S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6765
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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
   establishing a brand owner's license

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of  section  17  of  the  alcoholic  beverage
 control law, as amended by section 8 of chapter 522 of the laws of 2018,
 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-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 thirty, thirty-one,
 fifty-three, sixty-one-a, sixty-one-b, SIXTY-ONE-C, seventy-six,  seven-
 ty-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 consump-
 tion 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11143-02-3
              

 S. 6765                             2
 
 and  sixty-two of this chapter. 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  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 judgment by default will be  entered
 in  the  supreme  court of the county in which the licensed premises are
 located, or other  court  of  civil  jurisdiction  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 judg-
 ment. If full payment shall not have been received by the division with-
 in 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.
   §  2.  Subdivision  3  of section 17 of the alcoholic beverage control
 law, as amended by section 9 of chapter 522 of  the  laws  of  2018,  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-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 thirty, thirty-one,
 fifty-three, sixty-one-a, sixty-one-b, SIXTY-ONE-C, seventy-six,  seven-
 ty-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 consump-
 S. 6765                             3
 
 tion 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 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 judgment by default will be  entered
 in  the  supreme  court of the county in which the licensed premises are
 located, or other court  of  civil  jurisdiction,  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 judg-
 ment. If full payment shall not have been received by the division with-
 in 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.
   §  3.  The  alcoholic  beverage control law is amended by adding a new
 section 61-c to read as follows:
   § 61-C. BRAND OWNER'S LICENSE. ANY PERSON WITH A FEDERAL BASIC  PERMIT
 MAY  APPLY  TO  THE  LIQUOR  AUTHORITY FOR A BRAND OWNER'S LICENSE. SUCH
 LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO:
   1. CONTRACT WITH A LICENSED MANUFACTURER  OF  ALCOHOLIC  BEVERAGES  IN
 THIS STATE FOR THE PURPOSES OF MANUFACTURING SUCH PRODUCTS;
   2.  APPOINT A LICENSED WHOLESALER AUTHORIZED TO SELL AND DELIVER ALCO-
 HOLIC BEVERAGES IN THIS STATE AS EXCLUSIVE BRAND AGENT FOR THE  PURPOSES
 OF SOLICITING, NEGOTIATING, AND RECEIVING PAYMENTS FOR THE SALE OF ALCO-
 HOLIC  BEVERAGES  TO  RETAIL  LICENSEES  FOR ON-PREMISES OR OFF-PREMISES
 CONSUMPTION; AND
   3. SELL SUCH ALCOHOLIC BEVERAGES TO LICENSED WHOLESALERS AUTHORIZED TO
 SELL AND DELIVER ALCOHOLIC BEVERAGES IN THIS STATE APPOINTED  AS  EXCLU-
 SIVE BRAND AGENT AND BE REMITTED PAYMENTS FOR SUCH SALES.
   §  4.  Section  66 of the alcoholic beverage control law is amended by
 adding a new subdivision 3-b to read as follows:
   3-B. THE ANNUAL FEE FOR A BRAND OWNER'S LICENSE SHALL BE  ONE  HUNDRED
 TWENTY-FIVE DOLLARS.
 S. 6765                             4
 
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 3 of section 17 of the alcoholic  beverage
 control  law  made  by  section  one of this act shall be subject to the
 expiration and reversion of such section pursuant to section 4 of  chap-
 ter 118 of the laws of 2012, as amended, when upon such date section two
 of this act shall take effect.