§ 17 — Powers of the authority

New York § 17

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 2: Liquor Authority

Text

* § 17. Powers of the authority. The authority shall have the\nfollowing functions, powers and duties: 1. To issue or refuse to issue\nany license or permit provided for in this chapter.\n 2. To limit in its discretion the number of licenses of each class to\nbe issued within the state or any political subdivision thereof, and in\nconnection therewith to prohibit the acceptance of applications for such\nclass or classes of licenses which have been so limited.\n ** 3. To revoke, cancel or suspend for cause any license or permit\nissued under this chapter and/or to impose a civil penalty for cause\nagainst any holder of a license or permit issued pursuant to this\nchapter. Any civil penalty so imposed shall not exceed the sum of ten\nthousand dollars as against the holder of any retail permit issued\npursuant to sections ninety-five, ninety-seven, ninety-eight,\nninety-nine-d, and paragraph f of subdivision one of section\nninety-nine-b of this chapter, and as against the holder of any retail\nlicense issued pursuant to sections fifty-three-a, fifty-four,\nfifty-four-a, fifty-five, fifty-five-a, sixty-three, sixty-four,\nsixty-four-a, sixty-four-b, sixty-four-c, seventy-six-f, seventy-nine,\neighty-one and eighty-one-a of this chapter, and the sum of thirty\nthousand dollars as against the holder of a license issued pursuant to\nsections thirty, thirty-one, fifty-three, sixty-one-a, sixty-one-b,\nsixty-one-c, seventy-six, seventy-six-a, and seventy-eight of this\nchapter, provided that the civil penalty against the holder of a\nwholesale license issued pursuant to section fifty-three of this chapter\nshall not exceed the sum of ten thousand dollars where that licensee\nviolates provisions of this chapter during the course of the sale of\nbeer at retail to a person for consumption at home, and the sum of one\nhundred thousand dollars as against the holder of any license issued\npursuant to sections fifty-one, sixty-one, and sixty-two of this\nchapter. Any civil penalty so imposed shall be in addition to and\nseparate and apart from the terms and provisions of the bond required\npursuant to section one hundred twelve of this chapter. Provided that no\nappeal is pending on the imposition of such civil penalty, in the event\nsuch civil penalty imposed by the division remains unpaid, in whole or\nin part, more than forty-five days after written demand for payment has\nbeen sent by first class mail to the address of the licensed premises, a\nnotice of impending default judgment shall be sent by first class mail\nto the licensed premises and by first class mail to the last known home\naddress of the person who signed the most recent license application.\nThe notice of impending default judgment shall advise the licensee: (a)\nthat a civil penalty was imposed on the licensee; (b) the date the\npenalty was imposed; (c) the amount of the civil penalty; (d) the amount\nof the civil penalty that remains unpaid as of the date of the notice;\n(e) the violations for which the civil penalty was imposed; and (f) that\na judgment by default will be entered in the supreme court of the county\nin which the licensed premises are located, or other court of civil\njurisdiction or any other place provided for the entry of civil\njudgments within the state of New York unless the division receives full\npayment of all civil penalties due within twenty days of the date of the\nnotice of impending default judgment. If full payment shall not have\nbeen received by the division within thirty days of mailing of the\nnotice of impending default judgment, the division shall proceed to\nenter with such court a statement of the default judgment containing the\namount of the penalty or penalties remaining due and unpaid, along with\nproof of mailing of the notice of impending default judgment. The filing\nof such judgment shall have the full force and effect of a default\njudgment duly docketed with such court pursuant to the civil practice\nlaw and rules and shall in all respects be governed by that chapter and\nmay be enforced in the same manner and with the same effect as that\nprovided by law in respect to execution issued against property upon\njudgments of a court of record. A judgment entered pursuant to this\nsubdivision shall remain in full force and effect for eight years\nnotwithstanding any other provision of law.\n ** NB Effective until February 18, 2026\n ** 3. To revoke, cancel or suspend for cause any license or permit\nissued under this chapter and/or to impose a civil penalty for cause\nagainst any holder of a license or permit issued pursuant to this\nchapter. Any civil penalty so imposed shall not exceed the sum of ten\nthousand dollars as against the holder of any retail permit issued\npursuant to sections ninety-five, ninety-seven, ninety-eight,\nninety-nine-d, and paragraph f of subdivision one of section\nninety-nine-b of this chapter, and as against the holder of any retail\nlicense issued pursuant to sections fifty-three-a, fifty-four,\nfifty-four-a, fifty-five, fifty-five-a, sixty-three, sixty-four,\nsixty-four-a, sixty-four-b, sixty-four-c, sixty-four-f, seventy-six-f,\nseventy-nine, eighty-one and eighty-one-a of this chapter, and the sum\nof thirty thousand dollars as against the holder of a license issued\npursuant to sections thirty, thirty-one, fifty-three, sixty-one-a,\nsixty-one-b, sixty-one-c, seventy-six, seventy-six-a, and seventy-eight\nof this chapter, provided that the civil penalty against the holder of a\nwholesale license issued pursuant to section fifty-three of this chapter\nshall not exceed the sum of ten thousand dollars where that licensee\nviolates provisions of this chapter during the course of the sale of\nbeer at retail to a person for consumption at home, and the sum of one\nhundred thousand dollars as against the holder of any license issued\npursuant to sections fifty-one, sixty-one, and sixty-two of this\nchapter. Any civil penalty so imposed shall be in addition to and\nseparate and apart from the terms and provisions of the bond required\npursuant to section one hundred twelve of this chapter. Provided that no\nappeal is pending on the imposition of such civil penalty, in the event\nsuch civil penalty imposed by the division remains unpaid, in whole or\nin part, more than forty-five days after written demand for payment has\nbeen sent by first class mail to the address of the licensed premises, a\nnotice of impending default judgment shall be sent by first class mail\nto the licensed premises and by first class mail to the last known home\naddress of the person who signed the most recent license application.\nThe notice of impending default judgment shall advise the licensee: (a)\nthat a civil penalty was imposed on the licensee; (b) the date the\npenalty was imposed; (c) the amount of the civil penalty; (d) the amount\nof the civil penalty that remains unpaid as of the date of the notice;\n(e) the violations for which the civil penalty was imposed; and (f) that\na judgment by default will be entered in the supreme court of the county\nin which the licensed premises are located, or other court of civil\njurisdiction or any other place provided for the entry of civil\njudgments within the state of New York unless the division receives full\npayment of all civil penalties due within twenty days of the date of the\nnotice of impending default judgment. If full payment shall not have\nbeen received by the division within thirty days of mailing of the\nnotice of impending default judgment, the division shall proceed to\nenter with such court a statement of the default judgment containing the\namount of the penalty or penalties remaining due and unpaid, along with\nproof of mailing of the notice of impending default judgment. The filing\nof such judgment shall have the full force and effect of a default\njudgment duly docketed with such court pursuant to the civil practice\nlaw and rules and shall in all respects be governed by that chapter and\nmay be enforced in the same manner and with the same effect as that\nprovided by law in respect to execution issued against property upon\njudgments of a court of record. A judgment entered pursuant to this\nsubdivision shall remain in full force and effect for eight years\nnotwithstanding any other provision of law.\n ** NB Effective February 18, 2026 until July 18, 2027\n 4. To fix by rule the standards of manufacture and fermentation in\norder to insure the use of proper ingredients and methods in the\nmanufacture of alcoholic beverages to be sold or consumed in the state.\n 5. To hold hearings, subpoena witnesses, compel their attendance,\nadminister oaths, to examine any person under oath and in connection\ntherewith to require the production of any books or papers relative to\nthe inquiry. A subpoena issued under this section shall be regulated by\nthe civil practice law and rules.\n 6. To prohibit, at any time of public emergency, without previous\nnotice or advertisement, the sale of any or all alcoholic beverages for\nand during the period of such emergency.\n 7. To delegate the powers provided in this section to the chairman, or\nto such other officers or employees as may be designated by the\nchairman.\n 8. To appoint such advisory groups and committees as it deems\nnecessary to provide assistance to the authority to carry out the\npurposes and objectives of this chapter.\n 9. Upon receipt of a resolution adopted by a board of supervisors or a\ncounty legislative body requesting further restriction of hours of sale\nof alcoholic beverages within such county, and upon notice and hearing\nwithin such county, to approve or disapprove such hours within such\ncounty.\n * NB Effective until July 18, 2027\n * § 17. Powers of the authority. The authority shall have the\nfollowing functions, powers and duties: 1. To issue or refuse to issue\nany license or permit provided for in this chapter.\n 2. To limit in its discretion the number of licenses of each class to\nbe issued within the state or any political subdivision thereof, and in\nconnection therewith to prohibit the acceptance of applications for such\nclass or classes of licenses which have been so limited.\n 3. To revoke, cancel or suspend for cause any license or permit issued\nunder this chapter and/or to impose a civil penalty for cause against\nany holder of a license or permit issued pursuant to this chapter. Any\ncivil penalty so imposed shall not exceed the sum of ten thousand\ndollars as against the holder of any retail permit issued pursuant to\nsections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and\nparagraph f of subdivision one of section ninety-nine-b of this chapter,\nand as against the holder of any retail license issued pursuant to\nsections fifty-three-a, fifty-four, fifty-four-a, fifty-five,\nfifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,\nsixty-four-c, sixty-four-f, seventy-six-f, seventy-nine, eighty-one, and\neighty-one-a of this chapter, and the sum of thirty thousand dollars as\nagainst the holder of a license issued pursuant to sections thirty,\nthirty-one, fifty-three, sixty-one-a, sixty-one-b, sixty-one-c,\nseventy-six, seventy-six-a and seventy-eight of this chapter, provided\nthat the civil penalty against the holder of a wholesale license issued\npursuant to section fifty-three of this chapter shall not exceed the sum\nof ten thousand dollars where that licensee violates provisions of this\nchapter during the course of the sale of beer at retail to a person for\nconsumption at home, and the sum of one hundred thousand dollars as\nagainst the holder of any license issued pursuant to sections fifty-one,\nsixty-one and sixty-two of this chapter. Any civil penalty so imposed\nshall be in addition to and separate and apart from the terms and\nprovisions of the bond required pursuant to section one hundred twelve\nof this chapter. Provided that no appeal is pending on the imposition of\nsuch civil penalty, in the event such civil penalty imposed by the\ndivision remains unpaid, in whole or in part, more than forty-five days\nafter written demand for payment has been sent by first class mail to\nthe address of the licensed premises, a notice of impending default\njudgment shall be sent by first class mail to the licensed premises and\nby first class mail to the last known home address of the person who\nsigned the most recent license application. The notice of impending\ndefault judgment shall advise the licensee: (a) that a civil penalty was\nimposed on the licensee; (b) the date the penalty was imposed; (c) the\namount of the civil penalty; (d) the amount of the civil penalty that\nremains unpaid as of the date of the notice; (e) the violations for\nwhich the civil penalty was imposed; and (f) that a judgment by default\nwill be entered in the supreme court of the county in which the licensed\npremises are located, or other court of civil jurisdiction, or any other\nplace provided for the entry of civil judgments within the state of New\nYork unless the division receives full payment of all civil penalties\ndue within twenty days of the date of the notice of impending default\njudgment. If full payment shall not have been received by the division\nwithin thirty days of mailing of the notice of impending default\njudgment, the division shall proceed to enter with such court a\nstatement of the default judgment containing the amount of the penalty\nor penalties remaining due and unpaid, along with proof of mailing of\nthe notice of impending default judgment. The filing of such judgment\nshall have the full force and effect of a default judgment duly docketed\nwith such court pursuant to the civil practice law and rules and shall\nin all respects be governed by that chapter and may be enforced in the\nsame manner and with the same effect as that provided by law in respect\nto execution issued against property upon judgments of a court of\nrecord. A judgment entered pursuant to this subdivision shall remain in\nfull force and effect for eight years notwithstanding any other\nprovision of law.\n 4. To remove any employee of the authority for cause, after giving\nsuch employee a copy of the charges against him in writing, and an\nopportunity to be heard thereon. Any action taken under this subdivision\nshall be subject to and in accordance with the civil service law.\n 5. To fix by rule the standards of manufacture and fermentation in\norder to insure the use of proper ingredients and methods in the\nmanufacture of alcoholic beverages to be sold or consumed in the state.\n 6. To hold hearings, subpoena witnesses, compel their attendance,\nadminister oaths, to examine any person under oath and in connection\ntherewith to require the production of any books or papers relative to\nthe inquiry. A subpoena issued under this section shall be regulated by\nthe civil practice law and rules.\n 7. To prohibit, at any time of public emergency, without previous\nnotice or advertisement, the sale of any or all alcoholic beverages for\nand during the period of such emergency.\n 8. To make an annual report to the governor and the legislature of its\nactivities for the preceding year.\n 8-a. On and after January first, two thousand the report provided for\nin subdivision eight of this section shall include an evaluation of the\neffectiveness of the prohibition on the sale of alcohol to persons under\nthe age of twenty-one as provided in section sixty-five-b of this\nchapter with particular emphasis on the provisions of subdivisions one,\ntwo, three, four and five of section sixty-five-b, subdivision five of\nsection one hundred nineteen and subdivision six of section sixty-five\nof this chapter, paragraph (b) of subdivision seven of section 170.55 of\nthe criminal procedure law and subdivision (f) of section 19.07 of the\nmental hygiene law.\n 8-b. On and after January first, two thousand eleven, the report\nprovided for in subdivision eight of this section shall include\ninformation related to the number of licenses applied for and the length\nof time required for the approval or denial of such retail license\napplied for pursuant to subdivision two-c of section sixty-one, section\nsixty-four, section seventy-six, section seventy-six-a, section\nseventy-six-c, section seventy-six-d, and section seventy-six-f of this\nchapter.\n 9. The powers provided in this section may be delegated by the\nauthority to the chairman, or to such other officers or employees as may\nbe designated by the chairman.\n 10. To appoint such advisory groups and committees as it deems\nnecessary to provide assistance to the authority to carry out the\npurposes and objectives of this chapter.\n 11. Upon receipt of a resolution adopted by a board of supervisors or\na county legislative body requesting further restriction of hours of\nsale of alcoholic beverages within such county, and upon notice and\nhearing within such county, to approve or disapprove such hours within\nsuch county.\n 12. (a) To develop and establish minimum criteria for alcohol training\nawareness programs which may be given and administered by schools; other\nentities including trade associations whose members are engaged in or\ninvolved in the retail sale of alcoholic beverages; national and\nregional franchisors who have granted at least five franchises in the\nstate which are licensed to sell beer at retail for off-premises\nconsumption; licensees authorized to sell alcoholic beverages at retail\nfor off-premises consumption operating five or more licensed premises;\nand persons interested, whether as an individual proprietor or partner\nor officer or member of a limited liability company, in five or more\nlicensees authorized to sell alcoholic beverages at retail for\noff-premises consumption. The authority shall provide for the issuance\nof certificates of approval to all certified alcohol training awareness\nprograms. Certificates of approval may be revoked by the authority for\nfailure to adhere to the authority's rules and regulations. Such rules\nand regulations shall afford those who have been issued a certificate of\napproval an opportunity for a hearing prior to any determination of\nwhether such certificate should be revoked.\n (b) No licensee shall be required to apply for any such certificate or\nrenewal certificate and the licensee may voluntarily surrender such a\ncertificate or renewal certificate at any time. A fee in the amount of\nnine hundred dollars shall be paid to the authority with each\napplication for a certificate of approval or renewal certificate. The\nauthority shall promptly refund such fee to an applicant whose\napplication was denied. Each certificate of approval and renewal thereof\nshall be issued for a period of three years. To effectuate the\nprovisions of this subdivision, the authority is empowered to require in\nconnection with an application the submission of such information as the\nauthority may direct; to prescribe forms of applications and of all\nreports which it deems necessary to be made by any applicant or\ncertificate holder; to conduct investigations; to require the\nmaintenance of such books and records as the authority may direct; to\nrevoke, cancel, or suspend for cause any certificate provided for in\nthis subdivision. Each entity authorized to give and administer an\nalcohol training awareness program shall issue certificates of\ncompletion to all licensees and employees who successfully complete such\nan approved alcohol training awareness program. Such entity shall\nregularly transmit to the authority the names, addresses and dates of\nattendance of all the licensees and employees of licensees who\nsuccessfully complete an approved alcohol training awareness program.\nSuch transmittal shall be in a form and manner prescribed by the\nauthority. The authority shall adopt rules and regulations to effectuate\nthe provisions of this subdivision, including the minimum requirements\nfor the curriculum of each such training program and the regular ongoing\ntraining of employees holding certificates of completion or renewal\ncertificates. Such rules and regulations shall include the minimum\nrequirements for a separate curriculum for licensees and their employees\nauthorized to sell alcoholic beverages at retail for off-premises\nconsumption, minimum requirements for a separate curriculum for\nlicensees and their employees authorized to sell alcoholic beverages at\nretail for on-premises consumption, and the form of a certificate of\ncompletion or renewal thereof to be issued in respect to each such type\nof program. Such rules and regulations shall include a requirement that\nall curriculums include training related to human trafficking awareness.\nSuch human trafficking awareness training curriculum shall be developed\nin conjunction with, and approved by, the New York state interagency\ntask force on human trafficking. Such human trafficking awareness\ntraining program shall be implemented by each entity authorized to give\nand administer an alcohol training awareness program. Any such entity\nthat does not implement a human trafficking awareness program as part of\nits curriculum shall no longer be authorized to administer any alcohol\ntraining awareness program and shall not be eligible to be certified as\na state liquor authority school. Any alcohol training awareness program\nthat is currently certified by the state liquor authority shall lose its\ncertification if such program fails to include human trafficking\nawareness training as part of its curriculum.\n (c) A certificate of completion or renewal thereof issued by an entity\nauthorized to give and administer an alcohol training awareness program\npursuant to this subdivision to licensees and their employees authorized\nto sell alcoholic beverages at retail for off-premises consumption shall\nnot be invalidated by a change of employment to another such licensee. A\ncertificate of completion or renewal thereof issued by an entity\nauthorized to give and administer an alcohol training awareness program\npursuant to this subdivision to licensees and their employees authorized\nto sell alcoholic beverages at retail for on-premises consumption shall\nnot be invalidated by a change of employment to another such licensee.\nAttendance at any course established pursuant to this section shall be\nin person, through distance learning methods, or through an internet\nbased online program.\n 13. To study and report to the governor and the legislature\nbi-ennially on or before February first of each year concerning:\n (a) recommendations to reduce the number and type of licenses, and to\nestablish a uniform, statewide schedule of fees, such recommendations to\ninclude the development of a master application form for all licenses,\nwith specific exhibits required for specific licenses, as appropriate,\nas well as recommendations on a non-refundable application fee set at a\nlevel which will cover the cost of the review and which would be applied\nagainst the first year license fee if the application is granted;\n (b) recommendations to simplify license renewal procedures;\n (c) recommendations to streamline the processing of applications and\nto eliminate duplication of reviews, such recommendations to include\nuniform standards for application review and decision which shall seek\nto assure that the review is as objective as possible and to narrow the\ndiscretion of the authority or of any reviewer employed by the\nauthority;\n (d) the extent to which quality of life issues, such as noise level,\nvehicular traffic and parking are considered in licensing decisions,\nparticularly as such issues pertain to proceedings pursuant to\nsubdivision seven of section sixty-four of this chapter;\n (e) recommendations to improve enforcement methodologies in order to\nprotect the health and safety of residents of communities experiencing\npersistent problems in the operation of retail establishments;\n (f) recommendations concerning the addition of field enforcement\npersonnel and the ratios of such field enforcement personnel to the\ntotal numbers of licensees that in the view of the authority would be\nappropriate to insure compliance with the law. Such study shall provide\na detailed analysis of the costs and projected revenues to be obtained\nfrom the addition of such field enforcement personnel;\n (g) such other observations and recommendations concerning the\nactivities of the authority as will improve its effectiveness and\nefficiency including the utilization of on-line services to provide\ninformation on a fee-for-service basis; and\n (h) provide information concerning the name, total quantity and total\nprice of wine purchased from New York state and out-of-state wineries\nand farm wineries, and such other information on and recommendations\nconcerning interstate wine shipment.\n 14. For state fiscal year two thousand nine--two thousand ten, the\nauthority shall, within amounts appropriated therefore, improve and\nupdate their information technology in order to meet federal security\nrequirements and to assist in the processing of license and/or permit\napplications and renewals.\n * NB Effective July 18, 2027\n