§ 18 — Powers and duties of the chairman

New York § 18

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

Text

* § 18. Powers and duties of the chairman. The chairman shall have the\nfollowing functions, powers and duties:\n 1. To exercise the powers and perform the duties in relation to the\nadministration of the division of alcoholic beverage control as are not\nspecifically vested by this chapter in the state liquor authority,\nincluding but not limited to budgetary and fiscal matters.\n 2. To preside at all meetings of the authority and perform the\nadministrative functions of the authority.\n 3. To appoint any necessary deputies, counsels, assistants,\ninvestigators, and other employees within the limits provided by\nappropriation.\n 4. To remove any employee of the authority for cause, after giving\nsuch employee a copy of the charges against him or her in writing, and\nan opportunity to be heard thereon. Any action taken under this\nsubdivision shall be subject to and in accordance with the civil service\nlaw.\n 5. To keep records in such form as he or she may prescribe of all\nlicenses and permits issued and revoked within the state; such records\nshall be so kept as to provide ready information as to the identity of\nall licensees including the names of the officers and directors of\ncorporate licensees and the location of all licensed premises. The\nchairman may, with the approval of the commissioner of taxation and\nfinance, contract to furnish copies of the records of licenses and\npermits of each class and type issued within the state or any political\nsubdivision thereof, for any license or permit year or term of years not\nexceeding five years.\n 6. To inspect or provide for the inspection of any premises where\nalcoholic beverages are manufactured or sold.\n 7. To prescribe forms of applications for licenses and permits under\nthis chapter and of all reports deemed necessary by the authority.\n 8. To delegate to the officers and employees of the authority such of\nhis or her powers and duties as he or she may determine.\n 9. To establish appropriate procedures to insure that hearing officers\nare shielded from ex parte communications with alleged violators and\ntheir attorneys and from other employees of the authority and shall take\nsuch other steps as it shall deem necessary and proper to shield its\njudicial processes from unwarranted and inappropriate communications and\nattempts to influence.\n 10. (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 11. To make an annual report to the governor and the legislature of\nits activities for the preceding year.\n 12. On and after January first, two thousand twelve, the report\nprovided for in subdivision eleven of this section shall include an\nevaluation of the effectiveness of the prohibition on the sale of\nalcohol to persons under the age of twenty-one as provided in section\nsixty-five-b of this chapter with particular emphasis on the provisions\nof subdivisions one, two, three, four and five of section sixty-five-b,\nsubdivision five of section one hundred nineteen and subdivision six of\nsection sixty-five of this chapter, paragraph (b) of subdivision seven\nof section 170.55 of the criminal procedure law and subdivision (f) of\nsection 19.07 of the mental hygiene law.\n 13. On and after January first, two thousand twelve, the report\nprovided for in subdivision eleven 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, and section seventy-six-d of this chapter.\n 14. To study and report to the governor and the legislature biennially\non 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 15. For state fiscal year two thousand twelve--two thousand thirteen,\nthe authority shall, within amounts appropriated therefor, 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 until July 18, 2027\n * § 18. Powers and duties of the chairman. The chairman shall have the\nfollowing functions, powers and duties:\n 1. To exercise the powers and perform the duties in relation to the\nadministration of the division of alcoholic beverage control as are not\nspecifically vested by this chapter in the state liquor authority.\n 2. To preside at all meetings of the authority and perform the\nadministrative functions of the authority.\n 3. To keep records in such form as he may prescribe of all licenses\nand permits issued and revoked within the state; such records shall be\nso kept as to provide ready information as to the identity of all\nlicensees including the names of the officers and directors of corporate\nlicensees and the location of all licensed premises. The chairman may,\nwith the approval of the commissioner of taxation and finance, contract\nto furnish copies of the records of licenses and permits of each class\nand type issued within the state or any political subdivision thereof,\nfor any license or permit year or term of years not exceeding five\nyears.\n 4. To inspect or provide for the inspection of any premises where\nalcoholic beverages are manufactured or sold.\n 5. To prescribe forms of applications for licenses and permits under\nthis chapter and of all reports deemed necessary by the authority.\n 6. To delegate to the officers and employees of the division such of\nhis powers and duties as he may determine.\n * NB Effective July 18, 2027\n