S T A T E O F N E W Y O R K
________________________________________________________________________
8140
I N S E N A T E
June 13, 2016
___________
Introduced by Sen. LANZA -- (at request of the Governor) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules
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
S. 8140 2
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
S. 8140 3
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
S. 8140 4
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.
S. 8140 5
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.
S. 8140 6
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.
S. 8140 7
(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
S. 8140 8
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.
