NY State Senate Bill 2023-S8953

Current 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 02, 2024	referred to investigations and government operations

2023-S8953 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §3, add §§55-d, 58-e, 63-b, 80-a & 99-i, ABC L

2023-S8953 (ACTIVE) - Summary

Enacts the responsible alcohol education act; establishes on-premise liquor licenses for certified educators of alcoholic beverage instructional courses and special permits for registered lecturers to conduct these courses.

2023-S8953 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8953

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
establishing on-premise liquor licenses for certified educators of alco-
holic beverage instructional courses, establishing special permits for
registered lecturers to conduct these courses, and establishing the
"responsible alcohol education act"

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to allow the State Liquor Authority to issue
on-premise liquor licenses to Certified Educators of alcoholic beverag-
es, as well as special permits to Registered Lecturers to conduct these
classes.

 
SUMMARY OF SPECIFIC PROVISIONS:

This legislation would allow the State Liquor Authority to grant
on-premise liquor licenses to "Certified Educators" in order to hold

alcohol appreciation/education/tasting seminars and classes.  "Regis-
tered Lecturers" retained by the Certified Educator may be granted a
special permit by the Authority in order to conduct and oversee such
classes subject to the control of the Certified Educator.

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Amends provisions of alcoholic beverage control law relating to defi-
nitions, licenses for beer, cider, liquor, and wine, and special
permits.

 
JUSTIFICATION:

This bill would allow expert alcohol beverage educators and their staff
to conduct alcoholic beverage seminars (with a tasting component) for a
fee at designated locations with the approval of the State Liquor
Authority. Currently, alcohol education/tasting classes are being forced
to close because they do not have on-premise liquor licenses for alcohol
consumption. This bill would allow these types of classes to continue in
order to educate individuals on alcohol appreciation, thus leading to
more informed consumers who will hopefully choose to support their local
wine, beer, and spirits stores.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: A.136 Cahill- Referred to Economic Development

2017-2018: A.137 Cahill - Referred to Economic Development

2015-2016: A.2307 Cahill - Referred to Economic Development

2013-2014: A.10113 Cahill - Referred to Economic Development

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2023-S8953 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8953
 
                             I N  S E N A T E
 
                               April 2, 2024
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  on-premise  liquor  licenses  for certified educators of
   alcoholic beverage instructional courses, establishing special permits
   for registered lecturers to conduct these  courses,  and  establishing
   the "responsible alcohol education act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "responsi-
 ble alcohol education act."
   §  2.  Section  3  of the alcoholic beverage control law is amended by
 adding a new subdivision 7-aa to read as follows:
   7-AA. "CERTIFIED EDUCATOR" MEANS ANY PERSONS OR COMPANY OWNED AND  RUN
 BY  PERSONS  WHO  HAVE  APPROPRIATE  CREDENTIALING AND WHO ENGAGE IN THE
 SPECIFIC BUSINESS OF  CREATING,  SELLING,  AND  EXECUTING  INSTRUCTIONAL
 COURSES  IN THE CONSUMPTION AND APPRECIATION OF WINE, BEER, AND SPIRITS.
 CERTIFIED EDUCATORS MUST POSSESS CERTIFICATION THAT IS  SATISFACTORY  TO
 THE  STATE LIQUOR AUTHORITY ("AUTHORITY"), INCLUDING, BUT NOT LIMITED TO
 THE FOLLOWING: (A) A CERTIFIED SPECIALIST  OF  WINE  OR  CERTIFIED  WINE
 EDUCATOR  STATUS  AS  CONFERRED  BY THE SOCIETY OF WINE EDUCATORS; (B) A
 WINE AND SPIRITS EDUCATION TRUST DIPLOMA;  (C)  STATUS  AS  A  CERTIFIED
 SOMMELIER;  (D) THE COMPLETION OF A WINE INDUSTRY PROGRAM AT A TECHNICAL
 COLLEGE OR  CULINARY  SCHOOL;  (E)  CERTIFICATION  AS  A  CICERONE;  (F)
 COMPLETION  OF  COURSEWORK  FROM  THE  MASTER BREWERS ASSOCIATION OF THE
 AMERICAS; (G) OR ANY  OTHER  CERTIFICATION  PROGRAM  ACCEPTABLE  TO  THE
 AUTHORITY.  CERTIFIED  EDUCATORS  MUST ALSO COMPLETE TRAINING FOR INTER-
 VENTION PROCEDURES (TIPS) OR OTHER CERTIFIED ALCOHOL  TRAINING  PROGRAMS
 AND  HAVE  A  VALID  CERTIFICATE  ON FILE WITH THE AUTHORITY.  CERTIFIED
 EDUCATORS MAY INDIVIDUALLY PERFORM INSTRUCTIONAL COURSES OR  BE  ALLOWED
 TO  RETAIN  REGISTERED LECTURERS TO SERVE AS THE ON-SITE SUPERVISORS AND
 TEACHERS OF EACH CLASS AND TO OVERSEE THE POURING OF BEVERAGES BY VOLUN-
 TEERS WORKING UNDER THEIR DIRECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15108-01-4
 S. 8953                             2
 
   § 3. Section 3 of the alcoholic beverage control  law  is  amended  by
 adding a new subdivision 24-a to read as follows:
   24-A.  "REGISTERED  LECTURER"  MEANS  ANY PERSON WHO POSSESSES CERTIF-
 ICATION THAT IS SATISFACTORY TO THE AUTHORITY AND WHO IS RETAINED  BY  A
 CERTIFIED  EDUCATOR  FOR THE PURPOSE OF ON-SITE SUPERVISION AND INSTRUC-
 TION OF EACH CLASS, AS WELL AS  TO  OVERSEE  THE  POURING  OF  ALCOHOLIC
 BEVERAGES BY VOLUNTEERS WORKING UNDER THEIR DIRECTION.
   §  4.  The  alcoholic  beverage control law is amended by adding a new
 section 55-d to read as follows:
   § 55-D. CERTIFIED EDUCATOR'S  LICENSES.  THE  AUTHORITY  MAY  ISSUE  A
 "CERTIFIED  EDUCATOR  LICENSE"  TO  A PERSON OR COMPANY OWNED AND RUN BY
 PERSONS WHO MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION  SEVEN-AA  OF
 SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
 PER  LICENSE  TO  A CERTIFIED EDUCATOR OF ALCOHOLIC BEVERAGES, UNDER THE
 FOLLOWING CONDITIONS:
   1. LICENSES SHALL BE LIMITED TO A  PERMANENT  LOCATION  WHERE  CLASSES
 WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
 PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
 THE CHANGE TO THE COURSE'S LOCATION;
   2.  THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC BEVERAGES
 FROM DOMESTIC WHOLESALERS, WITH THE DECISIONS TO BE MADE  BASED  ON  THE
 JUDGMENT OF THE CERTIFIED EDUCATOR;
   3.  THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL DATE
 OF ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE  AUTHORITY
 NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
   4.  THE  LICENSE  MAY  BE USED TO SERVE ALCOHOLIC BEVERAGES FOR EDUCA-
 TIONAL PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF  TWENTY-ONE
 IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
 NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
   5.  ALL  EVENTS  CONDUCTED  PURSUANT TO THIS LICENSE MUST BE CONDUCTED
 THROUGH ADVANCE REGISTRATION, AND  NO  WALK-IN  ACCESS  TO  THE  GENERAL
 PUBLIC IS PERMITTED;
   6.  ALL  PERSONS  RETAINED  BY  A  CERTIFIED EDUCATOR TO ENGAGE IN THE
 INSTRUCTION AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL  PERMITS,
 AS  SPECIFIED  IN SECTION NINETY-NINE-I OF THIS CHAPTER, THAT ARE ISSUED
 BY THE AUTHORITY FOR  THE  PURPOSE  OF  SUPERVISING  CLASSES,  PROVIDING
 EDUCATIONAL  INSTRUCTION  ON ALCOHOLIC BEVERAGES, OVERSEEING THE POURING
 OF BEVERAGES BY VOLUNTEERS, AND CARRYING ON  THE  ACTIVITIES  ASSOCIATED
 WITH ALCOHOLIC BEVERAGE EDUCATION;
   7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
 CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
   8. EXCEPT AS PROVIDED FOR IN THIS  SECTION,  CERTIFIED  EDUCATORS  MAY
 HOLD  CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A LIQUOR
 LICENSE, SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC  ZONING
 LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
 TOR AND APPROVAL BY THE AUTHORITY;
   9.  CLASSES  SHALL  NOT  BE  CONDUCTED DURING BUSINESS HOURS AT RETAIL
 BUSINESSES THAT DO NOT HAVE  A  LIQUOR  LICENSE  NOR  SHALL  CLASSES  BE
 CONDUCTED  AFTER  HOURS  AT  A  RETAIL  BUSINESS THAT DOES HAVE A LIQUOR
 LICENSE;
   10. CERTIFIED EDUCATORS SHALL MAINTAIN A  SUITABLE  LEVEL  OF  GENERAL
 LIABILITY  INSURANCE,  AND THE POLICY SHALL BE REPORTED TO THE AUTHORITY
 ALONG WITH THE LICENSE APPLICATION;
   11. PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER  THIS
 SECTION,  THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS AND
 LOCATION OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL  INCLUDE
 S. 8953                             3

 INFORMATION  THAT  PERTAINS  TO  THE EXACT DURATION AND LOCATION OF EACH
 CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
 ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
 ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
 LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
   12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
 THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
   13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
 ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
   § 5. The alcoholic beverage control law is amended  by  adding  a  new
 section 58-e to read as follows:
   §  58-E.  CERTIFIED  EDUCATOR'S  LICENSES.  THE  AUTHORITY MAY ISSUE A
 "CERTIFIED EDUCATOR LICENSE" TO A PERSON OR COMPANY  OWNED  AND  RUN  BY
 PERSONS  WHO  MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA OF
 SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
 PER LICENSE TO A CERTIFIED EDUCATOR OF ALCOHOLIC  BEVERAGES,  UNDER  THE
 FOLLOWING CONDITIONS:
   1.  LICENSES  SHALL  BE  LIMITED TO A PERMANENT LOCATION WHERE CLASSES
 WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
 PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
 THE CHANGE TO THE COURSE'S LOCATION;
   2. THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC  BEVERAGES
 FROM  DOMESTIC  WHOLESALERS,  WITH THE DECISIONS TO BE MADE BASED ON THE
 JUDGMENT OF THE CERTIFIED EDUCATOR;
   3. THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL  DATE
 OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
 NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
   4. THE LICENSE MAY BE USED TO SERVE  ALCOHOLIC  BEVERAGES  FOR  EDUCA-
 TIONAL  PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF TWENTY-ONE
 IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
 NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
   5. ALL EVENTS CONDUCTED PURSUANT TO THIS  LICENSE  MUST  BE  CONDUCTED
 THROUGH  ADVANCE  REGISTRATION,  AND  NO  WALK-IN  ACCESS TO THE GENERAL
 PUBLIC IS PERMITTED;
   6. ALL PERSONS RETAINED BY A  CERTIFIED  EDUCATOR  TO  ENGAGE  IN  THE
 INSTRUCTION  AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL PERMITS,
 AS SPECIFIED IN SECTION NINETY-NINE-I OF THIS CHAPTER, THAT  ARE  ISSUED
 BY  THE  AUTHORITY  FOR  THE  PURPOSE  OF SUPERVISING CLASSES, PROVIDING
 EDUCATIONAL INSTRUCTION ON ALCOHOLIC BEVERAGES, OVERSEEING  THE  POURING
 OF  BEVERAGES  BY  VOLUNTEERS, AND CARRYING ON THE ACTIVITIES ASSOCIATED
 WITH ALCOHOLIC BEVERAGE EDUCATION;
   7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
 CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
   8.  EXCEPT  AS  PROVIDED  FOR IN THIS SECTION, CERTIFIED EDUCATORS MAY
 HOLD CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A  LIQUOR
 LICENSE,  SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC ZONING
 LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
 TOR AND APPROVAL BY THE AUTHORITY;
   9. CLASSES SHALL NOT BE CONDUCTED  DURING  BUSINESS  HOURS  AT  RETAIL
 BUSINESSES  THAT  DO  NOT  HAVE  A  LIQUOR  LICENSE NOR SHALL CLASSES BE
 CONDUCTED AFTER HOURS AT A RETAIL  BUSINESS  THAT  DOES  HAVE  A  LIQUOR
 LICENSE;
   10.  CERTIFIED  EDUCATORS  SHALL  MAINTAIN A SUITABLE LEVEL OF GENERAL
 LIABILITY INSURANCE, AND THE POLICY SHALL BE REPORTED TO  THE  AUTHORITY
 ALONG WITH THE LICENSE APPLICATION;
 S. 8953                             4

   11.  PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER THIS
 SECTION, THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS  AND
 LOCATION  OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL INCLUDE
 INFORMATION THAT PERTAINS TO THE EXACT DURATION  AND  LOCATION  OF  EACH
 CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
 ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
 ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
 LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
   12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
 THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
   13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
 ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
   § 6. The alcoholic beverage control law is amended  by  adding  a  new
 section 63-b to read as follows:
   §  63-B.  CERTIFIED  EDUCATOR'S  LICENSES.  THE  AUTHORITY MAY ISSUE A
 "CERTIFIED EDUCATOR LICENSE" TO A PERSON OR COMPANY  OWNED  AND  RUN  BY
 PERSONS  WHO  MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA OF
 SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
 PER LICENSE TO A CERTIFIED EDUCATOR OF ALCOHOLIC  BEVERAGES,  UNDER  THE
 FOLLOWING CONDITIONS:
   1.  LICENSES  SHALL  BE  LIMITED TO A PERMANENT LOCATION WHERE CLASSES
 WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
 PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
 THE CHANGE TO THE COURSE'S LOCATION;
   2. THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC  BEVERAGES
 FROM  DOMESTIC  WHOLESALERS,  WITH THE DECISIONS TO BE MADE BASED ON THE
 JUDGMENT OF THE CERTIFIED EDUCATOR;
   3. THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL  DATE
 OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
 NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
   4. THE LICENSE MAY BE USED TO SERVE  ALCOHOLIC  BEVERAGES  FOR  EDUCA-
 TIONAL  PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF TWENTY-ONE
 IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
 NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
   5. ALL EVENTS CONDUCTED PURSUANT TO THIS  LICENSE  MUST  BE  CONDUCTED
 THROUGH  ADVANCE  REGISTRATION,  AND  NO  WALK-IN  ACCESS TO THE GENERAL
 PUBLIC IS PERMITTED;
   6. ALL PERSONS RETAINED BY A  CERTIFIED  EDUCATOR  TO  ENGAGE  IN  THE
 INSTRUCTION  AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL PERMITS,
 AS SPECIFIED IN SECTION NINETY-NINE-I OF THIS CHAPTER, THAT  ARE  ISSUED
 BY  THE  AUTHORITY  FOR  THE  PURPOSE  OF SUPERVISING CLASSES, PROVIDING
 EDUCATIONAL INSTRUCTION ON ALCOHOLIC BEVERAGES, OVERSEEING  THE  POURING
 OF  BEVERAGES  BY  VOLUNTEERS, AND CARRYING ON THE ACTIVITIES ASSOCIATED
 WITH ALCOHOLIC BEVERAGE EDUCATION;
   7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
 CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
   8.  EXCEPT  AS  PROVIDED  FOR IN THIS SECTION, CERTIFIED EDUCATORS MAY
 HOLD CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A  LIQUOR
 LICENSE,  SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC ZONING
 LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
 TOR AND APPROVAL BY THE AUTHORITY;
   9. CLASSES SHALL NOT BE CONDUCTED  DURING  BUSINESS  HOURS  AT  RETAIL
 BUSINESSES  THAT  DO  NOT  HAVE  A  LIQUOR  LICENSE NOR SHALL CLASSES BE
 CONDUCTED AFTER HOURS AT A RETAIL  BUSINESS  THAT  DOES  HAVE  A  LIQUOR
 LICENSE;
 S. 8953                             5
 
   10.  CERTIFIED  EDUCATORS  SHALL  MAINTAIN A SUITABLE LEVEL OF GENERAL
 LIABILITY INSURANCE, AND THE POLICY SHALL BE REPORTED TO  THE  AUTHORITY
 ALONG WITH THE LICENSE APPLICATION;
   11.  PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER THIS
 SECTION, THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS  AND
 LOCATION  OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL INCLUDE
 INFORMATION THAT PERTAINS TO THE EXACT DURATION  AND  LOCATION  OF  EACH
 CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
 ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
 ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
 LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
   12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
 THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
   13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
 ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
   § 7. The alcoholic beverage control law is amended  by  adding  a  new
 section 80-a to read as follows:
   §  80-A.  CERTIFIED  EDUCATOR'S  LICENSES.  THE  AUTHORITY MAY ISSUE A
 "CERTIFIED EDUCATOR LICENSE" TO A PERSON OR COMPANY  OWNED  AND  RUN  BY
 PERSONS  WHO  MEET THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA OF
 SECTION THREE OF THIS CHAPTER, AT A BIANNUAL COST OF TWO HUNDRED DOLLARS
 PER LICENSE TO A CERTIFIED EDUCATOR OF ALCOHOLIC  BEVERAGES,  UNDER  THE
 FOLLOWING CONDITIONS:
   1.  LICENSES  SHALL  BE  LIMITED TO A PERMANENT LOCATION WHERE CLASSES
 WILL BE HELD; SHOULD A CERTIFIED EDUCATOR NEED TO MOVE LOCATIONS FOR ANY
 PURPOSE, NOTICE MUST BE GIVEN TO THE AUTHORITY, WHO WILL APPROVE OR DENY
 THE CHANGE TO THE COURSE'S LOCATION;
   2. THE LICENSE MAY BE USED TO PURCHASE OR PROCURE ALCOHOLIC  BEVERAGES
 FROM  DOMESTIC  WHOLESALERS,  WITH THE DECISIONS TO BE MADE BASED ON THE
 JUDGMENT OF THE CERTIFIED EDUCATOR;
   3. THE LICENSE MUST BE RENEWED EVERY TWO YEARS FROM THE ORIGINAL  DATE
 OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
 NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
   4. THE LICENSE MAY BE USED TO SERVE  ALCOHOLIC  BEVERAGES  FOR  EDUCA-
 TIONAL  PURPOSES TO ANY NUMBER OF INDIVIDUALS OVER THE AGE OF TWENTY-ONE
 IN ANY PART OF THE STATE, UNLESS A POLITICAL SUBDIVISION ADOPTS AN ORDI-
 NANCE PROHIBITING ALCOHOLIC BEVERAGE EDUCATION;
   5. ALL EVENTS CONDUCTED PURSUANT TO THIS  LICENSE  MUST  BE  CONDUCTED
 THROUGH  ADVANCE  REGISTRATION,  AND  NO  WALK-IN  ACCESS TO THE GENERAL
 PUBLIC IS PERMITTED;
   6. ALL PERSONS RETAINED BY A  CERTIFIED  EDUCATOR  TO  ENGAGE  IN  THE
 INSTRUCTION  AND SUPERVISION OF EACH CLASS MUST RECEIVE SPECIAL PERMITS,
 AS SPECIFIED IN SECTION NINETY-NINE-I OF THIS CHAPTER, THAT  ARE  ISSUED
 BY  THE  AUTHORITY  FOR  THE  PURPOSE  OF SUPERVISING CLASSES, PROVIDING
 EDUCATIONAL INSTRUCTION ON ALCOHOLIC BEVERAGES, OVERSEEING  THE  POURING
 OF  BEVERAGES  BY  VOLUNTEERS, AND CARRYING ON THE ACTIVITIES ASSOCIATED
 WITH ALCOHOLIC BEVERAGE EDUCATION;
   7.  CERTIFIED  EDUCATORS  SHALL  NOT  SELL  ALCOHOL  FOR  OFF-PREMISES
 CONSUMPTION AND NO ORDERS MAY BE TAKEN FOR FUTURE SALES;
   8.  EXCEPT  AS  PROVIDED  FOR IN THIS SECTION, CERTIFIED EDUCATORS MAY
 HOLD CLASSES AT ANY LOCATION, WHETHER OR NOT THE PREMISES HAVE A  LIQUOR
 LICENSE,  SUBJECT TO ALL APPLICABLE MUNICIPAL AND STATE ALCOHOLIC ZONING
 LAWS AND WITH THE DECISION BASED ON THE JUDGMENT OF THE CERTIFIED EDUCA-
 TOR AND APPROVAL BY THE AUTHORITY;
   9. CLASSES SHALL NOT BE CONDUCTED  DURING  BUSINESS  HOURS  AT  RETAIL
 BUSINESSES  THAT  DO  NOT  HAVE  A  LIQUOR  LICENSE NOR SHALL CLASSES BE
 S. 8953                             6
 
 CONDUCTED AFTER HOURS AT A RETAIL  BUSINESS  THAT  DOES  HAVE  A  LIQUOR
 LICENSE;
   10.  CERTIFIED  EDUCATORS  SHALL  MAINTAIN A SUITABLE LEVEL OF GENERAL
 LIABILITY INSURANCE, AND THE POLICY SHALL BE REPORTED TO  THE  AUTHORITY
 ALONG WITH THE LICENSE APPLICATION;
   11.  PRIOR TO PROVIDING A LICENSEE'S FIRST CLASS AUTHORIZED UNDER THIS
 SECTION, THE LICENSEE SHALL NOTIFY THE AUTHORITY AS TO THE CONTENTS  AND
 LOCATION  OF THE COURSE'S PLANNED CURRICULUM. NOTIFICATION SHALL INCLUDE
 INFORMATION THAT PERTAINS TO THE EXACT DURATION  AND  LOCATION  OF  EACH
 CLASS THROUGHOUT THE COURSE, AS WELL AS HOW MANY PARTICIPANTS WILL BE IN
 ATTENDANCE, HOW MANY LECTURERS WILL BE TEACHING THE COURSE, AND HOW MUCH
 ALCOHOL  WILL  BE  SERVED. NOTIFICATION SHALL BE SENT BY THE LICENSEE NO
 LESS THAN THIRTY DAYS BEFORE THE FIRST CLASS OF A NEW COURSE CYCLE;
   12. CERTIFIED EDUCATORS SHALL BE SUBJECT TO THE POWERS AND  DUTIES  OF
 THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
   13.  THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN FURTH-
 ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
   § 8. The alcoholic beverage control law is amended  by  adding  a  new
 section 99-i to read as follows:
   § 99-I. REGISTERED LECTURERS. THE AUTHORITY MAY ISSUE A SPECIAL PERMIT
 TO  A  PERSON MEETING THE REQUIREMENTS SPECIFIED IN SUBDIVISION SEVEN-AA
 OF SECTION THREE OF THIS CHAPTER, AT A  ONE-TIME  COST  OF  TWO  HUNDRED
 DOLLARS, TO BE RENEWED BIANNUALLY, SUBJECT TO THE FOLLOWING CONDITIONS:
   1.  REGISTERED  LECTURERS  MUST  BE  DIRECTLY  RETAINED BY, AS WELL AS
 SUBJECT TO THE CONTROL OF LICENSED CERTIFIED EDUCATORS;
   2. REGISTERED LECTURERS SHALL  BE  BOUND  BY  THE  SAME  CREDENTIALING
 REQUIREMENTS  AS  ARE  CERTIFIED  EDUCATORS, AS SPECIFIED IN SUBDIVISION
 SEVEN-AA OF SECTION THREE OF THIS CHAPTER;
   3. CERTIFIED EDUCATORS MAY EMPLOY AND UTILIZE ANY NUMBER OF REGISTERED
 LECTURERS PER CLASS OR PER CURRICULUM, WITH THE  DECISIONS  TO  BE  MADE
 BASED ON THE JUDGMENT OF THE CERTIFIED EDUCATOR;
   4.  REGISTERED  LECTURERS  SHALL NOT BE REQUIRED TO MAINTAIN THEIR OWN
 GENERAL LIABILITY INSURANCE;
   5. REGISTERED LECTURERS SHALL HAVE THE ABILITY TO CONDUCT  ALL  ACTIV-
 ITIES  ASSOCIATED  WITH  ALCOHOL EDUCATION, INCLUDING BUT NOT LIMITED TO
 SUPERVISING CLASSES,  PROVIDING  EDUCATIONAL  INSTRUCTION  ON  ALCOHOLIC
 BEVERAGES, AND OVERSEEING THE POURING OF BEVERAGES BY VOLUNTEERS; EXCEPT
 THAT  THE  PERMIT  SHALL  NOT  ALLOW REGISTERED LECTURERS TO PURCHASE OR
 PROCURE ALCOHOLIC BEVERAGES FOR THE PURPOSES OF ALCOHOL EDUCATION;
   6. PERMITS FOR REGISTERED LECTURERS SHALL BE APPLIED FOR  THROUGH  THE
 AUTHORITY  NO  LATER  THAN  THIRTY DAYS PRIOR TO THE COMMENCEMENT OF THE
 FIRST CLASS OR COURSE TAUGHT BY THE REGISTERED LECTURER;
   7. THE PERMIT MUST BE RENEWED EVERY TWO YEARS FROM THE  ORIGINAL  DATE
 OF  ISSUANCE, AND APPLICATIONS FOR RENEWAL MUST BE SENT TO THE AUTHORITY
 NO LESS THAN THIRTY DAYS BEFORE THE ANTICIPATED DATE OF EXPIRATION;
   8. REGISTERED LECTURERS SHALL HOLD  CLASSES  AT  LOCATIONS  THAT  WERE
 PREVIOUSLY  APPROVED  BY  THE CERTIFIED EDUCATOR AND FOLLOWED THE PROCE-
 DURES SPECIFIED IN SUBDIVISION  TEN  OF  SECTIONS  FIFTY-FIVE-D,  FIFTY-
 EIGHT-E, SIXTY-THREE-B AND EIGHTY-A OF THIS CHAPTER;
   9.  REGISTERED  LECTURERS SHALL BE SUBJECT TO THE POWERS AND DUTIES OF
 THE AUTHORITY, AS SPECIFIED IN SECTION EIGHTEEN OF THIS CHAPTER; AND
   10. THE AUTHORITY SHALL ADOPT ANY RULES CONSISTENT WITH AND IN  FURTH-
 ERANCE OF THE IMPLEMENTATION OF THIS SECTION.
   § 9. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S8953

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

2023-S8953 (ACTIVE) - Details

2023-S8953 (ACTIVE) - Summary

2023-S8953 (ACTIVE) - Sponsor Memo

2023-S8953 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8953

Share this bill

Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

2023-S8953 (ACTIVE) - Details

2023-S8953 (ACTIVE) - Summary

2023-S8953 (ACTIVE) - Sponsor Memo

2023-S8953 (ACTIVE) - Bill Text download pdf

Comments