N.Y. Alcoholic Beverage Control Law § 18: Powers and duties of the chairman

* § 18. Powers and duties of the chairman. The chairman shall have the

following functions, powers and duties:

1. To exercise the powers and perform the duties in relation to the

administration of the division of alcoholic beverage control as are not

specifically vested by this chapter in the state liquor authority,

including but not limited to budgetary and fiscal matters.

2. To preside at all meetings of the authority and perform the

administrative functions of the authority.

3. To appoint any necessary deputies, counsels, assistants,

investigators, and other employees within the limits provided by

appropriation.

4. To remove any employee of the authority for cause, after giving

such employee a copy of the charges against him or her in writing, and

an opportunity to be heard thereon. Any action taken under this

subdivision shall be subject to and in accordance with the civil service

law.

5. To keep records in such form as he or she may prescribe of all

licenses and permits issued and revoked within the state; such records

shall be so kept as to provide ready information as to the identity of

all licensees including the names of the officers and directors of

corporate licensees and the location of all licensed premises. The

chairman may, with the approval of the commissioner of taxation and

finance, contract to furnish copies of the records of licenses and

permits of each class and type issued within the state or any political

subdivision thereof, for any license or permit year or term of years not

exceeding five years.

6. To inspect or provide for the inspection of any premises where

alcoholic beverages are manufactured or sold.

7. To prescribe forms of applications for licenses and permits under

this chapter and of all reports deemed necessary by the authority.

8. To delegate to the officers and employees of the authority such of

his or her powers and duties as he or she may determine.

9. To establish appropriate procedures to insure that hearing officers

are shielded from ex parte communications with alleged violators and

their attorneys and from other employees of the authority and shall take

such other steps as it shall deem necessary and proper to shield its

judicial processes from unwarranted and inappropriate communications and

attempts to influence.

10. (a) To develop and establish minimum criteria for alcohol training

awareness programs which may be given and administered by schools; other

entities including trade associations whose members are engaged in or

involved in the retail sale of alcoholic beverages; national and

regional franchisors who have granted at least five franchises in the

state which are licensed to sell beer at retail for off-premises

consumption; licensees authorized to sell alcoholic beverages at retail

for off-premises consumption operating five or more licensed premises;

and persons interested, whether as an individual proprietor or partner

or officer or member of a limited liability company, in five or more

licensees authorized to sell alcoholic beverages at retail for

off-premises consumption. The authority shall provide for the issuance

of certificates of approval to all certified alcohol training awareness

programs. Certificates of approval may be revoked by the authority for

failure to adhere to the authority's rules and regulations. Such rules

and regulations shall afford those who have been issued a certificate of

approval an opportunity for a hearing prior to any determination of

whether such certificate should be revoked.

(b) No licensee shall be required to apply for any such certificate or

renewal certificate and the licensee may voluntarily surrender such a

certificate or renewal certificate at any time. A fee in the amount of

nine hundred dollars shall be paid to the authority with each

application for a certificate of approval or renewal certificate. The

authority shall promptly refund such fee to an applicant whose

application was denied. Each certificate of approval and renewal thereof

shall be issued for a period of three years. To effectuate the

provisions of this subdivision, the authority is empowered to require in

connection with an application the submission of such information as the

authority may direct; to prescribe forms of applications and of all

reports which it deems necessary to be made by any applicant or

certificate holder; to conduct investigations; to require the

maintenance of such books and records as the authority may direct; to

revoke, cancel, or suspend for cause any certificate provided for in

this subdivision. Each entity authorized to give and administer an

alcohol training awareness program shall issue certificates of

completion to all licensees and employees who successfully complete such

an approved alcohol training awareness program. Such entity shall

regularly transmit to the authority the names, addresses and dates of

attendance of all the licensees and employees of licensees who

successfully complete an approved alcohol training awareness program.

Such transmittal shall be in a form and manner prescribed by the

authority. The authority shall adopt rules and regulations to effectuate

the provisions of this subdivision, including the minimum requirements

for the curriculum of each such training program and the regular ongoing

training of employees holding certificates of completion or renewal

certificates. Such rules and regulations shall include the minimum

requirements for a separate curriculum for licensees and their employees

authorized to sell alcoholic beverages at retail for off-premises

consumption, minimum requirements for a separate curriculum for

licensees and their employees authorized to sell alcoholic beverages at

retail for on-premises consumption, and the form of a certificate of

completion or renewal thereof to be issued in respect to each such type

of program. Such rules and regulations shall include a requirement that

all curriculums include training related to human trafficking awareness.

Such human trafficking awareness training curriculum shall be developed

in conjunction with, and approved by, the New York state interagency

task force on human trafficking. Such human trafficking awareness

training program shall be implemented by each entity authorized to give

and administer an alcohol training awareness program. Any such entity

that does not implement a human trafficking awareness program as part of

its curriculum shall no longer be authorized to administer any alcohol

training awareness program and shall not be eligible to be certified as

a state liquor authority school. Any alcohol training awareness program

that is currently certified by the state liquor authority shall lose its

certification if such program fails to include human trafficking

awareness training as part of its curriculum.

(c) A certificate of completion or renewal thereof issued by an entity

authorized to give and administer an alcohol training awareness program

pursuant to this subdivision to licensees and their employees authorized

to sell alcoholic beverages at retail for off-premises consumption shall

not be invalidated by a change of employment to another such licensee. A

certificate of completion or renewal thereof issued by an entity

authorized to give and administer an alcohol training awareness program

pursuant to this subdivision to licensees and their employees authorized

to sell alcoholic beverages at retail for on-premises consumption shall

not be invalidated by a change of employment to another such licensee.

Attendance at any course established pursuant to this section shall be

in person, through distance learning methods, or through an internet

based online program.

11. To make an annual report to the governor and the legislature of

its activities for the preceding year.

12. On and after January first, two thousand twelve, the report

provided for in subdivision eleven of this section shall include an

evaluation of the effectiveness of the prohibition on the sale of

alcohol to persons under the age of twenty-one as provided in section

sixty-five-b of this chapter with particular emphasis on the provisions

of subdivisions one, two, three, four and five of section sixty-five-b,

subdivision five of section one hundred nineteen and subdivision six of

section sixty-five of this chapter, paragraph (b) of subdivision seven

of section 170.55 of the criminal procedure law and subdivision (f) of

section 19.07 of the mental hygiene law.

13. On and after January first, two thousand twelve, the report

provided for in subdivision eleven of this section shall include

information related to the number of licenses applied for and the length

of time required for the approval or denial of such retail license

applied for pursuant to subdivision two-c of section sixty-one, section

sixty-four, section seventy-six, section seventy-six-a, section

seventy-six-c, and section seventy-six-d of this chapter.

14. To study and report to the governor and the legislature biennially

on or before February first of each year concerning:

(a) recommendations to reduce the number and type of licenses, and to

establish a uniform, statewide schedule of fees, such recommendations to

include the development of a master application form for all licenses,

with specific exhibits required for specific licenses, as appropriate,

as well as recommendations on a non-refundable application fee set at a

level which will cover the cost of the review and which would be applied

against the first year license fee if the application is granted;

(b) recommendations to simplify license renewal procedures;

(c) recommendations to streamline the processing of applications and

to eliminate duplication of reviews, such recommendations to include

uniform standards for application review and decision which shall seek

to assure that the review is as objective as possible and to narrow the

discretion of the authority or of any reviewer employed by the

authority;

(d) the extent to which quality of life issues, such as noise level,

vehicular traffic and parking are considered in licensing decisions,

particularly as such issues pertain to proceedings pursuant to

subdivision seven of section sixty-four of this chapter;

(e) recommendations to improve enforcement methodologies in order to

protect the health and safety of residents of communities experiencing

persistent problems in the operation of retail establishments;

(f) recommendations concerning the addition of field enforcement

personnel and the ratios of such field enforcement personnel to the

total numbers of licensees that in the view of the authority would be

appropriate to insure compliance with the law. Such study shall provide

a detailed analysis of the costs and projected revenues to be obtained

from the addition of such field enforcement personnel;

(g) such other observations and recommendations concerning the

activities of the authority as will improve its effectiveness and

efficiency including the utilization of on-line services to provide

information on a fee-for-service basis; and

(h) provide information concerning the name, total quantity and total

price of wine purchased from New York state and out-of-state wineries

and farm wineries, and such other information on and recommendations

concerning interstate wine shipment.

15. For state fiscal year two thousand twelve--two thousand thirteen,

the authority shall, within amounts appropriated therefor, improve and

update their information technology in order to meet federal security

requirements and to assist in the processing of license and/or permit

applications and renewals.

* NB Effective until July 18, 2027

* § 18. Powers and duties of the chairman. The chairman shall have the

following functions, powers and duties:

1. To exercise the powers and perform the duties in relation to the

administration of the division of alcoholic beverage control as are not

specifically vested by this chapter in the state liquor authority.

2. To preside at all meetings of the authority and perform the

administrative functions of the authority.

3. To keep records in such form as he may prescribe of all licenses

and permits issued and revoked within the state; such records shall be

so kept as to provide ready information as to the identity of all

licensees including the names of the officers and directors of corporate

licensees and the location of all licensed premises. The chairman may,

with the approval of the commissioner of taxation and finance, contract

to furnish copies of the records of licenses and permits of each class

and type issued within the state or any political subdivision thereof,

for any license or permit year or term of years not exceeding five

years.

4. To inspect or provide for the inspection of any premises where

alcoholic beverages are manufactured or sold.

5. To prescribe forms of applications for licenses and permits under

this chapter and of all reports deemed necessary by the authority.

6. To delegate to the officers and employees of the division such of

his powers and duties as he may determine.

* NB Effective July 18, 2027