N.Y. Comp. Codes R. & Regs. tit. 9 § 106.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 106.3 - Minimum curriculum requirements for ATAP schools

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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 106.3

Adopted New York State Register June 15, 2016/Volume XXXVIII, Issue 24, eff. 6/15/2016

Amended New York State Register July 28, 2021/Volume XLIII, Issue 30, eff. 7/28/2021

Amended New York State Register December 21, 2022/Volume XLIV, Issue 51, eff. 12/21/2022