2023 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, 2027
* § 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. (a) 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.
(b) 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. Such rules and regulations shall include a requirement that
all curriculums include training related to human trafficking awareness.
Such human trafficking awareness training curriculum shall be  developed
in  conjunction  with,  and  approved by, the New York state interagency
task force  on  human  trafficking.  Such  human  trafficking  awareness
training  program shall be implemented by each entity authorized to give
and administer an alcohol training awareness program.  Any  such  entity
that does not implement a human trafficking awareness program as part of
its  curriculum  shall no longer be authorized to administer any alcohol
training awareness program and shall not be eligible to be certified  as
a  state liquor authority school. Any alcohol training awareness program
that is currently certified by the state liquor authority shall lose its
certification  if  such  program  fails  to  include  human  trafficking
awareness training as part of its curriculum.
(c) 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, 2027