NY State Senate Bill 2015-S1623

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to investigations and government operations
Jan 13, 2015	referred to investigations and government operations

2015-S1623 (ACTIVE) - Details

See Assembly Version of this Bill:: A2307
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §3, add §§55-d, 58-d, 63-b, 80-a & 99-h, ABC L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A10113
2017-2018: A137
2019-2020: A126
2021-2022: A1440

2015-S1623 (ACTIVE) - Summary

Enacts the responsible alcohol education act; establishes on-premise liquor licenses for certified educators of alcoholic beverage instructional courses and special permits for registered lecturers to conduct these courses.

2015-S1623 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1623

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to establishing on-premise liquor licenses for certified
educators of alcoholic beverage instructional courses, establishing
special permits for registered lecturers to conduct these courses, and
establishing the "responsible alcohol education act"

PURPOSE:

The purpose of this bill is to allow the State Liquor Authority to
issue on-premise liquor licenses to Certified Educators of alcoholic
beverages, as well as special permits to Registered Lecturers to
conduct these classes.

SUMMARY OF PROVISIONS:

This legislation would allow the State Liquor Authority to grant
on-premise liquor licenses to "Certified Educators" in order to hold
alcohol appreciation/education/tasting seminars and classes.
"Registered Lecturers" retained by the Certified Educator may be
granted a special permit by the Authority in order to conduct and
oversee such classes subject to the control of the Certified Educator.
Amends provisions of alcoholic beverage control law relating to
definitions, licenses for beer, cider, liquor, and wine, and special
permits.

JUSTIFICATION:

This bill would allow expert alcohol beverage educators and their
staff to conduct alcoholic beverage seminars (with a tasting
component) for a fee at designated locations with the approval of the
State Liquor Authority. Currently, alcohol education/tasting classes
are being forced to close because they do not have on-premise liquor
licenses for alcohol consumption. This bill would allow these types of
classes to continue in order to educate individuals on alcohol
appreciation, thus leading to more informed consumers who will
hopefully choose to support their local wine, beer, and spirits
stores.

LEGISLATIVE HISTORY:

2013-2014: A. 10113 Economic Development

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This bill shall take effect on the one hundred twentieth day after it
shall have become a law

2015-S1623 (ACTIVE) - Bill Text download pdf

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

                                  1623

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  establishing on-premise liquor licenses  for  certified  educators  of
  alcoholic beverage instructional courses, establishing special permits
  for  registered  lecturers  to conduct these courses, and establishing
  the "responsible alcohol education act"

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

  Section  1. This act shall be known and may be cited as the "responsi-
ble alcohol education act."
  S 2. Section 3 of the alcoholic beverage control  law  is  amended  by
adding a new subdivision 7-aa to read as follows:
  7-AA.  "CERTIFIED EDUCATOR" MEANS ANY PERSONS OR COMPANY OWNED AND RUN
BY PERSONS WHO HAVE APPROPRIATE CREDENTIALING  AND  WHO  ENGAGE  IN  THE
SPECIFIC  BUSINESS  OF  CREATING,  SELLING,  AND EXECUTING INSTRUCTIONAL
COURSES IN THE CONSUMPTION AND APPRECIATION OF WINE, BEER, AND  SPIRITS.
CERTIFIED  EDUCATORS  MUST POSSESS CERTIFICATION THAT IS SATISFACTORY TO
THE STATE LIQUOR AUTHORITY ("AUTHORITY"), INCLUDING, BUT NOT LIMITED  TO
THE  FOLLOWING:  (A)  A  CERTIFIED  SPECIALIST OF WINE OR CERTIFIED WINE
EDUCATOR STATUS AS CONFERRED BY THE SOCIETY OF  WINE  EDUCATORS;  (B)  A
WINE  AND  SPIRITS  EDUCATION  TRUST  DIPLOMA; (C) STATUS AS A CERTIFIED
SOMMELIER; (D) THE COMPLETION OF A WINE INDUSTRY PROGRAM AT A  TECHNICAL
COLLEGE  OR  CULINARY  SCHOOL;  (E)  CERTIFICATION  AS  A  CICERONE; (F)
COMPLETION OF COURSEWORK FROM THE  MASTER  BREWERS  ASSOCIATION  OF  THE
AMERICAS;  (G)  OR  ANY  OTHER  CERTIFICATION  PROGRAM ACCEPTABLE TO THE
AUTHORITY. CERTIFIED EDUCATORS MUST ALSO COMPLETE  TRAINING  FOR  INTER-
VENTION  PROCEDURES  (TIPS) OR OTHER CERTIFIED ALCOHOL TRAINING PROGRAMS
AND HAVE A VALID CERTIFICATE ON FILE  WITH  THE  AUTHORITY.    CERTIFIED
EDUCATORS  MAY  INDIVIDUALLY PERFORM INSTRUCTIONAL COURSES OR BE ALLOWED
TO RETAIN REGISTERED LECTURERS TO SERVE AS THE ON-SITE  SUPERVISORS  AND
TEACHERS OF EACH CLASS AND TO OVERSEE THE POURING OF BEVERAGES BY VOLUN-
TEERS WORKING UNDER THEIR DIRECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06404-01-5

S. 1623                             2

  S  3.  Section  3  of the alcoholic beverage control law is amended by
adding a new subdivision 24-a to read as follows:
  24-A.  "REGISTERED  LECTURER"  MEANS  ANY PERSON WHO POSSESSES CERTIF-
ICATION THAT IS SATISFACTORY TO THE AUTHORITY AND WHO IS RETAINED  BY  A
CERTIFIED  EDUCATOR  FOR THE PURPOSE OF ON-SITE SUPERVISION AND INSTRUC-
TION OF EACH CLASS, AS WELL AS  TO  OVERSEE  THE  POURING  OF  ALCOHOLIC
BEVERAGES BY VOLUNTEERS WORKING UNDER THEIR DIRECTION.
  S  4.  The  alcoholic  beverage control law is amended by adding a new
section 55-d to read as follows:
  S 55-D. CERTIFIED EDUCATOR'S  LICENSES.  THE  AUTHORITY  MAY  ISSUE  A
"CERTIFIED  EDUCATOR  LICENSE"  TO  A PERSON OR COMPANY OWNED AND RUN BY
PERSONS WHO MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION  SEVEN-AA  OF
SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
PER  LICENSE  TO  A CERTIFIED EDUCATOR OF ALCOHOLIC BEVERAGES, UNDER THE
FOLLOWING CONDITIONS:
  1. LICENSES SHALL BE LIMITED TO A  PERMANENT  LOCATION  WHERE  CLASSES
WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
THE CHANGE TO THE COURSE'S LOCATION;
  2.  THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC BEVERAGES
FROM DOMESTIC WHOLESALERS, WITH THE DECISIONS TO BE MADE  BASED  ON  THE
JUDGMENT OF THE CERTIFIED EDUCATOR;
  3.  THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL DATE
OF ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE  AUTHORITY
NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
  4.  THE  LICENSE  MAY  BE USED TO SERVE ALCOHOLIC BEVERAGES FOR EDUCA-
TIONAL PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF  TWENTY-ONE
IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
  5.  ALL  EVENTS  CONDUCTED  PURSUANT TO THIS LICENSE MUST BE CONDUCTED
THROUGH ADVANCE REGISTRATION, AND  NO  WALK-IN  ACCESS  TO  THE  GENERAL
PUBLIC IS PERMITTED;
  6.  ALL  PERSONS  RETAINED  BY  A  CERTIFIED EDUCATOR TO ENGAGE IN THE
INSTRUCTION AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL  PERMITS,
AS  SPECIFIED  IN SECTION NINETY-NINE-H OF THIS CHAPTER, THAT ARE ISSUED
BY THE AUTHORITY FOR  THE  PURPOSE  OF  SUPERVISING  CLASSES,  PROVIDING
EDUCATIONAL  INSTRUCTION  ON ALCOHOLIC BEVERAGES, OVERSEEING THE POURING
OF BEVERAGES BY VOLUNTEERS, AND CARRYING ON  THE  ACTIVITIES  ASSOCIATED
WITH ALCOHOLIC BEVERAGE EDUCATION;
  7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
  8. EXCEPT AS PROVIDED FOR IN THIS  SECTION,  CERTIFIED  EDUCATORS  MAY
HOLD  CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A LIQUOR
LICENSE, SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC  ZONING
LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
TOR AND APPROVAL BY THE AUTHORITY;
  9.  CLASSES  SHALL  NOT  BE  CONDUCTED DURING BUSINESS HOURS AT RETAIL
BUSINESSES THAT DO NOT HAVE  A  LIQUOR  LICENSE  NOR  SHALL  CLASSES  BE
CONDUCTED  AFTER  HOURS  AT  A  RETAIL  BUSINESS THAT DOES HAVE A LIQUOR
LICENSE;
  10. CERTIFIED EDUCATORS SHALL MAINTAIN A  SUITABLE  LEVEL  OF  GENERAL
LIABILITY  INSURANCE,  AND THE POLICY SHALL BE REPORTED TO THE AUTHORITY
ALONG WITH THE LICENSE APPLICATION;
  11. PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER  THIS
SECTION,  THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS AND
LOCATION OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL  INCLUDE

S. 1623                             3

INFORMATION  THAT  PERTAINS  TO  THE EXACT DURATION AND LOCATION OF EACH
CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
  12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
  13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
  S 5. The alcoholic beverage control law is amended  by  adding  a  new
section 58-d to read as follows:
  S  58-D.  CERTIFIED  EDUCATOR'S  LICENSES.  THE  AUTHORITY MAY ISSUE A
"CERTIFIED EDUCATOR LICENSE" TO A PERSON OR COMPANY  OWNED  AND  RUN  BY
PERSONS  WHO  MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA OF
SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
PER LICENSE TO A CERTIFIED EDUCATOR OF ALCOHOLIC  BEVERAGES,  UNDER  THE
FOLLOWING CONDITIONS:
  1.  LICENSES  SHALL  BE  LIMITED TO A PERMANENT LOCATION WHERE CLASSES
WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
THE CHANGE TO THE COURSE'S LOCATION;
  2. THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC  BEVERAGES
FROM  DOMESTIC  WHOLESALERS,  WITH THE DECISIONS TO BE MADE BASED ON THE
JUDGMENT OF THE CERTIFIED EDUCATOR;
  3. THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL  DATE
OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
  4. THE LICENSE MAY BE USED TO SERVE  ALCOHOLIC  BEVERAGES  FOR  EDUCA-
TIONAL  PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF TWENTY-ONE
IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
  5. ALL EVENTS CONDUCTED PURSUANT TO THIS  LICENSE  MUST  BE  CONDUCTED
THROUGH  ADVANCE  REGISTRATION,  AND  NO  WALK-IN  ACCESS TO THE GENERAL
PUBLIC IS PERMITTED;
  6. ALL PERSONS RETAINED BY A  CERTIFIED  EDUCATOR  TO  ENGAGE  IN  THE
INSTRUCTION  AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL PERMITS,
AS SPECIFIED IN SECTION NINETY-NINE-H OF THIS CHAPTER, THAT  ARE  ISSUED
BY  THE  AUTHORITY  FOR  THE  PURPOSE  OF SUPERVISING CLASSES, PROVIDING
EDUCATIONAL INSTRUCTION ON ALCOHOLIC BEVERAGES, OVERSEEING  THE  POURING
OF  BEVERAGES  BY  VOLUNTEERS, AND CARRYING ON THE ACTIVITIES ASSOCIATED
WITH ALCOHOLIC BEVERAGE EDUCATION;
  7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
  8.  EXCEPT  AS  PROVIDED  FOR IN THIS SECTION, CERTIFIED EDUCATORS MAY
HOLD CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A  LIQUOR
LICENSE,  SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC ZONING
LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
TOR AND APPROVAL BY THE AUTHORITY;
  9. CLASSES SHALL NOT BE CONDUCTED  DURING  BUSINESS  HOURS  AT  RETAIL
BUSINESSES  THAT  DO  NOT  HAVE  A  LIQUOR  LICENSE NOR SHALL CLASSES BE
CONDUCTED AFTER HOURS AT A RETAIL  BUSINESS  THAT  DOES  HAVE  A  LIQUOR
LICENSE;
  10.  CERTIFIED  EDUCATORS  SHALL  MAINTAIN A SUITABLE LEVEL OF GENERAL
LIABILITY INSURANCE, AND THE POLICY SHALL BE REPORTED TO  THE  AUTHORITY
ALONG WITH THE LICENSE APPLICATION;

S. 1623                             4

  11.  PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER THIS
SECTION, THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS  AND
LOCATION  OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL INCLUDE
INFORMATION THAT PERTAINS TO THE EXACT DURATION  AND  LOCATION  OF  EACH
CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
  12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
  13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
  S 6. The alcoholic beverage control law is amended  by  adding  a  new
section 63-b to read as follows:
  S  63-B.  CERTIFIED  EDUCATOR'S  LICENSES.  THE  AUTHORITY MAY ISSUE A
"CERTIFIED EDUCATOR LICENSE" TO A PERSON OR COMPANY  OWNED  AND  RUN  BY
PERSONS  WHO  MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA OF
SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
PER LICENSE TO A CERTIFIED EDUCATOR OF ALCOHOLIC  BEVERAGES,  UNDER  THE
FOLLOWING CONDITIONS:
  1.  LICENSES  SHALL  BE  LIMITED TO A PERMANENT LOCATION WHERE CLASSES
WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
THE CHANGE TO THE COURSE'S LOCATION;
  2. THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC  BEVERAGES
FROM  DOMESTIC  WHOLESALERS,  WITH THE DECISIONS TO BE MADE BASED ON THE
JUDGMENT OF THE CERTIFIED EDUCATOR;
  3. THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL  DATE
OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
  4. THE LICENSE MAY BE USED TO SERVE  ALCOHOLIC  BEVERAGES  FOR  EDUCA-
TIONAL  PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF TWENTY-ONE
IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
  5. ALL EVENTS CONDUCTED PURSUANT TO THIS  LICENSE  MUST  BE  CONDUCTED
THROUGH  ADVANCE  REGISTRATION,  AND  NO  WALK-IN  ACCESS TO THE GENERAL
PUBLIC IS PERMITTED;
  6. ALL PERSONS RETAINED BY A  CERTIFIED  EDUCATOR  TO  ENGAGE  IN  THE
INSTRUCTION  AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL PERMITS,
AS SPECIFIED IN SECTION NINETY-NINE-H OF THIS CHAPTER, THAT  ARE  ISSUED
BY  THE  AUTHORITY  FOR  THE  PURPOSE  OF SUPERVISING CLASSES, PROVIDING
EDUCATIONAL INSTRUCTION ON ALCOHOLIC BEVERAGES, OVERSEEING  THE  POURING
OF  BEVERAGES  BY  VOLUNTEERS, AND CARRYING ON THE ACTIVITIES ASSOCIATED
WITH ALCOHOLIC BEVERAGE EDUCATION;
  7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
  8.  EXCEPT  AS  PROVIDED  FOR IN THIS SECTION, CERTIFIED EDUCATORS MAY
HOLD CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A  LIQUOR
LICENSE,  SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC ZONING
LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
TOR AND APPROVAL BY THE AUTHORITY;
  9. CLASSES SHALL NOT BE CONDUCTED  DURING  BUSINESS  HOURS  AT  RETAIL
BUSINESSES  THAT  DO  NOT  HAVE  A  LIQUOR  LICENSE NOR SHALL CLASSES BE
CONDUCTED AFTER HOURS AT A RETAIL  BUSINESS  THAT  DOES  HAVE  A  LIQUOR
LICENSE;

S. 1623                             5

  10.  CERTIFIED  EDUCATORS  SHALL  MAINTAIN A SUITABLE LEVEL OF GENERAL
LIABILITY INSURANCE, AND THE POLICY SHALL BE REPORTED TO  THE  AUTHORITY
ALONG WITH THE LICENSE APPLICATION;
  11.  PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER THIS
SECTION, THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS  AND
LOCATION  OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL INCLUDE
INFORMATION THAT PERTAINS TO THE EXACT DURATION  AND  LOCATION  OF  EACH
CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
  12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
  13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
  S 7. The alcoholic beverage control law is amended  by  adding  a  new
section 80-a to read as follows:
  S  80-A.  CERTIFIED  EDUCATOR'S  LICENSES.  THE  AUTHORITY MAY ISSUE A
"CERTIFIED EDUCATOR LICENSE" TO A PERSON OR COMPANY  OWNED  AND  RUN  BY
PERSONS  WHO  MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA OF
SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
PER LICENSE TO A CERTIFIED EDUCATOR OF ALCOHOLIC  BEVERAGES,  UNDER  THE
FOLLOWING CONDITIONS:
  1.  LICENSES  SHALL  BE  LIMITED TO A PERMANENT LOCATION WHERE CLASSES
WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
THE CHANGE TO THE COURSE'S LOCATION;
  2. THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC  BEVERAGES
FROM  DOMESTIC  WHOLESALERS,  WITH THE DECISIONS TO BE MADE BASED ON THE
JUDGMENT OF THE CERTIFIED EDUCATOR;
  3. THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL  DATE
OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
  4. THE LICENSE MAY BE USED TO SERVE  ALCOHOLIC  BEVERAGES  FOR  EDUCA-
TIONAL  PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF TWENTY-ONE
IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
  5. ALL EVENTS CONDUCTED PURSUANT TO THIS  LICENSE  MUST  BE  CONDUCTED
THROUGH  ADVANCE  REGISTRATION,  AND  NO  WALK-IN  ACCESS TO THE GENERAL
PUBLIC IS PERMITTED;
  6. ALL PERSONS RETAINED BY A  CERTIFIED  EDUCATOR  TO  ENGAGE  IN  THE
INSTRUCTION  AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL PERMITS,
AS SPECIFIED IN SECTION NINETY-NINE-H OF THIS CHAPTER, THAT  ARE  ISSUED
BY  THE  AUTHORITY  FOR  THE  PURPOSE  OF SUPERVISING CLASSES, PROVIDING
EDUCATIONAL INSTRUCTION ON ALCOHOLIC BEVERAGES, OVERSEEING  THE  POURING
OF  BEVERAGES  BY  VOLUNTEERS, AND CARRYING ON THE ACTIVITIES ASSOCIATED
WITH ALCOHOLIC BEVERAGE EDUCATION;
  7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
  8.  EXCEPT  AS  PROVIDED  FOR IN THIS SECTION, CERTIFIED EDUCATORS MAY
HOLD CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A  LIQUOR
LICENSE,  SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC ZONING
LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
TOR AND APPROVAL BY THE AUTHORITY;
  9. CLASSES SHALL NOT BE CONDUCTED  DURING  BUSINESS  HOURS  AT  RETAIL
BUSINESSES  THAT  DO  NOT  HAVE  A  LIQUOR  LICENSE NOR SHALL CLASSES BE

S. 1623                             6

CONDUCTED AFTER HOURS AT A RETAIL  BUSINESS  THAT  DOES  HAVE  A  LIQUOR
LICENSE;
  10.  CERTIFIED  EDUCATORS  SHALL  MAINTAIN A SUITABLE LEVEL OF GENERAL
LIABILITY INSURANCE, AND THE POLICY SHALL BE REPORTED TO  THE  AUTHORITY
ALONG WITH THE LICENSE APPLICATION;
  11.  PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER THIS
SECTION, THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS  AND
LOCATION  OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL INCLUDE
INFORMATION THAT PERTAINS TO THE EXACT DURATION  AND  LOCATION  OF  EACH
CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
  12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
  13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
  S 8. The alcoholic beverage control law is amended  by  adding  a  new
section 99-h to read as follows:
  S 99-H. REGISTERED LECTURERS. THE AUTHORITY MAY ISSUE A SPECIAL PERMIT
TO  A  PERSON MEETING THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA
OF SECTION THREE OF THIS CHAPTER, AT A  ONE-TIME  COST  OF  TWO  HUNDRED
DOLLARS, TO BE RENEWED BIANNUALLY, SUBJECT TO THE FOLLOWING CONDITIONS:
  1.  REGISTERED  LECTURERS  MUST  BE  DIRECTLY  RETAINED BY, AS WELL AS
SUBJECT TO THE CONTROL OF LICENSED CERTIFIED EDUCATORS;
  2. REGISTERED LECTURERS SHALL  BE  BOUND  BY  THE  SAME  CREDENTIALING
REQUIREMENTS  AS  ARE  CERTIFIED  EDUCATORS, AS SPECIFIED IN SUBDIVISION
SEVEN-AA OF SECTION THREE OF THIS CHAPTER;
  3. CERTIFIED EDUCATORS MAY EMPLOY AND UTILIZE ANY NUMBER OF REGISTERED
LECTURERS PER CLASS OR PER CURRICULUM, WITH THE  DECISIONS  TO  BE  MADE
BASED ON THE JUDGMENT OF THE CERTIFIED EDUCATOR;
  4.  REGISTERED  LECTURERS  SHALL NOT BE REQUIRED TO MAINTAIN THEIR OWN
GENERAL LIABILITY INSURANCE;
  5. REGISTERED LECTURERS SHALL HAVE THE ABILITY TO CONDUCT  ALL  ACTIV-
ITIES  ASSOCIATED  WITH  ALCOHOL EDUCATION, INCLUDING BUT NOT LIMITED TO
SUPERVISING CLASSES,  PROVIDING  EDUCATIONAL  INSTRUCTION  ON  ALCOHOLIC
BEVERAGES, AND OVERSEEING THE POURING OF BEVERAGES BY VOLUNTEERS; EXCEPT
THAT  THE  PERMIT  SHALL  NOT  ALLOW REGISTERED LECTURERS TO PURCHASE OR
PROCURE ALCOHOLIC BEVERAGES FOR THE PURPOSES OF ALCOHOL EDUCATION;
  6. PERMITS FOR REGISTERED LECTURERS SHALL BE APPLIED FOR  THROUGH  THE
AUTHORITY  NO  LATER  THAN  THIRTY DAYS PRIOR TO THE COMMENCEMENT OF THE
FIRST CLASS OR COURSE TAUGHT BY THE REGISTERED LECTURER;
  7. THE PERMIT MUST BE RENEWED EVERY TWO YEARS FROM THE  ORIGINAL  DATE
OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
  8. REGISTERED LECTURERS SHALL HOLD  CLASSES  AT  LOCATIONS  THAT  WERE
PREVIOUSLY  APPROVED  BY  THE CERTIFIED EDUCATOR AND FOLLOWED THE PROCE-
DURES  SPECIFIED  IN   SUBDIVISION   TEN   OF   SECTIONS   FIFTY-FIVE-D,
FIFTY-EIGHT-D, SIXTY-THREE-B AND EIGHTY-A OF THIS CHAPTER;
  9.  REGISTERED  LECTURERS SHALL BE SUBJECT TO THE POWERS AND DUTIES OF
THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
  10. THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN  FURTH-
ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
  S 9. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Senate Bill S1623

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2015-S1623 (ACTIVE) - Details

2015-S1623 (ACTIVE) - Summary

2015-S1623 (ACTIVE) - Sponsor Memo

2015-S1623 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1623

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2015-S1623 (ACTIVE) - Details

2015-S1623 (ACTIVE) - Summary

2015-S1623 (ACTIVE) - Sponsor Memo

2015-S1623 (ACTIVE) - Bill Text download pdf

Comments