Section 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.
    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.
    14. For state fiscal year two thousand  nine--two  thousand  ten,  the
  authority  shall,  within  amounts  appropriated  therefore, 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.