have its principal office in the city of
Albany, and may maintain a branch office in the cities of New York and
Buffalo and such other places as [it] THE CHAIRMAN may deem necessary.
[The authority shall establish appropriate procedures to insure that
hearing officers are shielded from ex parte communications with alleged
violators and their attorneys and from other employees of the authority
and shall take such other steps as it shall deem necessary and proper to
shield its judicial processes from unwarranted and inappropriate commu-
nications and attempts to influence.]
S 2. Section 17 of the alcoholic beverage control law, as amended by
chapter 83 of the laws of 1995, subdivision 3 as separately amended by
section 1 of part L of chapter 62 and chapter 522 of the laws of 2003,
subdivision 8-a as added by chapter 383 of the laws of 1998, subdivision
8-b as added by chapter 396 of the laws of 2010, subdivision 12 as
amended by chapter 549 of the laws of 2001, the closing paragraph of
subdivision 12 as amended by chapter 435 of the laws of 2010, subdivi-
sion 13 as added by chapter 403 of the laws of 1999, paragraphs (f) and
(g) as amended and paragraph (h) of subdivision 13 as added by chapter
210 of the laws of 2005, and subdivision 14 as added by section 1 of
part WW of chapter 56 of the laws of 2009, is amended to read as
follows:
S 17. Powers of the authority. The authority shall have the following
functions, powers and duties: 1. To issue or refuse to issue any license
or permit provided for in this chapter.
2. To limit in its discretion the number of licenses of each class to
be issued within the state or any political subdivision thereof, and in
connection therewith to prohibit the acceptance of applications for such
class or classes of licenses which have been so limited.
3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall not exceed the sum of ten thousand
dollars as against the holder of any retail permit issued pursuant to
sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d and
paragraph f of subdivision one of section ninety-nine-b of this chapter
and as against the holder of any retail license issued pursuant to
sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, seventy-nine, eighty-one and eighty-one-a of this chapter,
and the sum of thirty thousand dollars as against the holder of a
license issued pursuant to sections fifty-three, seventy-six, seventy-
six-a, [seventy-six-f,] and seventy-eight of this chapter, provided that
the civil penalty against the holder of a wholesale license issued
pursuant to section fifty-three of this chapter shall not exceed the sum
of ten thousand dollars where that licensee violates provisions of this
chapter during the course of the sale of beer at retail to a person for
consumption at home, and the sum of one hundred thousand dollars as
against the holder of any license issued pursuant to sections fifty-one,
sixty-one and sixty-two of this chapter. Any civil penalty so imposed
shall be in addition to and separate and apart from the terms and
provisions of the bond required pursuant to section one hundred twelve
of this chapter. Provided that no appeal is pending on the imposition of
such civil penalty, in the event such civil penalty imposed by the divi-
sion remains unpaid, in whole or in part, more than forty-five days
S. 4303--C 3
after written demand for payment has been sent by first class mail to
the address of the licensed premises, a notice of impending default
judgment shall be sent by first class mail to the licensed premises and
by first class mail to the last known home address of the person who
signed the most recent license application. The notice of impending
default judgment shall advise the licensee: (a) that a civil penalty was
imposed on the licensee; (b) the date the penalty was imposed; (c) the
amount of the civil penalty; (d) the amount of the civil penalty that
remains unpaid as of the date of the notice; (e) the violations for
which the civil penalty was imposed; and (f) that a judgment by default
will be entered in the supreme court of the county in which the licensed
premises are located, or other court of civil jurisdiction or any other
place provided for the entry of civil judgments within the state of New
York unless the division receives full payment of all civil penalties
due within twenty days of the date of the notice of impending default
judgment. If full payment shall not have been received by the division
within thirty days of mailing of the notice of impending default judg-
ment, the division shall proceed to enter with such court a statement of
the default judgment containing the amount of the penalty or penalties
remaining due and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall have the
full force and effect of a default judgment duly docketed with such
court pursuant to the civil practice law and rules and shall in all
respects be governed by that chapter and may be enforced in the same
manner and with the same effect as that provided by law in respect to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
4. [To remove any employee of the authority for cause, after giving
such employee a copy of the charges against him in writing, and an
opportunity to be heard thereon. Any action taken under this subdivision
shall be subject to and in accordance with the civil service law.
5.] To fix by rule the standards of manufacture and fermentation in
order to insure the use of proper ingredients and methods in the manu-
facture of alcoholic beverages to be sold or consumed in the state.
[6.] 5. To hold hearings, subpoena witnesses, compel their attendance,
administer oaths, to examine any person under oath and in connection
therewith to require the production of any books or papers relative to
the inquiry. A subpoena issued under this section shall be regulated by
the civil practice law and rules.
[7.] 6. To prohibit, at any time of public emergency, without previous
notice or advertisement, the sale of any or all alcoholic beverages for
and during the period of such emergency.
[8. To make an annual report to the governor and the legislature of
its activities for the preceding year.
8-a. On and after January first, two thousand the report provided for
in subdivision eight of this section shall include an evaluation of the
effectiveness of the prohibition on the sale of alcohol to persons under
the age of twenty-one as provided in section sixty-five-b of this chap-
ter with particular emphasis on the provisions of subdivisions one, two,
three, four and five of section sixty-five-b, subdivision five of
section one hundred nineteen and subdivision six of section sixty-five
of this chapter, paragraph (b) of subdivision seven of section 170.55 of
the criminal procedure law and subdivision (f) of section 19.07 of the
mental hygiene law.
S. 4303--C 4
8-b. On and after January first, two thousand eleven, the report
provided for in subdivision eight of this section shall include informa-
tion related to the number of licenses applied for and the length of
time required for the approval or denial of such retail license applied
for pursuant to subdivision two-c of section sixty-one, section sixty-
four, section seventy-six, section seventy-six-a, section seventy-six-c,
section seventy-six-d, and section seventy-six-f of this chapter.
9. The] 7. TO DELEGATE THE powers provided in this section [may be
delegated by the authority] to the chairman, or to such other officers
or employees as may be designated by the chairman.
[10.] 8. To appoint such advisory groups and committees as it deems
necessary to provide assistance to the authority to carry out the
purposes and objectives of this chapter.
[11.] 9. Upon receipt of a resolution adopted by a board of supervi-
sors or a county legislative body requesting further restriction of
hours of sale of alcoholic beverages within such county, and upon notice
and hearing within such county, to approve or disapprove such hours
within such county.
[12. To develop and establish minimum criteria for alcohol training
awareness programs which may be given and administered by schools; other
entities including trade associations whose members are engaged in or
involved in the retail sale of alcoholic beverages; national and
regional franchisors who have granted at least five franchises in the
state which are licensed to sell beer at retail for off-premises
consumption; licensees authorized to sell alcoholic beverages at retail
for off-premises consumption operating five or more licensed premises;
and persons interested, whether as an individual proprietor or partner
or officer or member of a limited liability company, in five or more
licensees authorized to sell alcoholic beverages at retail for off-prem-
ises consumption. The authority shall provide for the issuance of
certificates of approval to all certified alcohol training awareness
programs. Certificates of approval may be revoked by the authority for
failure to adhere to the authority's rules and regulations. Such rules
and regulations shall afford those who have been issued a certificate of
approval an opportunity for a hearing prior to any determination of
whether such certificate should be revoked.
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
S. 4303--C 5
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.
13. To study and report to the governor and the legislature bi-ennial-
ly on or before February first of each year concerning:
(a) recommendations to reduce the number and type of licenses, and to
establish a uniform, statewide schedule of fees, such recommendations to
include the development of a master application form for all licenses,
with specific exhibits required for specific licenses, as appropriate,
as well as recommendations on a non-refundable application fee set at a
level which will cover the cost of the review and which would be applied
against the first year license fee if the application is granted;
(b) recommendations to simplify license renewal procedures;
(c) recommendations to streamline the processing of applications and
to eliminate duplication of reviews, such recommendations to include
uniform standards for application review and decision which shall seek
to assure that the review is as objective as possible and to narrow the
discretion of the authority or of any reviewer employed by the authori-
ty;
(d) the extent to which quality of life issues, such as noise level,
vehicular traffic and parking are considered in licensing decisions,
particularly as such issues pertain to proceedings pursuant to subdivi-
sion seven of section sixty-four of this chapter;
(e) recommendations to improve enforcement methodologies in order to
protect the health and safety of residents of communities experiencing
persistent problems in the operation of retail establishments;
(f) recommendations concerning the addition of field enforcement
personnel and the ratios of such field enforcement personnel to the
total numbers of licensees that in the view of the authority would be
appropriate to insure compliance with the law. Such study shall provide
a detailed analysis of the costs and projected revenues to be obtained
from the addition of such field enforcement personnel;
S. 4303--C 6
(g) such other observations and recommendations concerning the activ-
ities of the authority as will improve its effectiveness and efficiency
including the utilization of on-line services to provide information on
a fee-for-service basis; and
(h) provide information concerning the name, total quantity and total
price of wine purchased from New York state and out-of-state wineries
and farm wineries, and such other information on and recommendations
concerning interstate wine shipment.
14. For state fiscal year two thousand nine--two thousand ten, the
authority shall, within amounts appropriated therefore, improve and
update their information technology in order to meet federal security
requirements and to assist in the processing of license and/or permit
applications and renewals.]
S 3. Section 18 of the alcoholic beverage control law, as added by
chapter 83 of the laws of 1995, is amended to read as follows:
S 18. Powers and duties of the chairman. The chairman shall have the
following functions, powers and duties:
1. To exercise the powers and perform the duties in relation to the
administration of the division of alcoholic beverage control as are not
specifically vested by this chapter in the state liquor authority,
INCLUDING BUT NOT LIMITED TO BUDGETARY AND FISCAL MATTERS.
2. To preside at all meetings of the authority and perform the admin-
istrative functions of the authority.
3. TO APPOINT ANY NECESSARY DEPUTIES, COUNSELS, ASSISTANTS, INVESTI-
GATORS, AND OTHER EMPLOYEES WITHIN THE LIMITS PROVIDED BY APPROPRIATION.
4. TO REMOVE ANY EMPLOYEE OF THE AUTHORITY FOR CAUSE, AFTER GIVING
SUCH EMPLOYEE A COPY OF THE CHARGES AGAINST HIM OR HER IN WRITING, AND
AN OPPORTUNITY TO BE HEARD THEREON. ANY ACTION TAKEN UNDER THIS SUBDIVI-
SION SHALL BE SUBJECT TO AND IN ACCORDANCE WITH THE CIVIL SERVICE LAW.
5. To keep records in such form as he OR SHE may prescribe of all
licenses and permits issued and revoked within the state; such records
shall be so kept as to provide ready information as to the identity of
all licensees including the names of the officers and directors of
corporate licensees and the location of all licensed premises. The
chairman may, with the approval of the commissioner of taxation and
finance, contract to furnish copies of the records of licenses and
permits of each class and type issued within the state or any political
subdivision thereof, for any license or permit year or term of years not
exceeding five years.
[4.] 6. To inspect or provide for the inspection of any premises where
alcoholic beverages are manufactured or sold.
[5.] 7. To prescribe forms of applications for licenses and permits
under this chapter and of all reports deemed necessary by the authority.
[6.] 8. To delegate to the officers and employees of the [division]
AUTHORITY such of his OR HER powers and duties as he OR SHE may deter-
mine.
9. TO ESTABLISH APPROPRIATE PROCEDURES TO INSURE THAT HEARING OFFICERS
ARE SHIELDED FROM EX PARTE COMMUNICATIONS WITH ALLEGED VIOLATORS AND
THEIR ATTORNEYS AND FROM OTHER EMPLOYEES OF THE AUTHORITY AND SHALL TAKE
SUCH OTHER STEPS AS IT SHALL DEEM NECESSARY AND PROPER TO SHIELD ITS
JUDICIAL PROCESSES FROM UNWARRANTED AND INAPPROPRIATE COMMUNICATIONS AND
ATTEMPTS TO INFLUENCE.
10. TO DEVELOP AND ESTABLISH MINIMUM CRITERIA FOR ALCOHOL TRAINING
AWARENESS PROGRAMS WHICH MAY BE GIVEN AND ADMINISTERED BY SCHOOLS; OTHER
ENTITIES INCLUDING TRADE ASSOCIATIONS WHOSE MEMBERS ARE ENGAGED IN OR
INVOLVED IN THE RETAIL SALE OF ALCOHOLIC BEVERAGES; NATIONAL AND
S. 4303--C 7
REGIONAL FRANCHISORS WHO HAVE GRANTED AT LEAST FIVE FRANCHISES IN THE
STATE WHICH ARE LICENSED TO SELL BEER AT RETAIL FOR OFF-PREMISES
CONSUMPTION; LICENSEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL
FOR OFF-PREMISES CONSUMPTION OPERATING FIVE OR MORE LICENSED PREMISES;
AND PERSONS INTERESTED, WHETHER AS AN INDIVIDUAL PROPRIETOR OR PARTNER
OR OFFICER OR MEMBER OF A LIMITED LIABILITY COMPANY, IN FIVE OR MORE
LICENSEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR OFF-PREM-
ISES CONSUMPTION. THE AUTHORITY SHALL PROVIDE FOR THE ISSUANCE OF
CERTIFICATES OF APPROVAL TO ALL CERTIFIED ALCOHOL TRAINING AWARENESS
PROGRAMS. CERTIFICATES OF APPROVAL MAY BE REVOKED BY THE AUTHORITY FOR
FAILURE TO ADHERE TO THE AUTHORITY'S RULES AND REGULATIONS. SUCH RULES
AND REGULATIONS SHALL AFFORD THOSE WHO HAVE BEEN ISSUED A CERTIFICATE OF
APPROVAL AN OPPORTUNITY FOR A HEARING PRIOR TO ANY DETERMINATION OF
WHETHER SUCH CERTIFICATE SHOULD BE REVOKED.
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
S. 4303--C 8
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.
11. TO MAKE AN ANNUAL REPORT TO THE GOVERNOR AND THE LEGISLATURE OF
ITS ACTIVITIES FOR THE PRECEDING YEAR.
12. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, THE REPORT
PROVIDED FOR IN SUBDIVISION ELEVEN OF THIS SECTION SHALL INCLUDE AN
EVALUATION OF THE EFFECTIVENESS OF THE PROHIBITION ON THE SALE OF ALCO-
HOL TO PERSONS UNDER THE AGE OF TWENTY-ONE AS PROVIDED IN SECTION
SIXTY-FIVE-B OF THIS CHAPTER WITH PARTICULAR EMPHASIS ON THE PROVISIONS
OF SUBDIVISIONS ONE, TWO, THREE, FOUR AND FIVE OF SECTION SIXTY-FIVE-B,
SUBDIVISION FIVE OF SECTION ONE HUNDRED NINETEEN AND SUBDIVISION SIX OF
SECTION SIXTY-FIVE OF THIS CHAPTER, PARAGRAPH (B) OF SUBDIVISION SEVEN
OF SECTION 170.55 OF THE CRIMINAL PROCEDURE LAW AND SUBDIVISION (F) OF
SECTION 19.07 OF THE MENTAL HYGIENE LAW.
13. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, THE REPORT
PROVIDED FOR IN SUBDIVISION ELEVEN OF THIS SECTION SHALL INCLUDE INFOR-
MATION RELATED TO THE NUMBER OF LICENSES APPLIED FOR AND THE LENGTH OF
TIME REQUIRED FOR THE APPROVAL OR DENIAL OF SUCH RETAIL LICENSE APPLIED
FOR PURSUANT TO SUBDIVISION TWO-C OF SECTION SIXTY-ONE, SECTION
SIXTY-FOUR, SECTION SEVENTY-SIX, SECTION SEVENTY-SIX-A, SECTION SEVEN-
TY-SIX-C, AND SECTION SEVENTY-SIX-D OF THIS CHAPTER.
14. TO STUDY AND REPORT TO THE GOVERNOR AND THE LEGISLATURE BIENNIALLY
ON OR BEFORE FEBRUARY FIRST OF EACH YEAR CONCERNING:
(A) RECOMMENDATIONS TO REDUCE THE NUMBER AND TYPE OF LICENSES, AND TO
ESTABLISH A UNIFORM, STATEWIDE SCHEDULE OF FEES, SUCH RECOMMENDATIONS TO
INCLUDE THE DEVELOPMENT OF A MASTER APPLICATION FORM FOR ALL LICENSES,
WITH SPECIFIC EXHIBITS REQUIRED FOR SPECIFIC LICENSES, AS APPROPRIATE,
AS WELL AS RECOMMENDATIONS ON A NON-REFUNDABLE APPLICATION FEE SET AT A
LEVEL WHICH WILL COVER THE COST OF THE REVIEW AND WHICH WOULD BE APPLIED
AGAINST THE FIRST YEAR LICENSE FEE IF THE APPLICATION IS GRANTED;
(B) RECOMMENDATIONS TO SIMPLIFY LICENSE RENEWAL PROCEDURES;
(C) RECOMMENDATIONS TO STREAMLINE THE PROCESSING OF APPLICATIONS AND
TO ELIMINATE DUPLICATION OF REVIEWS, SUCH RECOMMENDATIONS TO INCLUDE
UNIFORM STANDARDS FOR APPLICATION REVIEW AND DECISION WHICH SHALL SEEK
TO ASSURE THAT THE REVIEW IS AS OBJECTIVE AS POSSIBLE AND TO NARROW THE
DISCRETION OF THE AUTHORITY OR OF ANY REVIEWER EMPLOYED BY THE AUTHORI-
TY;
(D) THE EXTENT TO WHICH QUALITY OF LIFE ISSUES, SUCH AS NOISE LEVEL,
VEHICULAR TRAFFIC AND PARKING ARE CONSIDERED IN LICENSING DECISIONS,
PARTICULARLY AS SUCH ISSUES PERTAIN TO PROCEEDINGS PURSUANT TO SUBDIVI-
SION SEVEN OF SECTION SIXTY-FOUR OF THIS CHAPTER;
(E) RECOMMENDATIONS TO IMPROVE ENFORCEMENT METHODOLOGIES IN ORDER TO
PROTECT THE HEALTH AND SAFETY OF RESIDENTS OF COMMUNITIES EXPERIENCING
PERSISTENT PROBLEMS IN THE OPERATION OF RETAIL ESTABLISHMENTS;
(F) RECOMMENDATIONS CONCERNING THE ADDITION OF FIELD ENFORCEMENT
PERSONNEL AND THE RATIOS OF SUCH FIELD ENFORCEMENT PERSONNEL TO THE
TOTAL NUMBERS OF LICENSEES THAT IN THE VIEW OF THE AUTHORITY WOULD BE
APPROPRIATE TO INSURE COMPLIANCE WITH THE LAW. SUCH STUDY SHALL PROVIDE
A DETAILED ANALYSIS OF THE COSTS AND PROJECTED REVENUES TO BE OBTAINED
FROM THE ADDITION OF SUCH FIELD ENFORCEMENT PERSONNEL;
(G) SUCH OTHER OBSERVATIONS AND RECOMMENDATIONS CONCERNING THE ACTIV-
ITIES OF THE AUTHORITY AS WILL IMPROVE ITS EFFECTIVENESS AND EFFICIENCY
INCLUDING THE UTILIZATION OF ON-LINE SERVICES TO PROVIDE INFORMATION ON
A FEE-FOR-SERVICE BASIS; AND
S. 4303--C 9
(H) PROVIDE INFORMATION CONCERNING THE NAME, TOTAL QUANTITY AND TOTAL
PRICE OF WINE PURCHASED FROM NEW YORK STATE AND OUT-OF-STATE WINERIES
AND FARM WINERIES, AND SUCH OTHER INFORMATION ON AND RECOMMENDATIONS
CONCERNING INTERSTATE WINE SHIPMENT.
15. FOR STATE FISCAL YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN,
THE AUTHORITY SHALL, WITHIN AMOUNTS APPROPRIATED THEREFOR, IMPROVE AND
UPDATE THEIR INFORMATION TECHNOLOGY IN ORDER TO MEET FEDERAL SECURITY
REQUIREMENTS AND TO ASSIST IN THE PROCESSING OF LICENSE AND/OR PERMIT
APPLICATIONS AND RENEWALS.
S 4. This act shall take effect immediately and shall expire and be
deemed repealed three years after such date.
