S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10264
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gonzalez-Ro-
   jas)  --  read once and referred to the Committee on Economic Develop-
   ment
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   providing   for   alternative  penalties  for  violations  of  certain
   provisions of the alcoholic beverage control law

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  118  of  the  alcoholic  beverage control law is
 amended by adding a new subdivision 7 to read as follows:
   7. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR SUBDIVI-
 SION SIX OF THIS SECTION, IN LIEU  OF  COMMENCEMENT  OF  A  DISCIPLINARY
 PROCEEDING  AGAINST A LICENSEE OR PERMITTEE, THE AUTHORITY SHALL PROVIDE
 A CURE PERIOD OF NINETY DAYS AND AN OPPORTUNITY FOR AMELIORATIVE  ACTION
 IF  A  LICENSEE OR PERMITTEE VIOLATES ONE OF THE FOLLOWING PROVISIONS OF
 LAW: (I) SUBDIVISION TWO OF SECTION SIXTY-FIVE-D OF THIS  CHAPTER;  (II)
 SUBDIVISION  TWO  OF  SECTION  ONE HUNDRED FIVE-B OF THIS ARTICLE; (III)
 SUBDIVISION SIX OF SECTION ONE HUNDRED FOURTEEN OF  THIS  ARTICLE;  (IV)
 SUBDIVISION  TWELVE  OF  SECTION  ONE  HUNDRED  SIX OF THIS ARTICLE; (V)
 SUBDIVISION THREE OR SUBDIVISION NINE OF SECTION ONE HUNDRED SIX OF THIS
 ARTICLE; (VI) 9 NYCRR 48.3; (VII) 9 NYCRR 53.1(P); OR  (VIII)  ANY  LAW,
 RULE  OR REGULATION WHICH PROHIBITS THE PRE-BATCHING OF ALCOHOLIC BEVER-
 AGES OR SANGRIA.
   (B) UPON SUCH VIOLATION, THE AUTHORITY SHALL (I) PROVIDE THE  LICENSEE
 A WRITTEN WARNING AND A COPY OF THE APPLICABLE LAW OR RULE AND ANY OTHER
 HELPFUL  GUIDANCE  OR  INFORMATION  EXPLAINING  SUCH LAW OR RULE, TO THE
 EXTENT SUCH MATERIALS EXIST, IN ENGLISH AND ANY OTHER LANGUAGES  OF  THE
 LICENSEE  AS KNOWN TO THE AUTHORITY, AND (II) TO THE EXTENT PRACTICABLE,
 PROVIDE SUCH LICENSEE ASSISTANCE WITH COMPLIANCE WITH  THE  LAW  OR  THE
 AUTHORITY'S  RULES.  ALL  WRITTEN  COMMUNICATIONS TO A LICENSEE SHALL BE
 THROUGH MAIL AND ELECTRONIC COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO
 EMAIL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15471-01-2
 A. 10264                            2
              

 
   § 2. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
 law,  as  amended  by  section  8 of chapter 522 of the laws of 2018, 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] FIVE 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  thirty,  thirty-one,
 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] FIVE 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 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 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 judg-
 ment. If full payment shall not have been received by the division with-
 in 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
 A. 10264                            3
 
 judgment entered pursuant to this subdivision shall remain in full force
 and effect for eight years notwithstanding any other provision of law.
   §  3.  Subdivision  3  of section 17 of the alcoholic beverage control
 law, as amended by section 9 of chapter 522 of  the  laws  of  2018,  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] FIVE 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  thirty,  thirty-one,
 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] FIVE 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 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 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 judg-
 ment. If full payment shall not have been received by the division with-
 in 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
 A. 10264                            4
 
 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.  This  act shall take effect on the ninetieth day after it shall
 have become a law, provided that the amendments to  section  17  of  the
 alcoholic  beverage control law made by section two 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 three of this act shall take effect.