(b) 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. Such rules and regulations shall include a requirement that
all curriculums include training related to 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. Such human trafficking awareness
training program shall be implemented by each entity authorized to give
and administer an alcohol training awareness program. Any such entity
that does not implement a human trafficking awareness program as part of
its curriculum shall no longer be authorized to administer any alcohol
training awareness program and shall not be eligible to be certified as
a state liquor authority school. Any alcohol training awareness program
that is currently certified by the state liquor authority shall lose its
certification if such program fails to include human trafficking
awareness training as part of its curriculum.
(c) 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.
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.
* NB Effective July 18, 2024