Senate Bill S5382

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5382
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2017
                                ___________
 
 Introduced  by  Sens.  BOYLE, VALESKY -- (at request of the State Liquor
   Authority) -- read twice and ordered printed, and when printed  to  be
   committed to the Committee on Commerce, Economic Development and Small
   Business
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   creating a license to export New York alcoholic beverages
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The alcoholic beverage control law is amended by adding a
 new section 61-c to read as follows:
   § 61-C. EXPORTER'S LICENSE. AN EXPORTER'S LICENSE SHALL AUTHORIZE  THE
 HOLDER THEREOF TO PURCHASE ALCOHOLIC BEVERAGES FROM LICENSED MANUFACTUR-
 ERS  SOLELY FOR PURPOSES OF EXPORT OUTSIDE OF THIS STATE PURSUANT TO AND
 IN ACCORDANCE WITH THE LAWS OF THE PLACE OF DELIVERY.
   § 2. Section 66 of the alcoholic beverage control law  is  amended  by
 adding a new subdivision 3-b to read as follows:
   3-B.  THE  ANNUAL  FEE  FOR AN EXPORTER'S LICENSE SHALL BE ONE HUNDRED
 TWENTY-FIVE DOLLARS.
   § 3. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
 law,  as  amended by chapter 297 of the laws of 2016, 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-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,
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10042-01-7

 S. 5382                             2
 
 sixty-one-a,  sixty-one-b,  SIXTY-ONE-C, 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 sepa-
 rate and apart from the terms and provisions of the bond required pursu-
 ant 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 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 judg-
 ments 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 judg-
 ment  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. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
 law,  as  amended  by  section  4 of chapter 297 of the laws of 2016, 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-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

 S. 5382                             3
 
 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,  SIXTY-ONE-C,  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 sepa-
 rate and apart from the terms and provisions of the bond required pursu-
 ant 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 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 judg-
 ments 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 judg-
 ment  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.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided that the amendments to  subdivision
 3  of  section 17 of the alcoholic beverage control law, made by section
 three of this act, shall not affect the expiration and reversion of such
 subdivision and shall expire and be deemed repealed therewith, when upon
 such date the provisions of section four of this act shall take  effect;
 and  provided,  further,  that any and all rules and regulations and any
 other measures necessary to implement any provision of this act  on  its
 effective  date may be promulgated and taken, respectively, on or before
 the effective date of such provision.