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This entry was published on 2021-06-18
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SECTION 18
Powers and duties of the chairman
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 2
* § 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