Article 14
ARTICLE 14 DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Section 270. Division of alcoholic beverage control; state liquor authority.
271. Salaries; expenses.
272. Removal.
273. Vacancies; quorum.
274. Officers; employees; offices.
§ 270. Division of alcoholic beverage control; state liquor authority. The head of the alcoholic beverage control division shall be the state liquor authority whose members shall consist of a chairman and two commissioners, who shall be appointed by the governor, by and with the advice and consent of the senate.
Not more than two members of the state liquor authority shall belong to the same political party. All of said members shall be citizens and residents of the state. Such members shall be appointed to serve for a term of three years each and until their successors have been appointed and qualified.
§ 271. Salaries; expenses. The chairman and the other members of the authority shall receive a salary to be fixed by the governor within the amounts appropriated therefor. Each member of the authority shall also be entitled to his expenses actually and necessarily incurred by him in the performance of his duties.
§ 272. Removal. Any member of the authority may be removed by the governor for cause after an opportunity to be heard. A statement of the cause of his removal shall be filed by the governor in the office of the secretary of state.
§ 273. Vacancies; quorum. (a) In the event of a vacancy caused by death, resignation, removal or disability of a commissioner, the vacancy shall be filled by the governor by and with the advice and consent of the senate for the unexpired term.
(b) In the event of a vacancy caused by the death, resignation, removal or disability of the chairman, the vacancy shall be filled by the governor by and with the advice and consent of the senate for the unexpired term. Notwithstanding any other provision of law to the contrary, the governor shall designate one of the commissioners to serve as acting chairman for a period not to exceed six months or until a successor chairman has been confirmed by the senate, whichever comes first. Upon the expiration of the six month term, if the governor has nominated a successor chairman, but the senate has not acted upon the nomination, the acting chairman can continue to serve as acting chairman for an additional ninety days or until the governor's successor chairman nomination is confirmed by the senate, whichever comes first.
(c) The governor shall provide immediate written notice to the temporary president of the senate of the designation of a commissioner as acting chairman.
(d) If (i) the governor has not nominated a successor chairman upon the expiration of the six month term or (ii) the senate does not confirm the governor's successor nomination within the additional ninety days, the commissioner designated as acting chairman shall no longer be able to serve as acting chairman and the governor is prohibited from extending the powers of that acting chairman or from designating another commissioner to serve as acting chairman.
(e) A commissioner serving as the acting chairman of the authority shall be deemed a state officer for purposes of section seventy-three of the public officers law.
(f) A majority of the members of the authority shall constitute a quorum for the purpose of conducting the business thereof and a majority vote of all the members in office shall be necessary for action. Provided, however, that a commissioner designated as an acting chairman pursuant to subdivision two of section fourteen of this chapter shall have only one vote for purposes of conducting the business of the authority.
§ 274. Officers; employees; offices. The authority shall have power to appoint any necessary deputies, counsels, assistants, investigators, and other employees within the limits provided by appropriation. Investigators so employed by the authority shall be deemed to be peace officers for the purpose of enforcing the provisions of the alcoholic beverage control law or judgements or orders obtained for violation thereof, with all the powers set forth in section 2.20 of the criminal procedure law. The authority shall continue to have its principal office in the city of Albany, and may maintain a branch office in the cities of New York and Buffalo and such other places as it may deem necessary.
Section 270. Division of alcoholic beverage control; state liquor authority.
271. Salaries; expenses.
272. Removal.
273. Vacancies; quorum.
274. Officers; employees; offices.
§ 270. Division of alcoholic beverage control; state liquor authority. The head of the alcoholic beverage control division shall be the state liquor authority whose members shall consist of a chairman and two commissioners, who shall be appointed by the governor, by and with the advice and consent of the senate.
Not more than two members of the state liquor authority shall belong to the same political party. All of said members shall be citizens and residents of the state. Such members shall be appointed to serve for a term of three years each and until their successors have been appointed and qualified.
§ 271. Salaries; expenses. The chairman and the other members of the authority shall receive a salary to be fixed by the governor within the amounts appropriated therefor. Each member of the authority shall also be entitled to his expenses actually and necessarily incurred by him in the performance of his duties.
§ 272. Removal. Any member of the authority may be removed by the governor for cause after an opportunity to be heard. A statement of the cause of his removal shall be filed by the governor in the office of the secretary of state.
§ 273. Vacancies; quorum. (a) In the event of a vacancy caused by death, resignation, removal or disability of a commissioner, the vacancy shall be filled by the governor by and with the advice and consent of the senate for the unexpired term.
(b) In the event of a vacancy caused by the death, resignation, removal or disability of the chairman, the vacancy shall be filled by the governor by and with the advice and consent of the senate for the unexpired term. Notwithstanding any other provision of law to the contrary, the governor shall designate one of the commissioners to serve as acting chairman for a period not to exceed six months or until a successor chairman has been confirmed by the senate, whichever comes first. Upon the expiration of the six month term, if the governor has nominated a successor chairman, but the senate has not acted upon the nomination, the acting chairman can continue to serve as acting chairman for an additional ninety days or until the governor's successor chairman nomination is confirmed by the senate, whichever comes first.
(c) The governor shall provide immediate written notice to the temporary president of the senate of the designation of a commissioner as acting chairman.
(d) If (i) the governor has not nominated a successor chairman upon the expiration of the six month term or (ii) the senate does not confirm the governor's successor nomination within the additional ninety days, the commissioner designated as acting chairman shall no longer be able to serve as acting chairman and the governor is prohibited from extending the powers of that acting chairman or from designating another commissioner to serve as acting chairman.
(e) A commissioner serving as the acting chairman of the authority shall be deemed a state officer for purposes of section seventy-three of the public officers law.
(f) A majority of the members of the authority shall constitute a quorum for the purpose of conducting the business thereof and a majority vote of all the members in office shall be necessary for action. Provided, however, that a commissioner designated as an acting chairman pursuant to subdivision two of section fourteen of this chapter shall have only one vote for purposes of conducting the business of the authority.
§ 274. Officers; employees; offices. The authority shall have power to appoint any necessary deputies, counsels, assistants, investigators, and other employees within the limits provided by appropriation. Investigators so employed by the authority shall be deemed to be peace officers for the purpose of enforcing the provisions of the alcoholic beverage control law or judgements or orders obtained for violation thereof, with all the powers set forth in section 2.20 of the criminal procedure law. The authority shall continue to have its principal office in the city of Albany, and may maintain a branch office in the cities of New York and Buffalo and such other places as it may deem necessary.
