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

                                  10728

                          I N  A S S E M B L Y

                              June 14, 2016
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Schimminger)
  --  (at  request  of  the  Governor)  -- read once and referred to the
  Committee on Economic Development

AN ACT to amend the alcoholic beverage control  law  and  the  executive
  law, in relation to a reorganization 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 10  of  the  alcoholic  beverage  control  law,  as
amended  by  chapter  83  of  the  laws  of  1995, is amended to read as
follows:
  S 10. State liquor authority.  There shall continue to be in the exec-
utive department an alcoholic beverage control  division,  the  head  of
which  shall  be  the state liquor authority [which] WHOSE MEMBERS shall
consist of [three members, who shall be known as commissioners] A CHAIR-
MAN AND TWO COMMISSIONERS, all of whom shall be citizens  and  residents
of  the state.   [The state alcoholic beverage control board created and
appointed pursuant to chapter one hundred eighty of the laws of nineteen
hundred thirty-three, as presently constituted, shall continue in exist-
ence and hereafter shall be known and designated  as  the  state  liquor
authority.]  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 provided for in this section.
  S 2. Section 14 of the alcoholic beverage control law, as  amended  by
chapter 83 of the laws of 1995, is amended to read as follows:
  S 14. Vacancies;  quorum.  1.  In the event of a vacancy caused by the
death, resignation, removal or disability of any [member]  COMMISSIONER,
the  vacancy  shall be filled by the governor by and with the advice and
consent of the senate 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

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

                                                           LBD12046-05-6

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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  shall  constitute  a
quorum for the purpose of conducting the business thereof and a majority
vote  of  all  the  members  in  office  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.
  S  3.  Subdivision  3  of section 17 of the alcoholic beverage control
law, as amended by section 2 of chapter 355 of  the  laws  of  2013,  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-two,]  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

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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.
  S 4. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
law,  as  amended  by  section  3 of chapter 355 of the laws of 2013, 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-two,] 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

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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.
  S  5.  The alcoholic beverage control law is amended by adding two new
sections 61-a and 61-b to read as follows:
  S 61-A. COMBINED CRAFT MANUFACTURING LICENSE.  1.  THE  AUTHORITY  MAY
ISSUE  A  COMBINED  CRAFT  MANUFACTURER'S  LICENSE  TO  A PERSON FOR THE
PURPOSES OF ARTICLES FOUR, FOUR-A, FIVE AND SIX OF THIS CHAPTER, COMBIN-
ING THE PRIVILEGES OF TWO OR MORE FARM OR MICRO  MANUFACTURING  LICENSES
FOR USE AT ONE PREMISES.
  2. THE LICENSE FEE FOR THE COMBINED LICENSE SHALL EQUAL THE SUM OF THE
LICENSE  FEES FOR EACH OF THE LICENSES INCLUDED IN THE COMBINED LICENSE.
PROVIDED, HOWEVER, THAT ONLY ONE FILING FEE SHALL BE  REQUIRED  FOR  ANY
COMBINED LICENSE.
  3. THE LICENSE CERTIFICATE OF THE COMBINED LICENSE SHALL SET FORTH THE
LICENSES THAT ARE INCLUDED UNDER THE COMBINED LICENSE.
  4.  A  COMBINED FARM MANUFACTURER'S LICENSE MAY COMBINE TWO OR MORE OF
THE FOLLOWING LICENSES: FARM BREWERY; MICRO-BREWERY; FARM  CIDERY;  FARM
WINERY;   MICRO-DISTILLERY;   MICRO-RECTIFIER;   AND   FARM  DISTILLERY.
PROVIDED, HOWEVER, THAT  THE  LICENSED  PREMISES  FOR  A  COMBINED  FARM
MANUFACTURER'S  LICENSE  THAT  INCLUDES  A  FARM  WINERY LICENSE MUST BE
LOCATED ON A FARM.
  S 61-B. IMPORTER'S LICENSE.  AN IMPORTER'S LICENSE SHALL AUTHORIZE THE
HOLDER THEREOF TO IMPORT ALCOHOLIC BEVERAGES INTO THIS  STATE  AND  SELL
SUCH ALCOHOLIC BEVERAGES TO LICENSED WHOLESALERS AUTHORIZED TO SELL SUCH
ALCOHOLIC BEVERAGES.

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  S  6.  Subdivision  4  of section 63 of the alcoholic beverage control
law, as amended by chapter 603 of the laws of 1992, is amended  to  read
as follows:
  4.  No licensee under this section shall be engaged in any other busi-
ness on the licensed premises. The sale of lottery  tickets,  when  duly
authorized and lawfully conducted, the sale of corkscrews or the sale of
ice  or  the  sale  of  publications, including prerecorded video and/or
audio cassette tapes, designed to help educate consumers in their  know-
ledge  and appreciation of wine and wine products, as defined in section
three of this chapter,  or  the  sale  of  non-carbonated,  non-flavored
mineral waters, spring waters and drinking waters or the sale of glasses
designed  for the consumption of wine, racks designed for the storage of
wine, and devices designed to minimize  oxidation  in  bottles  of  wine
which have been uncorked, OR THE SALE OF GIFT BAGS, GIFT BOXES, OR WRAP-
PING,  FOR  ALCOHOLIC BEVERAGES PURCHASED AT THE LICENSED PREMISES shall
not constitute engaging in another business within the meaning  of  this
subdivision.
  S  7.  Section  66 of the alcoholic beverage control law is amended by
adding a new subdivision 3-a to read as follows:
  3-A. THE ANNUAL FEE FOR AN IMPORTER'S LICENSE  SHALL  BE  ONE  HUNDRED
TWENTY-FIVE DOLLARS.
  S 8. Subdivision 1 of section 93 of the alcoholic beverage control law
is amended to read as follows:
  1.  No  individual  shall  offer  for sale or solicit any order in the
state for the sale of any alcoholic  beverage  irrespective  of  whether
such  sale is to be made within or without the state, unless such person
shall have a solicitor's permit.   PROVIDED,  HOWEVER,  THAT  NO  PERMIT
UNDER THIS SECTION SHALL BE REQUIRED FOR AN INDIVIDUAL WHO IS SOLICITING
ORDERS  ON  BEHALF  OF  A MICRO-BREWERY, FARM BREWERY, FARM CIDERY, FARM
WINERY, MICRO-FARM WINERY, MICRO-DISTILLERY,  MICRO-RECTIFIER,  OR  FARM
DISTILLERY LICENSED UNDER THIS CHAPTER.
  S  9.  Subdivision  4  of section 93 of the alcoholic beverage control
law, as amended by section 12 of part Z of chapter 85  of  the  laws  of
2002, is amended to read as follows:
  4.  Notwithstanding the foregoing provisions of this section, any duly
licensed manufacturer or wholesaler may apply to  the  liquor  authority
for an annual temporary solicitor's employment permit. Such permit shall
authorize  such manufacturer or wholesaler to employ one or more persons
as a solicitor for a period of not exceeding [sixty consecutive  working
days]  SIX  MONTHS  provided  that within [thirty] SIXTY days after such
employee has been employed as a solicitor such employee shall  file  his
application  for  a  solicitor's  permit  with the liquor authority. The
license fee for such permit shall be thirty-eight dollars per  year,  or
for  any  part  thereof, and the permit shall be issued for the calendar
year. Such permit and the exercise  of  the  privileges  hereby  granted
thereunder,  shall  be  subject  to  such terms and conditions as may be
prescribed by the liquor authority.
  S 10. The alcoholic beverage control law is amended by  adding  a  new
section 99-h to read as follows:
  S  99-H.  SUNDAY  ON-PREMISES SALES PERMIT.   1. A PERMIT ISSUED UNDER
THIS SECTION SHALL AUTHORIZE A PERSON LICENSED TO SELL ALCOHOLIC  BEVER-
AGES  FOR  CONSUMPTION  ON THE PREMISES PURSUANT TO THIS CHAPTER TO SELL
ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION ON  SUNDAY  BETWEEN  THE
HOURS OF EIGHT O'CLOCK A.M. AND TEN O'CLOCK A.M.
  2. A PERMIT UNDER THIS SECTION SHALL BE ISSUED FOR ONE CALENDAR DAY.

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  3.  THE  FEE  FOR SUCH A PERMIT SHALL BE TWENTY-FIVE DOLLARS, TOGETHER
WITH A FILING FEE OF TEN DOLLARS.
  4.  AN  APPLICANT FOR A PERMIT UNDER THIS SECTION SHALL PROVIDE NOTICE
TO THE LOCAL MUNICIPALITY OF SUCH APPLICATION AS PROVIDED IN SECTION ONE
HUNDRED TEN-B OF THIS CHAPTER.
  5. NO MORE THAN TWELVE PERMITS UNDER THIS SECTION MAY BE ISSUED TO THE
SAME LICENSEE IN ANY CALENDAR YEAR.
  6. A PERMIT UNDER THIS SECTION SHALL NOT BE AVAILABLE FOR ANY LICENSED
PREMISES LOCATED IN A CITY WITH A POPULATION OF ONE MILLION OR MORE.
  7. SUCH PERMIT AND THE EXERCISE OF THE PRIVILEGES  GRANTED  THEREUNDER
SHALL BE SUBJECT TO SUCH RULES THAT THE AUTHORITY MAY DEEM NECESSARY.
  S  11.  Subdivisions 5 and 11 of section 105 of the alcoholic beverage
control law, as amended by chapter 503 of the laws of 1984,  subdivision
5  as separately amended by chapter 628 of the laws of 1984, are amended
to read as follows:
  5. No retail licensee of liquor and/or wine for off-premises  consump-
tion  shall  keep upon the licensed premises any liquors and/or wines in
any cask, barrel, keg,  hogshead  or  other  container,  except  in  the
original  sealed  package,  as  received from the manufacturer or whole-
saler. Such containers shall have affixed thereto such labels as may  be
required  by the rules of the liquor authority, together with all neces-
sary federal revenue and New York state excise tax stamps,  as  required
by law. Such containers shall not be opened nor its contents consumed on
the  premises  where  sold,  except  for  the purpose of wine tasting or
sampling by any person pursuant  to  authorization  to  conduct  such  a
sampling  or  tasting  pursuant  to  subdivision  [two] THREE of section
seventy-six of this chapter except those to whom sales are prohibited in
section sixty-five of this chapter. THE PROVISIONS OF  THIS  SUBDIVISION
SHALL  NOT  PROHIBIT  A  LICENSED  WINERY OR FARM WINERY FROM SELLING OR
DELIVERING WINE TO A CONSUMER FOR OFF-PREMISES CONSUMPTION IN A CONTAIN-
ER NOT TO EXCEED FOUR LITERS IN CAPACITY THAT SHALL HAVE  A  TEMPORARILY
SECURED SEAL FOR PURPOSES OF REMOVING THE WINE FROM THE PREMISES.
  11. No retail licensee of liquor and/or wine for off-premises consump-
tion  shall  keep  or  permit to be kept upon the licensed premises, any
liquors and/or wines in any unsealed bottle or other unsealed container,
except for the purpose of wine tasting or sampling by any person  pursu-
ant  to  authorization to conduct such a sampling or tasting pursuant to
subdivision [two] THREE of section seventy-six of  this  chapter  except
those  to  whom sales are prohibited in section sixty-five of this chap-
ter. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT  PROHIBIT  A  LICENSED
WINERY  OR FARM WINERY FROM SELLING OR DELIVERING WINE TO A CONSUMER FOR
OFF-PREMISES CONSUMPTION IN A CONTAINER NOT TO  EXCEED  FOUR  LITERS  IN
CAPACITY  THAT  SHALL  HAVE  A  TEMPORARILY SECURED SEAL FOR PURPOSES OF
REMOVING THE WINE FROM THE PREMISES.
  S 12. Subdivision 3 and paragraph (a) of subdivision 5 of section  106
of the alcoholic beverage control law, paragraph (a) of subdivision 5 as
amended  by  chapter  83  of  the  laws  of 1995, are amended to read as
follows:
  3. No retail licensee for on-premises consumption shall sell,  deliver
or  give  away,  or  cause or permit or procure to be sold, delivered or
given away any liquors and/or wines for  consumption  off  the  premises
where  sold.  THE  PROVISIONS  OF  THIS SUBDIVISION SHALL NOT PROHIBIT A
LICENSED WINERY OR FARM WINERY FROM  ALLOWING  A  PATRON  TO  LEAVE  THE
WINERY  OR FARM WINERY WITH A PARTIALLY CONSUMED BOTTLE OF WINE PROVIDED
THAT THE REMOVAL OF THE BOTTLE IS DONE IN  ACCORDANCE  WITH  SUBDIVISION
FOUR OF SECTION EIGHTY-ONE OF THIS CHAPTER.

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  (a) Sunday, from four ante meridiem to [twelve noon] TEN O'CLOCK A.M.,
EXCEPT  PURSUANT  TO A PERMIT ISSUED UNDER SECTION NINETY-NINE-H OF THIS
CHAPTER.
  S 13. Section 108 of the alcoholic beverage control law, as amended by
chapter 419 of the laws of 1950, is amended to read as follows:
  S 108. Restrictions  upon  licensees. 1. No licensee except the holder
of a [brewer's or distiller's license or a winery] license  TO  MANUFAC-
TURE  ALCOHOLIC BEVERAGES shall keep or permit to be kept or consumed on
the licensed premises any alcoholic beverage except the alcoholic bever-
ages which he is permitted to sell under the terms of the license issued
to him.
  2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT PROHIB-
IT A PERSON HOLDING A RETAIL ON-PREMISES LICENSE AND A RETAIL  OFF-PREM-
ISES  BEER OR BEER AND WINE PRODUCTS LICENSE FOR AN ADJACENT PREMISES TO
TRANSPORT ALCOHOLIC BEVERAGES  THROUGH  SUCH  OFF-PREMISES  LOCATION  TO
SUPPLY SUCH ADJACENT ON-PREMISES LOCATION.
  S 14. Section 112 of the alcoholic beverage control law, as amended by
chapter  335  of the laws of 1944, and as further amended by section 104
of part A of chapter 62 of the laws of  2011,  is  amended  to  read  as
follows:
  S 112. Bonds  of  licensees  and  permittees. The liquor authority may
require the licensees and permittees of one or  more  of  the  kinds  or
classes  described  in this chapter to file with it a bond to the people
of the state of New York issued by a surety  company,  approved  by  the
superintendent  of  financial services as to solvency and responsibility
and authorized to transact business in this state, in such penal sum  as
the  liquor  authority may heretofore have prescribed or hereafter shall
prescribe, conditioned that such licensee or permittee will  not  suffer
or  permit  any violation of the provisions of this chapter and that all
fines and penalties which shall accrue, during the time the  license  or
permit  shall  be in effect, will be paid, together with all costs taxed
or allowed in any action or  proceeding  brought  or  instituted  for  a
violation of any of the provisions of this chapter. A suit to recover on
any  bond  filed  pursuant  to chapter one hundred eighty of the laws of
nineteen hundred thirty-three or this chapter  may  be  brought  by  the
liquor  authority  or  on relation of any party aggrieved, in a court of
competent jurisdiction and in the event that the obligor named  in  such
bond  has  violated any of the conditions of such bond, recovery for the
penal sum of such bond may be had in favor of the people of  the  state.
NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SECTION,  NO  BOND  SHALL BE
REQUIRED TO BE FILED BY THE HOLDER OF A SOLICITOR'S PERMIT ISSUED  UNDER
SECTION NINETY-THREE OF THIS CHAPTER.
  S  15. Section 118 of the alcoholic beverage control law is amended by
adding a new subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE  CONTRA-
RY,  A  SUSPENSION  IMPOSED  UNDER  THIS SECTION AGAINST THE HOLDER OF A
LICENSE ISSUED UNDER SECTION SIXTY-ONE-A  OF  THIS  CHAPTER  SHALL  ONLY
SUSPEND  THE LICENSED ACTIVITIES RELATED TO THE TYPE OF ALCOHOLIC BEVER-
AGE INVOLVED IN THE VIOLATION RESULTING IN THE SUSPENSION.
  S 16. The opening paragraph of section 270 of the  executive  law,  as
amended  by  chapter  83  of  the  laws  of  1995, is amended to read as
follows:
  The head of the alcoholic beverage control division shall be the state
liquor authority [which] WHOSE MEMBERS shall consist of [three  members,
who  shall  be known as commissioners] A CHAIRMAN AND TWO COMMISSIONERS,
who shall be appointed by the governor,  by  and  with  the  advice  and

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consent  of the senate[, and one of whom shall be designated as chairman
by the governor].
  S  17.  Section  273 of the executive law, as amended by chapter 83 of
the laws of 1995, is amended to read as follows:
  S 273. Vacancies; quorum. (A) In the event  of  a  vacancy  caused  by
death,   resignation,   removal   or   disability   of  [any  member]  A
COMMISSIONER, the vacancy shall be filled by the governor  by  and  with
the advice and consent of the senate for the unexpired term.
  (B)  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.
  (C) THE GOVERNOR SHALL PROVIDE IMMEDIATE WRITTEN  NOTICE TO THE TEMPO-
RARY  PRESIDENT  OF  THE  SENATE OF THE DESIGNATION OF A COMMISSIONER AS
ACTING CHAIRMAN.
  (D) 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.
  (E)  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.
  (F) A majority of the members of  the  authority  shall  constitute  a
quorum for the purpose of conducting the business thereof and a majority
vote  of  all  the  members  in  office  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.
  S  18.  This  act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that section twelve  of  this  act
shall take effect immediately; provided, further, that the amendments to
section  17  of the alcoholic beverage control law made by section three
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 four of this  act
shall  take  effect; and further provided that sections six and thirteen
of this act shall expire and be deemed repealed three years  after  such
effective date.