S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7529
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   establishing a brand owner's license
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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 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, SIXTY-ONE-C, seventy-six,  seven-
 ty-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 consump-
 tion 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11143-02-3
              

 A. 7529                             2
 
 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
 judgment entered pursuant to this subdivision shall remain in full force
 and effect for eight years notwithstanding any other provision of law.
   § 2. 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  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, SIXTY-ONE-C, seventy-six, seven-
 ty-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 consump-
 tion at home, and the sum of one hundred thousand dollars as against the
 A. 7529                             3
 
 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
 judgment entered pursuant to this subdivision shall remain in full force
 and effect for eight years notwithstanding any other provision of law.
   § 3. The alcoholic beverage control law is amended  by  adding  a  new
 section 61-c to read as follows:
   §  61-C. BRAND OWNER'S LICENSE. ANY PERSON WITH A FEDERAL BASIC PERMIT
 MAY APPLY TO THE LIQUOR AUTHORITY FOR  A  BRAND  OWNER'S  LICENSE.  SUCH
 LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO:
   1.  CONTRACT  WITH  A  LICENSED MANUFACTURER OF ALCOHOLIC BEVERAGES IN
 THIS STATE FOR THE PURPOSES OF MANUFACTURING SUCH PRODUCTS;
   2. APPOINT A LICENSED WHOLESALER AUTHORIZED TO SELL AND DELIVER  ALCO-
 HOLIC  BEVERAGES IN THIS STATE AS EXCLUSIVE BRAND AGENT FOR THE PURPOSES
 OF SOLICITING, NEGOTIATING, AND RECEIVING PAYMENTS FOR THE SALE OF ALCO-
 HOLIC BEVERAGES TO RETAIL  LICENSEES  FOR  ON-PREMISES  OR  OFF-PREMISES
 CONSUMPTION; AND
   3. SELL SUCH ALCOHOLIC BEVERAGES TO LICENSED WHOLESALERS AUTHORIZED TO
 SELL  AND  DELIVER ALCOHOLIC BEVERAGES IN THIS STATE APPOINTED AS EXCLU-
 SIVE BRAND AGENT AND BE REMITTED PAYMENTS FOR SUCH SALES.
   § 4. Section 66 of the alcoholic beverage control law  is  amended  by
 adding a new subdivision 3-b to read as follows:
   3-B.  THE  ANNUAL FEE FOR A BRAND OWNER'S LICENSE SHALL BE ONE HUNDRED
 TWENTY-FIVE DOLLARS.
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments to subdivision 3 of section 17 of the alcoholic beverage
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 control law made by section one of this act  shall  be  subject  to  the
 expiration  and reversion of such section pursuant to section 4 of chap-
 ter 118 of the laws of 2012, as amended, when upon such date section two
 of this act shall take effect.