NY Alcoh Bev Ctrl L § 18 (2021)
2021 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, 2024   * § 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, 2024