S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1016
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the alcoholic beverage control law, in relation to post-
   ing of certain signs on premises that sell alcoholic beverages
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  105-b  of the alcoholic beverage control law, as
 added by chapter 57 of the laws of 1991 and subdivision 4 as amended  by
 chapter 731 of the laws of 1991, is amended to read as follows:
   § 105-b. Posting  of  certain  signs.  1. The authority shall prepare,
 have printed and distribute across the  state  to  all  persons  with  a
 license  to  sell any alcoholic beverage for consumption on the premises
 or a license to sell any alcoholic  beverage  for  consumption  off  the
 premises,  a  sign  or  poster  with  conspicuous lettering that states:
 "Government Warning: According to the Surgeon General, women should  not
 drink  alcoholic beverages during pregnancy because of the risk of birth
 defects".  Such sign or poster must have  conspicuous  lettering  in  at
 least seventy-two point bold face type that states the warning set forth
 in  this subdivision, except that such sign or poster shall be captioned
 with the word "warning" in at least two inch lettering.
   2. All persons with a license  to  sell  any  alcoholic  beverage  for
 consumption  on the premises or a license to sell any alcoholic beverage
 for consumption off the premises shall display in  a  conspicuous  place
 the sign or poster upon receiving it from the authority. Such sign shall
 be  placed  as  close as possible to the place where alcoholic beverages
 are sold.
   3. ALL PERSONS WITH A LICENSE  TO  SELL  ANY  ALCOHOLIC  BEVERAGE  FOR
 CONSUMPTION  ON THE PREMISES OR A LICENSE TO SELL ANY ALCOHOLIC BEVERAGE
 FOR CONSUMPTION OFF THE PREMISES SHALL DISPLAY IN A CONSPICUOUS PLACE  A
 SIGN  OR  POSTER  WITH  INFORMATION  ON THE AUTHORITY'S PHONE NUMBER AND
 WEBSITE TO REPORT A COMPLAINT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01393-01-9

 A. 1016                             2
 
   4. Any person with such license who violates the  provisions  of  this
 section  shall  be subject to a civil penalty, not to exceed one hundred
 dollars for each day of violation.
   [4.]5.  Compliance  with the provisions of any local law requiring the
 posting of  signs  containing  warnings  regarding  alcoholic  beverages
 enacted  on  or  before the date on which the provisions of this section
 shall have become a law, shall be deemed to be in  compliance  with  the
 provisions  of this section. Nothing contained herein, however, shall be
 deemed to exempt any licensee not otherwise subject to the provisions of
 any such local law from complying with the provisions of this section.
   § 2. Subdivision 2 of section 131 of the  alcoholic  beverage  control
 law,  as added by section 1 of part J of chapter 56 of the laws of 2006,
 is amended to read as follows:
   2. (A) In any case where the authority receives notification from  the
 mayor,  chief of police, police commissioner, sheriff, or local legisla-
 tive body of any city, town or village which  certifies  that  continued
 operation  of an on-premises establishment poses a significant threat to
 the public health, safety, or welfare requiring  immediate  action,  the
 authority  shall  assign  responsibility for conducting an investigation
 concerning such premises to the task force. In the city of New York, the
 community board established pursuant to section twenty-eight hundred  of
 the  New York city charter with jurisdiction over the area in which such
 premises is located shall be considered the appropriate  local  legisla-
 tive body.
   (B)  IN  ANY  CASE  WHERE  THE  AUTHORITY RECEIVES A PHONE CALL TO THE
 REPORTING HOTLINE OR A SUBMISSION FROM THE AUTHORITY'S WEBSITE COMPLAINT
 FORM, THE AUTHORITY SHALL REVIEW THE SUBMISSION AND  MAKE  A  REASONABLE
 DETERMINATION  WHETHER  TO  OPEN  A TASK FORCE INVESTIGATION OR NOT. THE
 COMPLAINT WEBSITE SHALL BE READILY AND  EASILY  ACCESSIBLE  THROUGH  THE
 AUTHORITY'S  OFFICIAL STATE AGENCY WEBSITE. THE WEBSITE SHALL HAVE INPUT
 FIELDS TO ENTER CONTACT INFORMATION OF COMPLAINANT, BUT WILL NOT REQUIRE
 THESE FIELDS SO THAT THE FORM MAY BE SUBMITTED ANONYMOUSLY AS WELL.
   § 3. This act shall take effect immediately.