Bill Text: NY S05984 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-16 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S05984 Detail]

Download: New_York-2019-S05984-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5984

                               2019-2020 Regular Sessions

                    IN SENATE

                                      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:

     1    Section  1.  Subdivision  12  of  section 17 of the alcoholic beverage
     2  control law, as amended by chapter 549 of the laws of 2001, is REPEALED.
     3    § 2. Subdivision 10 of section 18 of the  alcoholic  beverage  control
     4  law is REPEALED.
     5    §  3.  The  alcoholic  beverage control law is amended by adding a new
     6  section 18-a to read as follows:
     7    § 18-a. Alcohol training awareness programs.  1.  The  chairman  shall
     8  develop  and  establish  minimum  criteria  for  retail licensee alcohol
     9  training awareness programs and server alcohol awareness.
    10    (a) Such criteria shall  include  the  minimum  requirements  for  the
    11  curriculum of license and server training programs. There shall be sepa-
    12  rate server training programs for employees of on-premises and off-prem-
    13  ises retail licensees.
    14    (b)  Such  criteria  shall  include  the  form  of  a  certificate  of
    15  completion or renewal thereof to be issued in respect to each such  type
    16  of program.
    17    (c)  Retail  licensee programs shall include, but shall not be limited
    18  to, training on the prevention of sales and service of alcoholic  bever-
    19  ages to persons under the age of twenty-one and intoxicated patrons, and
    20  operating  the licensed premises in compliance with this chapter and the
    21  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

     1    (d) Server programs shall include, but shall not be limited to, train-
     2  ing on the prevention of sales and service  of  alcoholic  beverages  to
     3  persons under the age of twenty-one and intoxicated patrons.
     4    2. Such programs may be given and administered by the authority or any
     5  person,  partnership,  limited liability company or corporation that has
     6  been issued a certificate of approval by the authority.
     7    3. The authority shall provide for the training of,  and  issuance  of
     8  certificates of approval to, all certified training providers.
     9    (a) Certificates of approval may be revoked by the authority for fail-
    10  ure  to  adhere to the authority's rules and regulations. Such rules and
    11  regulations shall afford those who have been  issued  a  certificate  of
    12  approval  an  opportunity  for  a  hearing prior to any determination of
    13  whether such certificate should be revoked.
    14    (b) A fee in the amount of nine hundred dollars shall be paid  to  the
    15  authority  with  each  application  for  a  certificate of approval or a
    16  renewal certificate. The authority shall promptly refund such fee to  an
    17  applicant whose application was denied.
    18    (c)  Each  certificate  of approval or renewal thereof shall be issued
    19  for a period of three years.
    20    4.  The  certified  training  provider  shall  issue  certificates  of
    21  completion  to  all  participants  who successfully complete an approved
    22  program.
    23    (a) Each certificate of completion shall be  valid  for  a  period  of
    24  three years from the date of the training program.
    25    (b)  Attendance  at  any training program established pursuant to this
    26  section shall be in person, through long distance learning  methods,  or
    27  through an internet-based online program.
    28    (c)  The authority or the certified training provider may charge a fee
    29  not to exceed one hundred dollars to  a  participant  for  any  licensee
    30  program;  and  twenty-five  dollars  to  a  participant  for  any server
    31  program.
    32    (d) Each certified training provider shall transmit a quarterly report
    33  to the authority with the names, addresses and dates  of  attendance  of
    34  all the individuals who successfully completed an approved program. Such
    35  transmittal shall be in a form and manner prescribed by the authority.
    36    5. A certificate of completion issued by a certified training provider
    37  administering  a  server  training  awareness  program  pursuant to this
    38  section:
    39    (a) to employees of licensees authorized to sell  alcoholic  beverages
    40  at  retail  for  off-premises  consumption shall not be invalidated by a
    41  change of employment to another such licensee; and
    42    (b) to employees of licenses authorized to sell alcoholic beverages at
    43  retail for on-premises consumption shall not be invalidated by a  change
    44  of employment to another such licensee.
    45    6.  To  effectuate  the  provisions  of this section, the authority is
    46  empowered to require in connection with an application the submission of
    47  such information as the authority may  direct;  to  prescribe  forms  of
    48  applications  and  of all reports which it deems necessary to be made by
    49  any applicant or  certificate  holder;  to  conduct  investigations;  to
    50  require  the  maintenance of such books and records as the authority may
    51  direct; to revoke, cancel, or suspend for cause any certificate provided
    52  for in this section; and to promulgate such rules as may be necessary to
    53  carry out the purpose of this section.
    54    § 4. Paragraph (b) of subdivision 6 of section  65  of  the  alcoholic
    55  beverage  control law, as amended by chapter 435 of the laws of 2010, is
    56  amended to read as follows:

        S. 5984                             3

     1    (b) it shall be an affirmative  defense  that  at  the  time  of  such
     2  violation  such person who committed such alleged violation held a valid
     3  certificate of completion [or renewal] from  [an  entity  authorized  to
     4  give  and administer an] a certified training provider for a licensee or
     5  server  alcohol  training  awareness  program  [pursuant  to subdivision
     6  twelve of] as provided for in section  [seventeen]  eighteen-a  of  this
     7  chapter.  Such  licensee  shall have diligently implemented and complied
     8  with all of the provisions of the approved  training  program.  In  such
     9  proceeding  to  revoke,  cancel or suspend a license pursuant to section
    10  one hundred eighteen of this  chapter,  the  licensee  must  prove  each
    11  element  of  such affirmative defense by a preponderance of the credible
    12  evidence.  Evidence of three unlawful sales of  alcoholic  beverages  by
    13  any  employee  of  a  licensee to persons under twenty-one years of age,
    14  within a two year period, shall be considered by the authority in deter-
    15  mining whether the licensee had diligently implemented such an  approved
    16  program.
    17    §  5.  Subdivision  7  of section 65 of the alcoholic beverage control
    18  law, as added by chapter 435 of the laws of 2010, is amended to read  as
    19  follows:
    20    7.  In any proceeding pursuant to section one hundred eighteen of this
    21  chapter to revoke, cancel or suspend a license to sell alcoholic  bever-
    22  ages,  in  which proceeding a charge is sustained that a person violated
    23  subdivision one or two of this section and the licensee has not had  any
    24  adjudicated violation of this chapter at the licensed premises where the
    25  violation occurred within the previous five year period; and
    26    (a)  at  the  time  of  such  violation the person that committed such
    27  violation held a valid certificate of completion [or renewal]  from  [an
    28  entity  authorized  to  give  and  administer  an]  a certified training
    29  provider for a licensee or server  alcohol  training  awareness  program
    30  [pursuant  to  subdivision twelve of] as provided for in section [seven-
    31  teen] eighteen-a of this chapter, the  civil  penalty  related  to  such
    32  offense  shall  be  recovery  of, as provided for in section one hundred
    33  twelve of this chapter, the penal sum of the bond  on  file  during  the
    34  period in which the violation took place; or
    35    (b) at the time of such violation the licensee has not had any adjudi-
    36  cated  violations  of  this  chapter  at the licensed premises where the
    37  violation occurred within the  previous  five  year  period,  any  civil
    38  penalty  imposed shall be reduced by twenty-five percent if the licensee
    39  submits written proof, within ninety days  of  the  imposition  of  such
    40  civil  penalty,  that  all  of  the licensee's employees involved in the
    41  direct sale or service of alcoholic  beverages  to  the  public  at  the
    42  licensed  premises  where  the  violation occurred have obtained a valid
    43  certificate of completion [or renewal] from  [an  entity  authorized  to
    44  give  and administer an] a certified training provider for a licensee or
    45  server alcohol  training  awareness  program  [pursuant  to  subdivision
    46  twelve  of]  as  provided  for in section [seventeen] eighteen-a of this
    47  chapter.
    48    For the purposes of this subdivision, the five year  period  shall  be
    49  measured from the dates that the violations occurred.
    50    §  6.  The  alcoholic  beverage control law is amended by adding a new
    51  section 106-c to read as follows:
    52    § 106-c. Required training for on-premises licensees and employees. 1.
    53  Every licensee holding a license under section fifty-five, fifty-five-a,
    54  eighty-one,  eighty-one-a,   sixty-four,   sixty-four-a,   sixty-four-b,
    55  sixty-four-c  or  sixty-four-d  of  this chapter shall have a person who
    56  holds a valid certificate of completion from an approved licensee  alco-

        S. 5984                             4

     1  hol  awareness training program as provided for in section eighteen-a of
     2  this chapter.
     3    (a)  in the case of an individual holding a license, such person shall
     4  be the licensee;
     5    (b) in the case of a partnership holding a license, such person  shall
     6  be one of the partners;
     7    (c)  in the case of a corporation holding a license, such person shall
     8  be one of the officers or directors; and
     9    (d) in the case of a limited liability company, such person  shall  be
    10  one of the members.
    11    2.  (a) No licensee holding a license under section fifty-five, fifty-
    12  five-a,    eighty-one,    eighty-one-a,    sixty-four,     sixty-four-a,
    13  sixty-four-b,  sixty-four-c or sixty-four-d of this chapter shall employ
    14  a person to perform any of the following duties unless such person holds
    15  a valid certificate of completion from an approved server alcohol aware-
    16  ness training program as provided for  in  section  eighteen-a  of  this
    17  chapter:
    18    (i)  any  person who sells or serves alcoholic beverages to patrons of
    19  the licensed premises;
    20    (ii) any person who checks identification of patrons  in  or  entering
    21  the licensed premises;
    22    (iii) any person providing security in or about the licensed premises;
    23    (iv) any person who supervises persons performing the duties set forth
    24  in subparagraph (i), (ii) or (iii) of this paragraph.
    25    (b)  For  purposes of this subdivision, "employ" shall include persons
    26  employed directly by the licensee and any other person directly or indi-
    27  rectly hired or retained to perform services for the licensee.
    28    (c) The provisions of this subdivision shall not apply to  any  person
    29  who has been directly employed by the licensee for less than sixty days.
    30    §  7.  Section 109 of the alcoholic beverage control law is amended by
    31  adding a new subdivision 3 to read as follows:
    32    3. No application for the renewal of a license  under  section  fifty-
    33  five,  fifty-five-a, eighty-one, eighty-one-a, sixty-four, sixty-four-a,
    34  sixty-four-b, sixty-four-c or sixty-four-d  of  this  chapter  shall  be
    35  approved  unless  the  licensee  submits  proof  of  compliance with the
    36  provisions of subdivision one of section one hundred six-c of this arti-
    37  cle.
    38    § 8. Section 110 of the alcoholic beverage control law is  amended  by
    39  adding a new subdivision 3-a to read as follows:
    40    3-a.  No  application  for  a license under section fifty-five, fifty-
    41  five-a,    eighty-one,    eighty-one-a,    sixty-four,     sixty-four-a,
    42  sixty-four-b,  sixty-four-c  or  sixty-four-d  of  this chapter shall be
    43  approved unless the  licensee  submits  proof  of  compliance  with  the
    44  provisions of subdivision one of section one hundred six-c of this arti-
    45  cle.
    46    §  9. Subdivision 7 of section 110-b of the alcoholic beverage control
    47  law, as amended by chapter 560 of the laws of 2011, is amended  to  read
    48  as follows:
    49    7.  The  liquor  authority  shall require such notification to be on a
    50  standardized form that can be obtained  on  the  internet  or  from  the
    51  liquor authority and such notification to include:
    52    (a)  the trade name or "doing business as" name, if any, of the estab-
    53  lishment;
    54    (b) the full name of the applicant;
    55    (c) the street address  of  the  establishment,  including  the  floor
    56  location or room number, if applicable;

        S. 5984                             5

     1    (d)  the  mailing  address of the establishment, if different than the
     2  street address;
     3    (e)  the  name, address and telephone number of the attorney or repre-
     4  sentative of the applicant, if any;
     5    (f) a statement indicating whether the application is for:
     6    (i) a new establishment;
     7    (ii) a transfer of an existing licensed business;
     8    (iii) a renewal of an existing license; or
     9    (iv) an alteration of an existing licensed premises;
    10    (g) if the establishment is a transfer or  previously  licensed  prem-
    11  ises, the name of the old establishment and such establishment's license
    12  serial number;
    13    (h)  in  the  case of a renewal or alteration application, the license
    14  serial number of the applicant; [and]
    15    (i) the type of license[.]; and
    16    (j)  a  statement  that  the  applicant  is  in  compliance  with  the
    17  provisions of subdivision one of section one hundred six-c of this arti-
    18  cle.
    19    §  10.  This  act  shall  take effect on the one hundred eightieth day
    20  after it shall have become a law.
feedback