S T A T E O F N E W Y O R K
________________________________________________________________________
9821
I N A S S E M B L Y
April 19, 2022
___________
Introduced by M. of A. JEAN-PIERRE -- read once and referred to the
Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
requiring curriculum related to human trafficking awareness to be
included in alcohol training awareness programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 10 of section 18 of the alcoholic beverage
control law, as added by chapter 118 of the laws of 2012, is amended to
read as follows:
10. (A) To develop and establish minimum criteria for alcohol training
awareness programs which may be given and administered by schools; other
entities including trade associations whose members are engaged in or
involved in the retail sale of alcoholic beverages; national and
regional franchisors who have granted at least five franchises in the
state which are licensed to sell beer at retail for off-premises
consumption; licensees authorized to sell alcoholic beverages at retail
for off-premises consumption operating five or more licensed premises;
and persons interested, whether as an individual proprietor or partner
or officer or member of a limited liability company, in five or more
licensees authorized to sell alcoholic beverages at retail for off-prem-
ises consumption. The authority shall provide for the issuance of
certificates of approval to all certified alcohol training awareness
programs. Certificates of approval may be revoked by the authority for
failure 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) No licensee shall be required to apply for any such certificate or
renewal certificate and the licensee may voluntarily surrender such a
certificate or renewal certificate at any time. A fee in the amount of
nine hundred dollars shall be paid to the authority with each applica-
tion for a certificate of approval or renewal certificate. The authority
shall promptly refund such fee to an applicant whose application was
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13136-02-1
A. 9821 2
denied. Each certificate of approval and renewal thereof shall be issued
for a period of three years. To effectuate the provisions of this subdi-
vision, 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 subdivision. Each entity
authorized to give and administer an alcohol training awareness program
shall issue certificates of completion to all licensees and employees
who successfully complete such an approved alcohol training awareness
program. Such entity shall regularly transmit to the authority the
names, addresses and dates of attendance of all the licensees and
employees of licensees who successfully complete an approved alcohol
training awareness program. Such transmittal shall be in a form and
manner prescribed by the authority. The authority shall adopt rules and
regulations to effectuate the provisions of this subdivision, including
the minimum requirements for the curriculum of each such training
program and the regular ongoing training of employees holding certif-
icates of completion or renewal certificates. Such rules and regulations
shall include the minimum requirements for a separate curriculum for
licensees and their employees authorized to sell alcoholic beverages at
retail for off-premises consumption, minimum requirements for a separate
curriculum for licensees and their employees authorized to sell alcohol-
ic beverages at retail for on-premises consumption, and the form of a
certificate of completion or renewal thereof to be issued in respect to
each such type of program. SUCH RULES AND REGULATIONS SHALL INCLUDE A
REQUIREMENT THAT ALL CURRICULUMS INCLUDE TRAINING RELATED TO HUMAN TRAF-
FICKING AWARENESS. SUCH HUMAN TRAFFICKING AWARENESS TRAINING CURRICULUM
SHALL BE DEVELOPED IN CONJUNCTION WITH, AND APPROVED BY, THE NEW YORK
STATE INTERAGENCY TASK FORCE ON HUMAN TRAFFICKING. SUCH HUMAN TRAFFICK-
ING AWARENESS TRAINING PROGRAM SHALL BE IMPLEMENTED BY EACH ENTITY
AUTHORIZED TO GIVE AND ADMINISTER AN ALCOHOL TRAINING AWARENESS PROGRAM.
ANY SUCH ENTITY THAT DOES NOT IMPLEMENT A HUMAN TRAFFICKING AWARENESS
PROGRAM AS PART OF ITS CURRICULUM SHALL NO LONGER BE AUTHORIZED TO
ADMINISTER ANY ALCOHOL TRAINING AWARENESS PROGRAM AND SHALL NOT BE
ELIGIBLE TO BE CERTIFIED AS A STATE LIQUOR AUTHORITY SCHOOL. ANY ALCO-
HOL TRAINING AWARENESS PROGRAM THAT IS CURRENTLY CERTIFIED BY THE STATE
LIQUOR AUTHORITY SHALL LOSE ITS CERTIFICATION IF SUCH PROGRAM FAILS TO
INCLUDE HUMAN TRAFFICKING AWARENESS TRAINING AS PART OF ITS CURRICULUM.
(C) A certificate of completion or renewal thereof issued by an entity
authorized to give and administer an alcohol training awareness program
pursuant to this subdivision to licensees and their employees authorized
to sell alcoholic beverages at retail for off-premises consumption shall
not be invalidated by a change of employment to another such licensee. A
certificate of completion or renewal thereof issued by an entity author-
ized to give and administer an alcohol training awareness program pursu-
ant to this subdivision to licensees and their employees authorized to
sell alcoholic beverages at retail for on-premises consumption shall not
be invalidated by a change of employment to another such licensee.
Attendance at any course established pursuant to this section shall be
in person, through distance learning methods, or through an internet
based online program.
§ 2. Subdivision 12 of section 17 of the alcoholic beverage control
law, as amended by chapter 549 of the laws of 2001, the closing para-
A. 9821 3
graph as amended by chapter 435 of the laws of 2010, is amended to read
as follows:
12. (A) To develop and establish minimum criteria for alcohol training
awareness programs which may be given and administered by schools; other
entities including trade associations whose members are engaged in or
involved in the retail sale of alcoholic beverages; national and
regional franchisors who have granted at least five franchises in the
state which are licensed to sell beer at retail for off-premises
consumption; licensees authorized to sell alcoholic beverages at retail
for off-premises consumption operating five or more licensed premises;
and persons interested, whether as an individual proprietor or partner
or officer or member of a limited liability company, in five or more
licensees authorized to sell alcoholic beverages at retail for off-prem-
ises consumption. The authority shall provide for the issuance of
certificates of approval to all certified alcohol training awareness
programs. Certificates of approval may be revoked by the authority for
failure 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) No licensee shall be required to apply for any such certificate or
renewal certificate and the licensee may voluntarily surrender such a
certificate or renewal certificate at any time. A fee in the amount of
nine hundred dollars shall be paid to the authority with each applica-
tion for a certificate of approval or renewal certificate. The authority
shall promptly refund such fee to an applicant whose application was
denied. Each certificate of approval and renewal thereof shall be issued
for a period of three years. To effectuate the provisions of this subdi-
vision, 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 subdivision. Each entity
authorized to give and administer an alcohol training awareness program
shall issue certificates of completion to all licensees and employees
who successfully complete such an approved alcohol training awareness
program. Such entity shall regularly transmit to the authority the
names, addresses and dates of attendance of all the licensees and
employees of licensees who successfully complete an approved alcohol
training awareness program. Such transmittal shall be in a form and
manner prescribed by the authority. The authority shall adopt rules and
regulations to effectuate the provisions of this subdivision, including
the minimum requirements for the curriculum of each such training
program and the regular ongoing training of employees holding certif-
icates of completion or renewal certificates. Such rules and regulations
shall include the minimum requirements for a separate curriculum for
licensees and their employees authorized to sell alcoholic beverages at
retail for off-premises consumption, minimum requirements for a separate
curriculum for licensees and their employees authorized to sell alcohol-
ic beverages at retail for on-premises consumption, and the form of a
certificate of completion or renewal thereof to be issued in respect to
each such type of program. SUCH RULES AND REGULATIONS SHALL INCLUDE A
REQUIREMENT THAT ALL CURRICULUMS INCLUDE TRAINING RELATED TO HUMAN TRAF-
FICKING AWARENESS. SUCH HUMAN TRAFFICKING AWARENESS TRAINING CURRICULUM
A. 9821 4
SHALL BE DEVELOPED IN CONJUNCTION WITH, AND APPROVED BY, THE NEW YORK
STATE INTERAGENCY TASK FORCE ON HUMAN TRAFFICKING. SUCH HUMAN TRAFFICK-
ING AWARENESS TRAINING PROGRAM SHALL BE IMPLEMENTED BY EACH ENTITY
AUTHORIZED TO GIVE AND ADMINISTER AN ALCOHOL TRAINING AWARENESS PROGRAM.
ANY SUCH ENTITY THAT DOES NOT IMPLEMENT A HUMAN TRAFFICKING AWARENESS
PROGRAM AS PART OF ITS CURRICULUM SHALL NO LONGER BE AUTHORIZED TO
ADMINISTER ANY ALCOHOL TRAINING AWARENESS PROGRAM AND SHALL NOT BE
ELIGIBLE TO BE CERTIFIED AS A STATE LIQUOR AUTHORITY SCHOOL. ANY ALCO-
HOL TRAINING AWARENESS PROGRAM THAT IS CURRENTLY CERTIFIED BY THE STATE
LIQUOR AUTHORITY SHALL LOSE ITS CERTIFICATION IF SUCH PROGRAM FAILS TO
INCLUDE HUMAN TRAFFICKING AWARENESS TRAINING AS PART OF ITS CURRICULUM.
(C) A certificate of completion or renewal thereof issued by an entity
authorized to give and administer an alcohol training awareness program
pursuant to this subdivision to licensees and their employees authorized
to sell alcoholic beverages at retail for off-premises consumption shall
not be invalidated by a change of employment to another such licensee. A
certificate of completion or renewal thereof issued by an entity author-
ized to give and administer an alcohol training awareness program pursu-
ant to this subdivision to licensees and their employees authorized to
sell alcoholic beverages at retail for on-premises consumption shall not
be invalidated by a change of employment to another such licensee.
Attendance at any course established pursuant to this section shall be
in person, through distance learning methods, or through an internet
based online program.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law, provided, however, that the amendments to subdivision
10 of section 18 of the alcoholic beverage control law made by section
one of this act shall not affect the expiration of such subdivision and
shall be deemed to expire therewith; and provided further that section
two of this act shall take effect on the same date as the reversion of
subdivision 12 of section 17 of the alcoholic beverage control law as
provided in section 4 of chapter 118 of the laws of 2012, as amended.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made and completed on or
before such effective date.