Prior to approval of any classroom ATAP school Certificate of Approval, the Director of the proposed classroom school, or such employee as may be appointed by the Director, shall provide the Authority with copies of all written materials associated with the course, and shall perform a mock classroom presentation of proposed course curriculum materials for Authority staff (or in the case of online based classes shall provide Authority staff with electronic access to a complete proposed class for review.) All applications for ATAP School Certificates of Approval must contain the following minimum curriculum requirements:

(a) The licensee's and server's responsibility to not sell, deliver or give alcohol to any person under 21 years of age, or to any person who appears visibly intoxicated;

(b) The licensee's and server's responsibility to reasonably supervise the licensed premises;

(c) The licensee's and server's right to refuse any sale of alcoholic beverages to any underage person, intoxicated person, or person without proper written evidence of age;

(d) The licensee's and server's responsibility to establish that any delivery of alcoholic beverages was made in a reasonable reliance upon written evidence of age;

(e) Information regarding those forms of identification which may legally be accepted as written evidence of age including key features of each form of identification;

(f) Information regarding detection techniques through which false and fraudulent forms of identification may be discovered;

(g) Information regarding the devices and manuals which may be used to aid in the detection of false and fraudulent written evidence of age, and information with regard to the manner in which such devices and manuals may be obtained;

(h) For on-premises licensees, the licensee's and server's responsibility to not allow redelivery to any person under 21 years of age, or to any person who appears visibly intoxicated;

(i) Information regarding criminal liability and penalties for the crime of Unlawfully Dealing with a Child (New York Penal Law Sec. 260.20);

(j) Information regarding civil liabilities, general liabilities, responsibility and general obligations relative to sale of alcoholic beverages (New York General Obligations Law Sections 11-100 and 11-101); [and]

(k) Firsthand accounts from the public, illustrating the consequences of the failure of licensees and/or servers to operate in a safe, legal and responsible manner; and

Statutory authority:

This proposed regulation updating the minimum curriculum requirements for ATAP schools to include information regarding prevention of sexual violence is authorized pursuant to Alcoholic Beverage Control Law (“ABCL”) § 18(10) and would appear as new subdivision (l) of section 106.3 of Title 9, Subtitle B, of the New York Codes, Rules and Regulations (N.Y.C.R.R.).

This regulation is issued pursuant to the following:

ABCL § 18(10), which authorizes the State Liquor Authority (Authority) to promulgate rules and regulations establishing minimum criteria for ATAP schools.

Legislative objectives:

To promote the health, welfare and safety of the people of New York by ensuring retail liquor licensees and their staff members have access to lifesaving information and training.

Needs and benefits:

As part of an overall effort to modernize the Authority’s rules and regulations the Authority hereby seeks to update its ATAP minimum curriculum rules to ensure information regarding sexual violence detection and prevention, including building awareness, increasing bystander intervention skills, and providing support to staff in responding to incidents of violence, are required as part of all ATAP training courses. This regulatory proposal will help promote the health, welfare, and safety of the people of New York by ensuring retail liquor licensees and their staff members have access to information and training to assist in sexual violence detection and prevention.

Costs:

There will be no increased costs to local municipal governments as a result of these proposals, as local municipalities play no role in regulating ATAP providers or courses outside of the same local health code and zoning enforcement that they exercise for every business. There will be minimal increased costs to ATAP providers as a result of these proposals since they will be responsible for adding required information regarding detection and prevention of sexual violence to their curricula, and such information is available for free via the New York State Office for the Prevention of Domestic Violence website (https://opdv.ny.gov/publications/index.html). As a result, there will be no added costs to the Authority, to local governments, or to industry members as a result of the implementation of the proposed rule amendments.

Local government mandates:

None. Local governments play no role in regulating ATAP providers or courses outside of the same local health code and zoning enforcement that they exercise for every business.

Paperwork:

The proposed rule amendments would require ATAP providers to add information regarding detection and prevention of sexual violence to their curricula. The proposed rule amendments impose no new paperwork requirements on Authority staff.

Duplication:

There is no federal or municipal level involvement in regulating ATAP providers.

Alternatives/Federal standards:

An alternative would be for the Office for the Prevention of Domestic Violence to create a discrete program to address this concern of educating the bar/restaurant industry of the issue of sexual violence, rather than taking advantage of the already established ATAP program implemented by the Authority.

Compliance schedule:

The period of time the industry will require to come into compliance is likely to be minimal as the information required to be added to ATAP curricula via this proposal is readily available from numerous sources including the New York State Office for the Prevention of Domestic Violence website as noted above. Since there are no added administrative burdens for the Authority to implement via this rule proposal aside from ensuring the required information is included in all ATAP approvals going forward, the Authority expects to be compliant immediately upon adoption.

The proposed new subdivision (l) of section 106.3 of Title 9, Subtitle B, of the New York Codes, Rules and Regulations (N.Y.C.R.R.) would update the Authority’s ATAP minimum curriculum requirements to ensure education regarding sexual violence detection and prevention is a required part of all ATAP training courses. Such education would include building awareness, increasing bystander intervention skills, and providing support to staff in responding to incidents of violence. This regulatory proposal would thus help the Authority promote the health, welfare and safety of the people of New York by ensuring that retail liquor licensees and their employees have access to this life saving information and training. The amendment, by its very nature, would not impose any adverse economic impact on small businesses or local governments. Participation in ATAP is voluntary. The amendment would not impose reporting, record keeping or other compliance requirements on small businesses or local governments. It is evident from the nature of the proposed amendment that it will have no adverse impact on small businesses or local governments; the Authority thus had no need to take further steps to ascertain those facts. Accordingly, a full Regulatory Flexibility Analysis for Small Businesses and Local Governments is not required for the proposed amendment and none has been prepared.

The proposed new subdivision (l) of section 106.3 of Title 9, Subtitle B, of the New York Codes, Rules and Regulations (N.Y.C.R.R.) would update the Authority’s ATAP minimum curriculum requirements to ensure information regarding sexual violence detection and prevention, including building awareness, increasing bystander intervention skills, and providing support to staff in responding to incidents of violence, are required as part of all ATAP training courses. This regulatory proposal would thus help the Authority promote the health, welfare and safety of the people of New York by ensuring retail liquor licensees and their staff members have access to this lifesaving information and training. The amendment, by its very nature, would not impose any adverse impact on facilities in rural areas, and would not impose reporting, record keeping or other compliance requirements on facilities in rural areas. Because it is evident from the nature of the proposed amendment that it will have no adverse impact on rural areas, no further steps were needed to ascertain those facts and none were taken by the Authority. Accordingly, a full Rural Area Flexibility Analysis is not required for the proposed amendment and none has been prepared.

The proposed new subdivision (l) of section 106.3 of Title 9, Subtitle B, of the New York Codes, Rules and Regulations (N.Y.C.R.R.) would update the Authority’s ATAP minimum curriculum requirements to ensure information regarding sexual violence detection and prevention, including building awareness, increasing bystander intervention skills, and providing support to staff in responding to incidents of violence, are required as part of all ATAP training courses. This regulatory proposal would thus help the Authority promote the health, welfare and safety of the people of New York by ensuring retail liquor licensees and their staff members have access to this lifesaving information and training. The amendment would not impose any new or additional compliance requirements and no new professional services would be required to comply with the proposed rule amendments as this proposal merely seeks to add information regarding sexual violence detection and prevention to the Authority’s minimum ATAP curriculum requirements. As a result, the proposed amendment will not have any adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed amendment that it will have no impact on jobs or employment opportunities, no further steps were needed to ascertain those facts and none were taken by the Authority. Accordingly, a full Job Impact Statement is not required for the proposed amendment and none has been prepared.