STATE OF NEW YORK ________________________________________________________________________ 567 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ 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: 1 Section 1. Subdivision 3 of section 17 of the alcoholic beverage 2 control law, as amended by section 8 of chapter 522 of the laws of 2018, 3 is amended to read as follows: 4 3. To revoke, cancel or suspend for cause any license or permit issued 5 under this chapter and/or to impose a civil penalty for cause against 6 any holder of a license or permit issued pursuant to this chapter. Any 7 civil penalty so imposed shall not exceed the sum of ten thousand 8 dollars as against the holder of any retail permit issued pursuant to 9 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and 10 paragraph f of subdivision one of section ninety-nine-b of this chapter, 11 and as against the holder of any retail license issued pursuant to 12 sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty- 13 five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b, 14 sixty-four-c, seventy-six-f, seventy-nine, eighty-one and eighty-one-a 15 of this chapter, and the sum of thirty thousand dollars as against the 16 holder of a license issued pursuant to sections thirty, thirty-one, 17 fifty-three, sixty-one-a, sixty-one-b, sixty-one-c, seventy-six, seven- 18 ty-six-a, and seventy-eight of this chapter, provided that the civil 19 penalty against the holder of a wholesale license issued pursuant to 20 section fifty-three of this chapter shall not exceed the sum of ten 21 thousand dollars where that licensee violates provisions of this chapter 22 during the course of the sale of beer at retail to a person for consump- 23 tion at home, and the sum of one hundred thousand dollars as against the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01993-01-5
S. 567 2 1 holder of any license issued pursuant to sections fifty-one, sixty-one, 2 and sixty-two of this chapter. Any civil penalty so imposed shall be in 3 addition to and separate and apart from the terms and provisions of the 4 bond required pursuant to section one hundred twelve of this chapter. 5 Provided that no appeal is pending on the imposition of such civil 6 penalty, in the event such civil penalty imposed by the division remains 7 unpaid, in whole or in part, more than forty-five days after written 8 demand for payment has been sent by first class mail to the address of 9 the licensed premises, a notice of impending default judgment shall be 10 sent by first class mail to the licensed premises and by first class 11 mail to the last known home address of the person who signed the most 12 recent license application. The notice of impending default judgment 13 shall advise the licensee: (a) that a civil penalty was imposed on the 14 licensee; (b) the date the penalty was imposed; (c) the amount of the 15 civil penalty; (d) the amount of the civil penalty that remains unpaid 16 as of the date of the notice; (e) the violations for which the civil 17 penalty was imposed; and (f) that a judgment by default will be entered 18 in the supreme court of the county in which the licensed premises are 19 located, or other court of civil jurisdiction or any other place 20 provided for the entry of civil judgments within the state of New York 21 unless the division receives full payment of all civil penalties due 22 within twenty days of the date of the notice of impending default judg- 23 ment. If full payment shall not have been received by the division with- 24 in thirty days of mailing of the notice of impending default judgment, 25 the division shall proceed to enter with such court a statement of the 26 default judgment containing the amount of the penalty or penalties 27 remaining due and unpaid, along with proof of mailing of the notice of 28 impending default judgment. The filing of such judgment shall have the 29 full force and effect of a default judgment duly docketed with such 30 court pursuant to the civil practice law and rules and shall in all 31 respects be governed by that chapter and may be enforced in the same 32 manner and with the same effect as that provided by law in respect to 33 execution issued against property upon judgments of a court of record. A 34 judgment entered pursuant to this subdivision shall remain in full force 35 and effect for eight years notwithstanding any other provision of law. 36 § 2. Subdivision 3 of section 17 of the alcoholic beverage control 37 law, as amended by section 9 of chapter 522 of the laws of 2018, is 38 amended to read as follows: 39 3. To revoke, cancel or suspend for cause any license or permit issued 40 under this chapter and/or to impose a civil penalty for cause against 41 any holder of a license or permit issued pursuant to this chapter. Any 42 civil penalty so imposed shall not exceed the sum of ten thousand 43 dollars as against the holder of any retail permit issued pursuant to 44 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and 45 paragraph f of subdivision one of section ninety-nine-b of this chapter, 46 and as against the holder of any retail license issued pursuant to 47 sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty- 48 five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b, 49 sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and eighty-one-a 50 of this chapter, and the sum of thirty thousand dollars as against the 51 holder of a license issued pursuant to sections thirty, thirty-one, 52 fifty-three, sixty-one-a, sixty-one-b, sixty-one-c, seventy-six, seven- 53 ty-six-a and seventy-eight of this chapter, provided that the civil 54 penalty against the holder of a wholesale license issued pursuant to 55 section fifty-three of this chapter shall not exceed the sum of ten 56 thousand dollars where that licensee violates provisions of this chapter
S. 567 3 1 during the course of the sale of beer at retail to a person for consump- 2 tion at home, and the sum of one hundred thousand dollars as against the 3 holder of any license issued pursuant to sections fifty-one, sixty-one 4 and sixty-two of this chapter. Any civil penalty so imposed shall be in 5 addition to and separate and apart from the terms and provisions of the 6 bond required pursuant to section one hundred twelve of this chapter. 7 Provided that no appeal is pending on the imposition of such civil 8 penalty, in the event such civil penalty imposed by the division remains 9 unpaid, in whole or in part, more than forty-five days after written 10 demand for payment has been sent by first class mail to the address of 11 the licensed premises, a notice of impending default judgment shall be 12 sent by first class mail to the licensed premises and by first class 13 mail to the last known home address of the person who signed the most 14 recent license application. The notice of impending default judgment 15 shall advise the licensee: (a) that a civil penalty was imposed on the 16 licensee; (b) the date the penalty was imposed; (c) the amount of the 17 civil penalty; (d) the amount of the civil penalty that remains unpaid 18 as of the date of the notice; (e) the violations for which the civil 19 penalty was imposed; and (f) that a judgment by default will be entered 20 in the supreme court of the county in which the licensed premises are 21 located, or other court of civil jurisdiction, or any other place 22 provided for the entry of civil judgments within the state of New York 23 unless the division receives full payment of all civil penalties due 24 within twenty days of the date of the notice of impending default judg- 25 ment. If full payment shall not have been received by the division with- 26 in thirty days of mailing of the notice of impending default judgment, 27 the division shall proceed to enter with such court a statement of the 28 default judgment containing the amount of the penalty or penalties 29 remaining due and unpaid, along with proof of mailing of the notice of 30 impending default judgment. The filing of such judgment shall have the 31 full force and effect of a default judgment duly docketed with such 32 court pursuant to the civil practice law and rules and shall in all 33 respects be governed by that chapter and may be enforced in the same 34 manner and with the same effect as that provided by law in respect to 35 execution issued against property upon judgments of a court of record. A 36 judgment entered pursuant to this subdivision shall remain in full force 37 and effect for eight years notwithstanding any other provision of law. 38 § 3. The alcoholic beverage control law is amended by adding a new 39 section 61-c to read as follows: 40 § 61-c. Brand owner's license. Any person with a federal basic permit 41 may apply to the liquor authority for a brand owner's license. Such 42 license shall authorize the holder thereof to: 43 1. contract with a licensed manufacturer of alcoholic beverages in 44 this state for the purposes of manufacturing such products; 45 2. appoint a licensed wholesaler authorized to sell and deliver alco- 46 holic beverages in this state as exclusive brand agent for the purposes 47 of soliciting, negotiating, and receiving payments for the sale of alco- 48 holic beverages to retail licensees for on-premises or off-premises 49 consumption; and 50 3. sell such alcoholic beverages to licensed wholesalers authorized to 51 sell and deliver alcoholic beverages in this state appointed as exclu- 52 sive brand agent and be remitted payments for such sales. 53 § 4. Section 66 of the alcoholic beverage control law is amended by 54 adding a new subdivision 3-b to read as follows: 55 3-b. The annual fee for a brand owner's license shall be one hundred 56 twenty-five dollars.
S. 567 4 1 § 5. This act shall take effect immediately; provided, however, that 2 the amendments to subdivision 3 of section 17 of the alcoholic beverage 3 control law made by section one of this act shall be subject to the 4 expiration and reversion of such section pursuant to section 4 of chap- 5 ter 118 of the laws of 2012, as amended, when upon such date section two 6 of this act shall take effect.