2023 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. (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.
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, 2027
* § 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, 2027