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New York Alcoholic Beverage Control Law Section 17 - Powers Of The Authority.Legal Research Home > New York Lawyer > Alcoholic Beverage Control > New York Alcoholic Beverage Control Law Section 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-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, seventy-six-f, 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. The liquor authority shall provide a report to the governor and
the legislature on or before April fifteenth, two thousand four and a
final report for every year thereafter on April fifteenth on liquor and
wine licenses. Both reports shall include findings on the number and
kinds of licenses by county and new licenses issued under section sixty
and section seventy-five of this chapter. In the final report the state
liquor authority shall offer recommendations as to whether the program
should be extended, modified, eliminated or made permanent.
* NB Repealed May 15, 2008
* 8-c. The state liquor authority shall promulgate rules and
regulations to effectuate the purposes of section sixty, section
seventy-five and subdivision fourteen of section one hundred five of
this chapter. The authority may enforce the requirements of subdivision
fourteen of section one hundred five by administrative proceedings to
suspend or revoke a license and the authority may accept payment of an
administrative fine in lieu of suspension, such payments to be
determined by rules or regulations promulgated by the authority.
* NB Repealed May 15, 2008
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;
(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.
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Last modified: August 26, 2006 |