S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1164

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Economic Development

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  training of applicants, licensees and servers of alcoholic  beverages;
  and to repeal certain provisions of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 12 of section  17  of  the  alcoholic  beverage
control law, as amended by chapter 549 of the laws of 2001, is REPEALED.
  S  2.  Subdivision  10 of section 18 of the alcoholic beverage control
law is REPEALED.
  S 3. The alcoholic beverage control law is amended  by  adding  a  new
section 18-a to read as follows:
  S  18-A.  ALCOHOL  TRAINING  AWARENESS PROGRAMS. 1. THE CHAIRMAN SHALL
DEVELOP AND ESTABLISH  MINIMUM  CRITERIA  FOR  RETAIL  LICENSEE  ALCOHOL
TRAINING AWARENESS PROGRAMS AND SERVER ALCOHOL AWARENESS.
  (A)  SUCH  CRITERIA  SHALL  INCLUDE  THE  MINIMUM REQUIREMENTS FOR THE
CURRICULUM OF LICENSE AND SERVER TRAINING PROGRAMS. THERE SHALL BE SEPA-
RATE SERVER TRAINING PROGRAMS FOR EMPLOYEES OF ON-PREMISES AND OFF-PREM-
ISES RETAIL LICENSEES.
  (B)  SUCH  CRITERIA  SHALL  INCLUDE  THE  FORM  OF  A  CERTIFICATE  OF
COMPLETION  OR RENEWAL THEREOF TO BE ISSUED IN RESPECT TO EACH SUCH TYPE
OF PROGRAM.
  (C) RETAIL LICENSEE PROGRAMS SHALL INCLUDE, BUT SHALL NOT  BE  LIMITED
TO,  TRAINING ON THE PREVENTION OF SALES AND SERVICE OF ALCOHOLIC BEVER-
AGES TO PERSONS UNDER THE AGE OF TWENTY-ONE AND INTOXICATED PATRONS, AND
OPERATING THE LICENSED PREMISES IN COMPLIANCE WITH THIS CHAPTER AND  THE
RULES OF THE AUTHORITY.
  (D) SERVER PROGRAMS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, TRAIN-
ING  ON  THE  PREVENTION  OF SALES AND SERVICE OF ALCOHOLIC BEVERAGES TO
PERSONS UNDER THE AGE OF TWENTY-ONE AND INTOXICATED PATRONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01776-01-5
              

A. 1164                             2

  2. SUCH PROGRAMS MAY BE GIVEN AND ADMINISTERED BY THE AUTHORITY OR ANY
PERSON, PARTNERSHIP, LIMITED LIABILITY COMPANY OR CORPORATION  THAT  HAS
BEEN ISSUED A CERTIFICATE OF APPROVAL BY THE AUTHORITY.
  3.  THE  AUTHORITY  SHALL PROVIDE FOR THE TRAINING OF, AND ISSUANCE OF
CERTIFICATES OF APPROVAL TO, ALL CERTIFIED TRAINING PROVIDERS.
  (A) CERTIFICATES OF APPROVAL MAY BE REVOKED BY THE AUTHORITY FOR FAIL-
URE 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.
  (B)  A  FEE IN THE AMOUNT OF NINE HUNDRED DOLLARS SHALL BE PAID TO THE
AUTHORITY WITH EACH APPLICATION FOR  A  CERTIFICATE  OF  APPROVAL  OR  A
RENEWAL  CERTIFICATE. THE AUTHORITY SHALL PROMPTLY REFUND SUCH FEE TO AN
APPLICANT WHOSE APPLICATION WAS DENIED.
  (C) EACH CERTIFICATE OF APPROVAL OR RENEWAL THEREOF  SHALL  BE  ISSUED
FOR A PERIOD OF THREE YEARS.
  4.  THE  CERTIFIED  TRAINING  PROVIDER  SHALL  ISSUE  CERTIFICATES  OF
COMPLETION TO ALL PARTICIPANTS WHO  SUCCESSFULLY  COMPLETE  AN  APPROVED
PROGRAM.
  (A)  EACH  CERTIFICATE  OF  COMPLETION  SHALL BE VALID FOR A PERIOD OF
THREE YEARS FROM THE DATE OF THE TRAINING PROGRAM.
  (B) ATTENDANCE AT ANY TRAINING PROGRAM ESTABLISHED  PURSUANT  TO  THIS
SECTION  SHALL  BE IN PERSON, THROUGH LONG DISTANCE LEARNING METHODS, OR
THROUGH AN INTERNET-BASED ONLINE PROGRAM.
  (C) THE AUTHORITY OR THE CERTIFIED TRAINING PROVIDER MAY CHARGE A  FEE
NOT  TO  EXCEED  ONE  HUNDRED  DOLLARS TO A PARTICIPANT FOR ANY LICENSEE
PROGRAM; AND  TWENTY-FIVE  DOLLARS  TO  A  PARTICIPANT  FOR  ANY  SERVER
PROGRAM.
  (D) EACH CERTIFIED TRAINING PROVIDER SHALL TRANSMIT A QUARTERLY REPORT
TO  THE  AUTHORITY  WITH THE NAMES, ADDRESSES AND DATES OF ATTENDANCE OF
ALL THE INDIVIDUALS WHO SUCCESSFULLY COMPLETED AN APPROVED PROGRAM. SUCH
TRANSMITTAL SHALL BE IN A FORM AND MANNER PRESCRIBED BY THE AUTHORITY.
  5. A CERTIFICATE OF COMPLETION ISSUED BY A CERTIFIED TRAINING PROVIDER
ADMINISTERING A SERVER  TRAINING  AWARENESS  PROGRAM  PURSUANT  TO  THIS
SECTION:
  (A)  TO  EMPLOYEES OF LICENSEES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES
AT RETAIL FOR OFF-PREMISES CONSUMPTION SHALL NOT  BE  INVALIDATED  BY  A
CHANGE OF EMPLOYMENT TO ANOTHER SUCH LICENSEE; AND
  (B) TO EMPLOYEES OF LICENSES AUTHORIZED TO SELL ALCOHOLIC BEVERAGES AT
RETAIL  FOR ON-PREMISES CONSUMPTION SHALL NOT BE INVALIDATED BY A CHANGE
OF EMPLOYMENT TO ANOTHER SUCH LICENSEE.
  6. TO EFFECTUATE THE PROVISIONS OF  THIS  SECTION,  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 SECTION; AND TO PROMULGATE SUCH RULES AS MAY BE NECESSARY TO
CARRY OUT THE PURPOSE OF THIS SECTION.
  S  4.  Paragraph  (b)  of subdivision 6 of section 65 of the alcoholic
beverage control law, as amended by chapter 435 of the laws of 2010,  is
amended to read as follows:
  (b)  it  shall  be  an  affirmative  defense  that at the time of such
violation such person who committed such alleged violation held a  valid
certificate  of  completion  [or  renewal] from [an entity authorized to

A. 1164                             3

give and administer an] A CERTIFIED TRAINING PROVIDER FOR A LICENSEE  OR
SERVER  alcohol  training  awareness  program  [pursuant  to subdivision
twelve of] AS PROVIDED FOR IN section  [seventeen]  EIGHTEEN-A  of  this
chapter.  Such  licensee  shall have diligently implemented and complied
with all of the provisions of the approved  training  program.  In  such
proceeding  to  revoke,  cancel or suspend a license pursuant to section
one hundred eighteen of this  chapter,  the  licensee  must  prove  each
element  of  such affirmative defense by a preponderance of the credible
evidence.  Evidence of three unlawful sales of  alcoholic  beverages  by
any  employee  of  a  licensee to persons under twenty-one years of age,
within a two year period, shall be considered by the authority in deter-
mining whether the licensee had diligently implemented such an  approved
program.
  S  5.  Subdivision  7  of section 65 of the alcoholic beverage control
law, as added by chapter 435 of the laws of 2010, is amended to read  as
follows:
  7.  In any proceeding pursuant to section one hundred eighteen of this
chapter to revoke, cancel or suspend a license to sell alcoholic  bever-
ages,  in  which proceeding a charge is sustained that a person violated
subdivision one or two of this section and the licensee has not had  any
adjudicated violation of this chapter at the licensed premises where the
violation occurred within the previous five year period; and
  (a)  at  the  time  of  such  violation the person that committed such
violation held a valid certificate of completion [or renewal]  from  [an
entity  authorized  to  give  and  administer  an]  A CERTIFIED TRAINING
PROVIDER FOR A LICENSEE OR SERVER  alcohol  training  awareness  program
[pursuant  to  subdivision twelve of] AS PROVIDED FOR IN section [seven-
teen] EIGHTEEN-A of this chapter, the  civil  penalty  related  to  such
offense  shall  be  recovery  of, as provided for in section one hundred
twelve of this chapter, the penal sum of the bond  on  file  during  the
period in which the violation took place; or
  (b) at the time of such violation the licensee has not had any adjudi-
cated  violations  of  this  chapter  at the licensed premises where the
violation occurred within the  previous  five  year  period,  any  civil
penalty  imposed shall be reduced by twenty-five percent if the licensee
submits written proof, within ninety days  of  the  imposition  of  such
civil  penalty,  that  all  of  the licensee's employees involved in the
direct sale or service of alcoholic  beverages  to  the  public  at  the
licensed  premises  where  the  violation occurred have obtained a valid
certificate of completion [or renewal] from  [an  entity  authorized  to
give  and administer an] A CERTIFIED TRAINING PROVIDER FOR A LICENSEE OR
SERVER alcohol  training  awareness  program  [pursuant  to  subdivision
twelve  of]  AS  PROVIDED  FOR IN section [seventeen] EIGHTEEN-A of this
chapter.
  For the purposes of this subdivision, the five year  period  shall  be
measured from the dates that the violations occurred.
  S  6.  The  alcoholic  beverage control law is amended by adding a new
section 106-c to read as follows:
  S 106-C. REQUIRED TRAINING FOR ON-PREMISES LICENSEES AND EMPLOYEES. 1.
EVERY LICENSEE HOLDING A LICENSE UNDER SECTION FIFTY-FIVE, FIFTY-FIVE-A,
EIGHTY-ONE,  EIGHTY-ONE-A,   SIXTY-FOUR,   SIXTY-FOUR-A,   SIXTY-FOUR-B,
SIXTY-FOUR-C  OR  SIXTY-FOUR-D  OF  THIS CHAPTER SHALL HAVE A PERSON WHO
HOLDS A VALID CERTIFICATE OF COMPLETION FROM AN APPROVED LICENSEE  ALCO-
HOL  AWARENESS TRAINING PROGRAM AS PROVIDED FOR IN SECTION EIGHTEEN-A OF
THIS CHAPTER.

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  (A) IN THE CASE OF AN INDIVIDUAL HOLDING A LICENSE, SUCH PERSON  SHALL
BE THE LICENSEE;
  (B)  IN THE CASE OF A PARTNERSHIP HOLDING A LICENSE, SUCH PERSON SHALL
BE ONE OF THE PARTNERS;
  (C) IN THE CASE OF A CORPORATION HOLDING A LICENSE, SUCH PERSON  SHALL
BE ONE OF THE OFFICERS OR DIRECTORS; AND
  (D)  IN  THE CASE OF A LIMITED LIABILITY COMPANY, SUCH PERSON SHALL BE
ONE OF THE MEMBERS.
  2. (A) NO LICENSEE HOLDING A LICENSE UNDER SECTION FIFTY-FIVE,  FIFTY-
FIVE-A,     EIGHTY-ONE,    EIGHTY-ONE-A,    SIXTY-FOUR,    SIXTY-FOUR-A,
SIXTY-FOUR-B, SIXTY-FOUR-C OR SIXTY-FOUR-D OF THIS CHAPTER SHALL  EMPLOY
A PERSON TO PERFORM ANY OF THE FOLLOWING DUTIES UNLESS SUCH PERSON HOLDS
A VALID CERTIFICATE OF COMPLETION FROM AN APPROVED SERVER ALCOHOL AWARE-
NESS  TRAINING  PROGRAM  AS  PROVIDED  FOR IN SECTION EIGHTEEN-A OF THIS
CHAPTER:
  (I) ANY PERSON WHO SELLS OR SERVES ALCOHOLIC BEVERAGES TO  PATRONS  OF
THE LICENSED PREMISES;
  (II)  ANY  PERSON  WHO CHECKS IDENTIFICATION OF PATRONS IN OR ENTERING
THE LICENSED PREMISES;
  (III) ANY PERSON PROVIDING SECURITY IN OR ABOUT THE LICENSED PREMISES;
  (IV) ANY PERSON WHO SUPERVISES PERSONS PERFORMING THE DUTIES SET FORTH
IN SUBPARAGRAPH (I), (II) OR (III) OF THIS PARAGRAPH.
  (B) FOR PURPOSES OF THIS SUBDIVISION, "EMPLOY" SHALL  INCLUDE  PERSONS
EMPLOYED DIRECTLY BY THE LICENSEE AND ANY OTHER PERSON DIRECTLY OR INDI-
RECTLY HIRED OR RETAINED TO PERFORM SERVICES FOR THE LICENSEE.
  (C)  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY PERSON
WHO HAS BEEN DIRECTLY EMPLOYED BY THE LICENSEE FOR LESS THAN SIXTY DAYS.
  S 7. Section 109 of the alcoholic beverage control law is  amended  by
adding a new subdivision 3 to read as follows:
  3.  NO  APPLICATION  FOR  THE  RENEWAL  OF  A  LICENSE  UNDER  SECTION
FIFTY-FIVE,   FIFTY-FIVE-A,   EIGHTY-ONE,   EIGHTY-ONE-A,    SIXTY-FOUR,
SIXTY-FOUR-A, SIXTY-FOUR-B, SIXTY-FOUR-C OR SIXTY-FOUR-D OF THIS CHAPTER
SHALL  BE  APPROVED UNLESS THE LICENSEE SUBMITS PROOF OF COMPLIANCE WITH
THE PROVISIONS OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIX-C  OF  THIS
ARTICLE.
  S  8.  Section 110 of the alcoholic beverage control law is amended by
adding a new subdivision 3-a to read as follows:
  3-A.  NO  APPLICATION  FOR  A  LICENSE   UNDER   SECTION   FIFTY-FIVE,
FIFTY-FIVE-A,   EIGHTY-ONE,   EIGHTY-ONE-A,   SIXTY-FOUR,  SIXTY-FOUR-A,
SIXTY-FOUR-B, SIXTY-FOUR-C OR SIXTY-FOUR-D  OF  THIS  CHAPTER  SHALL  BE
APPROVED  UNLESS  THE  LICENSEE  SUBMITS  PROOF  OF  COMPLIANCE WITH THE
PROVISIONS OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIX-C OF THIS ARTI-
CLE.
  S 9. Subdivision 7 of section 110-b of the alcoholic beverage  control
law,  as  amended by chapter 560 of the laws of 2011, is amended to read
as follows:
  7. The liquor authority shall require such notification  to  be  on  a
standardized  form  that  can  be  obtained  on the internet or from the
liquor authority and such notification to include:
  (a) the trade name or "doing business as" name, if any, of the  estab-
lishment;
  (b) the full name of the applicant;
  (c)  the  street  address  of  the  establishment, including the floor
location or room number, if applicable;
  (d) the mailing address of the establishment, if  different  than  the
street address;

A. 1164                             5

  (e)  the  name, address and telephone number of the attorney or repre-
sentative of the applicant, if any;
  (f) a statement indicating whether the application is for:
  (i) a new establishment;
  (ii) a transfer of an existing licensed business;
  (iii) a renewal of an existing license; or
  (iv) an alteration of an existing licensed premises;
  (g)  if  the  establishment is a transfer or previously licensed prem-
ises, the name of the old establishment and such establishment's license
serial number;
  (h) in the case of a renewal or alteration  application,  the  license
serial number of the applicant; [and]
  (i) the type of license[.]; AND
  (J)  A  STATEMENT  THAT  THE  APPLICANT  IS  IN  COMPLIANCE  WITH  THE
PROVISIONS OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIX-C OF THIS ARTI-
CLE.
  S 10. This act shall take effect on  the  one  hundred  eightieth  day
after  it shall have become a law provided, however, that section one of
this act shall take effect upon the expiration and reversion of  section
17  of  the  alcoholic  beverage control law as provided in section 4 of
chapter 118 of the laws of 2012, as amended.