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ARTICLE 2
LIQUOR AUTHORITY
Section 10. State liquor authority.
11. Appointment of authority.
12. Expenses.
13. Removal.
14. Vacancies; quorum.
15. Officers; employees; offices.
16. Disqualification of members and employees of authority.
17. Powers of the authority.
18. Powers and duties of the chairman.
19. Oath of office.
S 10. State liquor authority. There shall continue to be in the
executive department an alcoholic beverage control division, the head of
which shall be the state liquor authority which shall consist of three
members, who shall be known as commissioners, all of whom shall be
citizens and residents of the state. The state alcoholic beverage
control board created and appointed pursuant to chapter one hundred
eighty of the laws of nineteen hundred thirty-three, as presently
constituted, shall continue in existence and hereafter shall be known
and designated as the state liquor authority. The terms "state
alcoholic beverage control board", "state board", "liquor authority", or
"authority", wherever occurring in any of the provisions of this chapter
or of any other law, or in any official books, records, instruments,
rules or papers, shall hereafter mean and refer to the state liquor
authority provided for in this section.
S 11. Appointment of authority. The members of the authority shall be
appointed by the governor by and with the advice and consent of the
senate. Not more than two members of the authority shall belong to the
same political party. The chairman of the state alcoholic beverage
control board heretofore appointed and designated by the governor and
the remaining members of such board heretofore appointed by the governor
shall continue to serve as chairman and members of the authority until
the expiration of the respective terms for which they were appointed.
Upon the expiration of such respective terms the successors of such
chairman and members shall be appointed to serve for a term of three
years each and until their successors have been appointed and qualified.
S 12. Expenses. Each member of the authority shall be entitled to his
expenses actually and necessarily incurred by him in the performance of
his duties.
S 13. Removal. Any member of the authority may be removed by the
governor for cause after an opportunity to be heard. A statement of the
cause of his removal shall be filed by the governor in the office of the
secretary of state.
S 14. Vacancies; quorum. In the event of a vacancy caused by the
death, resignation, removal or disability of any member, the vacancy
shall be filled by the governor by and with the advice and consent of
the senate for the unexpired term. A majority of the members of the
authority shall constitute a quorum for the purpose of conducting the
business thereof and a majority vote of all the members in office shall
be necessary for action.
S 15. Officers; employees; offices. The authority shall have power to
appoint any necessary deputies, counsels, assistants, investigators, and
other employees within the limits provided by appropriation.
Investigators so employed by the Authority shall be deemed to be peace
officers for the purpose of enforcing the provisions of the alcoholic
beverage control law or judgements or orders obtained for violation
thereof, with all the powers set forth in section 2.20 of the criminal
procedure law. The counsel, secretary, chief executive officer,
assistant chief executive officers, confidential secretaries to
commissioners and deputies shall be in the exempt class of the civil
service. The other assistants, investigators and employees of the
authority shall all be in the competitive class of the civil service.
The authority shall continue to have its principal office in the city of
Albany, and may maintain a branch office in the cities of New York and
Buffalo and such other places as it may deem necessary.
The authority shall 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.
S 16. Disqualification of members and employees of authority. No
member of the authority or any officer, deputy, assistant, inspector or
employee thereof shall have any interest, direct or indirect, either
proprietary or by means of any loan, mortgage or lien, or in any other
manner, in or on any premises where alcoholic beverages are manufactured
or sold; nor shall he have any interest, direct or indirect, in any
business wholly or partially devoted to the manufacture, sale,
transportation or storage of alcoholic beverages, or own any stock in
any corporation which has any interest, proprietary or otherwise, direct
or indirect, in any premises where alcoholic beverages are manufactured
or sold, or in any business wholly or partially devoted to the
manufacture, sale, transportation or storage of alcoholic beverages, or
receive any commission or profit whatsoever, direct or indirect, from
any person applying for or receiving any license or permit provided for
in this chapter, or hold any other public office in the state or in any
political subdivision except upon the written permission of the liquor
authority, such member of the authority or officer, deputy, assistant,
inspector or employee thereof may hold the public office of notary
public or member of a community board of education in the city school
district of the city of New York. Any one who violates any of the
provisions of this section shall be removed.
S 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-two, 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-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 fifty-three, 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.
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.
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.
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; and
(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.
S 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.
S 19. Oath of office. Each member of the authority shall, before
entering upon his duties, take and file an oath of office as prescribed
by section ten of the public officers law.