2019 New York Laws
ABC - Alcoholic Beverage Control
Article 2 - 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, 2021 * § 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, 2021

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