| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Feb 02, 2018 |
referred to investigations and government operations |
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Senate Bill S7642
2017-2018 Legislative Session
Relates to establishing ten regional offices to oversee the state liquor authority
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Sponsored By
(D, WF) 21st Senate District
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
Actions
2017-S7642 (ACTIVE) - Details
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd ABC L, generally
2017-S7642 (ACTIVE) - Summary
Relates to establishing ten regional offices to oversee the state liquor authority; establishes a five member advisory board within each office to oversee each office; provides members of each advisory board will be appointed by the governor, temporary president of the senate and speaker of the assembly.
2017-S7642 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7642
SPONSOR: PARKER
TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to establishing ten regional offices to oversee the state
liquor authority
PURPOSE OR GENERAL IDEA OF BILL:
To establish ten regional offices to oversee the state liquor authority
to streamline the application process and address the lack of consisten-
cy currently experienced.
SUMMARY OF SPECIFIC PROVISIONS:
Section one: Sets the definitions for this section
Section two: Amends chapter 297 of the laws of 2016 which delineates the
areas of the board regions
Section 3: Amends chapter 57 of the laws of 2011 to delineate the
appointment of authority Section 4: Amends chapter 358 of the laws of 1961 to regarding board member expenses Section 5: Amend the alcohol beverage control law regarding removal of any member of the advisory board Section 6: Amends chapter 297 of the laws of 2016 regarding vacancies and how the position should be filled if such occurs Section 7: Amends chapter 118 of the laws of 2012 regarding officers, employees and offices Section 8: Addresses the advisory boards authority to appoint any neces- sary deputies, counsels, assistants, investigators and other employees Section 9: Addresses disqualification of members and employees of the authority Section 10 & 11: Amends chapter 118 of 2012 and chapter 83 of the laws of 1995 which regarding the powers of the authority Section 12 & 13: Amends chapter 118 of the laws of 2012 and chapter of 83 laws of 1995 regarding the powers and duties of the chairman advisory boards Section 14: Amends chapter 460 of the laws of 1971 regarding the oath of office Section 15 & 16: Amends chapter 108 of the laws of 2012 and chapter 384 of the laws of 2013 regarding authorization in the event of a natural disaster, act of God or continued adverse weather. Section 17 & 18: Amends chapter 185 of the laws of 2012 regarding the issuance of licenses within 500 ft Section 19-21: Amends chapter 185 of the laws of 2012 to include members of the advisory board with jurisdiction to be included when issuing licenses Section 22: Amends chapter 227 of the law of 2006 regarding authori- zation in the event of a natural disaster, act of God or continued adverse weather. Section 23: Sets the effective date JUSTIFICATION: Currently there is a lack of consistency in how applications are evalu- ated and resolved. Converting the system to regional boards will give applicants an opportunity to correspond with board members who are from their locals and aware of the communities they want to operate in. Addi- tionally, these regional boards will allow applicants to be fairly reviewed on variables distinct to their communities and be considered with their communities needs in mind. PRIOR LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined. EFFECTIVE DATE: This act shall take effect one year after it shall have become law.
2017-S7642 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7642
I N S E N A T E
February 2, 2018
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the alcoholic beverage control law, in relation to
establishing ten regional offices to oversee the state liquor authori-
ty
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 6 and 15 of section 3 of the alcoholic bever-
age control law, subdivision 6 as amended by chapter 83 of the laws of
1995, are amended to read as follows:
6. "Board" or "local board" or "appropriate board" or "board having
jurisdiction" shall mean the REGIONAL OFFICE OF THE state liquor author-
ity HAVING JURISDICTION.
15. "Liquor authority" and "authority" mean the REGIONAL OFFICE OF THE
state liquor authority HAVING JURISDICTION AS provided for in this chap-
ter.
§ 2. Section 10 of the alcoholic beverage control law, as amended by
chapter 297 of the laws of 2016, is amended to read as follows:
§ 10. State liquor authority. 1. There shall continue to be in the
executive department an alcoholic beverage control division, the head of
which shall be the state liquor authority [whose members shall consist
of a chairman and two commissioners, all of whom shall be citizens and
residents of the state] WHICH SHALL CONSIST OF TEN REGIONAL OFFICES
HAVING JURISDICTION OVER THE FOLLOWING COUNTIES:
(A) WESTERN NEW YORK, CONSISTING OF ALLEGANY, CATTARAUGUS, CHAUTAUQUA,
ERIE AND NIAGARA COUNTIES;
(B) FINGER LAKES, CONSISTING OF GENESEE, LIVINGSTON, MONROE, ONTARIO,
ORLEANS, SENECA, WAYNE, WYOMING AND YATES COUNTIES;
(C) SOUTHERN TIER, CONSISTING OF BROOME, CHEMUNG, CHENANGO, DELAWARE,
SCHUYLER, STEUBEN, TIOGA AND TOMPKINS COUNTIES;
(D) CENTRAL NEW YORK, CONSISTING OF CAYUGA, CORTLAND, MADISON, ONONDA-
GA AND OSWEGO COUNTIES;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14311-01-8 S. 7642 2 (E) MOHAWK VALLEY, CONSISTING OF FULTON, HERKIMER, MONTGOMERY, ONEIDA, OTSEGO AND SCHOHARIE COUNTIES; (F) NORTH COUNTRY, CONSISTING OF CLINTON, ESSEX, FRANKLIN, HAMILTON, JEFFERSON, LEWIS AND ST. LAWRENCE COUNTIES; (G) CAPITAL REGION, CONSISTING OF ALBANY, COLUMBIA, GREENE, SARATOGA, SCHENECTADY, RENSSELAER, WARREN AND WASHINGTON COUNTIES; (H) MID-HUDSON, CONSISTING OF DUTCHESS, ORANGE, PUTNAM, ROCKLAND, SULLIVAN, ULSTER AND WESTCHESTER COUNTIES; (I) NEW YORK CITY, CONSISTING OF BRONX, KINGS, NEW YORK, RICHMOND AND QUEENS COUNTIES; AND (J) LONG ISLAND, CONSISTING OF NASSAU AND SUFFOLK COUNTIES. 2. 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 REGIONAL OFFICE HAVING JURISDICTION AS provided for in this section. § 3. Section 11 of the alcoholic beverage control law, as amended by section 2 of part E of chapter 57 of the laws of 2011, is amended to read as follows: § 11. Appointment of authority. The [members of the authority shall be appointed by the governor by and with the advice and consent of the senate] HEAD OF EACH REGIONAL OFFICE SHALL BE AN ADVISORY BOARD CONSIST- ING OF FIVE MEMBERS. ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR, TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY. EACH MEMBER SHALL BE A RESIDENT OF THE REGION IN WHICH HE OR SHE IS APPOINTED. Not more than [two] THREE members of the authority shall belong to the same political party. [The chairman of the state alcoholic beverage control board heretofore appointed and designated by the gover- nor and the remaining members of such board heretofore appointed by the governor shall continue to serve as chairman and members of the authori- ty until the expiration of the respective terms for which they were appointed. Upon the expiration of such respective terms the successors of such chairman and members] MEMBERS OF EACH ADVISORY BOARD shall be appointed to serve for a term of three years each and until their successors have been appointed [and qualified]. The [commissioners, other than the chairman] MEMBERS OF EACH ADVISORY BOARD shall, when performing the work of the authority, be compensated at a rate of two hundred sixty dollars per day, together with an allowance for actual and necessary expenses incurred in the discharge of their duties. [The chairman shall receive an annual salary established in section one hundred sixty-nine of the executive law.] § 4. Section 12 of the alcoholic beverage control law, as amended by chapter 358 of the laws of 1961, is amended to read as follows: § 12. Expenses. Each member OF THE ADVISORY BOARDS OF THE REGIONAL OFFICES of the authority shall be entitled to his OR HER expenses actu- ally and necessarily incurred by him OR HER in the performance of his OR HER duties. § 5. Section 13 of the alcoholic beverage control law is amended to read as follows: § 13. Removal. Any member OF THE ADVISORY BOARDS OF THE REGIONAL OFFICES of the authority may be removed by the [governor] APPOINTING AUTHORITY for cause after an opportunity to be heard. A statement of the cause of his OR HER removal shall be filed by the [governor] APPOINTING AUTHORITY in the office of the secretary of state. S. 7642 3 § 6. Section 14 of the alcoholic beverage control law, as amended by chapter 297 of the laws of 2016, is amended to read as follows: § 14. Vacancies; quorum. 1. In the event of a vacancy caused by the death, resignation, removal or disability of any [commissioner] MEMBER OF AN ADVISORY BOARD, the vacancy shall be filled by the [governor by and with the advice and consent of the senate] APPOINTING AUTHORITY 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 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] AN ADVISORY BOARD shall constitute a quorum for the purpose of conducting the business thereof and a majority vote of all the members [in office] OF AN ADVI- SORY BOARD 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.] § 7. Section 15 of the alcoholic beverage control law, as amended by chapter 118 of the laws of 2012, is amended to read as follows: § 15. Officers; employees; offices. Investigators employed by the authority shall be deemed to be peace officers for the purpose of enforcing the provisions of this chapter or [judgements] JUDGMENTS 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 executive officer, assistant chief executive officers, confiden- tial secretaries to [commissioners and deputies] THE ADVISORY BOARDS OF THE REGIONAL OFFICES OF THE AUTHORITY shall be in the exempt class of the 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 the chairman may deem necessary.] S. 7642 4 § 8. Section 15 of the alcoholic beverage control law, as amended by chapter 83 of the laws of 1995 and the second undesignated paragraph as amended by section 1 of part F of chapter 411 of the laws of 1999, is amended to read as follows: § 15. Officers; employees; offices. The ADVISORY BOARDS OF THE REGIONAL OFFICES OF THE authority shall have power to appoint any neces- sary deputies, counsels, assistants, investigators, and other employees within the limits provided by appropriation. Investigators so employed by the [Authority] AUTHORITY shall be deemed to be peace officers for the purpose of enforcing the provisions of [the alcoholic beverage control law] THIS CHAPTER or [judgements] JUDGMENTS 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 executive officer, assistant chief executive officers, confidential secretaries to [commissioners and deputies] THE ADVISORY BOARDS OF THE REGIONAL OFFICES OF THE AUTHORITY shall be in the exempt class of the 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 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. § 9. Section 16 of the alcoholic beverage control law, as amended by chapter 731 of the laws of 1971, is amended to read as follows: § 16. Disqualification of members and employees of authority. No member of AN ADVISORY BOARD OF A REGIONAL OFFICE OF the authority or any officer, deputy, assistant, inspector or employee thereof shall have any interest, direct or indirect, either proprietary or by means of any loan, mortgage or lien, or in any other manner, in or on any premises where alcoholic beverages are manufactured or sold; nor shall he have any interest, direct or indirect, in any business wholly or partially devoted to the manufacture, sale, transportation or storage of alcoholic beverages, or own any stock in any corporation which has any interest, proprietary or otherwise, direct or indirect, in any premises where alcoholic beverages are manufactured or sold, or in any business wholly or partially devoted to the manufacture, sale, transportation or storage of alcoholic beverages, or receive any commission or profit whatsoever, direct or indirect, from any person applying for or receiving any license or permit provided for in this chapter, or hold any other public office in the state or in any political subdivision except upon the written permission of the liquor authority, such member of AN ADVISORY BOARD OF A REGIONAL OFFICE OF the authority or officer, deputy, assist- ant, inspector or employee thereof may hold the public office of notary public or member of a community board of education in the city school district of the city of New York. Any one who violates any of the provisions of this section shall be removed. § 10. Section 17 of the alcoholic beverage control law, as amended by chapter 118 of the laws of 2012 and subdivision 3 as amended by chapter 297 of the laws of 2016, is amended to read as follows: § 17. Powers of the authority. [The] EACH REGIONAL OFFICE OF THE authority shall have the following functions, powers and duties WITHIN S. 7642 5 THE COUNTIES IN WHICH IT HAS JURISDICTION: 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] ITS JURISDICTION, 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-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 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 S. 7642 6 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 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] ITS JURISDICTION. 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. 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. 7. To delegate the powers provided in this section to the chairman, or to such other officers or employees as may be designated by the [chair- man] ADVISORY BOARD. 8. To appoint such advisory groups and committees as it deems neces- sary to provide assistance to the authority to carry out the purposes and objectives of this chapter. 9. Upon receipt of a resolution adopted by a board of supervisors 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. § 11. Section 17 of the alcoholic beverage control law, as amended by chapter 83 of the laws of 1995, subdivision 3 as amended by section 4 of chapter 297 of the laws of 2016, 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, subdivision 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: § 17. Powers of the authority. [The] EACH REGIONAL OFFICE OF THE authority shall have the following functions, powers and duties WITHIN THE COUNTIES IN WHICH IT HAS JURISDICTION: 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] ITS JURISDICTION, 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, S. 7642 7 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, 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 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. 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 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] ITS JURISDICTION. S. 7642 8 6. 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. 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. 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 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] ADVISORY BOARD. 10. To appoint such advisory groups and committees as it deems neces- sary to provide assistance to the authority to carry out the purposes and objectives of this chapter. 11. Upon receipt of a resolution adopted by a board of supervisors 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. S. 7642 9 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 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; S. 7642 10 (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 (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. § 12. Section 18 of the alcoholic beverage control law, as amended by chapter 118 of the laws of 2012, is amended to read as follows: § 18. Powers and duties of the [chairman] ADVISORY BOARDS. [The chair- man] EACH ADVISORY BOARD OF A REGIONAL OFFICE 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] ITS REGIONAL OFFICE, including but not limited to budgetary and fiscal matters. 2. To preside at all meetings of [the authority] ITS REGIONAL OFFICE and perform the administrative functions of [the authority] SUCH OFFICE. 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] REGIONAL OFFICE 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 subdivision shall be subject to and in accordance with the civil service law. 5. To keep records in such form as [he or she] IT may prescribe of all licenses and permits issued and revoked within [the state] ITS JURISDIC- TION; 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 prem- S. 7642 11 ises. [The chairman] EACH ADVISORY BOARD 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] ITS JURISDICTION, for any license or permit year or term of years not exceeding five years. 6. To inspect or provide for the inspection of any premises where alcoholic beverages are manufactured or sold. 7. To prescribe forms of applications for licenses and permits under this chapter and of all reports deemed necessary [by the authority]. 8. To delegate to the officers and employees of [the authority] ITS REGIONAL OFFICE such [of his or her] powers and duties as [he or she] IT may determine. 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] REGIONAL OFFICE and shall take such other steps as it shall deem necessary and proper to shield its judicial processes from unwarranted and inappropri- ate 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 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] REGIONAL OFFICE WITH JURISDICTION shall provide for the issuance of certificates of approval to all certi- fied alcohol training awareness programs. Certificates of approval may be revoked by the [authority] REGIONAL OFFICE WITH JURISDICTION for failure to adhere to the [authority's] REGIONAL OFFICE'S rules and regu- lations. 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] REGIONAL OFFICE with each application for a certificate of approval or renewal certif- icate. The [authority] APPROPRIATE REGIONAL OFFICE 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 subdivision, [the authority] EACH REGIONAL OFFICE is empowered to require in connection with an application the submission of such information as the [authority] REGIONAL OFFICE 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 mainte- nance of such books and records as the [authority] REGIONAL OFFICE 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 S. 7642 12 an approved alcohol training awareness program. Such entity shall regu- larly transmit to the [authority] APPROPRIATE REGIONAL OFFICE the names, addresses and dates of attendance of all the licensees and employees of licensees who successfully complete an approved alcohol training aware- ness program. Such transmittal shall be in a form and manner prescribed by [the authority] SUCH REGIONAL OFFICE. [The authority] EACH REGIONAL OFFICE 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 certificates 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 alcoholic 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 certif- icate 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 off-premises consumption shall not be invalidated by a change of employment to another such licensee. A certificate of completion or renewal thereof issued by an entity author- ized to give and administer an alcohol training awareness program pursu- ant 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 employment 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 seventy-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 S. 7642 13 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] EACH OFFICE or of any reviewer employed by [the authority] EACH OFFICE; (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] REGIONAL OFFICE 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] EACH REGIONAL OFFICE as will improve its effec- tiveness 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. 15. For state fiscal year two thousand twelve--two thousand thirteen, [the authority] EACH REGIONAL OFFICE 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. § 13. Section 18 of the alcoholic beverage control law, as added by chapter 83 of the laws of 1995, is amended to read as follows: § 18. Powers and duties of the [chairman] ADVISORY BOARDS. [The chair- man] EACH ADVISORY BOARD OF A REGIONAL OFFICE 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] ITS REGIONAL OFFICE. 2. To preside at all meetings of the [authority] REGIONAL OFFICE and perform the administrative functions of [the authority] SUCH REGIONAL OFFICE. 3. To keep records in such form as [he] IT may prescribe of all licenses and permits issued and revoked within [the state] ITS JURISDIC- TION; 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 prem- ises. [The chairman] EACH ADVISORY BOARD 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 S. 7642 14 [the state or any political subdivision thereof] ITS JURISDICTION, for any license or permit year or term of years not exceeding five years. 4. To inspect or provide for the inspection of any premises where alcoholic beverages are manufactured or sold. 5. To prescribe forms of applications for licenses and permits under this chapter and of all reports deemed necessary [by the authority]. 6. To delegate to the officers and employees of [the division] ITS REGIONAL OFFICE such [of his] powers and duties as [he] IT may deter- mine. § 14. Section 19 of the alcoholic beverage control law, as amended by chapter 460 of the laws of 1971 and as renumbered by chapter 83 of the laws of 1995, is amended to read as follows: § 19. Oath of office. Each member of AN ADVISORY BOARD OF A REGIONAL OFFICE OF the authority shall, before entering upon his OR HER duties, take and file an oath of office as prescribed by section ten of the public officers law. § 15. Paragraphs (b) and (d) of subdivision 11 and paragraphs (b) and (d) of subdivision 12 of section 51-a of the alcoholic beverage control law, as added by chapter 108 of the laws of 2012, are amended to read as follows: (b) In the event that the commissioner of agriculture and markets, after investigating and compiling information pursuant to subdivision forty-two of section sixteen of the agriculture and markets law, deter- mines that a natural disaster, act of God, or continued adverse weather condition has destroyed much of the necessary ingredients for brewing beer, such commissioner, in consultation with the [chairman] ADVISORY BOARD of the authority WITH JURISDICTION, may give authorization to a duly licensed farm brewery to manufacture or sell beer produced from ingredients grown or produced outside this state. No such authorization shall be granted to a farm brewery licensee unless such licensee certi- fies to such commissioner the quantity of New York grown ingredients unavailable to such licensee due to such natural disaster, act of God or continuing adverse weather condition and satisfies such commissioner that reasonable efforts were made to obtain brewing ingredients from a New York state source for such beer making purpose. No farm brewery shall utilize an amount of out-of-state grown or produced ingredients exceeding the amount of New York grown ingredients that such brewery is unable to obtain due to the destruction of New York grown or produced ingredients by a natural disaster, act of God or continuing adverse weather condition as determined by the commissioner of agriculture and markets pursuant to this subdivision. For purposes of this subdivision, the department of agriculture and markets and the authority are author- ized to adopt rules and regulations as they may deem necessary to carry out the provisions of this subdivision which shall include ensuring that in manufacturing beer farm breweries utilize ingredients grown or produced in New York state to the extent they are reasonably available, prior to utilizing ingredients from an out-of-state source for such purpose. (d) In the event that the continuing effects of a natural disaster, act of God, or adverse weather condition which occurred prior to August twentieth of each year or the effects of a natural disaster, act of God, or adverse weather condition which occurs subsequent to August twentieth each year results in any ingredient loss which meets the standards provided in paragraph (b) of this subdivision, the commissioner of agri- culture and markets, in consultation with the [chairman] ADVISORY BOARD of the authority WITH JURISDICTION, may issue additional ingredient loss S. 7642 15 determinations and shall expeditiously make available to farm breweries and to the public each specific ingredient loss determination issued pursuant to this paragraph prior to October tenth of each year. (b) In the event that the commissioner of agriculture and markets, after investigating and compiling information pursuant to subdivision forty-two of section sixteen of the agriculture and markets law, deter- mines that a natural disaster, act of God, or continued adverse weather condition has destroyed much of the apple crop necessary for producing cider, such commissioner, in consultation with the [chairman] ADVISORY BOARD of the authority WITH JURISDICTION, may give authorization to a duly licensed farm brewery to manufacture or sell cider produced from apples grown outside this state. No such authorization shall be granted to a farm brewery licensee unless such licensee certifies to such commissioner the quantity of New York grown apples unavailable to such licensee due to such natural disaster, act of God or continuing adverse weather condition and satisfies such commissioner that reasonable efforts were made to obtain apples from a New York state source for such cider making purpose. No farm brewery shall utilize an amount of out-of- state grown apples exceeding the amount of New York grown apples that such brewery is unable to obtain due to the destruction of New York grown apples by a natural disaster, act of God or continuing adverse weather condition as determined by the commissioner of agriculture and markets pursuant to this subdivision. For purposes of this subdivision, the department of agriculture and markets and the authority are author- ized to adopt rules and regulations as they may deem necessary to carry out the provisions of this subdivision which shall include ensuring that in manufacturing cider farm breweries utilize apples grown in New York state to the extent they are reasonably available, prior to utilizing apples from an out-of-state source for such purpose. (d) In the event that the continuing effects of a natural disaster, act of God, or adverse weather condition which occurred prior to August twentieth of each year or the effects of a natural disaster, act of God, or adverse weather condition which occurs subsequent to August twentieth of each year results in any apple crop loss which meets the standards provided in paragraph (b) of this subdivision, the commissioner of agri- culture and markets, in consultation with the [chairman] ADVISORY BOARD of the authority WITH JURISDICTION, may issue additional apple crop loss determinations and shall expeditiously make available to farm breweries and to the public the loss determination issued pursuant to this para- graph prior to October tenth of each year. § 16. Paragraphs (b) and (d) of subdivision 11 of section 58-c of the alcoholic beverage control law, as added by chapter 384 of the laws of 2013, are amended to read as follows: (b) In the event that the commissioner of agriculture and markets, after investigating and compiling information pursuant to subdivision forty-two of section sixteen of the agriculture and markets law, deter- mines that a natural disaster, act of God, or continued adverse weather condition has destroyed much of the apple crop necessary for producing cider, such commissioner, in consultation with the [chairman] ADVISORY BOARD of the authority WITH JURISDICTION, may give authorization to a duly licensed farm cidery to manufacture or sell cider produced from apples grown outside this state. No such authorization shall be granted to a farm cidery licensee unless such licensee certifies to such commis- sioner the quantity of New York grown apples unavailable to such licen- see due to such natural disaster, act of God or continuing adverse weather condition and satisfies such commissioner that reasonable S. 7642 16 efforts were made to obtain apples from a New York state source for such cider making purpose. No farm cidery shall utilize an amount of out-of- state grown apples exceeding the amount of New York grown apples that such cidery is unable to obtain due to the destruction of New York grown apples by a natural disaster, act of God or continuing adverse weather condition as determined by the commissioner of agriculture and markets pursuant to this subdivision. For purposes of this subdivision, the department of agriculture and markets and the authority are authorized to adopt rules and regulations as they may deem necessary to carry out the provisions of this subdivision which shall include ensuring that in manufacturing cider farm cideries utilize apples grown in New York state to the extent they are reasonably available, prior to utilizing apples from an out-of-state source for such purpose. (d) In the event that the continuing effects of a natural disaster, act of God, or adverse weather condition which occurred prior to August twentieth of each year or the effects of a natural disaster, act of God, or adverse weather condition which occurs subsequent to August twentieth of each year results in any apple crop loss which meets the standards provided in paragraph (b) of this subdivision, the commissioner of agri- culture and markets, in consultation with the [chairman] ADVISORY BOARD of the authority WITH JURISDICTION, may issue additional apple crop loss determinations and shall expeditiously make available to farm cideries and to the public the loss determination issued pursuant to this para- graph prior to October tenth of each year. § 17. Paragraph (f) of subdivision 7 of section 64 of the alcoholic beverage control law, as amended by chapter 185 of the laws of 2012, is amended to read as follows: (f) Notwithstanding the provisions of paragraph (b) of this subdivi- sion, the authority may issue a license pursuant to this section for a premises which shall be within five hundred feet of three or more exist- ing premises licensed and operating pursuant to this section and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article if, after consultation with the municipality or communi- ty board, it determines that granting such license would be in the public interest. Before it may issue any such license, the authority shall conduct a hearing, upon notice to the applicant and the munici- pality or community board, and shall state and file in its office its reasons therefor. The hearing may be rescheduled, adjourned or contin- ued, and the authority shall give notice to the applicant and the muni- cipality or community board of any such rescheduled, adjourned or continued hearing. Before the authority issues any said license, the authority or one or more of the [commissioners] MEMBERS OF THE ADVISORY BOARD WITH JURISDICTION thereof may, in addition to the hearing required by this paragraph, also conduct a public meeting regarding said license, upon notice to the applicant and the municipality or community board. The public meeting may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued public meeting. Notice to the municipality or community board shall mean writ- ten notice mailed by the authority to such municipality or community board at least fifteen days in advance of any hearing scheduled pursuant to this paragraph. Upon the request of the authority, any municipality or community board may waive the fifteen day notice requirement. No premises having been granted a license pursuant to this section shall be denied a renewal of such license upon the grounds that such premises are within five hundred feet of a building or buildings wherein three or S. 7642 17 more premises are licensed and operating pursuant to this section and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article. § 18. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic beverage control law, as amended by chapter 185 of the laws of 2012, is amended to read as follows: (d) Notwithstanding the provisions of subparagraph (ii) of paragraph (a) of this subdivision, the authority may issue a license pursuant to this section for a premises which shall be within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article if, after consultation with the munici- pality or community board, it determines that granting such license would be in the public interest. Before it may issue any such license, the authority shall conduct a hearing, upon notice to the applicant and the municipality or community board, and shall state and file in its office its reasons therefor. Notice to the municipality or community board shall mean written notice mailed by the authority to such munici- pality or community board at least fifteen days in advance of any hear- ing scheduled pursuant to this paragraph. Upon the request of the authority, any municipality or community board may waive the fifteen day notice requirement. The hearing may be rescheduled, adjourned or contin- ued, and the authority shall give notice to the applicant and the muni- cipality or community board of any such rescheduled, adjourned or continued hearing. Before the authority issues any said license, the authority or one or more of the [commissioners] MEMBERS OF THE ADVISORY BOARD WITH JURISDICTION thereof may, in addition to the hearing required by this paragraph, also conduct a public meeting regarding said license, upon notice to the applicant and the municipality or community board. The public meeting may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued public meeting. No premises having been granted a license pursuant to this section shall be denied a renewal of such license upon the grounds that such premises are within five hundred feet of a building or buildings wherein three or more premises are licensed and operating pursuant to this section and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article. § 19. Paragraph (c) of subdivision 5 of section 64-b of the alcoholic beverage control law, as amended by chapter 185 of the laws of 2012, is amended to read as follows: (c) Notwithstanding the provisions of subparagraph (ii) of paragraph (a) of this subdivision, the authority may issue a license pursuant to this section for a premises which shall be within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d of this article if, after consultation with the munici- pality or community board, it determines that granting such license would be in the public interest. Before it may issue any such license, the authority shall conduct a hearing, upon notice to the applicant and the municipality or community board, and shall state and file in its office its reasons therefor. The hearing may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued hearing. Before the authority issues any said license, the authority or one or more of the [commissioners] MEMBERS OF THE ADVISORY S. 7642 18 BOARD WITH JURISDICTION thereof may, in addition to the hearing required by this paragraph, also conduct a public meeting regarding said license, upon notice to the applicant and the municipality or community board. The public meeting may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued public meeting. Notice to the municipality or community board shall mean writ- ten notice mailed by the authority to such municipality or community board at least fifteen days in advance of any hearing scheduled pursuant to this paragraph. Upon the request of the authority, any municipality or community board may waive the fifteen day notice requirement. No premises having been granted a license pursuant to this section shall be denied a renewal of such license upon the grounds that such premises are within five hundred feet of a building or buildings wherein three or more premises are licensed and operating pursuant to this section and sections sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d of this article. § 20. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic beverage control law, as amended by chapter 185 of the laws of 2012, is amended to read as follows: (c) Notwithstanding the provisions of subparagraph (ii) of paragraph (a) of this subdivision, the authority may issue a license pursuant to this section for a premises which shall be within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of this article if, after consultation with the munici- pality or community board, it determines that granting such license would be in the public interest. Before it may issue any such license, the authority shall conduct a hearing, upon notice to the applicant and the municipality or community board, and shall state and file in its office its reasons therefor. The hearing may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued hearing. Before the authority issues any said license, the authority or one or more of the [commissioners] MEMBERS OF THE ADVISORY BOARD WITH JURISDICTION thereof may, in addition to the hearing required by this paragraph, also conduct a public meeting regarding said license, upon notice to the applicant and the municipality or community board. The public meeting may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued public meeting. Notice to the municipality or community board shall mean writ- ten notice mailed by the authority to such municipality or community board at least fifteen days in advance of any hearing scheduled pursuant to this paragraph. Upon the request of the authority, any municipality or community board may waive the fifteen day notice requirement. No premises having been granted a license pursuant to this section shall be denied a renewal of such license upon the grounds that such premises are within five hundred feet of a building or buildings wherein three or more premises are operating and licensed pursuant to this section or sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of this article. § 21. Paragraph (e) of subdivision 8 of section 64-d of the alcoholic beverage control law, as amended by chapter 185 of the laws of 2012, is amended to read as follows: S. 7642 19 (e) notwithstanding the provisions of paragraph (b) of this subdivi- sion, the authority may issue a license pursuant to this section for a premises which shall be within five hundred feet of an existing premises licensed and operating pursuant to the provisions of this section or within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four, sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if, after consultation with the municipality or community board, it deter- mines that granting such license would be in the public interest. Before it may issue any such license, the authority shall conduct a hearing, upon notice to the applicant and the municipality or community board, and shall state and file in its office its reasons therefor. The hearing may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued hearing. Before the authority issues any said license, the authority or one or more of the [commissioners] MEMBERS OF THE ADVISORY BOARD WITH JURISDICTION thereof may, in addition to the hearing required by this paragraph, also conduct a public meeting regarding said license, upon notice to the applicant and the municipality or community board. The public meeting may be rescheduled, adjourned or continued, and the authority shall give notice to the applicant and the municipality or community board of any such rescheduled, adjourned or continued public meeting. Notice to the municipality or community board shall mean written notice mailed by the authority to such municipality or community board at least fifteen days in advance of any hearing scheduled pursuant to this paragraph. Upon the request of the authority, any municipality or community board may waive the fifteen day notice requirement. No premises having been granted a license pursuant to this section shall be denied a renewal of such license upon the grounds that such premises are within five hundred feet of an existing premises licensed and operating pursuant to the provisions of this section or within five hundred feet of a building or buildings wherein three or more premises are licensed and operating pursuant to this section and sections sixty-four, sixty-four-a, sixty- four-b, and/or sixty-four-c of this article. § 22. Paragraphs (b) and (d) of subdivision 5 of section 76-a of the alcoholic beverage control law, paragraph (b) as amended and paragraph (d) as added by chapter 227 of the laws of 2006, are amended to read as follows: (b) In the event that the commissioner of agriculture and markets, after investigating and compiling information pursuant to subdivision forty-two of section sixteen of the agriculture and markets law, deter- mines that a natural disaster, act of God, or continued adverse weather condition has destroyed no less than forty percent of a specific grape varietal grown or produced in New York state and used for winemaking, the commissioner, in consultation with the [chairman] ADVISORY BOARD of the state liquor authority WITH JURISDICTION, may give authorization to a duly licensed farm winery to manufacture or sell wine produced from grapes grown outside this state. No such authorization shall be granted to a farm winery licensee unless such licensee certifies to the commis- sioner the quantity of New York grown grapes unavailable to such licen- see due to such natural disaster, act of God or continuing adverse weather condition and satisfies the commissioner that reasonable efforts were made to obtain grapes from a New York state source for such wine making purpose. No farm winery shall utilize an amount of out-of-state grown grapes or juice exceeding the amount of New York grown grapes that S. 7642 20 such winery is unable to obtain due to the destruction of New York grown grapes by a natural disaster, act of God or continuing adverse weather condition as determined by the commissioner of agriculture and markets pursuant to this subdivision. For purposes of this subdivision, the department of agriculture and markets and the state liquor authority are authorized to adopt rules and regulations as they may deem necessary to carry out the provisions of this subdivision which shall include ensur- ing that in manufacturing wine farm wineries utilize grapes grown or produced in New York state to the extent they are reasonably available, prior to utilizing grapes or juice from an out-of-state source for such purpose. (d) In the event that the continuing effects of a natural disaster, act of God, or adverse weather condition which occurred prior to August twentieth of each year or the effects of a natural disaster, act of God, or adverse weather condition which occurs subsequent to August twentieth each year results in any grape varietal loss which meets the standards provided in paragraph (b) of this subdivision, the commissioner of agri- culture and markets, in consultation shall with the [chairman] ADVISORY BOARD of the state liquor authority WITH JURISDICTION, may issue addi- tional grape varietal loss determinations and shall expeditiously make available to farm wineries and to the public each specific grape varie- tal loss determination issued pursuant to this paragraph prior to Octo- ber tenth of each year. § 23. This act shall take effect one year after it shall have become a law; provided, however, that: (a) the amendments to section 15 of the alcoholic beverage control law made by section seven 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 eight of this act shall take effect; (b) the amendments to section 17 of the alcoholic beverage control law made by section ten 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 eleven of this act shall take effect; (c) the amendments to section 18 of the alcoholic beverage control law made by section twelve 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 thirteen of this act shall take effect; and (d) effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
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