2012 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 2 - (10 - 19) LIQUOR AUTHORITY
17 - Powers of the authority.

 
    * § 17. Powers   of  the  authority.  The  authority  shall  have  the
  following functions, powers and duties: 1. To issue or refuse  to  issue
  any license or permit provided for in this chapter.
    2.  To limit in its discretion the number of licenses of each class to
  be issued within the state or any political subdivision thereof, and  in
  connection therewith to prohibit the acceptance of applications for such
  class or classes of licenses which have been so limited.
    3. To revoke, cancel or suspend for cause any license or permit issued
  under  this  chapter  and/or to impose a civil penalty for cause against
  any holder of a license or permit issued pursuant to this  chapter.  Any
  civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
  dollars as against the holder of any retail permit  issued  pursuant  to
  sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d  and
  paragraph f of subdivision one of section ninety-nine-b of this  chapter
  and  as  against  the  holder  of  any retail license issued pursuant to
  sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
  fifty-five-a,  sixty-three,  sixty-four,   sixty-four-a,   sixty-four-b,
  sixty-four-c, seventy-nine, eighty-one and eighty-one-a of this chapter,
  and  the  sum  of  thirty  thousand  dollars  as against the holder of a
  license  issued   pursuant   to   sections   fifty-three,   seventy-six,
  seventy-six-a,  and  seventy-eight  of  this  chapter, provided that the
  civil penalty against the holder of a wholesale license issued  pursuant
  to  section  fifty-three of this chapter shall not exceed the sum of ten
  thousand dollars where that licensee violates provisions of this chapter
  during the course of the  sale  of  beer  at  retail  to  a  person  for
  consumption  at  home,  and  the  sum of one hundred thousand dollars as
  against the holder of any license issued pursuant to sections fifty-one,
  sixty-one and sixty-two of this chapter. Any civil  penalty  so  imposed
  shall  be  in  addition  to  and  separate  and apart from the terms and
  provisions of the bond required pursuant to section one  hundred  twelve
  of this chapter. Provided that no appeal is pending on the imposition of
  such  civil  penalty,  in  the  event  such civil penalty imposed by the
  division remains unpaid, in whole or in part, more than forty-five  days
  after  written  demand  for payment has been sent by first class mail to
  the address of the licensed premises,  a  notice  of  impending  default
  judgment  shall be sent by first class mail to the licensed premises and
  by first class mail to the last known home address  of  the  person  who
  signed  the  most  recent  license  application. The notice of impending
  default judgment shall advise the licensee: (a) that a civil penalty was
  imposed on the licensee; (b) the date the penalty was imposed;  (c)  the
  amount  of  the  civil penalty; (d) the amount of the civil penalty that
  remains unpaid as of the date of the  notice;  (e)  the  violations  for
  which  the civil penalty was imposed; and (f) that a judgment by default
  will be entered in the supreme court of the county in which the licensed
  premises are located, or other court of civil jurisdiction or any  other
  place  provided for the entry of civil judgments within the state of New
  York unless the division receives full payment of  all  civil  penalties
  due  within  twenty  days of the date of the notice of impending default
  judgment. If full payment shall not have been received by  the  division
  within  thirty  days  of  mailing  of  the  notice  of impending default
  judgment, the  division  shall  proceed  to  enter  with  such  court  a
  statement  of  the default judgment containing the amount of the penalty
  or penalties remaining due and unpaid, along with proof  of  mailing  of
  the  notice  of  impending default judgment. The filing of such judgment
  shall have the full force and effect of a default judgment duly docketed
  with such court pursuant to the civil practice law and rules  and  shall
  in  all  respects be governed by that chapter and may be enforced in the
  same manner and with the same effect as that provided by law in  respect

  to  execution  issued  against  property  upon  judgments  of a court of
  record. A judgment entered pursuant to this subdivision shall remain  in
  full  force  and  effect  for  eight  years  notwithstanding  any  other
  provision of law.
    4.  To  fix  by  rule the standards of manufacture and fermentation in
  order to insure the  use  of  proper  ingredients  and  methods  in  the
  manufacture of alcoholic beverages to be sold or consumed in the state.
    5.  To  hold  hearings,  subpoena  witnesses, compel their attendance,
  administer oaths, to examine any person under  oath  and  in  connection
  therewith  to  require the production of any books or papers relative to
  the inquiry. A subpoena issued under this section shall be regulated  by
  the civil practice law and rules.
    6.  To  prohibit,  at  any  time of public emergency, without previous
  notice or advertisement, the sale of any or all alcoholic beverages  for
  and during the period of such emergency.
    7. To delegate the powers provided in this section to the chairman, or
  to  such  other  officers  or  employees  as  may  be  designated by the
  chairman.
    8. To  appoint  such  advisory  groups  and  committees  as  it  deems
  necessary  to  provide  assistance  to  the  authority  to carry out the
  purposes and objectives of this chapter.
    9. Upon receipt of a resolution adopted by a board of supervisors or a
  county legislative body requesting further restriction of hours of  sale
  of  alcoholic  beverages within such county, and upon notice and hearing
  within such county, to approve or  disapprove  such  hours  within  such
  county.
    * NB Effective until July 18, 2015
    * § 17. Powers   of  the  authority.  The  authority  shall  have  the
  following functions, powers and duties: 1. To issue or refuse  to  issue
  any license or permit provided for in this chapter.
    2.  To limit in its discretion the number of licenses of each class to
  be issued within the state or any political subdivision thereof, and  in
  connection therewith to prohibit the acceptance of applications for such
  class or classes of licenses which have been so limited.
    3. To revoke, cancel or suspend for cause any license or permit issued
  under  this  chapter  and/or to impose a civil penalty for cause against
  any holder of a license or permit issued pursuant to this  chapter.  Any
  civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
  dollars as against the holder of any retail permit  issued  pursuant  to
  sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d  and
  paragraph f of subdivision one of section ninety-nine-b of this  chapter
  and  as  against  the  holder  of  any retail license issued pursuant to
  sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
  fifty-five-a,  sixty-three,  sixty-four,   sixty-four-a,   sixty-four-b,
  sixty-four-c, seventy-nine, eighty-one and eighty-one-a of this chapter,
  and  the  sum  of  thirty  thousand  dollars  as against the holder of a
  license  issued   pursuant   to   sections   fifty-three,   seventy-six,
  seventy-six-a,   seventy-six-f,   and  seventy-eight  of  this  chapter,
  provided that the civil  penalty  against  the  holder  of  a  wholesale
  license issued pursuant to section fifty-three of this chapter shall not
  exceed  the  sum  of  ten  thousand dollars where that licensee violates
  provisions of this chapter during the course of  the  sale  of  beer  at
  retail  to  a person for consumption at home, and the sum of one hundred
  thousand dollars as against the holder of any license issued pursuant to
  sections fifty-one, sixty-one and sixty-two of this chapter.  Any  civil
  penalty  so  imposed shall be in addition to and separate and apart from
  the terms and provisions of the bond required pursuant  to  section  one
  hundred  twelve  of  this chapter. Provided that no appeal is pending on

  the imposition of such civil penalty, in the event  such  civil  penalty
  imposed  by  the division remains unpaid, in whole or in part, more than
  forty-five days after written demand for payment has been sent by  first
  class  mail  to  the  address  of  the  licensed  premises,  a notice of
  impending default judgment shall be sent by  first  class  mail  to  the
  licensed premises and by first class mail to the last known home address
  of the person who signed the most recent license application. The notice
  of  impending  default  judgment  shall  advise the licensee: (a) that a
  civil penalty was imposed on the licensee; (b) the date the penalty  was
  imposed;  (c)  the  amount  of  the civil penalty; (d) the amount of the
  civil penalty that remains unpaid as of the date of the notice; (e)  the
  violations  for  which  the  civil  penalty  was imposed; and (f) that a
  judgment by default will be entered in the supreme court of  the  county
  in  which  the  licensed  premises  are located, or other court of civil
  jurisdiction or  any  other  place  provided  for  the  entry  of  civil
  judgments within the state of New York unless the division receives full
  payment of all civil penalties due within twenty days of the date of the
  notice  of  impending  default  judgment. If full payment shall not have
  been received by the division within  thirty  days  of  mailing  of  the
  notice  of  impending  default  judgment,  the division shall proceed to
  enter with such court a statement of the default judgment containing the
  amount of the penalty or penalties remaining due and unpaid, along  with
  proof of mailing of the notice of impending default judgment. The filing
  of  such  judgment  shall  have  the  full force and effect of a default
  judgment duly docketed with such court pursuant to  the  civil  practice
  law  and rules and shall in all respects be governed by that chapter and
  may be enforced in the same manner and with  the  same  effect  as  that
  provided  by  law  in  respect to execution issued against property upon
  judgments of a court of record. A  judgment  entered  pursuant  to  this
  subdivision  shall  remain  in  full  force  and  effect for eight years
  notwithstanding any other provision of law.
    4. To remove any employee of the authority  for  cause,  after  giving
  such  employee  a  copy  of  the  charges against him 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 fix by rule the standards of  manufacture  and  fermentation  in
  order  to  insure  the  use  of  proper  ingredients  and methods in the
  manufacture of alcoholic beverages to be sold or consumed in the state.
    6. To hold hearings,  subpoena  witnesses,  compel  their  attendance,
  administer  oaths,  to  examine  any person under oath and in connection
  therewith to require the production of any books or papers  relative  to
  the  inquiry. A subpoena issued under this section shall be regulated by
  the civil practice law and rules.
    7. To prohibit, at any time  of  public  emergency,  without  previous
  notice  or advertisement, the sale of any or all alcoholic beverages for
  and during the period of such emergency.
    8. To make an annual report to the governor and the legislature of its
  activities for the preceding year.
    8-a. On and after January first, two thousand the report provided  for
  in  subdivision eight 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.

    8-b.  On  and  after  January  first,  two thousand eleven, the report
  provided  for  in  subdivision  eight  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,  section seventy-six-d, and section seventy-six-f of this
  chapter.
    9. The powers provided  in  this  section  may  be  delegated  by  the
  authority to the chairman, or to such other officers or employees as may
  be designated by the chairman.
    10.  To  appoint  such  advisory  groups  and  committees  as it deems
  necessary to provide assistance  to  the  authority  to  carry  out  the
  purposes and objectives of this chapter.
    11.  Upon receipt of a resolution adopted by a board of supervisors or
  a county legislative body requesting further  restriction  of  hours  of
  sale  of  alcoholic  beverages  within  such county, and upon notice and
  hearing within such county, to approve or disapprove such  hours  within
  such county.
    12.  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.
    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. 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.
    13.  To  study  and  report  to  the  governor  and  the   legislature
  bi-ennially 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.
    14. For state fiscal year two thousand  nine--two  thousand  ten,  the
  authority  shall,  within  amounts  appropriated  therefore, 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 July 18, 2015