Title 9 Part 106

This Part shall apply to all Alcohol Training Awareness Program (ATAP) school certificates of approval and student certificates of completion issued pursuant to the Alcoholic Beverage Control Law.

An application for an ATAP school certificate of approval must be made on a form designated by the authority and contain such information as shall be required by the authority, including but not limited to all proposed course curriculum materials. Each ATAP school applicant shall designate an individual to act as a director, and the director shall be responsible for filing the application for ATAP school certificate of approval, administration of approved ATAP school curriculum, issuance of student certificates of completion, and maintaining all of the ATAP school records, as required by the Alcoholic Beverage Control Law and this Part. Completed applications for ATAP school certificates of approval, program materials, and the statutorily required application fee as set forth in the Alcoholic Beverage Control Law must be forwarded to New York State Liquor Authority, Alcohol Training Awareness Program, 80 South Swan Street, Suite 900, Albany, NY 12210. (Application fees must be in the form of a certified check or money order, and made payable to the New York State Liquor Authority.)

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. (l) 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. (m) Information regarding 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.

All approved classroom ATAP schools must provide the authority with a minimum of 14 days prior notification in advance of all classroom sessions utilizing a form and containing such information as shall be designated by the authority.

At the conclusion of each classroom session for approved classroom ATAP schools, the director or such employee as shall be designated by the director, shall provide each student that has successfully completed the approved classroom ATAP curriculum with a student certificate of completion on a form designated by the authority. Within seven days after any ATAP school has held a session of an approved ATAP program (whether classroom or online), the school must transmit to the authority a roster of all students who successfully completed said class, in a format as directed by the authority. Within seven days after the completion of a session of any approved ATAP school (whether classroom or online), the school must transmit to each person who has successfully completed the approved ATAP curriculum a certificate of completion in a format as directed by the authority.

The authority shall prescribe the form and manner of issuance of renewal applications for ATAP certificates of approval, which in all cases shall include an affidavit signed by the school’s director reporting on changes in any information included in the school’s original application for an ATAP school certificate of approval. Each application for renewal shall include the statutorily required application fee as set forth in the Alcoholic Beverage Control Law and must be forwarded to New York State Liquor Authority, Alcohol Training Awareness Program, 80 South Swan Street, Suite 900, Albany, NY 12210. (Application fees must be in the form of a certified check or money order, and made payable to the New York State Liquor Authority.)

The authority shall prescribe the form and manner of issuance of ATAP student certificates of completion, which shall be deemed expired three years after the date of the classroom or online ATAP session for which they were granted.

In the event that any application or renewal application pursuant to this Part is disapproved by the authority, the applicant may seek reconsideration of the determination by the members of the authority. Requests for reconsideration must be submitted in writing to: Secretary to the Authority, 80 South Swan Street, Suite 900, Albany, NY 12210-8002. Such requests shall then be reviewed by a member of the authority and the determination by the member of the authority thereon shall be considered a final determination of the authority.

ATAP school certificates of approval may be revoked by the authority for failure to adhere to the authority’s rules and regulations. Revocation hearings arising under this Part shall be conducted pursuant to Parts 53 and 54 of the authority’s rules and regulations (9 NYCRR Parts 53 and 54.)