2012 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 2 - (10 - 19) LIQUOR AUTHORITY
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.  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.
    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, 2015
    * § 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, 2015