Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 07, 2016 |
signed chap.297 |
Sep 06, 2016 |
delivered to governor |
Jun 17, 2016 |
returned to senate passed assembly ordered to third reading rules cal.488 substituted for a10728 |
Jun 16, 2016 |
referred to ways and means delivered to assembly passed senate ordered to third reading cal.1928 |
Jun 13, 2016 |
referred to rules |
Senate Bill S8140
Signed By Governor2015-2016 Legislative Session
Relates to the reorganization of the alcoholic beverage control law; repealer
download bill text pdfSponsored By
(R, C, IP, RFM) 24th Senate District
Archive: Last Bill Status - Signed by Governor
- 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
Actions
Votes
-
-
-
-
Floor Vote: Jun 16, 2016
aye (62)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kaminsky
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Persaud
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
excused (1)
-
Jun 16, 2016 - Rules Committee Vote
S814023Aye0Nay2Aye with Reservations0Absent0Excused0Abstained-
-
Rules Committee Vote: Jun 16, 2016
aye (23)
-
-
-
co-Sponsors
(R, C) 58th Senate District
(R, C) 60th Senate District
(D, WF) 63rd Senate District
(R, C, IP) Senate District
2015-S8140 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10728
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd ABC L, generally; amd §§270 & 273, Exec L
2015-S8140 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8140 TITLE OF BILL : An act to amend the alcoholic beverage control law and the executive law, in relation to a reorganization of the alcoholic beverage control law PURPOSE : This bill would amend various provisions of the Alcoholic Beverage Control Law ("ABCL") and make related amendments to other laws to implement recommendations made by the Alcoholic Beverage Working Group. SUMMARY OF PROVISIONS : Section 1 of the bill would amend ABCL § 10 to state that the Members of the State Liquor Authority ("Authority") shall consist of a chairman and two commissioners, rather than three commissioners. Section 2 of the bill would amend ABCL § 14 to permit the Governor to appoint a commissioner as Chairman in the case of a vacancy in the office of Chairman pending the qualification of a new Chairman. Section 3 of the bill would amend the ABCL § 17(3) to allow the Authority to impose civil penalties on two new licenses created by this bill.
Section 4 of the bill would amend the version of ABCL § 17(3) now scheduled to become effective in two years to allow the Authority to impose civil penalties on two new licenses created by this bill. Section 5 of the bill would add new ABCL § 61-a and § 61-b to create a combined craft manufacturing license and an importer's license. Section 6 of the bill would amend ABCL § 63(4) to permit off-premise liquor and wine stores to sell gift bags and gift wrapping. Section 7 of the bill would add a new ABCL § 66(3-a) to provide a license fee for the new importer's license. Section 8 of the bill would amend ABCL § 93(1) to eliminate the need for a solicitor's permit for a sales person working for a craft manufacturer. Section 9 of the bill would amend ABCL§ 93(4) to extend the duration of a temporary solicitor's permit from sixty days to six months. Section 10 of the bill would add a new ABCL § 99-h to create a permit to allow on-premises licensees to sell alcoholic beverages on Sundays between 8 a.m. and ten o'clock a.m. The permit would be valid for one calendar day and each on-premises licensee is allowed to apply for twelve such permits in one calendar year. Each permit application requires notice to the local municipality. Only on-premises licensees in a city with populations under one million are eligible to receive the permit. Section 11 of the bill would amend ABCL § 105(5) and (11) to provide that a winery or farm winery may sell wine in open containers, such as growlers. Section 12 of the bill would amend ABCL § 106(5)(3)(a) to provide that a winery or farm winery may allow patrons to take opened bottles of wine away from the licensed premises and to eliminate the long-standing prohibition against serving alcoholic beverages before noon on Sundays. This section will allow sales of alcoholic beverages starting at 10 a.m. on Sundays. Section 13 of the bill would amend ABCL § 108 to allow a person with an on-premises liquor or wine license establishment adjacent to such person's off-premises beer license establishment to transport liquor and wine through the off-premises establishment. Section 14 of the bill would amend ABCL § 112 to eliminate the need for the holder of a solicitor's permit to obtain a surety bond. Section 15 of the bill would amend ABCL § 118 adding new subdivision 5 limiting the sanctions on prosecutions of combined manufacturing licenses issued under ABCL § 61-a to apply to only the prosecuted manufacturing activity. Sections 16 of the bill would amend Executive Law § 270 to coincide with changes made by this bill to the ABCL. Sections 17 of the bill would amend Executive Law § 273 to coincide with changes made by this bill to the ABCL. Section 18 of the bill would make it effective sixty days after it is signed into law, provided that: sections 6 and 14 of this bill will expire and be deemed repealed three years after this bill becomes law; and section 12 of this bill would take effect immediately upon this bill being signed into law. EXISTING LAW : This bill is intended to address the following omissions in the ABCL as well as unduly burdensome complications within the ABCL. The ABCL currently: *Does not address who will have administrative power over the agency in the case of a vacancy in the office of Chairman pending the qualification of a new Chairman; *Does not have a license for a company that intends to sell at wholesale, but only to other wholesalers; *Unnecessarily requires any solicitor working for a manufacturer, regardless of the size of the business, to file a surety bond with the Authority; *Unnecessarily requires manufacturers to obtain a permit to allow new employees to work without a solicitor's permit, but only for sixty days; *Prohibits on-premises sales of alcoholic beverages from 8 a.m. until noon on Sundays; *Unnecessarily requires a person with multiple manufacturing operations at one location to obtain multiple licenses; *Sets limits on the types of items that can be sold at a package store; *Prohibits a winery from selling wine in growlers, or letting patrons leave with an open bottle of wine; and *Prohibits a person with an on-premises liquor or wine license and an adjacent off-premises beer license from moving liquor or wine from a storage area, through the beer premises, and into the on-premises location. LEGISLATIVE HISTORY : This is a new bill. STATEMENT IN SUPPORT : This bill would incorporate recommendations made by the Governor's ABCL Working Group, which was tasked with offering suggestions to improve the law and aid businesses. *The ABCL does not contain a provision to appoint a temporary Chairman when a vacancy arises. The bill would authorize the Governor, in the event of the death, resignation, removal or disability of the Chairman, to designate one of the Commissioners to serve as acting Chairman for a period up to nine months until a new Chairman is nominated by the Governor and confirmed by the Senate. *Small businesses that import products into the state to be wholesaled by other entities must currently choose between: (i) obtaining a costly wholesale license; or (ii) moving their business outside of New York State. The importers license will enable them to stay in New York State and operate with an inexpensive license. *Small craft manufacturers find the filing of applications and fees for solicitors permits burdensome. The bill would remove these requirements for small entities and also remove the requirement of a bond for solicitor permits for larger entities. Those solicitors are still regulated but employers are no longer obligated to obtain bonds. *New York craft manufacturers may manufacture different products under different licenses at the same location. This practice requires a separate application, fee and renewal process for each license. This bill would enable manufacturers to apply for one license for the selected activities requiring one filing fee and one renewal application. *The ABCL requires that wine sold at retail stores for off-premises consumption be kept in sealed containers. This bill permits wineries to sell wine in growlers. The ABCL also prohibits an individual from leaving a winery with an open bottle of wine. This bill would permit the patron to take the rest of the wine home. *The ABCL imposes restrictions on the hours of sale of alcoholic beverages on Sundays, referred to as "Blue Laws." This bill would enable on-premises licenses throughout the state to begin serving alcoholic beverages for consumption on the premises on Sundays at 10 a.m., rather than noon. Licensees outside of New York City may also apply for a permit to allow the licensee to serve alcoholic beverages starting at 8 a.m. on a particular day of the year. Licensees seeking the permit must notify the local municipality and may only obtain twelve of these permits each calendar year. *The ABCL limits package stores and wine stores to selling only alcoholic beverages and certain other specified items such as wine glasses. This bill would also allow package stores and wine stores to sell gift wrapping and gift bags. *Numerous grocery stores own restaurants adjacent to the grocery stores. Because wine and liquor may not enter a grocery store, licensees must take the wine and liquor around the outside of the grocery store to bring it into the restaurant. This bill would eliminate this burdensome requirement and allow wine and liquor to pass through the grocery store en-route to the restaurant. BUDGET IMPLICATIONS: None. EFFECTIVE DATE : Effective on the sixtieth day after it shall become law, provided that: the amendments to section 17 of the ABCL made by section three shall be subject to the expiration and reversion of such section pursuant to 2 section 4 of chapter 118 of the laws of 2012, as amended, when upon such date the provisions of section four of this act shall take effect; the provisions of sections six and thirteen of the bill will expire and be deemed repealed three years after this bill becomes law; and the provisions of section 12 of this bill would take effect immediately upon this bill being signed into law 4
2015-S8140 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8140 I N S E N A T E June 13, 2016 ___________ Introduced by Sen. LANZA -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the alcoholic beverage control law and the executive law, in relation to a reorganization of the alcoholic beverage control law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 10 of the alcoholic beverage control law, as amended by chapter 83 of the laws of 1995, is amended to read as follows: S 10. State liquor authority. There shall continue to be in the exec- utive department an alcoholic beverage control division, the head of which shall be the state liquor authority [which] WHOSE MEMBERS shall consist of [three members, who shall be known as commissioners] A CHAIR- MAN AND TWO COMMISSIONERS, all of whom shall be citizens and residents of the state. [The state alcoholic beverage control board created and appointed pursuant to chapter one hundred eighty of the laws of nineteen hundred thirty-three, as presently constituted, shall continue in exist- ence and hereafter shall be known and designated as the state liquor authority.] The terms "state alcoholic beverage control board", "state board", "liquor authority", or "authority", wherever occurring in any of the provisions of this chapter or of any other law, or in any official books, records, instruments, rules or papers, shall hereafter mean and refer to the state liquor authority provided for in this section. S 2. Section 14 of the alcoholic beverage control law, as amended by chapter 83 of the laws of 1995, is amended to read as follows: S 14. Vacancies; quorum. 1. In the event of a vacancy caused by the death, resignation, removal or disability of any [member] COMMISSIONER, the vacancy shall be filled by the governor by and with the advice and consent of the senate for the unexpired term. 2. (A) IN THE EVENT OF A VACANCY CAUSED BY THE DEATH, RESIGNATION, REMOVAL, OR DISABILITY OF THE CHAIRMAN, THE VACANCY SHALL BE FILLED BY THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF THE SENATE FOR THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD12046-05-6 S. 8140 2 UNEXPIRED TERM. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE GOVERNOR SHALL DESIGNATE ONE OF THE COMMISSIONERS TO SERVE AS ACTING CHAIRMAN FOR A PERIOD NOT TO EXCEED SIX MONTHS OR UNTIL A SUCCESSOR CHAIRMAN HAS BEEN CONFIRMED BY THE SENATE, WHICHEVER COMES FIRST. UPON THE EXPIRATION OF THE SIX MONTH TERM, IF THE GOVERNOR HAS NOMINATED A SUCCESSOR CHAIRMAN, BUT THE SENATE HAS NOT ACTED UPON THE NOMINATION, THE ACTING CHAIRMAN CAN CONTINUE TO SERVE AS ACTING CHAIRMAN FOR AN ADDITIONAL NINETY DAYS OR UNTIL THE GOVERNOR'S SUCCESSOR CHAIRMAN NOMINATION IS CONFIRMED BY THE SENATE, WHICHEVER COMES FIRST. (B) THE GOVERNOR SHALL PROVIDE IMMEDIATE WRITTEN NOTICE TO THE TEMPO- RARY PRESIDENT OF THE SENATE OF THE DESIGNATION OF A COMMISSIONER AS ACTING CHAIRMAN. (C) IF (I) THE GOVERNOR HAS NOT NOMINATED A SUCCESSOR CHAIRMAN UPON THE EXPIRATION OF THE SIX MONTH TERM OR (II) THE SENATE DOES NOT CONFIRM THE GOVERNOR'S SUCCESSOR NOMINATION WITHIN THE ADDITIONAL NINETY DAYS, THE COMMISSIONER DESIGNATED AS ACTING CHAIRMAN SHALL NO LONGER BE ABLE TO SERVE AS ACTING CHAIRMAN AND THE GOVERNOR IS PROHIBITED FROM EXTEND- ING THE POWERS OF THAT ACTING CHAIRMAN OR FROM DESIGNATING ANOTHER COMMISSIONER TO SERVE AS ACTING CHAIRMAN. (D) A COMMISSIONER SERVING AS THE ACTING CHAIRMAN OF THE AUTHORITY SHALL BE DEEMED A STATE OFFICER FOR PURPOSES OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW. 3. A majority of the members of the authority shall constitute a quorum for the purpose of conducting the business thereof and a majority vote of all the members in office shall be necessary for action. PROVIDED, HOWEVER, THAT A COMMISSIONER DESIGNATED AS AN ACTING CHAIRMAN PURSUANT TO SUBDIVISION TWO OF SECTION FOURTEEN OF THIS CHAPTER SHALL HAVE ONLY ONE VOTE FOR PURPOSES OF CONDUCTING THE BUSINESS OF THE AUTHORITY. S 3. Subdivision 3 of section 17 of the alcoholic beverage control law, as amended by section 2 of chapter 355 of the laws of 2013, is amended to read as follows: 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-six-f, 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, SIXTY-ONE-A, SIXTY-ONE-B, seventy-six, seventy-six-a, 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 chap- ter. 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 S. 8140 3 pending on the imposition of such civil penalty, in the event such civil penalty imposed by the division remains unpaid, in whole or in part, more than forty-five days 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 judg- ment by default will be entered in the supreme court of the county in which the licensed premises are located, or other court of civil juris- diction 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 judgment, 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. S 4. Subdivision 3 of section 17 of the alcoholic beverage control law, as amended by section 3 of chapter 355 of the laws of 2013, is amended to read as follows: 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-six-f, 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, SIXTY-ONE-A, SIXTY-ONE-B, seventy-six, seventy-six-a 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 S. 8140 4 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 division remains unpaid, in whole or in part, more than forty-five days 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 judg- ment by default will be entered in the supreme court of the county in which the licensed premises are located, or other court of civil juris- diction, 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 judgment, 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. S 5. The alcoholic beverage control law is amended by adding two new sections 61-a and 61-b to read as follows: S 61-A. COMBINED CRAFT MANUFACTURING LICENSE. 1. THE AUTHORITY MAY ISSUE A COMBINED CRAFT MANUFACTURER'S LICENSE TO A PERSON FOR THE PURPOSES OF ARTICLES FOUR, FOUR-A, FIVE AND SIX OF THIS CHAPTER, COMBIN- ING THE PRIVILEGES OF TWO OR MORE FARM OR MICRO MANUFACTURING LICENSES FOR USE AT ONE PREMISES. 2. THE LICENSE FEE FOR THE COMBINED LICENSE SHALL EQUAL THE SUM OF THE LICENSE FEES FOR EACH OF THE LICENSES INCLUDED IN THE COMBINED LICENSE. PROVIDED, HOWEVER, THAT ONLY ONE FILING FEE SHALL BE REQUIRED FOR ANY COMBINED LICENSE. 3. THE LICENSE CERTIFICATE OF THE COMBINED LICENSE SHALL SET FORTH THE LICENSES THAT ARE INCLUDED UNDER THE COMBINED LICENSE. 4. A COMBINED FARM MANUFACTURER'S LICENSE MAY COMBINE TWO OR MORE OF THE FOLLOWING LICENSES: FARM BREWERY; MICRO-BREWERY; FARM CIDERY; FARM WINERY; MICRO-DISTILLERY; MICRO-RECTIFIER; AND FARM DISTILLERY. PROVIDED, HOWEVER, THAT THE LICENSED PREMISES FOR A COMBINED FARM MANUFACTURER'S LICENSE THAT INCLUDES A FARM WINERY LICENSE MUST BE LOCATED ON A FARM. S 61-B. IMPORTER'S LICENSE. AN IMPORTER'S LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO IMPORT ALCOHOLIC BEVERAGES INTO THIS STATE AND SELL SUCH ALCOHOLIC BEVERAGES TO LICENSED WHOLESALERS AUTHORIZED TO SELL SUCH ALCOHOLIC BEVERAGES. S. 8140 5 S 6. Subdivision 4 of section 63 of the alcoholic beverage control law, as amended by chapter 603 of the laws of 1992, is amended to read as follows: 4. No licensee under this section shall be engaged in any other busi- ness on the licensed premises. The sale of lottery tickets, when duly authorized and lawfully conducted, the sale of corkscrews or the sale of ice or the sale of publications, including prerecorded video and/or audio cassette tapes, designed to help educate consumers in their know- ledge and appreciation of wine and wine products, as defined in section three of this chapter, or the sale of non-carbonated, non-flavored mineral waters, spring waters and drinking waters or the sale of glasses designed for the consumption of wine, racks designed for the storage of wine, and devices designed to minimize oxidation in bottles of wine which have been uncorked, OR THE SALE OF GIFT BAGS, GIFT BOXES, OR WRAP- PING, FOR ALCOHOLIC BEVERAGES PURCHASED AT THE LICENSED PREMISES shall not constitute engaging in another business within the meaning of this subdivision. S 7. Section 66 of the alcoholic beverage control law is amended by adding a new subdivision 3-a to read as follows: 3-A. THE ANNUAL FEE FOR AN IMPORTER'S LICENSE SHALL BE ONE HUNDRED TWENTY-FIVE DOLLARS. S 8. Subdivision 1 of section 93 of the alcoholic beverage control law is amended to read as follows: 1. No individual shall offer for sale or solicit any order in the state for the sale of any alcoholic beverage irrespective of whether such sale is to be made within or without the state, unless such person shall have a solicitor's permit. PROVIDED, HOWEVER, THAT NO PERMIT UNDER THIS SECTION SHALL BE REQUIRED FOR AN INDIVIDUAL WHO IS SOLICITING ORDERS ON BEHALF OF A MICRO-BREWERY, FARM BREWERY, FARM CIDERY, FARM WINERY, MICRO-FARM WINERY, MICRO-DISTILLERY, MICRO-RECTIFIER, OR FARM DISTILLERY LICENSED UNDER THIS CHAPTER. S 9. Subdivision 4 of section 93 of the alcoholic beverage control law, as amended by section 12 of part Z of chapter 85 of the laws of 2002, is amended to read as follows: 4. Notwithstanding the foregoing provisions of this section, any duly licensed manufacturer or wholesaler may apply to the liquor authority for an annual temporary solicitor's employment permit. Such permit shall authorize such manufacturer or wholesaler to employ one or more persons as a solicitor for a period of not exceeding [sixty consecutive working days] SIX MONTHS provided that within [thirty] SIXTY days after such employee has been employed as a solicitor such employee shall file his application for a solicitor's permit with the liquor authority. The license fee for such permit shall be thirty-eight dollars per year, or for any part thereof, and the permit shall be issued for the calendar year. Such permit and the exercise of the privileges hereby granted thereunder, shall be subject to such terms and conditions as may be prescribed by the liquor authority. S 10. The alcoholic beverage control law is amended by adding a new section 99-h to read as follows: S 99-H. SUNDAY ON-PREMISES SALES PERMIT. 1. A PERMIT ISSUED UNDER THIS SECTION SHALL AUTHORIZE A PERSON LICENSED TO SELL ALCOHOLIC BEVER- AGES FOR CONSUMPTION ON THE PREMISES PURSUANT TO THIS CHAPTER TO SELL ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION ON SUNDAY BETWEEN THE HOURS OF EIGHT O'CLOCK A.M. AND TEN O'CLOCK A.M. 2. A PERMIT UNDER THIS SECTION SHALL BE ISSUED FOR ONE CALENDAR DAY. S. 8140 6 3. THE FEE FOR SUCH A PERMIT SHALL BE TWENTY-FIVE DOLLARS, TOGETHER WITH A FILING FEE OF TEN DOLLARS. 4. AN APPLICANT FOR A PERMIT UNDER THIS SECTION SHALL PROVIDE NOTICE TO THE LOCAL MUNICIPALITY OF SUCH APPLICATION AS PROVIDED IN SECTION ONE HUNDRED TEN-B OF THIS CHAPTER. 5. NO MORE THAN TWELVE PERMITS UNDER THIS SECTION MAY BE ISSUED TO THE SAME LICENSEE IN ANY CALENDAR YEAR. 6. A PERMIT UNDER THIS SECTION SHALL NOT BE AVAILABLE FOR ANY LICENSED PREMISES LOCATED IN A CITY WITH A POPULATION OF ONE MILLION OR MORE. 7. SUCH PERMIT AND THE EXERCISE OF THE PRIVILEGES GRANTED THEREUNDER SHALL BE SUBJECT TO SUCH RULES THAT THE AUTHORITY MAY DEEM NECESSARY. S 11. Subdivisions 5 and 11 of section 105 of the alcoholic beverage control law, as amended by chapter 503 of the laws of 1984, subdivision 5 as separately amended by chapter 628 of the laws of 1984, are amended to read as follows: 5. No retail licensee of liquor and/or wine for off-premises consump- tion shall keep upon the licensed premises any liquors and/or wines in any cask, barrel, keg, hogshead or other container, except in the original sealed package, as received from the manufacturer or whole- saler. Such containers shall have affixed thereto such labels as may be required by the rules of the liquor authority, together with all neces- sary federal revenue and New York state excise tax stamps, as required by law. Such containers shall not be opened nor its contents consumed on the premises where sold, except for the purpose of wine tasting or sampling by any person pursuant to authorization to conduct such a sampling or tasting pursuant to subdivision [two] THREE of section seventy-six of this chapter except those to whom sales are prohibited in section sixty-five of this chapter. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT PROHIBIT A LICENSED WINERY OR FARM WINERY FROM SELLING OR DELIVERING WINE TO A CONSUMER FOR OFF-PREMISES CONSUMPTION IN A CONTAIN- ER NOT TO EXCEED FOUR LITERS IN CAPACITY THAT SHALL HAVE A TEMPORARILY SECURED SEAL FOR PURPOSES OF REMOVING THE WINE FROM THE PREMISES. 11. No retail licensee of liquor and/or wine for off-premises consump- tion shall keep or permit to be kept upon the licensed premises, any liquors and/or wines in any unsealed bottle or other unsealed container, except for the purpose of wine tasting or sampling by any person pursu- ant to authorization to conduct such a sampling or tasting pursuant to subdivision [two] THREE of section seventy-six of this chapter except those to whom sales are prohibited in section sixty-five of this chap- ter. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT PROHIBIT A LICENSED WINERY OR FARM WINERY FROM SELLING OR DELIVERING WINE TO A CONSUMER FOR OFF-PREMISES CONSUMPTION IN A CONTAINER NOT TO EXCEED FOUR LITERS IN CAPACITY THAT SHALL HAVE A TEMPORARILY SECURED SEAL FOR PURPOSES OF REMOVING THE WINE FROM THE PREMISES. S 12. Subdivision 3 and paragraph (a) of subdivision 5 of section 106 of the alcoholic beverage control law, paragraph (a) of subdivision 5 as amended by chapter 83 of the laws of 1995, are amended to read as follows: 3. No retail licensee for on-premises consumption shall sell, deliver or give away, or cause or permit or procure to be sold, delivered or given away any liquors and/or wines for consumption off the premises where sold. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT PROHIBIT A LICENSED WINERY OR FARM WINERY FROM ALLOWING A PATRON TO LEAVE THE WINERY OR FARM WINERY WITH A PARTIALLY CONSUMED BOTTLE OF WINE PROVIDED THAT THE REMOVAL OF THE BOTTLE IS DONE IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION EIGHTY-ONE OF THIS CHAPTER. S. 8140 7 (a) Sunday, from four ante meridiem to [twelve noon] TEN O'CLOCK A.M., EXCEPT PURSUANT TO A PERMIT ISSUED UNDER SECTION NINETY-NINE-H OF THIS CHAPTER. S 13. Section 108 of the alcoholic beverage control law, as amended by chapter 419 of the laws of 1950, is amended to read as follows: S 108. Restrictions upon licensees. 1. No licensee except the holder of a [brewer's or distiller's license or a winery] license TO MANUFAC- TURE ALCOHOLIC BEVERAGES shall keep or permit to be kept or consumed on the licensed premises any alcoholic beverage except the alcoholic bever- ages which he is permitted to sell under the terms of the license issued to him. 2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT PROHIB- IT A PERSON HOLDING A RETAIL ON-PREMISES LICENSE AND A RETAIL OFF-PREM- ISES BEER OR BEER AND WINE PRODUCTS LICENSE FOR AN ADJACENT PREMISES TO TRANSPORT ALCOHOLIC BEVERAGES THROUGH SUCH OFF-PREMISES LOCATION TO SUPPLY SUCH ADJACENT ON-PREMISES LOCATION. S 14. Section 112 of the alcoholic beverage control law, as amended by chapter 335 of the laws of 1944, and as further amended by section 104 of part A of chapter 62 of the laws of 2011, is amended to read as follows: S 112. Bonds of licensees and permittees. The liquor authority may require the licensees and permittees of one or more of the kinds or classes described in this chapter to file with it a bond to the people of the state of New York issued by a surety company, approved by the superintendent of financial services as to solvency and responsibility and authorized to transact business in this state, in such penal sum as the liquor authority may heretofore have prescribed or hereafter shall prescribe, conditioned that such licensee or permittee will not suffer or permit any violation of the provisions of this chapter and that all fines and penalties which shall accrue, during the time the license or permit shall be in effect, will be paid, together with all costs taxed or allowed in any action or proceeding brought or instituted for a violation of any of the provisions of this chapter. A suit to recover on any bond filed pursuant to chapter one hundred eighty of the laws of nineteen hundred thirty-three or this chapter may be brought by the liquor authority or on relation of any party aggrieved, in a court of competent jurisdiction and in the event that the obligor named in such bond has violated any of the conditions of such bond, recovery for the penal sum of such bond may be had in favor of the people of the state. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, NO BOND SHALL BE REQUIRED TO BE FILED BY THE HOLDER OF A SOLICITOR'S PERMIT ISSUED UNDER SECTION NINETY-THREE OF THIS CHAPTER. S 15. Section 118 of the alcoholic beverage control law is amended by adding a new subdivision 5 to read as follows: 5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRA- RY, A SUSPENSION IMPOSED UNDER THIS SECTION AGAINST THE HOLDER OF A LICENSE ISSUED UNDER SECTION SIXTY-ONE-A OF THIS CHAPTER SHALL ONLY SUSPEND THE LICENSED ACTIVITIES RELATED TO THE TYPE OF ALCOHOLIC BEVER- AGE INVOLVED IN THE VIOLATION RESULTING IN THE SUSPENSION. S 16. The opening paragraph of section 270 of the executive law, as amended by chapter 83 of the laws of 1995, is amended to read as follows: The head of the alcoholic beverage control division shall be the state liquor authority [which] WHOSE MEMBERS shall consist of [three members, who shall be known as commissioners] A CHAIRMAN AND TWO COMMISSIONERS, who shall be appointed by the governor, by and with the advice and S. 8140 8 consent of the senate[, and one of whom shall be designated as chairman by the governor]. S 17. Section 273 of the executive law, as amended by chapter 83 of the laws of 1995, is amended to read as follows: S 273. Vacancies; quorum. (A) In the event of a vacancy caused by death, resignation, removal or disability of [any member] A COMMISSIONER, the vacancy shall be filled by the governor by and with the advice and consent of the senate for the unexpired term. (B) IN THE EVENT OF A VACANCY CAUSED BY THE DEATH, RESIGNATION, REMOVAL OR DISABILITY OF THE CHAIRMAN, THE VACANCY SHALL BE FILLED BY THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF THE SENATE FOR THE UNEXPIRED TERM. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE GOVERNOR SHALL DESIGNATE ONE OF THE COMMISSIONERS TO SERVE AS ACTING CHAIRMAN FOR A PERIOD NOT TO EXCEED SIX MONTHS OR UNTIL A SUCCESSOR CHAIRMAN HAS BEEN CONFIRMED BY THE SENATE, WHICHEVER COMES FIRST. UPON THE EXPIRATION OF THE SIX MONTH TERM, IF THE GOVERNOR HAS NOMINATED A SUCCESSOR CHAIRMAN, BUT THE SENATE HAS NOT ACTED UPON THE NOMINATION, THE ACTING CHAIRMAN CAN CONTINUE TO SERVE AS ACTING CHAIRMAN FOR AN ADDITIONAL NINETY DAYS OR UNTIL THE GOVERNOR'S SUCCESSOR CHAIRMAN NOMINATION IS CONFIRMED BY THE SENATE, WHICHEVER COMES FIRST. (C) THE GOVERNOR SHALL PROVIDE IMMEDIATE WRITTEN NOTICE TO THE TEMPO- RARY PRESIDENT OF THE SENATE OF THE DESIGNATION OF A COMMISSIONER AS ACTING CHAIRMAN. (D) IF (I) THE GOVERNOR HAS NOT NOMINATED A SUCCESSOR CHAIRMAN UPON THE EXPIRATION OF THE SIX MONTH TERM OR (II) THE SENATE DOES NOT CONFIRM THE GOVERNOR'S SUCCESSOR NOMINATION WITHIN THE ADDITIONAL NINETY DAYS, THE COMMISSIONER DESIGNATED AS ACTING CHAIRMAN SHALL NO LONGER BE ABLE TO SERVE AS ACTING CHAIRMAN AND THE GOVERNOR IS PROHIBITED FROM EXTEND- ING THE POWERS OF THAT ACTING CHAIRMAN OR FROM DESIGNATING ANOTHER COMMISSIONER TO SERVE AS ACTING CHAIRMAN. (E) A COMMISSIONER SERVING AS THE ACTING CHAIRMAN OF THE AUTHORITY SHALL BE DEEMED A STATE OFFICER FOR PURPOSES OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW. (F) A majority of the members of the authority shall constitute a quorum for the purpose of conducting the business thereof and a majority vote of all the members in office shall be necessary for action. PROVIDED, HOWEVER, THAT A COMMISSIONER DESIGNATED AS AN ACTING CHAIRMAN PURSUANT TO SUBDIVISION TWO OF SECTION FOURTEEN OF THIS CHAPTER SHALL HAVE ONLY ONE VOTE FOR PURPOSES OF CONDUCTING THE BUSINESS OF THE AUTHORITY. S 18. This act shall take effect on the sixtieth day after it shall have become a law; provided, however, that section twelve of this act shall take effect immediately; provided, further, that the amendments to section 17 of the alcoholic beverage control law made by section three of this act shall be subject to the expiration and reversion of such section pursuant to section 4 of chapter 118 of the laws of 2012, as amended, when upon such date the provisions of section four of this act shall take effect; and further provided that sections six and thirteen of this act shall expire and be deemed repealed three years after such effective date.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.