Relates to mandatory license suspensions for repeat violations of the sale of alcoholic beverages to persons under the age of twenty-one

The legislation amends section 118 of the alcoholic beverage control law by establishing a system whereby points would be assessed to a licensee for violations of section 65 of the alcoholic beverage control law based on whether the licensee or his/her employee had attended an alcoholic awareness education program. For example, if a licensee violated section 65 and had attended the education program he/she would be assessed one point and if they had not attended the education program they would be assessed two points. A suspension of a license is based on the accumulation of points.

The legislation also amends section 1607 of the tax law to require the suspension of the lottery license of anyone having violated section 65 of the alcoholic beverage control law.

Justification

The problem of underage drinking is prevalent in New York State. Existing laws and legislative proposals focus mainly on the underage purchaser. There is currently no provisions in law to suspend or revoke a liquor license for violations related to the sale of alcohol to persons less than twenty-one years of age.

Specifically, this legislation mandates the suspension and revocation of a license to sell alcoholic beverages at retail issued pursuant to the ABC Law for the violation of selling, delivering or giving alcohol to persons under twenty-one years of age. Similar to Chapter 162 of the Public Health Law relating to prohibiting the sale of tobacco to minors, the legislation would create a system whereby the holder of a license issued pursuant to the ABC Law to sell alcoholic beverages at retail ("licensee"), would be assessed points upon the finding of a violation of §65 of the ABC Law with respect to the unlawful sale of an alcoholic beverage to a person under twenty-one years of age. Section 17, subdivision 12 of the ABC Law already provides for a state certified alcohol training awareness program. Therefore, the legislation would provide that one point shall be assessed to the licensee per violation where an unlawful sale was made by a person who had received a certificate of completion from a state approved alcohol training awareness program. Two points would be assessed to the licensee per violation where the unlawful sale was made by a person who did not receive such a certificate. The licensee would be required to affirmatively demonstrate that the person who actually made the sale held the certificate of completion of a state approved alcohol training awareness program.

Moreover, the bill would mandate the suspension of a license or permit to sell alcoholic beverages at retail issued pursuant to the ABC Law for a period of six months upon the accumulation of three or more points within a three-year period and would mandate a revocation of the license to sell alcoholic beverages at retail of a licensee who is found to have violated §65 of the ABC Law four times within a three-year period.

Finally, if a licensee to sell alcoholic beverages at retail, also holds a license to conduct New York State Lottery games pursuant to Article 16 of the Tax Law, such Lottery license would be suspended upon the accumulation by the licensee of three or more points. The Lottery license would also be revoked in cases where the licensee is found to have violated §65 of the ABC Law four times within a three-year period.

Prior legislative history

A.8626 of 2003 (Rules- Tocci) Held in Economic Development 2008 - S5331 - Referred to Mental Health & Developmental Disabilities

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become law.