NY State Senate Bill 2019-S5984

Senate Bill S5984

2019-2020 Legislative Session

Relates to the training of applicants, licensees, and servers of alcoholic beverages; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
May 16, 2019	referred to investigations and government operations

2019-S5984 (ACTIVE) - Details

See Assembly Version of this Bill:: A490
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Rpld §17 sub 12, §18 sub 10, add §§18-a & 106-c, amd §§65, 109, 110 & 110-b, ABC L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9822
2015-2016: A1164
2017-2018: A131
2021-2022: A775

2019-S5984 (ACTIVE) - Summary

Relates to the training of applicants, licensees, and servers of alcoholic beverages; repeals certain provisions and adds a new section of alcohol training awareness programs; includes required training for on-premises licensees and employees, among other stipulations to increase awareness.

2019-S5984 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5984

SPONSOR: MARTINEZ
 
TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to the training of applicants, licensees and servers of alco-
holic beverages; and to repeal certain provisions of such law relating
thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

To require all licensees for on premise alcohol consumption to pay for
and require that all licensees, servers, ID checkers, security person-
nel, and supervisors thereof to complete an Alcohol Training Awareness
Program approved by the State Liquor Authority.

 
SUMMARY OF PROVISIONS:

Sections 1 would repeal subdivision 12 of section 17 of the alcoholic
beverage control law, as amended by chapter 549 of the laws of 2001.

Section 2 would repeal subdivision 10 of section 18 of the alcoholic

beverage control law.

Section 3 would amend the alcoholic beverage control law to add a new
section 18-a to require the chairman of the State Liquor Authority to
establish rules for a retail licensee alcohol training awareness program
and outlines what must be included in those rules.

Sections 4 and 5 would amend subdivisions (6) and (7) of section 65 of
the alcoholic beverage control law to allow participation in the Alcohol
Training Awareness Program (ATAP) to be used as an affirmative defense
at the time of a violation if the defendant held a valid certificate of
completion from an ATAP.

Section 6 would amend the alcoholic beverage control law to add a new
section 106-c to require that a licensee hold a certificate and that
they shall not employ a server, ID checker, security person, or a super-
visor of any of these people unless they are certified.

Sections 7 and 8 would amend section 109 and 110 of the alcoholic bever-
age control law to prevent an application for license from being renewed
unless the applicant submits proof of compliance with the ATAP training
certificate law.

Section 9 would amend subdivision 7 of section 110-b of the alcoholic
beverage control law to require the notification form to municipalities
include a statement that a licensee applicant is in compliance with this
article.

Section 10 would provide the effective date.

 
JUSTIFICATION:

The SLA currently certifies ATAP training programs and current Liquor
Law has benefits for those License holders who choose to become certi-
fied.

This law would require all license holders for on premise consumption to
become certified themselves and have many of their employees certified
in order to better protect servers from civil lawsuits, public from
intoxicated drivers, and prevent underage drinking.

 
PRIOR LEGISLATIVE HISTORY:

2017-2018: A.131 - Referred to Economic Development
2015-2016: A.1164  - Referred to Economic Development
2013-2014: A.9822 - Referred to Economic Development

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S5984 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5984
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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.
   § 2. Subdivision 10 of section 18 of the  alcoholic  beverage  control
 law is REPEALED.
   §  3.  The  alcoholic  beverage control law is amended by adding a new
 section 18-a to read as follows:
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05974-01-9

 S. 5984                             2
 
   (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.
   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.
   § 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:

 S. 5984                             3
 
   (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
 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.
   §  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.
   §  6.  The  alcoholic  beverage control law is amended by adding a new
 section 106-c to read as follows:
   § 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-

 S. 5984                             4
 
 HOL  AWARENESS TRAINING PROGRAM AS PROVIDED FOR IN SECTION EIGHTEEN-A OF
 THIS CHAPTER.
   (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.
   §  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 ARTI-
 CLE.
   § 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.
   §  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;

 S. 5984                             5

   (d)  the  mailing  address of the establishment, if different than the
 street address;
   (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.
   §  10.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law.

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