New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter E - Miscellaneous Provisions › Part 106 - Alcohol Training and Awareness Program › Section 106.3 - Minimum curriculum requirements for ATAP schools

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to approval of any classroom ATAP school
						Certificate of Approval, the Director of the proposed classroom school, or such
						employee as may be appointed by the Director, shall provide the Authority with
						copies of all written materials associated with the course, and shall perform a
						mock classroom presentation of proposed course curriculum materials for
						Authority staff (or in the case of online based classes shall provide Authority
						staff with electronic access to a complete proposed class for review.) All
						applications for ATAP School Certificates of Approval must contain the
						following minimum curriculum requirements:
(a) The licensee's and server's
					 responsibility to not sell, deliver or give alcohol to any person under 21
					 years of age, or to any person who appears visibly intoxicated;
(b) The licensee's and server's
					 responsibility to reasonably supervise the licensed premises;
(c) The licensee's and server's right to
					 refuse any sale of alcoholic beverages to any underage person, intoxicated
					 person, or person without proper written evidence of age;
(d) The licensee's and server's
					 responsibility to establish that any delivery of alcoholic beverages was made
					 in a reasonable reliance upon written evidence of age;
(e) Information regarding those forms of
					 identification which may legally be accepted as written evidence of age
					 including key features of each form of identification;
(f) Information regarding detection
					 techniques through which false and fraudulent forms of identification may be
					 discovered;
(g) Information
					 regarding the devices and manuals which may be used to aid in the detection of
					 false and fraudulent written evidence of age, and information with regard to
					 the manner in which such devices and manuals may be obtained;
(h) For on-premises licensees, the licensee's
					 and server's responsibility to not allow redelivery to any person under 21
					 years of age, or to any person who appears visibly intoxicated;
(i) Information regarding criminal liability
					 and penalties for the crime of Unlawfully Dealing with a Child (New York Penal
					 Law Sec. 260.20);
(j) Information
					 regarding civil liabilities, general liabilities, responsibility and general
					 obligations relative to sale of alcoholic beverages (New York General
					 Obligations Law Sections 11-100 and 11-101); and
(k) Firsthand accounts from the public,
					 illustrating the consequences of the failure of licensees and/or servers to
					 operate in a safe, legal and responsible manner.
(l) Information regarding sexual violence
					 detection and prevention including building awareness, increasing bystander
					 intervention skills and providing support to staff in responding to incidents
					 of violence.
(m) Information
					 regarding 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.