NY Alcoh Bev Ctrl L § 17 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 2 - 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-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-six-f,  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 thirty, thirty-one, fifty-three, sixty-one-a, sixty-one-b, 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, 2024   * § 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-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-six-f, 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 thirty, thirty-one, fifty-three, sixty-one-a, sixty-one-b,  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 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, 2024