Alcoholic Beverage Control Law-The New York State Legislation

ALCOHOLIC BEVERAGE CONTROL LAW

ARTICLE 1- Short Title; Policy of State and Purpose of Chapter: Definitions
ARTICLE 2-Liquor Authority
ARTICLE 3-Special Provisions Relating to Mead and Braggot
ARTICLE 4-Special Provisions Relating to Beer
ARTICLE 4-A-Special Provisions Relating to Cider
ARTICLE 5-Special Provisions Relating to Liquor
ARTICLE 6-Special Provisions Relating to Wine
ARTICLE 7-Special Permits
ARTICLE 8-General Provisions
ARTICLE 9-Local Option
ARTICLE 10-Special Provisions Relating to Illicit Alcoholic Beverages and Stills
ARTICLE 11-Miscellaneous Provisions; Laws Repealed; Time of Taking Effect

ARTICLE 1-SHORT TITLE; POLICY OF STATE AND PURPOSE OF CHAPTER:

DEFINITIONS

Section 1. Short title.

2. Policy of state and purpose of chapter.

3. Definitions.

SECTION 2 -Policy of state and purpose of chapter

Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 1

§ 2. Policy of state and purpose of chapter. It is hereby declared as
the policy of the state that it is necessary to regulate and control the
manufacture, sale and distribution within the state of alcoholic
beverages for the purpose of fostering and promoting temperance in their
consumption and respect for and obedience to law; for the primary
purpose of promoting the health, welfare and safety of the people of the
state, promoting temperance in the consumption of alcoholic beverages;
and, to the extent possible, supporting economic growth, job
development, and the state’s alcoholic beverage production industries
and its tourism and recreation industry; and which promotes the
conservation and enhancement of state agricultural lands; provided that
such activities do not conflict with the primary regulatory objectives
of this chapter. It is hereby declared that such policies will best be
carried out by empowering the liquor authority of the state to determine
whether public convenience and advantage will be promoted by the
issuance of licenses to traffic in alcoholic beverages, the increase or
decrease in the number thereof and the location of premises licensed
thereby, subject only to the right of judicial review provided for in
this chapter. It is the purpose of this chapter to carry out these
policies in the public interest.

SECTION 3 -Definitions

Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 1

§ 3. Definitions. Whenever used in this chapter, unless the context
requires otherwise:

1. “Alcoholic beverage” or “beverage” mean and include alcohol,
spirits, liquor, wine, beer, cider and every liquid, solid, powder or
crystal, patented or not, containing alcohol, spirits, wine or beer and
capable of being consumed by a human being, and any warehouse receipt,
certificate, contract or other document pertaining thereto; except that
confectionery containing alcohol as provided by subdivision twelve of
section two hundred of the agriculture and markets law and ice cream and
other frozen desserts made with liquor, wine, beer or cider as provided
in subdivision fifteen of section two hundred of the agriculture and
markets law shall not be regulated as an “alcoholic beverage” or
“beverage” within the meaning of this section where the sale, delivery
or giving away is to a person aged twenty-one years or older. The sale,
delivery or giving away of ice cream or other frozen desserts made with
liquor, wine, beer or cider to a person under the age of twenty-one
years may be prosecuted administratively and/or criminally in accordance
with the provisions of this chapter.

2. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl or spirit of
wine from whatever source or by whatever processes produced.

3. “Beer” means and includes any fermented beverages of any name or
description manufactured from malt, wholly or in part, or from any
substitute therefor.

3-a. “Biomass feedstock” shall mean any substance, other than oil,
natural gas, coal, shale or products derived from any of these which is
capable of being converted into alcohol, including but not be limited to
wood and other forest materials, animal manure, municipal wastes, food
crops and other agricultural materials.

3-b. “Bona fide retailer association” shall mean an association of
retailers holding licenses under this chapter, organized under the
non-profit or not-for-profit laws of this state, and possessing a
federal tax exemption under section 501(c) of the Internal Revenue Code
of the United States.

3-c. “Braggot” shall mean a malt alcoholic beverage made primarily
from honey, water, and malt and/or hops; it may also contain fruits,
spices, herbs, grain or other agricultural products. Honey shall
represent at least fifty-one percent of the starting fermentable sugars
by weight of the finished product. For the purposes of this chapter,
braggot shall be designated and sold as a beer.

4. “Brewery” means and includes any place or premises where beer is
manufactured for sale; and all offices, granaries, mashrooms,
cooling-rooms, vaults, yards, and storerooms connected therewith or
where any part of the process of manufacture of beer is carried on, or
where any apparatus connected with such manufacture is kept or used, or
where any of the products of brewing or fermentation are stored or kept,
shall be deemed to be included in and to form part of the brewery to
which they are attached or are appurtenant.

5. “Brewer” means any person who owns, occupies, carries on, works, or
conducts any brewery, either by himself or by his agent.

6. “Board” or “local board” or “appropriate board” or “board having
jurisdiction” shall mean the state liquor authority.

7. “Building containing licensed premises” shall include the licensed
premises and also any part of a building in which such premises is
contained and any part of any other building connected with such
building by direct access or by a common entrance.

7-a. “Catering establishment” means and includes any premises owned or
operated by any person, firm, association, partnership or corporation
who or which regularly and in a bona fide manner furnishes for hire
therein one or more ballrooms, reception rooms, dining rooms, banquet
halls, dancing halls or similar places of assemblage for a particular
function, occasion or event and/or who or which furnishes provisions and
service for consumption or use at such function, occasion or event. Such
premises must have suitable and adequate facilities and accommodations
to provide food and service for not less than fifty persons at any one
function, occasion or event and shall in no event be deemed to include
any taxi dance hall or any other premises at which public dances are
regularly scheduled to be held daily, weekly or monthly and to which the
general public is invited.

7-b. (a) “Cider” means the partially or fully fermented juice of
fresh, whole apples or other pome fruits, containing more than three and
two-tenths per centum but not more than eight and one-half per centum
alcohol by volume: (i) to which nothing has been added to increase the
alcoholic content produced by natural fermentation; and (ii) with the
usual cellar treatments and necessary additions to correct defects due
to climate, saccharine levels and seasonal conditions. Nothing contained
in this subdivision shall be deemed to preclude the use of such methods
or materials as may be necessary to encourage a normal alcoholic
fermentation and to make a product that is free of microbiological
activity at the time of sale. Cider may be sweetened or flavored after
fermentation with fruit juice, fruit juice concentrate, sugar, maple
syrup, honey, spices or other agricultural products, separately or in
combination. Cider may contain retained or added carbon dioxide.

(b) In the event that an alcoholic beverage meets the definition of
both a cider, as defined in this subdivision, and a wine, as defined in
subdivision thirty-six of this section, the brand or trade name label
owner of such alcoholic beverage shall designate whether such alcoholic
beverage shall be sold as a cider or a wine for all purposes under this
chapter.

7-c. “Cidery” means and includes any place or premises wherein cider
is manufactured for sale.

7-d. “Farm cidery” means and includes any place or premises, located
on a farm in New York state, in which New York state labelled cider is
manufactured, stored and sold, or any other place or premises in New
York state in which New York state labelled cider is manufactured,
stored and sold.

8. “Convicted” and “conviction” include and mean a finding of guilt
resulting from a plea of guilty, the decision of a court or magistrate
or the verdict of a jury, irrespective of the pronouncement of judgment
or the suspension thereof.

9. “Club” shall mean an organization of persons incorporated pursuant
to the provisions of the not-for-profit corporation law or the
benevolent orders law, which is the owner, lessee or occupant of a
building used exclusively for club purposes, and which does not traffic
in alcoholic beverages for profit and is operated solely for a
recreational, social, patriotic, political, benevolent or athletic
purpose but not for pecuniary gain; except that where such club is
located in an office or business building, or state armory, it may be
licensed as such provided it otherwise qualifies as a “club” within the
meaning of this subdivision. A “luncheon club” shall mean a club which
is open only on week days during the hours between eleven o’clock in the
morning and three o’clock in the afternoon. A “member” of a club shall
mean a person who whether a charter member or admitted in agreement with
the by-laws of the club, has become a bona fide member thereof, who
maintains his or her membership by the payment of his or her annual dues
in a bona fide manner in accordance with the by-laws and whose name and
address is entered on the list of members; or in the case of a veterans
club where a person has in his or her possession an identification card
indicating his or her membership in the national veterans’ organization
with which the club at which he or she is present is affiliated. For the
purposes of this section a veterans club shall include but not be
limited to the Grand Army of the Republic, the United Spanish War
Veterans, the Veterans of Foreign Wars, the Jewish War Veterans of the
United States, Inc., the Catholic War Veterans, Inc., the Italian
American War Veterans of the United States, Incorporated, the Polish
Legion of American Veterans, Inc., the Marine Corps League, the Military
Order of the Purple Heart, Inc., the American Legion, the Disabled
American Veterans, AMVETS, American Veterans of World War II, Masonic
War Veterans of the State of New York, Inc., Veterans of World War I of
the United States of America Department of New York, Inc.,
China-Burma-India Veterans Association, Inc., Polish-American Veterans
of World War II, the Sons of Union Veterans, Vietnam Veterans of
America, the Eastern Paralyzed Veterans Association, the Sons of the
American Legion, or the American Legion Auxiliary. In the case of a
chapter or lodge of a not-for-profit corporation or a benevolent order
qualifying as an organization described in section 501(c)(8) or
501(c)(10) of the United States internal revenue code, a member of
another chapter or lodge of such not-for-profit corporation or
benevolent order who has in his or her possession an identification card
or other proof of membership shall be deemed to be a member. A club and
a luncheon club shall appoint an alcoholic beverage officer from among
its members who shall be responsible for filing all applications and
other documents required to be submitted to the authority. The person
appointed alcoholic beverage officer shall be subject to approval by the
authority.

9-a. “Custom crush facility” means a licensed winery or farm winery
which obtains grapes, fruits and other plants grown exclusively in New
York state from, or on behalf of, other licensed wineries or farm
wineries and crushes, processes, ferments, bottles or conducts any
combination of such services for such other licensed wineries or farm
wineries.

10. “Distiller” means any person who owns, occupies, carries on,
works, conducts or operates any distillery either by himself or by his
agent.

11. “Distillery” means and includes any place or premises wherein any
liquors are manufactured for sale.

11-a. “Farm distillery” means and includes any place or premises
located on a farm in New York state in which liquor is manufactured and
sold, or any other place or premises in New York state in which liquor
is manufactured primarily from farm and food products, as defined in
subdivision two of section two hundred eighty-two of the agriculture and
markets law, and such liquor is sold.

12. “Drug store” means a place registered by the New York state board
of pharmacy for the sale of drugs.

12-a. “Farm winery” means and includes any place or premises, located
on a farm in New York state, in which wine is manufactured and sold.

12-aa. “Farm” means the land, buildings and equipment used to produce,
prepare and market crops, livestock and livestock products as a
commercial enterprise. For the purposes of a farm meadery, farm means
the land, buildings and equipment used to prepare and market honey and
apiary products as a commercial enterprise. A farm may consist of one or
more parcels of owned or rented land, which parcels may be contiguous or
noncontiguous to each other.

12-aaa. “Farm brewery” means and includes any place or premises,
located on a farm in New York state, in which New York state labelled
beer is manufactured, stored and sold, or any other place or premises in
New York state in which New York state labelled beer is manufactured,
stored and sold.

12-aaaa. “Farm meadery” means and includes any place or premises,
located on a farm in New York state, in which New York state labelled
mead or New York state labelled braggot is manufactured, stored and
sold, or any other place or premises in New York state in which New York
state labelled mead or New York state labelled braggot is manufactured,
stored and sold.

12-b. “Felony” shall mean any criminal offense classified as a felony
under the laws of this state or any criminal offense committed in any
other state, district, or territory of the United States and classified
as a felony therein which if committed within this state, would
constitute a felony in this state.

12-c. “Government agency” means any department, division, board,
bureau, commission, office, agency, authority or public corporation of
the state or federal government or a county, city, town or village
government within the state.

13. “Grocery store” means any retail establishment where foodstuffs
are regularly and customarily sold in a bona fide manner for the
consumption off the premises.

14. “Hotel” shall mean a building which is regularly used and kept
open as such in bona fide manner for the feeding and lodging of guests,
where all who conduct themselves properly and who are able and ready to
pay for such services are received if there be accommodations for them.
The term “hotel” shall also include an apartment hotel wherein
apartments are rented for fixed periods of time, either furnished or
unfurnished, where the keeper of such hotel regularly supplies food to
the occupants thereof in a premises which serves food in compliance with
section sixty-four-a of this chapter, or a restaurant located in such
hotel. “Hotel” shall also mean and include buildings (commonly called a
motel) upon the same lot of land and owned or in possession under a
lease in writing by the same person or firm who maintains such buildings
for the lodging of guests and supplies them with food from a premises
which serves food in compliance with section sixty-four-a of this
chapter, or restaurant located upon the same premises.

14-a. “Custom beermakers’ center” means a facility that provides one
or more individuals with rental space, the use of equipment and storage
facilities, and/or beer making supplies to manufacture beer for personal
household use and not for resale in accordance with state and federal
laws, rules, and regulations.

14-b. “Custom cidermakers’ center” means a facility that provides one
or more individuals with rental space, the use of equipment and storage
facilities, and/or fruit to manufacture cider for personal household use
and not for resale in accordance with state and federal laws, rules and
regulations.

14-c. “Custom winemakers’ center” means a facility that provides one
or more individuals with rental space, the use of equipment and storage
facilities, and/or fruit to manufacture wine for personal household use
and not for resale in accordance with state and federal laws, rules and
regulations.

15. “Liquor authority” and “authority” mean the state liquor authority
provided for in this chapter.

17. “License” means a license issued pursuant to this chapter.

17-a. “Seven day license” means a license issued pursuant to this
chapter and where the off premise retail license holder may remain open
to the consumer all seven days of the week.

18. “Licensee” means any person to whom a license has been issued
pursuant to this chapter.

19. “Liquor” means and includes any and all distilled or rectified
spirits, brandy, whiskey, rum, gin, cordials or similar distilled
alcoholic beverages, including all dilutions and mixtures of one or more
of the foregoing.

19-a. “Mead” shall mean a wine made primarily from honey and water; it
may also contain hops, fruits, spices, herbs, grain, or other
agricultural products. Honey shall represent at least fifty-one percent
of the starting fermentable sugars by weight of the finished product.
The brand or trade label owner of such alcoholic beverage shall
designate whether such alcoholic beverage shall be sold as and treated
in the same manner as wine or mead for all purposes under this chapter.
Provided, however, any mead containing more than eight and one-half per
centum alcohol by volume shall be designated, sold as, and treated in
the same manner as wine.

20. “Manufacturer” means and includes a distiller, brewer, vintner and
rectifier; “Manufacture” means and includes distilling, rectifying,
brewing and operating a winery.

20-a. “New York state labelled wine” means wine made from grapes or
other fruits, at least seventy-five percent the volume of which were
grown in New York state.

20-b. “Micro-winery” means and includes any place or premises located
on a farm in New York state in which wine or cider is manufactured and
sold.

20-c. “New York state labelled liquor” means liquors made from fruit,
vegetables, grain and grain products, honey, maple sap or other
agricultural products, at least seventy-five percent the volume of which
were grown or produced in New York state.

20-d. “New York state labelled beer” means:

(a) from the effective date of this subdivision until December
thirty-first, two thousand eighteen, beer made with no less than twenty
percent, by weight, of its hops grown in New York state and no less than
twenty percent, by weight, of all of its other ingredients, excluding
water, grown in New York state;

(b) from January first, two thousand nineteen until December
thirty-first, two thousand twenty-three, beer made with no less than
sixty percent, by weight, of its hops grown in New York state and no
less than sixty percent, by weight, of all of its other ingredients,
excluding water, grown in New York state; and

(c) from January first, two thousand twenty-four and thereafter, beer
made with no less than ninety percent, by weight, of its hops grown in
New York state and no less than ninety percent, by weight, of all of its
other ingredients, excluding water, grown in New York state.

20-e. “New York state labelled cider” means cider made exclusively
from apples or other pome fruits grown in New York state.

20-f. “New York state labelled braggot” means braggot made exclusively
from honey produced in New York state.

20-g. “New York state labelled mead” means mead made exclusively from
honey produced in New York state.

21. “Permittee” means any person to whom a permit has been issued
pursuant to this chapter.

22. “Person” includes an individual, copartnership, corporations,
society, joint stock company, alcoholic beverage officer appointed by a
club or a luncheon club or limited liability company.

23. “Population” means the number of inhabitants as determined by the
last preceding federal census.

24. “Rectifier” means and includes any person who rectifies, purifies
or refines distilled spirits or wines by any process other than as
provided for on distillery premises and every person who, without
rectifying, purifying or refining distilled spirits, shall, by mixing
such spirits, wine or other liquor with water or any materials,
manufactures any imitation of or compounds liquors for sale under the
name of whiskey, brandy, gin, rum, wine, spirits, cordials, bitters or
any other name.

25. “Retail sale” or “sale at retail” means a sale to a consumer or to
any person for any purpose other than for resale.

26. “Retailer” means any person who sells at retail any beverage for
the sale of which a license is required under the provisions of this
chapter.

27. “Restaurant” shall mean a place which is regularly and in a bona
fide manner used and kept open for the serving of meals to guests for
compensation and which has suitable kitchen facilities connected
therewith, containing conveniences for cooking an assortment of foods,
which may be required for ordinary meals, the kitchen of which must, at
all times, be in charge of a chef with the necessary help, and kept in a
sanitary condition with the proper amount of refrigeration for keeping
of food on said premises and must comply with all the regulations of the
local department of health. Restaurant shall include a motion picture
theatre, movie theatre or other venue that shows motion pictures that
meet the definitions of restaurant and meals, and all seating is at
tables where meals are served. “Meals” shall mean the usual assortment
of foods commonly ordered at various hours of the day; the service of
such food and victuals only as sandwiches or salads shall not be deemed
a compliance with this requirement. “Guests” shall mean persons who,
during the hours when meals are regularly served therein, come to a
restaurant for the purpose of obtaining, and actually order and obtain
at such time, in good faith, a meal therein. Nothing in this subdivision
contained, however, shall be construed to require that any food be sold
or purchased with any beverage.

27-a. “Roadside farm market” means any retailer authorized to sell New
York state labelled wine pursuant to section seventy-six-f of this
chapter.

28. “Sale” means any transfer, exchange or barter in any manner or by
any means whatsoever for a consideration, and includes and means all
sales made by any person, whether principal, proprietor, agent, servant
or employee of any alcoholic beverage and/or a warehouse receipt
pertaining thereto. “To sell” includes to solicit or receive an order
for, to keep or expose for sale, and to keep with intent to sell and
shall include the delivery of any alcoholic beverage in the state.

29. “Spirits” means any beverage which contains alcohol obtained by
distillation mixed with drinkable water and other substances in
solution.

30. “Traffic in” includes to manufacture and sell any alcoholic
beverage at wholesale or retail.

30-a. “Transfer” means the administrative processes involved in
issuing a license to a new applicant for an existing licensed business.
Transfer applicants shall be under contract with the existing licensee
for purchase of the existing licensed business.

31. “Vehicle” shall include any device in, upon or by which any person
or property is or may be transported or drawn upon a public highway,
road, street or public place.

32. “Vessel” includes any ship or boat of any kind whatsoever, whether
propelled by steam or otherwise and whether used as a sea-going vessel
or on inland waters which is properly equipped for the service of
alcoholic beverages.

33. “Vintner” means any person who owns, occupies, carries on, works,
conducts or operates any winery either by himself or by his agent.

34. “Wholesale sale” or “sale at wholesale” means a sale to any person
for purposes of resale.

35. “Wholesaler” means any person who sells at wholesale any beverage
for the sale of which a license is required under the provisions of this
chapter.

36. “Wine” means the product of the normal alcoholic fermentation of
the juice of fresh, sound, ripe grapes, or other fruits or plants with
the usual cellar treatment and necessary additions to correct defects
due to climatic, saccharine and seasonal conditions, including
champagne, sparkling and fortified wine of an alcoholic content not to
exceed twenty-four per centum by volume. Wine produced from fruits or
plants other than grapes shall include appropriate prefixes descriptive
of the fruit or the product from which such wine was predominantly
produced, and no other product shall be called “wine” unless designated
as artificial or imitation wine.

36-a. “Wine product” means a beverage containing wine to which is
added concentrated or unconcentrated juice, flavoring material, water,
citric acid, sugar and carbon dioxide and containing not more than six
per centum alcohol by volume, to which nothing other than such wine has
been added to increase the alcoholic content of such beverage.

37. “Winery” means and includes any place or premises wherein wines
are manufactured from any fruit or brandies distilled as the by-product
of wine or other fruit or cordials compounded and also includes a winery
for the manufacture of wine in any state other than New York state and
which has and maintains a branch factory, office or storeroom within the
state of New York and receives wine in this state consigned to a United
States government bonded winery, warehouse or storeroom located within
the state.

38. “Warehouse” means and includes a place in which alcoholic
beverages are housed or stored.

ARTICLE 2 Liquor Authority

S 10. State liquor authority. There shall continue to be in the
executive department an alcoholic beverage control division, the head of
which shall be the state liquor authority which shall consist of three
members, who shall be known as commissioners, all of whom shall be
citizens and residents of the state. The state alcoholic beverage
control board created and appointed pursuant to chapter one hundred
eighty of the laws of nineteen hundred thirty-three, as presently
constituted, shall continue in existence and hereafter shall be known
and designated as the state liquor authority. The terms “state
alcoholic beverage control board”, “state board”, “liquor authority”, or
“authority”, wherever occurring in any of the provisions of this chapter
or of any other law, or in any official books, records, instruments,
rules or papers, shall hereafter mean and refer to the state liquor
authority provided for in this section.

S 11. Appointment of authority. The members of the authority shall be
appointed by the governor by and with the advice and consent of the
senate. Not more than two members of the authority shall belong to the
same political party. The chairman of the state alcoholic beverage
control board heretofore appointed and designated by the governor and
the remaining members of such board heretofore appointed by the governor
shall continue to serve as chairman and members of the authority until
the expiration of the respective terms for which they were appointed.
Upon the expiration of such respective terms the successors of such
chairman and members shall be appointed to serve for a term of three
years each and until their successors have been appointed and qualified.
The commissioners, other than the chairman shall, when performing the
work of the authority, be compensated at a rate of two hundred sixty
dollars per day, together with an allowance for actual and necessary
expenses incurred in the discharge of their duties. The chairman shall
receive an annual salary established in section one hundred sixty-nine
of the executive law.

S 12. Expenses. Each member of the authority shall be entitled to his
expenses actually and necessarily incurred by him in the performance of
his duties.

S 13. 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.

S 14. Vacancies; quorum. In the event of a vacancy caused by the
death, resignation, removal or disability of any member, the vacancy
shall be filled by the governor by and with the advice and consent of
the senate for the unexpired term. 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.

* S 15. Officers; employees; offices. Investigators employed by the
authority shall be deemed to be peace officers for the purpose of
enforcing the provisions of this chapter or judgements or orders
obtained for violation thereof, with all the powers set forth in section
2.20 of the criminal procedure law. The counsel, secretary, chief
executive officer, assistant chief executive officers, confidential
secretaries to commissioners and deputies shall be in the exempt class
of the civil service. The other assistants, investigators and employees
of the authority shall all be in the competitive class of the civil
service. 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 the chairman may deem
necessary.
* NB Effective until July 18, 2018
* S 15. 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 counsel, secretary, chief executive officer,
assistant chief executive officers, confidential secretaries to
commissioners and deputies shall be in the exempt class of the civil
service. The other assistants, investigators and employees of the
authority shall all be in the competitive class of the civil service.
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.
The authority shall establish appropriate procedures to insure that
hearing officers are shielded from ex parte communications with alleged
violators and their attorneys and from other employees of the authority
and shall take such other steps as it shall deem necessary and proper to
shield its judicial processes from unwarranted and inappropriate
communications and attempts to influence.
* NB Effective July 18, 2018

S 16. Disqualification of members and employees of authority. No
member of the authority or any officer, deputy, assistant, inspector or
employee thereof shall have any interest, direct or indirect, either
proprietary or by means of any loan, mortgage or lien, or in any other
manner, in or on any premises where alcoholic beverages are manufactured
or sold; nor shall he have any interest, direct or indirect, in any
business wholly or partially devoted to the manufacture, sale,
transportation or storage of alcoholic beverages, or own any stock in
any corporation which has any interest, proprietary or otherwise, direct
or indirect, in any premises where alcoholic beverages are manufactured
or sold, or in any business wholly or partially devoted to the
manufacture, sale, transportation or storage of alcoholic beverages, or
receive any commission or profit whatsoever, direct or indirect, from
any person applying for or receiving any license or permit provided for
in this chapter, or hold any other public office in the state or in any
political subdivision except upon the written permission of the liquor
authority, such member of the authority or officer, deputy, assistant,
inspector or employee thereof may hold the public office of notary
public or member of a community board of education in the city school
district of the city of New York. Any one who violates any of the
provisions of this section shall be removed.

* S 17. Powers of the authority. The authority shall have the
following functions, powers and duties: 1. To issue or refuse to issue
any license or permit provided for in this chapter.
2. To limit in its discretion the number of licenses of each class to
be issued within the state or any political subdivision thereof, and in
connection therewith to prohibit the acceptance of applications for such
class or classes of licenses which have been so limited.
3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall not exceed the sum of ten thousand
dollars as against the holder of any retail permit issued pursuant to
sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d and
paragraph f of subdivision one of section ninety-nine-b of this chapter
and as against the holder of any retail license issued pursuant to
sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, seventy-nine, eighty-one and eighty-one-a of this chapter,
and the sum of thirty thousand dollars as against the holder of a
license issued pursuant to sections fifty-three, seventy-six,
seventy-six-a, and seventy-eight of this chapter, provided that the
civil penalty against the holder of a wholesale license issued pursuant
to section fifty-three of this chapter shall not exceed the sum of ten
thousand dollars where that licensee violates provisions of this chapter
during the course of the sale of beer at retail to a person for
consumption at home, and the sum of one hundred thousand dollars as
against the holder of any license issued pursuant to sections fifty-one,
sixty-one and sixty-two of this chapter. Any civil penalty so imposed
shall be in addition to and separate and apart from the terms and
provisions of the bond required pursuant to section one hundred twelve
of this chapter. Provided that no appeal is pending on the imposition of
such civil penalty, in the event such civil penalty imposed by the
division remains unpaid, in whole or in part, more than forty-five days
after written demand for payment has been sent by first class mail to
the address of the licensed premises, a notice of impending default
judgment shall be sent by first class mail to the licensed premises and
by first class mail to the last known home address of the person who
signed the most recent license application. The notice of impending
default judgment shall advise the licensee: (a) that a civil penalty was
imposed on the licensee; (b) the date the penalty was imposed; (c) the
amount of the civil penalty; (d) the amount of the civil penalty that
remains unpaid as of the date of the notice; (e) the violations for
which the civil penalty was imposed; and (f) that a judgment by default
will be entered in the supreme court of the county in which the licensed
premises are located, or other court of civil jurisdiction or any other
place provided for the entry of civil judgments within the state of New
York unless the division receives full payment of all civil penalties
due within twenty days of the date of the notice of impending default
judgment. If full payment shall not have been received by the division
within thirty days of mailing of the notice of impending default
judgment, the division shall proceed to enter with such court a
statement of the default judgment containing the amount of the penalty
or penalties remaining due and unpaid, along with proof of mailing of
the notice of impending default judgment. The filing of such judgment
shall have the full force and effect of a default judgment duly docketed
with such court pursuant to the civil practice law and rules and shall
in all respects be governed by that chapter and may be enforced in the
same manner and with the same effect as that provided by law in respect
to execution issued against property upon judgments of a court of
record. A judgment entered pursuant to this subdivision shall remain in
full force and effect for eight years notwithstanding any other
provision of law.
4. To fix by rule the standards of manufacture and fermentation in
order to insure the use of proper ingredients and methods in the
manufacture of alcoholic beverages to be sold or consumed in the state.
5. To hold hearings, subpoena witnesses, compel their attendance,
administer oaths, to examine any person under oath and in connection
therewith to require the production of any books or papers relative to
the inquiry. A subpoena issued under this section shall be regulated by
the civil practice law and rules.
6. To prohibit, at any time of public emergency, without previous
notice or advertisement, the sale of any or all alcoholic beverages for
and during the period of such emergency.
7. To delegate the powers provided in this section to the chairman, or
to such other officers or employees as may be designated by the chairman.
8. To appoint such advisory groups and committees as it deems
necessary to provide assistance to the authority to carry out the
purposes and objectives of this chapter.
9. Upon receipt of a resolution adopted by a board of supervisors or a
county legislative body requesting further restriction of hours of sale
of alcoholic beverages within such county, and upon notice and hearing
within such county, to approve or disapprove such hours within such
county.
* NB Effective until July 18, 2018

* S 17. Powers of the authority. The authority shall have the
following functions, powers and duties: 1. To issue or refuse to issue
any license or permit provided for in this chapter.
2. To limit in its discretion the number of licenses of each class to
be issued within the state or any political subdivision thereof, and in
connection therewith to prohibit the acceptance of applications for such
class or classes of licenses which have been so limited.
3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall not exceed the sum of ten thousand
dollars as against the holder of any retail permit issued pursuant to
sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d and
paragraph f of subdivision one of section ninety-nine-b of this chapter
and as against the holder of any retail license issued pursuant to
sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, seventy-nine, eighty-one and eighty-one-a of this chapter,
and the sum of thirty thousand dollars as against the holder of a
license issued pursuant to sections fifty-three, seventy-six,
seventy-six-a, seventy-six-f, and seventy-eight of this chapter,
provided that the civil penalty against the holder of a wholesale
license issued pursuant to section fifty-three of this chapter shall not
exceed the sum of ten thousand dollars where that licensee violates
provisions of this chapter during the course of the sale of beer at
retail to a person for consumption at home, and the sum of one hundred
thousand dollars as against the holder of any license issued pursuant to
sections fifty-one, sixty-one and sixty-two of this chapter. Any civil
penalty so imposed shall be in addition to and separate and apart from
the terms and provisions of the bond required pursuant to section one
hundred twelve of this chapter. Provided that no appeal is pending on
the imposition of such civil penalty, in the event such civil penalty
imposed by the division remains unpaid, in whole or in part, more than
forty-five days after written demand for payment has been sent by first
class mail to the address of the licensed premises, a notice of
impending default judgment shall be sent by first class mail to the
licensed premises and by first class mail to the last known home address
of the person who signed the most recent license application. The notice
of impending default judgment shall advise the licensee: (a) that a
civil penalty was imposed on the licensee; (b) the date the penalty was
imposed; (c) the amount of the civil penalty; (d) the amount of the
civil penalty that remains unpaid as of the date of the notice; (e) the
violations for which the civil penalty was imposed; and (f) that a
judgment by default will be entered in the supreme court of the county
in which the licensed premises are located, or other court of civil
jurisdiction or any other place provided for the entry of civil
judgments within the state of New York unless the division receives full
payment of all civil penalties due within twenty days of the date of the
notice of impending default judgment. If full payment shall not have
been received by the division within thirty days of mailing of the
notice of impending default judgment, the division shall proceed to
enter with such court a statement of the default judgment containing the
amount of the penalty or penalties remaining due and unpaid, along with
proof of mailing of the notice of impending default judgment. The filing
of such judgment shall have the full force and effect of a default
judgment duly docketed with such court pursuant to the civil practice
law and rules and shall in all respects be governed by that chapter and
may be enforced in the same manner and with the same effect as that
provided by law in respect to execution issued against property upon
judgments of a court of record. A judgment entered pursuant to this
subdivision shall remain in full force and effect for eight years
notwithstanding any other provision of law.
4. To remove any employee of the authority for cause, after giving
such employee a copy of the charges against him in writing, and an
opportunity to be heard thereon. Any action taken under this subdivision
shall be subject to and in accordance with the civil service law.
5. To fix by rule the standards of manufacture and fermentation in
order to insure the use of proper ingredients and methods in the
manufacture of alcoholic beverages to be sold or consumed in the state.
6. To hold hearings, subpoena witnesses, compel their attendance,
administer oaths, to examine any person under oath and in connection
therewith to require the production of any books or papers relative to
the inquiry. A subpoena issued under this section shall be regulated by
the civil practice law and rules.
7. To prohibit, at any time of public emergency, without previous
notice or advertisement, the sale of any or all alcoholic beverages for
and during the period of such emergency.
8. To make an annual report to the governor and the legislature of its
activities for the preceding year.
8-a. On and after January first, two thousand the report provided for
in subdivision eight of this section shall include an evaluation of the
effectiveness of the prohibition on the sale of alcohol to persons under
the age of twenty-one as provided in section sixty-five-b of this
chapter with particular emphasis on the provisions of subdivisions one,
two, three, four and five of section sixty-five-b, subdivision five of
section one hundred nineteen and subdivision six of section sixty-five
of this chapter, paragraph (b) of subdivision seven of section 170.55 of
the criminal procedure law and subdivision (f) of section 19.07 of the
mental hygiene law.
8-b. On and after January first, two thousand eleven, the report
provided for in subdivision eight of this section shall include
information related to the number of licenses applied for and the length
of time required for the approval or denial of such retail license
applied for pursuant to subdivision two-c of section sixty-one, section
sixty-four, section seventy-six, section seventy-six-a, section
seventy-six-c, section seventy-six-d, and section seventy-six-f of this
chapter.
9. The powers provided in this section may be delegated by the
authority to the chairman, or to such other officers or employees as may
be designated by the chairman.
10. To appoint such advisory groups and committees as it deems
necessary to provide assistance to the authority to carry out the
purposes and objectives of this chapter.
11. Upon receipt of a resolution adopted by a board of supervisors or
a county legislative body requesting further restriction of hours of
sale of alcoholic beverages within such county, and upon notice and
hearing within such county, to approve or disapprove such hours within
such county.
12. To develop and establish minimum criteria for alcohol training
awareness programs which may be given and administered by schools; other
entities including trade associations whose members are engaged in or
involved in the retail sale of alcoholic beverages; national and
regional franchisors who have granted at least five franchises in the
state which are licensed to sell beer at retail for off-premises
consumption; licensees authorized to sell alcoholic beverages at retail
for off-premises consumption operating five or more licensed premises;
and persons interested, whether as an individual proprietor or partner
or officer or member of a limited liability company, in five or more
licensees authorized to sell alcoholic beverages at retail for
off-premises consumption. The authority shall provide for the issuance
of certificates of approval to all certified alcohol training awareness
programs. Certificates of approval may be revoked by the authority for
failure to adhere to the authority’s rules and regulations. Such rules
and regulations shall afford those who have been issued a certificate of
approval an opportunity for a hearing prior to any determination of
whether such certificate should be revoked.
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. 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, 2018

* S 18. Powers and duties of the chairman. The chairman shall have the
following functions, powers and duties:
1. To exercise the powers and perform the duties in relation to the
administration of the division of alcoholic beverage control as are not
specifically vested by this chapter in the state liquor authority,
including but not limited to budgetary and fiscal matters.
2. To preside at all meetings of the authority and perform the
administrative functions of the authority.
3. To appoint any necessary deputies, counsels, assistants,
investigators, and other employees within the limits provided by
appropriation.
4. To remove any employee of the authority for cause, after giving
such employee a copy of the charges against him or her in writing, and
an opportunity to be heard thereon. Any action taken under this
subdivision shall be subject to and in accordance with the civil service
law.
5. To keep records in such form as he or she may prescribe of all
licenses and permits issued and revoked within the state; such records
shall be so kept as to provide ready information as to the identity of
all licensees including the names of the officers and directors of
corporate licensees and the location of all licensed premises. The
chairman may, with the approval of the commissioner of taxation and
finance, contract to furnish copies of the records of licenses and
permits of each class and type issued within the state or any political
subdivision thereof, for any license or permit year or term of years not
exceeding five years.
6. To inspect or provide for the inspection of any premises where
alcoholic beverages are manufactured or sold.
7. To prescribe forms of applications for licenses and permits under
this chapter and of all reports deemed necessary by the authority.
8. To delegate to the officers and employees of the authority such of
his or her powers and duties as he or she may determine.
9. To establish appropriate procedures to insure that hearing officers
are shielded from ex parte communications with alleged violators and
their attorneys and from other employees of the authority and shall take
such other steps as it shall deem necessary and proper to shield its
judicial processes from unwarranted and inappropriate communications and
attempts to influence.
10. To develop and establish minimum criteria for alcohol training
awareness programs which may be given and administered by schools; other
entities including trade associations whose members are engaged in or
involved in the retail sale of alcoholic beverages; national and
regional franchisors who have granted at least five franchises in the
state which are licensed to sell beer at retail for off-premises
consumption; licensees authorized to sell alcoholic beverages at retail
for off-premises consumption operating five or more licensed premises;
and persons interested, whether as an individual proprietor or partner
or officer or member of a limited liability company, in five or more
licensees authorized to sell alcoholic beverages at retail for
off-premises consumption. The authority shall provide for the issuance
of certificates of approval to all certified alcohol training awareness
programs. Certificates of approval may be revoked by the authority for
failure to adhere to the authority’s rules and regulations. Such rules
and regulations shall afford those who have been issued a certificate of
approval an opportunity for a hearing prior to any determination of
whether such certificate should be revoked.
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. 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.
11. To make an annual report to the governor and the legislature of
its activities for the preceding year.
12. On and after January first, two thousand twelve, the report
provided for in subdivision eleven of this section shall include an
evaluation of the effectiveness of the prohibition on the sale of
alcohol to persons under the age of twenty-one as provided in section
sixty-five-b of this chapter with particular emphasis on the provisions
of subdivisions one, two, three, four and five of section sixty-five-b,
subdivision five of section one hundred nineteen and subdivision six of
section sixty-five of this chapter, paragraph (b) of subdivision seven
of section 170.55 of the criminal procedure law and subdivision (f) of
section 19.07 of the mental hygiene law.
13. On and after January first, two thousand twelve, the report
provided for in subdivision eleven of this section shall include
information related to the number of licenses applied for and the length
of time required for the approval or denial of such retail license
applied for pursuant to subdivision two-c of section sixty-one, section
sixty-four, section seventy-six, section seventy-six-a, section
seventy-six-c, and section seventy-six-d of this chapter.
14. To study and report to the governor and the legislature biennially
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.
15. For state fiscal year two thousand twelve–two thousand thirteen,
the authority shall, within amounts appropriated therefor, 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 until July 18, 2018

* S 18. Powers and duties of the chairman. The chairman shall have the
following functions, powers and duties:
1. To exercise the powers and perform the duties in relation to the
administration of the division of alcoholic beverage control as are not
specifically vested by this chapter in the state liquor authority.
2. To preside at all meetings of the authority and perform the
administrative functions of the authority.
3. To keep records in such form as he may prescribe of all licenses
and permits issued and revoked within the state; such records shall be
so kept as to provide ready information as to the identity of all
licensees including the names of the officers and directors of corporate
licensees and the location of all licensed premises. The chairman may,
with the approval of the commissioner of taxation and finance, contract
to furnish copies of the records of licenses and permits of each class
and type issued within the state or any political subdivision thereof,
for any license or permit year or term of years not exceeding five
years.
4. To inspect or provide for the inspection of any premises where
alcoholic beverages are manufactured or sold.
5. To prescribe forms of applications for licenses and permits under
this chapter and of all reports deemed necessary by the authority.
6. To delegate to the officers and employees of the division such of
his powers and duties as he may determine.
* NB Effective July 18, 2018

S 19. Oath of office. Each member of the authority shall, before
entering upon his duties, take and file an oath of office as prescribed
by section ten of the public officers law.

ARTICLE 3-Special Provisions Relating to Mead and Braggot

S 50.Kinds of licenses. The following kinds of licenses may be
issued for the brewing and sale of beer:
1. Brewer`s licenses;
2. Brewer`s retail licenses;
3. Wholesaler`s licenses;
4. Vendor`s licenses;
5. Licenses to sell beer at retail for consumption off the premises;
and
6. Licenses to sell beer at retail for consumption on the premises.

S 51.Brewer`s license. 1. Any person may apply to the liquor
authority for a license to brew beer within this state for sale. Such
application shall be in writing and verified and shall contain such
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. If the liquor authority shall grant the
application, it shall issue a license in such form as shall be
determined by its rules. Such license shall contain a description of the
licensed premises and in form and in substance shall be a license to the
person therein specifically designated to brew beer in the premises
therein specifically licensed.
2. Such a license shall authorize the sale from the licensed premises
of the beer brewed by such licensee to duly licensed wholesalers,
retailers and permittees in this state, and to sell or deliver such beer
to persons outside the state pursuant to the laws of the place of such
sale or delivery. A person holding a brewer’s license may apply for a
license to sell beer brewed by him at wholesale at premises other than
those designated in the brewery license and the provisions of this
article relative to wholesaler’s licenses shall apply so far as
applicable to such application.
3. A licensed brewer may, under such rules as may be adopted by the
liquor authority, sell beer at retail in bulk by the keg, cask or barrel
for consumption and not for resale at a clam-bake, barbeque, picnic,
outing or other similar outdoor gathering at which more than fifty
persons are assembled.
3-a. A licensed brewer may at the licensed premises conduct tastings
of, and sell at retail for consumption on or off the licensed premises,
any beer manufactured by the licensee or any New York state labeled
beer. Provided, however, that for tastings and sales for on-premises
consumption, the licensee shall regularly keep food available for sale
or service to its retail customers for consumption on the premises. A
licensee providing the following shall be deemed in compliance with this
provision: (i) sandwiches, soups or other such foods, whether fresh,
processed, pre-cooked or frozen; and/or (ii) food items intended to
complement the tasting of alcoholic beverages, which shall mean a
diversified selection of food that is ordinarily consumed without the
use of tableware and can be conveniently consumed while standing or
walking, including but not limited to: cheeses, fruits, vegetables,
chocolates, breads, mustards and crackers. All of the provisions of this
chapter relative to licenses to sell beer at retail for consumption on
and off the premises shall apply so far as applicable to such licensee.
4. A licensed brewery may operate a restaurant, hotel, catering
establishment, or other food and drinking establishment in or adjacent
to the licensed premises and sell at such place, at retail for
consumption on the premises, beer manufactured by the licensee and any
New York state labeled beer. All of the provisions of this chapter
relative to licenses to sell beer at retail for consumption on the
premises shall apply so far as applicable to such licensee.
Notwithstanding any other provision of law, the licensed brewer may
apply to the liquor authority for a license to sell beer, wine or liquor
at retail for consumption on the premises at such establishment. All of
the provisions of this chapter relative to licenses to sell beer, wine
or liquor at retail for consumption on the premises shall apply so far
as applicable to such application.
5. A licensed brewer whose annual production is less than sixty
thousand barrels may apply to the liquor authority for a permit to sell
beer in a sealed container for off-premises consumption at the state
fair, at recognized county fairs and at farmers’ markets operated on a
not-for-profit basis. As a condition of the permit a representative from
the brewer must be present at the time of sale.
5-a. Except as otherwise provided in subdivisions three, four, five
and six-a of this section and except as provided in section fifty-two of
this article no brewer shall sell any beer, wine or liquor at retail.
6. Notwithstanding the provisions of subdivision one of section one
hundred one of this chapter the authority may issue a brewer’s license
pursuant to this section for a premises which shall be located wholly
within the town of Hyde Park, county of Dutchess, state of New York,
known and designated as Lot No. 1 shown on a map entitled “Subdivision
for Piney” filed in the Dutchess County Clerk’s Office as Map No. 8764,
being more particularly bounded and described as follows:
BEGINNING at a point on the easterly line of State Highway Route 9
(also known as Albany Post Road) at the northwest corner of the herein
described parcel and the southwest corner of the lands now or formerly
of Friendly Ice Cream Corp.; thence along the division line between the
herein described parcel and the last mentioned lands; South 77 deg 10′
10″ East 310.17 feet to the northeast corner of the herein described
parcel and the southeast corner of the last mentioned lands at a point
on the westerly line of other lands of Fernando Piney which are
designated as Lot No. 1 as shown of Filed Map 5678; thence along the
division line between the herein described parcel and the last described
lands of Piney. South 06 deg 34′ 20″ West 157.76 feet to the southeast
corner of the herein described parcel and the northeast corner of Lot
No. 2 as shown on Filed Map No. 8764; thence along the northerly line of
Lot No. 2 as shown on the last mentioned filed map. North 81 deg 25′ 42″
West 155.26 feet and South 87 deg 45′ 20″ West 155.00 feet to the
southwest corner of Lot No. 1 and the northwest corner of Lot No. 2 at a
point on the easterly line of State Highway Route 9; thence along the
easterly line of State Highway Route 9. North 06 deg 34′ 20″ East 210.00
feet to the point of beginning. Being the same premises as conveyed to
Anthony Lobianco, Joseph Lobianco and Carmelo DeCicco by deed of
Universal Land Abstract, as agent of the grantor, Fernando Piney, dated
March 21, 1995 and recorded in the office of the Dutchess County Clerk
on such date as Receipt no. R12437, Batch record no. A00209; Being the
same premises as conveyed to Angela DeCicco by deed of Schirmer Hrdlicka
Strohsahl, as agent of the grantor, Carmelo DeCicco, dated November
17, 2003 and recorded in the office of the Dutchess County Clerk on
December 9, 2004 as document no. 02 2004 12028, Receipt no. R98669,
Batch record no. C00440.
6-a. A licensed brewer producing New York state labelled beer may:
(a) sell such beer to licensed farm distillers, farm wineries, farm
cideries and farm breweries. All such beer sold by the licensee shall be
securely sealed and have attached thereto a label as shall be required
by section one hundred seven-a of this chapter;
(c) sell such beer at retail for consumption off the premises at the
state fair, at recognized county fairs and at farmers markets operated
on a not-for-profit basis;
(e) apply for a permit to conduct tastings away from the licensed
premises of such beer. Such permit shall be valid throughout the state
and may be issued on an annual basis or for individual events. Each such
permit and the exercise of the privilege granted thereby shall be
subject to such rules and conditions of the authority as it deems
necessary. Tastings shall be conducted subject to the following
conditions:
(i) tastings shall be conducted by an official agent, representative
or solicitor of the licensee. Such agent, representative or solicitor
shall be physically present at all times during the conduct of the
tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of beer or cider as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the licensee.
(f) if it holds a tasting permit issued pursuant to paragraph (e) of
this subdivision, apply to the authority for a permit to sell such beer,
for consumption off the premises, during such tastings in premises
licensed under sections sixty-four, sixty-four-a, eighty-one and
eighty-one-a of this chapter. Each such permit and the exercise of the
privilege granted thereby shall be subject to such rules and conditions
of the authority as it deems necessary.
7. Notwithstanding any contrary provision of law or of any rule or
regulation promulgated pursuant thereto, and in addition to the
activities which may otherwise be carried on by any person licensed as a
brewer under this chapter, such person may, on the premises designated
in such license: (a) produce, package, bottle, sell and deliver soft
drinks and other non-alcoholic beverages, vitamins, malt, malt sirup,
and other by-products; (b) dry spent grain from the brewery; (c) recover
carbon dioxide and yeast; (d) store bottles, packages and supplies
necessary or incidental to all such operations; (e) package, bottle,
sell and deliver wine products; (f) allow for the premises including
space and equipment to be rented by a licensed tenant brewer for the
purposes of alternation; and (g) manufacture, produce, blend, package,
bottle, purchase, sell and deliver alcoholic beverages. If any licensed
brewer desires to engage in any of the activities in paragraph (a), (b),
(c), (d) or (e) of this subdivision which (a) require the use of
by-products or wastage from the production of beer, or utilize
buildings, room-areas or equipment not fully employed in the production
of beer; or (b) are reasonably necessary to realize the maximum benefit
from the premises and equipment and to reduce the overhead of the
brewery; or (c) are in the public interest because of emergency
conditions; or (d) involve experiments or research projects related to
equipment, materials, processes, products, by-products or wastage of the
brewery, he shall submit an application so to do to the liquor
authority, on forms prescribed and furnished by it. If the authority
determines that the activities specified in the application will not
impede the effective administration of the alcoholic beverage control
law, it may approve such application, subject to such restrictions or
modifications, and in such manner and form as it may determine, and no
brewer licensed under this chapter shall engage in any such activities
without the prior approval of the authority. Provided, however, if the
licensed brewer desires to engage in any activities identified in
paragraph (f) or (g) of this subdivision the licensee shall submit an
application to do so to the liquor authority, on forms prescribed and
furnished by it. If the authority determines that the activities
specified in the application will not impede the effective
administration of this chapter, it may approve such application, subject
to such restrictions or modifications, and in such manner and form as it
may determine. The approval of such application shall be subject to the
imposition of such additional license fees for such activities
identified in paragraph (g) of this subdivision consistent with the
manufacture of any alcoholic beverages under this article and articles
five and six of this chapter. The liquor authority is hereby authorized
to adopt such rules and regulations as it may determine necessary to
effectuate the provisions of this subdivision.
8. (a) A licensee or his or her employee, or a brewer or manufacturer
as defined in section three of this chapter or its employee or
representative, or an importer having a basic permit as required by
section 1.20 of title 27 of the code of federal regulations or its
employee or representative, may obtain a permit to serve small samples
of beer or malt beverages he or she produces or imports at
establishments licensed under section fifty-four or fifty-four-a of this
article. Furthermore such permit may also be obtained for serving small
samples of beer or malt beverages produced or imported by such licensee,
brewer, manufacturer or importer at annual fairs sponsored by
agricultural and horticultural societies as defined in section fourteen
hundred nine of the not-for-profit corporation law, and for sampling at
the licensed premises of the holder of a wholesaler’s license under
section fifty-three of this article issued or renewed prior to July
first, nineteen hundred sixty, and thereafter renewed or transferred,
which authorizes the holder thereof to sell beer at retail to a person
for consumption in his or her home. For purposes of this paragraph, a
representative shall not include a person licensed under section
fifty-three of this article or his or her employees.
(b) The fee for a temporary brewer tasting permit shall be twenty
dollars and shall be issued by the authority and dated for its period of
use, which shall not exceed three days. An applicant for such permit may
also apply for an annual brewer tasting permit for a fee of one thousand
dollars which shall be issued by the authority.
(c) Tastings at such licensed establishments or annual fairs shall be
conducted only within the hours fixed by or pursuant to this chapter,
during which alcoholic beverages may be lawfully sold or permitted upon
premises licensed to sell beer or malt beverages for off-premises
consumption.
(d) A licensee or his or her employee may provide small samples of
beer or malt beverages he or she produces at their licensed
establishment. No permit shall be required for a licensee or his or her
employee to provide small samples of beer or malt beverages when served
at his or her licensed establishment.
(e) Each serving at tastings shall be served only by the brewer or
importer or his or her employee and shall be limited to three ounces or
less of a brand of beer or malt beverage produced by the brewer or by
the importer and no consumer of legal age shall be provided or given
more than two servings of such brands offered for tasting.
(f) All beer or other malt beverages served pursuant to a permit
issued under this subdivision shall have been purchased by the retail
licensee upon whose premises the serving of samples is taking place.
(g) A brewer or importer to whom a permit is issued pursuant to this
subdivision may not be assessed a fee or charge by the retail licensee
upon whose premises the serving is taking place for the privilege of
serving such samples.
(h) The brewer or importer, or his or her employee serving such
samples, shall be responsible for ensuring that such samples are only
served to individuals legally eligible to consume alcoholic beverages in
this state.
(i) Any liability stemming from a right of action resulting from the
sampling of beer or other malt beverages as authorized by this
subdivision, and in accordance with the provisions of sections 11-100
and 11-101 of the general obligations law, shall accrue to the brewer or
importer.
(j) The authority is authorized and directed to provide such forms to
a brewer or importer to obtain the necessary temporary brewer tasting
permit and promulgate such rules and regulations, as it deems necessary
or appropriate to implement the provisions of this subdivision to
protect the health, safety and welfare of the people of this state.
9. A brewery shall manufacture at least fifty barrels of beer
annually.

S 51-a. Farm brewery license. 1. Any person may apply to the authority
for a farm brewery license as provided for in this section to brew beer
within this state for sale. Such application shall be in writing and
verified and shall contain such information as the authority shall
require. Such application shall be accompanied by a check or draft for
the amount required by this article for such license. If the authority
grants the application, it shall issue a license in such form as shall
be determined by its rules. Such license shall contain a description of
the licensed premises and in form and in substance shall be a license to
the person therein specifically designated to brew beer in the premises
therein specifically licensed.
2. A farm brewery license shall authorize the holder thereof to
operate a brewery for the manufacture of New York state labelled beer.
Such a license shall also authorize the licensee to:
(a) manufacture New York state labelled cider;
(b) sell in bulk beer and cider manufactured by the licensee to any
person licensed to manufacture alcoholic beverages in this state or to a
permittee engaged in the manufacture of products which are unfit for
beverage use;
(c) sell or deliver beer and cider manufactured by the licensee to
persons outside the state pursuant to the laws of the place of such
delivery;
(d) sell beer and cider manufactured by the licensee to wholesalers
and retailers licensed in this state to sell such beer and cider,
licensed farm distillers, licensed farm wineries, licensed farm cideries
and any other licensed farm brewery. All such beer and cider sold by the
licensee shall be securely sealed and have attached thereto a label as
shall be required by section one hundred seven-a of this chapter;
(e) sell at the licensed premises beer and cider manufactured by the
licensee or any other licensed farm brewery at retail for consumption on
or off the licensed premises;
(f) conduct tastings at the licensed premises of beer and cider
manufactured by the licensee or any other licensed farm brewery;
(g) operate a restaurant, hotel, catering establishment, or other food
and drinking establishment in or adjacent to the licensed premises and
sell at such place, at retail for consumption on the premises, beer and
cider manufactured by the licensee and any New York state labeled beer
or New York state labeled cider. All of the provisions of this chapter
relative to licenses to sell beer at retail for consumption on and off
the premises shall apply so far as applicable to such licensee.
Notwithstanding any other provision of law, the licensed farm brewery
may apply to the authority for a license under this chapter to sell
other alcoholic beverages at retail for consumption on the premises at
such establishment;
(h) sell beer and cider manufactured by the licensee or any other
licensed farm brewery at retail for consumption off the premises, at the
state fair, at recognized county fairs and at farmers markets operated
on a not-for-profit basis;
(i) conduct tastings of and sell at retail for consumption off the
premises New York state labelled wine manufactured by a licensed winery
or licensed farm winery;
(j) conduct tastings of and sell at retail for consumption off the
premises New York state labelled cider manufactured by a licensed cider
producer or licensed farm cidery;
(k) conduct tastings of and sell at retail for consumption off the
premises New York state labelled liquor manufactured by a licensed
distiller or licensed farm distiller; provided, however, that no
consumer may be provided, directly or indirectly: (i) with more than
three samples of liquor for tasting in one calendar day; or (ii) with a
sample of liquor for tasting equal to more than one-quarter fluid ounce;
and
(l) engage in any other business on the licensed premises subject to
such rules and regulations as the authority may prescribe. Such rules
and regulations shall determine which businesses will be compatible with
the policy and purposes of this chapter and shall consider the effect of
particular businesses on the community and area in the vicinity of the
farm brewery licensee.
3. (a) A farm brewery licensee may apply for a permit to conduct
tastings away from the licensed premises of beer and cider produced by
the licensee. Such permit shall be valid throughout the state and may be
issued on an annual basis or for individual events. Each such permit and
the exercise of the privilege granted thereby shall be subject to such
rules and conditions of the authority as it deems necessary.
(b) Tastings shall be conducted subject to the following limitations:
(i) tastings shall be conducted by an official agent, representative
or solicitor of one or more farm breweries. Such agent, representative
or solicitor shall be physically present at all times during the conduct
of the tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of beer or cider as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the farm brewery.
4. A licensed farm brewery holding a tasting permit issued pursuant to
subdivision three of this section may apply to the authority for a
permit to sell beer and cider produced by such farm brewery, by the
bottle, during such tastings in premises licensed under sections
sixty-four, sixty-four-a, eighty-one and eighty-one-a of this chapter.
Each such permit and the exercise of the privilege granted thereby shall
be subject to such rules and conditions of the authority as it deems
necessary.
5. A licensed farm brewery may, under such rules as may be adopted by
the authority, sell beer or cider manufactured by the licensee or any
other licensed farm brewery at retail in bulk by the keg, cask or barrel
for consumption and not for resale at a clam-bake, barbeque, picnic,
outing or other similar outdoor gathering at which more than fifty
persons are assembled.
6. A licensed farm brewery may apply to the authority for a license to
sell liquor and/or wine at retail for consumption on the premises in a
restaurant owned by him and conducted and operated by the licensee in or
adjacent to its farm brewery. All of the provisions of this chapter
relative to licenses to sell liquor or wine at retail or consumption on
the premises shall apply so far as applicable.
7. A farm brewery license shall authorize the holder thereof to
manufacture, bottle and sell food condiments and products such as
mustards, sauces, hop seasonings, beer nuts, and other hops and beer
related foods in addition to beer and hop soaps, hop pillows, hop
wreaths and other such food and crafts on and from the licensed
premises. Such license shall authorize the holder thereof to store and
sell gift items in a tax-paid room upon the licensed premises incidental
to the sale of beer. These gift items shall be limited to the following
categories:
(a) non-alcoholic beverages for consumption on or off premises,
including but not limited to bottled water, juice and soda beverages;
(b) food items for the purpose of complementing beer and cider
tastings, which shall mean a diversified selection of food that is
ordinarily consumed without the use of tableware and can be conveniently
consumed while standing or walking. Such food items shall include but
not be limited to: cheeses, fruits, vegetables, chocolates, breads,
mustards and crackers;
(c) food items, which shall include locally produced farm products and
any food or food product not specifically prepared for immediate
consumption upon the premises. Such food items may be combined into a
package containing cider, beer and/or hop related products;
(d) beer supplies and accessories, which shall include any item
utilized for the storage, serving or consumption of beer or for
decorative purposes. These supplies may be sold as single items or may
be combined into a package containing beer;
(e) beer-making equipment and supplies including, but not limited to,
home beer-making or homebrewing kits, filters, bottling equipment, hops,
barley, yeasts, chemicals and other beer additives, and books or other
written material to assist beer-makers and home beer-makers or
homebrewers to produce and bottle beer;
(f) souvenir items, which shall include, but not be limited to
artwork, crafts, clothing, agricultural products and any other articles
which can be construed to propagate tourism within the region.
8. Notwithstanding any provision of this chapter to the contrary, any
farm brewery licensee may charge for tours of its premises.
9. The holder of a license issued under this section may operate up to
five branch offices located away from the licensed farm brewery. Such
locations shall be considered part of the licensed premises and all
activities allowed at and limited to the farm brewery may be conducted
at the branch offices. Such branch offices shall not be located within,
share a common entrance and exit with, or have any interior access to
any other business, including premises licensed to sell alcoholic
beverages at retail. Prior to commencing operation of any such branch
office, the licensee shall notify the authority of the location of such
branch office and the authority may issue a permit for the operation of
same.
10. (a) No farm brewery shall manufacture in excess of seventy-five
thousand finished barrels of beer and cider annually.
(b) A farm brewery shall manufacture at least fifty barrels of beer
and cider annually.
11. (a) Except as provided in paragraph (b) of this subdivision, no
licensed farm brewery shall manufacture or sell any beer other than New
York state labelled beer.
(b) In the event that the commissioner of agriculture and markets,
after investigating and compiling information pursuant to subdivision
forty-two of section sixteen of the agriculture and markets law,
determines that a natural disaster, act of God, or continued adverse
weather condition has destroyed much of the necessary ingredients for
brewing beer, such commissioner, in consultation with the chairman of
the authority, may give authorization to a duly licensed farm brewery to
manufacture or sell beer produced from ingredients grown or produced
outside this state. No such authorization shall be granted to a farm
brewery licensee unless such licensee certifies to such commissioner the
quantity of New York grown ingredients unavailable to such licensee due
to such natural disaster, act of God or continuing adverse weather
condition and satisfies such commissioner that reasonable efforts were
made to obtain brewing ingredients from a New York state source for such
beer making purpose. No farm brewery shall utilize an amount of
out-of-state grown or produced ingredients exceeding the amount of New
York grown ingredients that such brewery is unable to obtain due to the
destruction of New York grown or produced ingredients by a natural
disaster, act of God or continuing adverse weather condition as
determined by the commissioner of agriculture and markets pursuant to
this subdivision. For purposes of this subdivision, the department of
agriculture and markets and the authority are authorized to adopt rules
and regulations as they may deem necessary to carry out the provisions
of this subdivision which shall include ensuring that in manufacturing
beer farm breweries utilize ingredients grown or produced in New York
state to the extent they are reasonably available, prior to utilizing
ingredients from an out-of-state source for such purpose.
(c) The commissioner of agriculture and markets shall make available
to farm breweries and to the public each specific ingredient loss
determination issued pursuant to paragraph (b) of this subdivision on or
before August twentieth of each year.
(d) In the event that the continuing effects of a natural disaster,
act of God, or adverse weather condition which occurred prior to August
twentieth of each year or the effects of a natural disaster, act of God,
or adverse weather condition which occurs subsequent to August twentieth
each year results in any ingredient loss which meets the standards
provided in paragraph (b) of this subdivision, the commissioner of
agriculture and markets, in consultation with the chairman of the
authority, may issue additional ingredient loss determinations and shall
expeditiously make available to farm breweries and to the public each
specific ingredient loss determination issued pursuant to this paragraph
prior to October tenth of each year.
12. (a) Except as provided in paragraph (b) of this subdivision, no
licensed farm brewery shall manufacture or sell any cider other than New
York state labelled cider.
(b) In the event that the commissioner of agriculture and markets,
after investigating and compiling information pursuant to subdivision
forty-two of section sixteen of the agriculture and markets law,
determines that a natural disaster, act of God, or continued adverse
weather condition has destroyed much of the apple crop necessary for
producing cider, such commissioner, in consultation with the chairman of
the authority, may give authorization to a duly licensed farm brewery to
manufacture or sell cider produced from apples grown outside this state.
No such authorization shall be granted to a farm brewery licensee unless
such licensee certifies to such commissioner the quantity of New York
grown apples unavailable to such licensee due to such natural disaster,
act of God or continuing adverse weather condition and satisfies such
commissioner that reasonable efforts were made to obtain apples from a
New York state source for such cider making purpose. No farm brewery
shall utilize an amount of out-of-state grown apples exceeding the
amount of New York grown apples that such brewery is unable to obtain
due to the destruction of New York grown apples by a natural disaster,
act of God or continuing adverse weather condition as determined by the
commissioner of agriculture and markets pursuant to this subdivision.
For purposes of this subdivision, the department of agriculture and
markets and the authority are authorized to adopt rules and regulations
as they may deem necessary to carry out the provisions of this
subdivision which shall include ensuring that in manufacturing cider
farm breweries utilize apples grown in New York state to the extent they
are reasonably available, prior to utilizing apples from an out-of-state
source for such purpose.
(c) The commissioner of agriculture and markets shall make available
to farm breweries and to the public each specific apple loss
determination issued pursuant to paragraph (b) of this subdivision on or
after August twentieth of each year.
(d) In the event that the continuing effects of a natural disaster,
act of God, or adverse weather condition which occurred prior to August
twentieth of each year or the effects of a natural disaster, act of God,
or adverse weather condition which occurs subsequent to August twentieth
of each year results in any apple crop loss which meets the standards
provided in paragraph (b) of this subdivision, the commissioner of
agriculture and markets, in consultation with the chairman of the
authority, may issue additional apple crop loss determinations and shall
expeditiously make available to farm breweries and to the public the
loss determination issued pursuant to this paragraph prior to October
tenth of each year.
13. Notwithstanding any contrary provision of law or of any rule or
regulation promulgated pursuant thereto, and in addition to the
activities which may otherwise be carried out by any person licensed
under this section, such person may, on the premises designated in such
license:
(a) produce, package, bottle, sell and deliver soft drinks and other
non-alcoholic beverages, vitamins, malt, malt syrup, and other
by-products;
(b) dry spent grain from the brewery;
(c) recover carbon dioxide and yeast;
(d) store bottles, packages and supplies necessary or incidental to
all such operations;
(e) package, bottle, sell and deliver wine products;
(f) allow for the premises including space and equipment to be rented
by a licensed tenant brewer for the purposes of alternation.
14. Notwithstanding any other provision of this chapter, the authority
may issue a farm brewery license to the holder of a farm winery or farm
distiller’s license for use at such licensee’s existing licensed
premises. The holder of a farm winery or farm distiller’s license that
simultaneously holds a farm brewery license on an adjacent premises may
share and use the same tasting room facilities to conduct any tastings
that such licensee is otherwise authorized to conduct.
15. The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this section. In prescribing
such rules and regulations, the authority shall promote the expansion
and profitability of beer and cider production and of tourism in New
York, thereby promoting the conservation, production and enhancement of
New York state agricultural lands.

* S 52.Custom beermakers’ center. 1. Any person may apply to the
authority on or before December thirty-first, two thousand nineteen for
a custom beermakers’ center license as provided for in this section to
operate a custom beermakers’ center facility and provide individuals
with rental space, the use of equipment and storage facilities, and/or
beer making supplies for the production of beer by such individuals for
personal household use and not for resale in accordance with state and
federal laws, rules, and regulations authorizing such production. Such
application shall be in writing and verified and shall contain such
information as the authority shall require, provided, however, the
holder of a license under this section may renew such license on or
after December thirty-first, two thousand nineteen. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. If the authority grants the application, it
shall issue a license in such form as shall be determined by its rules.
Such license shall contain a description of the licensed premises and in
form and in substance shall be a license to the person therein
specifically designated to operate such center to manufacture beer for
personal household use in the premises therein specifically licensed.
2. For the purposes of this section, “beer making supplies” shall mean
hops, grains, malted grains, wort, sugars, yeasts, water, fruits, fruit
juices, and other agricultural products including, but not limited to,
honey and flowers, that are grown or produced in the state of New York,
in quantity amounts as determined by the authority and shall be governed
by paragraph (b) of subdivision eleven of section fifty-one-a of this
article.
3. A custom beermakers’ center license shall authorize the holder
thereof to operate a facility for individuals to rent space, equipment,
and storage facilities and, if necessary, to purchase beer making
supplies to manufacture beer for personal household use provided that
the manufacture and production of beer for personal household
consumption and use is done in accordance with state and federal laws
and regulations. Such a license shall also authorize the licensee,
provided such activities are permitted by the federal Alcohol and
Tobacco Tax and Trade Bureau for the manufacture of tax exempt beer for
personal household use, to:
(a) conduct training classes on how to manufacture beer; and
(b) conduct beer tastings for those individuals taking such classes
and/or using such facility for brewing purposes at the licensed facility
provided that the tastings shall be subject to the following
limitations:
(i) tastings shall be conducted by the licensee or by an official
agent of the licensee. Such licensee or agent shall be physically
present at all times during the conduct of the tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of beer as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the custom beermakers’ center.
4. The custom beermakers’ center licensee shall be subject to the
supervision of the authority to ensure that the licensee and the
individuals utilizing such center are in compliance with the provisions
of this chapter, state laws, rules, and regulations, and the laws,
rules, and regulations of the federal Alcohol and Tobacco Tax and Trade
Bureau.
5. The licensee or an official agent of the licensee shall be
physically present at all times during the facility’s hours of
operations.
6. The annual aggregate production of beer at any such center for all
individuals making beer at such premises, pursuant to a custom
beermakers’ center license, shall not exceed the production limits set
by the authority that are commensurate with a non-commercial production
facility. Provided that such aggregate production limit shall not be
offset by beer produced at such facility under a brewer’s license or
farm brewery license.
7. Notwithstanding any other provision of this chapter, the authority
may issue a custom beermakers’ center license to the holder of a farm
brewery or brewery license for use at such licensee’s existing licensed
premises.
8. The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this section.
9. The licensee must maintain a record of the name, address, and
contact information of the individuals that have used such facility and
the annual amount of beer produced by each individual at the facility
pursuant to the rules of the authority.
* NB Effective May 13, 2017

S 53.Wholesaler`s license. Any person may apply to the liquor
authority for a license to sell beer at wholesale. Such application
shall be in writing and verified and shall contain such information as
the liquor authority shall require. Such application shall be
accompanied by a check or draft for the amount required by this article
for such license. If the liquor authority shall grant the application it
shall issue a license in such form as shall be determined by its rules.
Such a license shall contain a description of the licensed premises and
in form and in substance shall be a license to the person therein
specifically designated to sell beer at wholesale in the premises
therein specifically licensed to duly licensed wholesalers, retailers
and permittees in this state, and to sell or deliver beer to persons
outside the state pursuant to the laws of the place of such sale or
delivery. A wholesaler`s license issued or renewed prior to July first,
nineteen hundred sixty, and thereafter renewed or transferred, shall
authorize the holder thereof to sell beer at retail to a person for
consumption in his home; provided, however, that regardless of the date
issued, renewed or transferred, a wholesaler`s license issued to a
brewer or to the wholly-owned subsidiary of a brewer, shall authorize
the holder thereof to sell beer at retail to a person for consumption in
his home.

S 53-a.Vendor`s license. In cities having a population of one
million or more, any individual person may apply for a license to sell
beer as a vendor. Such application shall be in writing, and verified,
and shall contain such information as the liquor authority shall
require. Such application shall be accompanied by a check or draft for
the amount required by this article for such license. If the liquor
authority shall grant the application it shall issue a license in such
form as shall be determined by its rules. Such a license shall contain a
description of the licensed premises and in form and in substance shall
be a license to the person therein specifically designated to sell beer
as a vendor in cities having a population of one million or more only,
from the premises therein specifically licensed. A vendor`s license
shall authorize the holder thereof to sell beer at retail to be
delivered by such vendor to a person for consumption in his home and
shall authorize the holder thereof to operate one vehicle for the
delivery of beer, but shall not authorize the sale to any person or
licensee for resale.

S 54.License to sell beer at retail for consumption off the premises.
1. Any person may apply to the appropriate board for a license to sell
beer at retail not to be consumed upon the premises where sold. Such
application shall be in writing and verified and shall contain such
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. The term “premises” shall include any duly
licensed supply ship operating in harbors in Lake Erie.
2. In the event that the liquor authority issues such license it shall
forward the same to the applicant.
3. If the authority shall disapprove an application for a license or
permit, it shall state and file in its offices the reasons therefor and
shall notify the applicant thereof. Such applicant may thereupon apply
to the liquor authority for a review of such action in a manner to be
prescribed by the rules of the liquor authority. A hearing upon notice
to the applicant shall thereupon be held by the liquor authority or by
one of its members at its office most conveniently situated to the
office of its duly authorized representative in a manner to be
prescribed in its rules; and on such hearing proof may be taken by oral
testimony or by affidavit relative thereto. After such hearing, if the
liquor authority confirms such disapproval, it shall endorse such
application accordingly and shall send notice to the applicant of its
action in such form as the liquor authority may prescribe. If the liquor
authority does not confirm the disapproval action it may grant such
application and issue such license.
4. No such license shall be issued, however, to any person for any
premises other than a grocery store, drug store, or duly licensed supply
ship operating in harbors in Lake Erie.
5. Such license shall contain a description of the licensed premises
and in form and in substance shall be a license to the person
specifically designated therein to sell beer at retail in the premises
specifically licensed, not to be consumed upon said premises.

S 54-a.License to sell beer and wine products at retail for
consumption off the premises. 1. Any person may apply to the appropriate
board for a license to sell beer and wine products at retail not to be
consumed upon the premises where sold. Such application shall be in
writing and verified and shall contain such information as the liquor
authority shall require. Such application shall be accompanied by a
check or draft for the amount required by section fifty-six of this
article for such license. The term “premises” shall include any duly
licensed supply ship operating in harbors in Lake Erie. All the
provisions contained in subdivisions two and three of section fifty-four
of this article shall apply to the procedure relative to an application
for a license under this section.
2. No such license shall be issued, however, to any person for any
premises other than a grocery store, drug store, or duly licensed supply
ship operating in harbors in Lake Erie.
3. Such license shall contain a description of the licensed premises
and in form and in substance shall be a license to the person
specifically designated therein to sell beer and wine products at retail
in the premises specifically licensed, not to be consumed upon said
premises.

S 54-b. Beer tasting. Any person holding a retail license to sell beer
under this chapter shall be permitted to conduct consumer tastings of
beer upon such person’s licensed premises. All such tastings shall be
subject to the following limitations:
(a) Tastings of beer shall be conducted by the licensee or an
authorized agent of the licensee. Provided, however, a licensed beer or
cider wholesaler shall not serve as the authorized agent for another
entity, nor shall a licensed beer or cider wholesaler be involved in any
manner with a beer tasting conducted by another entity.
(b) No more than three samples of beer may be provided to a person in
one calendar day.
(c) No sample may exceed three fluid ounces.
(d) No tasting shall be held during the hours prohibited by the
provisions of sections one hundred five and one hundred five-a of this
chapter.
(e) Any liability stemming from a right of action resulting from a
tasting authorized by this section and in accordance with the provisions
of sections 11-100 and 11-101 of the general obligations law shall
accrue to the licensee.
(f) No person under the age of twenty-one shall be permitted to serve
a sample or handle an open container of beer.

S 55.License to sell beer at retail for consumption on the premises.
1. Any person may make an application to the appropriate board for a
license to sell beer at retail to be consumed upon the premises. Such
application shall be in writing and verified and shall contain such
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. All of the provisions contained in
subdivisions two and three of the preceding section shall apply to the
procedure relative to an application for a license under this section.
2. Such a license shall contain a description of the licensed premises
and in form and in substance shall be a license to the person therein
specifically designated to sell beer in the premises therein
specifically licensed, at retail, to be consumed upon such premises.
Such license shall also include the privilege of selling beer at retail
to be consumed off the premises.
3. No such license shall be issued, however, to any person for any
premises other than premises for which a license may be issued under
section sixty-four or sixty-four-a of this chapter or a hotel or
premises which are kept, used, maintained, advertised or held out to the
public to be a place where food is prepared and served for consumption
on the premises in such quantities as to satisfy the liquor authority
that the sale of beer intended is incidental to and not the prime source
of revenue from the operation of such premises. The foregoing provisions
of this subdivision shall not apply to any premises located at, in, or
on the area leased by the city of New York to New York World’s Fair 1964
Corporation pursuant to the provisions of chapter four hundred
twenty-eight of the laws of nineteen hundred sixty, as amended by a
chapter of the laws of nineteen hundred sixty-one, during the term or
duration of such lease. Such license may also include such suitable
space outside of the licensed premises and adjoining it as may be
approved by the liquor authority.

S 55-a.License to sell beer at retail, in certain counties, for consumption
at baseball parks, race tracks and outdoor athletic fields and stadia where
admission fees are charged, in operation for certain periods of the year.
1. Any person may make an application to the
appropriate board for a license to sell beer to be consumed at baseball
parks, race tracks, and other athletic fields and stadia where admission
fees are charged, other than such parks, fields and stadia as are
operated and maintained by educational institutions, to be consumed on
the premises. Such application shall be in writing and verified and
shall contain such information as the liquor authority shall require.
Such application shall be accompanied by a check or draft for the amount
required by this article for such license. All of the provisions
contained in subdivisions two and three of section fifty-four shall
apply to the procedure relative to an application for a license under
this section.
2. Such a license shall contain a description of the licensed premises
and in form and substance shall be a license to the person therein
specifically designated to sell beer on the premises therein
specifically licensed, at retail, to be consumed upon such premises.

S 55-b.Manner of changing beer prices to wholesalers and retail licensees.
1. It is hereby declared as the policy of the state that the
sale and distribution of beer shall be subject to certain restrictions,
prohibitions and regulations which tend to maintain an orderly market
and prevent destructive competition. The necessity of the provisions of
this section is therefore declared as a matter of legislative necessity.
2. No brewer or beer wholesaler may increase the price per case, draft
package or special package of beer sold to beer wholesalers or retail
licensees until at least one hundred eighty days have elapsed since his
last price decrease on such case, draft package or special package,
provided, however, that the brewer or beer wholesaler may increase any
price established by him at any time in the amount of any direct tax
increase on beer, or on containers thereof, actually paid by such brewer
or beer wholesaler, and provided further, however, that if a brewer or
beer wholesaler has increased his price to beer wholesalers at any time
pursuant to the provisions hereof, the beer wholesaler may increase the
price established by him on such package in an amount equal to the
direct price increase to the beer wholesaler. The price per case, draft
package or special package of beer sold to beer wholesalers or retail
licensees on the first day of the month following the effective date of
this act shall be deemed the base price, to or from which price
increases or decreases may be made in accordance with the provisions of
this section.
3. The authority is authorized and empowered to do such acts,
prescribe such forms and adopt rules and regulations as it may deem
necessary or proper to carry into effect the purpose and provisions of
this section and to prevent circumvention or evasion thereof.
Without limiting the generality of the foregoing, and in addition to
its other powers, the authority may, in its discretion, adopt rules or
regulations:
a. Particularizing the standards of packaging which constitute a case,
special package and draft package of beer.
b. Defining the guidelines relating to “price” within the purview of
this section which guidelines may provide, without limitation thereto,
that,
(1) Whenever a brewer or beer wholesaler decreases his price per case,
draft package or special package of beer to beer wholesalers, the beer
wholesaler may decrease his price to retail licensees on such reduced
item or items by no more than the amount in dollars and cents by which
the brewer or beer wholesaler has decreased the price per case, draft
package or special package to the beer wholesaler.
(2) Whenever the price per case, draft package or special package of
beer is increased to retail licensees by action of the brewer or beer
wholesaler following a price decrease, the brewer or beer wholesaler may
not increase its price to retailers on any item or items more than
one-half of the price decrease previously granted, nor may the brewer or
beer wholesaler selling such item or items to the beer wholesaler
increase its price to such beer wholesaler more than one-half of the
price decrease previously granted, provided, however, such restrictions
on price increases by both brewers and beer wholesalers shall remain in
effect for the period of one hundred eighty days.
(3) Whenever a brewer or beer wholesaler lowers its price per case,
draft package or special package of beer to any beer wholesaler in New
York state it must lower its price on each item or items by the same
amount to all beer wholesalers throughout New York state to whom such
item or items is offered for sale.
(4) Whenever a brewer or beer wholesaler, following a price decrease,
raises its price per case, draft package or special package of beer to
any beer wholesaler in New York state it must raise its price on each
item or items by the same amount to all beer wholesalers throughout New
York state to whom such item or items are offered for sale.
c. Providing that for good cause shown to its satisfaction, the
authority may grant waivers to licensees adversely affected by this
section, under such terms and conditions as the authority deems
appropriate.
d. Requiring licensees to file with the authority reports certifying
their prices of beer, the dates of any changes in the price of any item
of beer, and such other matters as the authority may determine from time
to time to be necessary to disclose accurately the price of beer during
the previous twelve months and requiring licensees to keep forms,
records and memoranda prescribed by the authority.
4. For the purpose of defraying the expenses incurred in the
administration of this section, there shall be paid to the authority by
each person hereafter applying for a license as brewer or beer
wholesaler the following sums: brewer whose annual production is sixty
thousand barrels per year or more, one thousand dollars; brewer whose
annual production is less than sixty thousand barrels per year, one
hundred dollars; beer wholesaler, one hundred dollars. A like sum shall
be paid by each person hereafter applying for the issuance or renewal of
any such license and such sum shall accompany the application and the
license fee prescribed by this chapter for such license or renewal
thereof, as the case may be. The sums prescribed by this subdivision
shall not be pro-rated for any portion of the license fee and shall have
no refund value.
5. For any violation of any provision of this section or of any rule
or regulation duly promulgated under this section the authority may
revoke, cancel or suspend a license or recover, as provided in section
one hundred twelve of this chapter, the penal sum of the bond filed by
the licensee.

S 55-c.Agreements between brewers and beer wholesalers. 1. Purpose.
It is hereby declared to be the policy of this state, that the sale and
delivery of beer by brewers to beer wholesalers shall be pursuant to a
written agreement. That further, the regulation of business relations
between brewers and beer wholesalers is necessary and appropriate to the
general economy and tax base of this state and in the public interest.
2. Definitions. As used in this section, the following words shall
have the following meanings:
(a) “Agreement” means any contract, agreement, arrangement, course of
dealing or commercial relationship between a brewer and a beer
wholesaler pursuant to which a beer wholesaler is granted the right to
purchase, offer for sale, resell, warehouse or physically deliver beer
sold by a brewer.
(b) “Brewer” means any person or entity engaged primarily in business
as a brewer, manufacturer of alcoholic beverages, importer, marketer,
broker or agent of any of the foregoing who sells or offers to sell beer
to a beer wholesaler in this state or any successor to a brewer.
(c) “Successor to a brewer” means any person or entity which acquires
the business or beer brands of a brewer, without limitation, by way of
the purchase, assignment, transfer, lease, or license or disposition of
all or a portion of the assets, business or equity of a brewer in any
transaction, including merger, corporate reorganization or consolidation
or the formation of a partnership, joint venture or other joint
marketing alliance.
(d) “Beer wholesaler” and “wholesaler” means the holder of a
wholesaler’s license pursuant to section fifty-three of this article who
purchases, offers to sell, resells, markets, promotes, warehouses or
physically distributes beer sold by a brewer.
(e) “Good cause” means and shall be limited to:
(i) (A) The implementation by a brewer of a national or regional
policy of consolidation which is reasonable, nondiscriminatory and
essential. Such policy shall have been previously disclosed, in
writing, in reasonable detail to the brewer’s wholesalers, and shall
result in a contemporaneous reduction in the number of a brewer’s
wholesalers not only for a brand in this state, but also for a brand in
contiguous states or in a majority of the states in which the brewer
sells the brand. All affected wholesalers and affected brewers shall be
afforded ninety days prior notice of the implementation of such policy,
and such notice shall be provided by the brewer implementing said
policy. Further, an affected wholesaler who has actual knowledge of the
intended implementation of such policy shall also notify each affected
brewer. The term “affected brewers” means all other brewers with an
agreement with an affected wholesaler who is a multiple brands
wholesaler. The term “affected wholesalers” means wholesalers who may
reasonably be expected to experience a loss or diminishment of a right
to distribute a brand, in whole or in part, as a consequence of a
proposed consolidation policy.
(B) An affected brewer receiving notice pursuant to this paragraph
may, within one hundred twenty days after receiving such notice,
terminate an agreement with a multiple brands wholesaler in the event:
(1) the total case purchases computed in twenty-four twelve ounce
equivalence units by the wholesaler of the products of the affected
brewer amounted to two percent or less of the multiple brands
wholesaler’s total sales volume during the twelve month period preceding
the notice; and (2) the affected brewer, prior to such termination, pays
compensation to the multiple brands wholesaler.
(ii) There is a failure by the beer wholesaler to comply with a
material term of an agreement required by subdivision three of this
section between the brewer and beer wholesaler, provided that: (A) the
wholesaler was given written notice by the brewer of the failure to
comply with the agreement as provided for in subdivision five of this
section and in which the brewer states with particularity the basis for
the brewer’s determination of non-compliance, and upon the wholesaler’s
written request within ten days of receipt of the notice, the brewer has
supplemented such notice by submitting to the wholesaler in writing the
brewer’s recommended plan of corrective action to cure the claimed
defaults or deficiencies in a manner satisfactory to it; (B) the
wholesaler was afforded a reasonable opportunity to assert good faith
efforts to comply with the agreement by curing the claimed defaults or
deficiencies specified in said notice within the time provided for in
clause (C) of this subparagraph; and (C) the wholesaler was afforded
fifteen days after receipt of such notice to submit a written plan of
corrective action to comply with the agreement by curing the claimed
non-compliance and seventy-five days to cure such non-compliance in
accordance with the plan. Provided, however, that such period for cure
may be increased or reduced to a commercially reasonable period by an
order of a court in this state entered after a hearing at which the
brewer has the burden to demonstrate that the claimed defaults or
deficiencies can be substantially rectified in the period of time
afforded the wholesaler or that, after receipt of notice of default or
deficiency as provided for in subdivision five of this section, the
wholesaler has intentionally engaged in an affirmative course of conduct
in which the brewer’s current marketing plans and other trade secrets
are disclosed to a third party without the prior consent of the brewer
or in which the wholesaler acts or threatens to act to significantly
impair, harm or dilute the reputation or competitive position of the
brewer or otherwise irreparably injure the brewer, its brands or
trademarks. Provided, further however: (1) that such period for cure
need not exceed forty-five days if within the twelve months immediately
following a cure, the wholesaler intentionally engages in conduct which
repeats the same specified default and deficiency which the brewer had
deemed cured; and (2) that such period for cure need not exceed sixty
days in the event that during the twelve month period preceding the
notice, the total case purchases by the wholesaler of the affected
products of the brewer account for less than one-half of one percent of
the wholesaler’s aggregate case purchases from all sources or one
thousand cases. For purposes of this subdivision, case purchases of
affected products whether package or draught shall be computed in
twenty-four twelve ounce equivalence units.
(f) “Good faith” means honesty in fact and the observance of
reasonable commercial standards in the trade.
(g) “Material modification” of an agreement or to “materially modify”
means and includes a substantial and significant change in the
competitive circumstances under which the agreement was entered into and
is performed which is caused by a brewer without fault on the part of
the wholesaler.
(h) “Multiple brands wholesaler” means a wholesaler which pursuant to
agreements with different brewers holds the rights to purchase, resell,
warehouse or physically deliver two or more competing products in
substantially the same geographic area or to the same customer class.
(i) “Fair market value of distribution rights” means the amount a
willing seller, under no compulsion to sell, would be willing to accept
and a willing buyer, under no compulsion to purchase, would be willing
to pay for the distribution rights.
3. Written agreement required. Except as provided for in subdivision
ten of this section, beer offered for sale in this state by a brewer to
a beer wholesaler shall be sold and delivered pursuant to a written
agreement which conforms to the provisions of this section and which
sets forth all essential and material terms, requirements, standards of
performance and conditions of the business relationship between a brewer
and a beer wholesaler. Such agreement may be cancelled, terminated,
materially modified or not renewed for good cause as defined in this
section, provided the brewer has acted in good faith.
4. Termination for cause and opportunity to cure. (a) No brewer may
cancel, fail to renew, or terminate an agreement unless the party
intending such action has good cause for such cancellation, failure to
renew, or termination and in any case in which prior notification is
required under this section, the party intending to act has furnished
said prior notification as provided for in subdivision five of this
section and the wholesaler has failed to cure such defaults or
deficiencies after a period for cure, as provided for in clause (C) of
subparagraph (ii) of paragraph (e) of subdivision two of this section.
(b) No brewer shall amend or materially modify or otherwise terminate
any essential and material term or requirement of an agreement unless
the brewer has good cause therefor and has furnished the affected party
with at least fifteen days prior notification as required by subdivision
five of this section.
(c) Notwithstanding any provision of this subdivision to the contrary:
(i) Any brewer with an annual volume as defined in subparagraph (iv)
of this paragraph of less than three hundred thousand barrels of beer
and whose sales to an affected beer wholesaler are three percent or less
of the beer wholesaler’s total annual brand sales measured in case
equivalent sales of twenty-four–twelve ounce units may terminate an
agreement with any beer wholesaler without having good cause for such
termination, as defined in paragraph (e) of subdivision two of this
section, and shall not be subject to liability to the beer wholesaler
under paragraph (b) of subdivision seven of this section provided that,
prior to the effective date of the termination, the brewer pays the beer
wholesaler the fair market value of the distribution rights which will
be lost or diminished by reason of the termination. If such brewer and
beer wholesaler cannot mutually agree to the fair market value of the
applicable distribution rights lost or diminished by reason of the
termination, then the brewer shall pay the beer wholesaler a good faith
estimate of the fair market value of the applicable distribution rights.
(ii) If the beer wholesaler being terminated under subparagraph (i) of
this paragraph disputes that the payment made by the brewer was less
than the fair market value of the distribution rights, then the beer
wholesaler may within forty-five days of termination submit the question
of fair market value of the applicable distribution rights lost or
diminished by reason of the termination to binding arbitration before a
panel of three neutral arbitrators appointed in accordance with the
commercial arbitration rules of the American Arbitration Association,
which panel shall determine by majority decision whether the brewer’s
payment meets the requirements of subparagraph (i) of this paragraph. If
the arbitration panel rules that the payment made by the brewer to the
beer wholesaler upon termination was less than the fair market value of
distribution rights lost or diminished by reason of the termination,
then the brewer must pay the beer wholesaler the difference between the
payment made to the beer wholesaler and the determined fair market value
plus interest. If the arbitration panel rules that the payment made by
the brewer to the beer wholesaler upon termination was more than the
fair market value of distribution rights lost or diminished by reason of
the termination, then the beer wholesaler must pay the brewer the
difference between the payment made to the beer wholesaler and the
determined fair market value plus interest. All arbitration fees and
expenses shall be equally divided among the parties to the arbitration
except if the arbitration panel determines that the brewer’s payment
upon termination was not a good faith estimate of the fair market value,
then the panel may award up to one hundred percent of the arbitration
costs to the brewer.
(iii) Notwithstanding any provision of this section to the contrary,
for purposes of this paragraph, the term “brewer” shall mean any person
or entity engaged primarily in business as a brewer or manufacturer of
beer.
(iv) For the purpose of this paragraph, the term “annual volume” shall
mean: (1) the aggregate number of barrels of beer, under trademarks
owned by that brewery and brewed, directly or indirectly, by or on
behalf of the brewer during the measuring period, on a worldwide basis,
plus (2) the aggregate number of barrels of beer brewed, during the
measuring period, directly or indirectly, by or on behalf of any person
or entity which, at any time during the measuring period, controlled,
was controlled by or was under common control with the brewer, on a
worldwide basis. Annual volume shall not include beer brewed under
contract for any other brewer. There shall be no double counting of the
same barrels of beer under clauses one and two of this subparagraph.
(v) For the purposes of this paragraph, the term “measuring period”
shall mean the twelve month calendar period immediately preceding the
date notice of termination, as required under subparagraph (i) of this
paragraph, was given by a brewer to the beer wholesaler.
5. Notice of default or deficiency. (a) Except as provided in
paragraph (d) of this subdivision, no brewer may cancel, fail to renew
or terminate an agreement unless the brewer or beer wholesaler furnished
prior notification in accordance with paragraph (c) of this subdivision.
(b) Notwithstanding any agreement, no brewer or beer wholesaler may
materially amend or modify an essential and material term or requirement
unless the brewer or beer wholesaler furnished prior notification in
accordance with paragraph (c) of this subdivision.
(c) The notification required under paragraphs (a) and (b) of this
subdivision shall be in writing and sent to the affected party by
certified mail. Such notification shall contain:
(i) a statement of intent to cancel, not renew, otherwise terminate,
materially amend or modify an agreement;
(ii) a statement of all reasons therefor, stated with particularity;
and
(iii) the date on which such action shall take effect.
(d) A brewer or beer wholesaler may cancel, fail to renew or otherwise
terminate an agreement without furnishing the prior notification
required under this section only:
(i) in the event the affected party has made an assignment for the
benefit of creditors or similar disposition of all or substantially all
of the assets of such party’s business;
(ii) in the event of a conviction or plea of guilty or no contest to a
felony which in the reasonable judgment of the brewer may adversely
affect the goodwill or interests of the wholesaler or brewer;
(iii) in the event of the revocation or suspension for thirty-one days
or more of any license or permit required of the wholesaler for the
normal operation of its business;
(iv) in the event there was fraudulent conduct on the part of the
brewer or beer wholesaler in its dealings with the other party;
(v) in the event of the failure by either party to pay sums of money
to the other party when due or if either the wholesaler or brewer takes
any action which would provide grounds for immediate termination
pursuant to the reasonable terms of a written enforceable agreement
between them, which was freely entered into without threat of
termination or other coercion or compulsion and was in full force and
effect sixty days from the effective date of the chapter of the laws of
nineteen hundred ninety-seven which amended this subparagraph;
(vi) in the event the brewer and beer wholesaler voluntarily agree in
writing to terminate the agreement.
6. Right of action. If a brewer fails to comply with the provisions of
this section, a beer wholesaler may maintain a civil action in a court
of competent jurisdiction within this state for damages sustained in
accordance with the laws of this state which shall govern all disputes
arising under an agreement or by reason of its making and performance.
In any such action the court may grant such equitable relief as is
necessary or appropriate, considering the purposes of this section, to
remedy the effects of any failure to comply with the provisions of this
section or the effects of conduct prohibited hereunder, including
declaratory judgment, mandatory or prohibitive injunctive relief, or
preliminary or other interim equitable relief; provided, however, that
permanent injunctive relief shall not be granted to prohibit the
effectiveness of a termination or non-renewal of an agreement in
furtherance of a policy of consolidation that is in compliance with
subparagraph (i) of paragraph (e) of subdivision two of this section. In
any legal action challenging any cancellation, termination or failure to
renew, or where an issue is the brewer’s compliance with the provisions
of subparagraph (i) of paragraph (e) of subdivision two of this section,
the brewer shall have the burden of proof that its action was based upon
good cause, provided however, the wholesaler shall retain the burden of
proof in all other respects. The rights and remedies provided in this
section to a beer wholesaler with respect to an agreement with a brewer
and to an affected wholesaler or an affected brewer shall be intended to
supplement and not be exclusive of any rights and remedies otherwise
available pursuant to any other statute, or at law or equity.
7. Reasonable compensation. (a) Any brewer who shall implement a
national or regional consolidation policy, pursuant to this section,
shall not terminate its relationship with an affected wholesaler until
compensation as provided for in this subdivision has been paid. Such
brewer shall pay the affected beer wholesaler the fair market value of
the distribution rights which will be lost or diminished by reason of
the implementation of such policy, together with fair and reasonable
compensation for other damages sustained.
(b) Every brewer who without good cause amends, cancels, terminates,
materially modifies or fails to renew any agreement, or who in violation
of this section causes a beer wholesaler to resign from an agreement or
denies or withholds consent to any assignment, transfer or sale of a
beer wholesaler’s business assets or capital stock or other equity or
debt securities, shall pay the affected beer wholesaler the fair market
value of the beer wholesaler’s business, including distribution rights,
which have been lost or diminished as the result of the brewer’s
actions.
(c) In the event that the brewer and the beer wholesaler are unable to
agree on the compensation to be paid for the value of the beer
wholesaler’s business and assets, the matter may with the consent of
both the brewer and the beer wholesaler, be submitted to a neutral
arbitrator to be selected by the parties; if they cannot agree on such
an arbitrator, the same shall be selected by a judge of a court of
competent jurisdiction. No brewer or beer wholesaler may impose binding
arbitration of any issue as a term or condition of an agreement.
Arbitration costs shall be equally divided by the beer wholesaler and
the brewer. The award of the arbitrator shall be confirmed by a court of
competent jurisdiction in this state, the judgment of which shall be
binding.
8. Sale and transfer of beer wholesaler’s business. No brewer shall
unreasonably withhold or delay its approval of any assignment, sale or
transfer of all or any portion of beer wholesaler’s corporate equity or
debt or assets, including the beer wholesaler’s rights and obligations
under the terms of an agreement, whenever the person or persons to be
substituted meet objectively reasonable standards imposed by the brewer.
A wholesaler who sells, assigns or transfers an agreement made pursuant
to this section shall provide written notice of such sale, assignment or
transfer to all other brewers with whom it has entered agreements.
9. (a) A brewer qualified to do business in the state of New York may
hold an interest in a limited partnership licensed by the authority as a
wholesaler, when the brewer or its affiliate is a limited partner and
the beer wholesaler is the general partner. Notwithstanding any other
provision of law, such brewer may loan money to a general partner of an
aforementioned limited partnership. Provided, however, any brewer or its
affiliate who holds an interest in a limited partnership licensed by the
authority as a wholesaler or who loans money to a general partner of
such limited partnership may only exercise such control of the business
as permitted by section 121-303 of the partnership law.
(b) Notwithstanding subdivision (a) of this subdivision, no brewer or
its affiliate may acquire or hold an interest in or loan money to a
general partner of a multiple brands wholesaler unless and until all
other brewers having agreements with said multiple brands wholesaler
have been afforded sixty days prior written notice of the particular
terms and conditions of the limited partnership or loan agreement or of
any change therein. A “loan” for purposes of this subdivision shall not
include bona fide credit terms for product purchases customarily
extended by a brewer to wholesalers in the normal course of business.
(c) For one hundred twenty days after the formation, licensing and
commencement of operations as a beer wholesaler of a limited partnership
or the making of a loan, and upon at least fifteen days prior
notification as required by subdivision five of this section, a brewer
may terminate an agreement with a multiple brands wholesaler in the
event: (i) a competing brewer or its affiliate becomes a limited partner
with or loans money to a general partner of a multiple brands
wholesaler, (ii) by reason of said loan, the performance of a loan
agreement, or the terms or conduct of the limited partnership, there is
a reasonable likelihood that competition between brands of the competing
brewers has been or may be significantly reduced in a relevant
geographic area or market, and (iii) in lieu of other rights and
remedies it might have under this chapter to terminate for good cause,
the terminating brewer pays compensation to the multiple brands
wholesaler.
10. Coverage. (a) This section shall not apply to written agreements
that were in effect prior to the effective date of this section which
set forth all terms and conditions of material significance governing
the relationship between the brewer and beer wholesaler, including but
not limited to the grounds and procedures which govern: (i) termination
of the relationship; (ii) approval and disapproval of managers; (iii)
change in ownership; and (iv) whether or not the wholesaler is entitled
to compensation in the event the wholesaler is terminated for deficient
performance under such agreement or without good cause. Provided,
however, that this section shall apply to any agreement entered into,
and renewals, extensions, amendments or conduct constituting a material
modification of an agreement on or after the effective date of this
section.
(b) Where an agreement between a brewer and beer wholesaler in effect
prior to the effective date of this section is continuous in nature or
has no specific duration or has no renewal provision and fails to set
forth all terms and conditions of material significance governing the
relationship between the brewer and beer wholesaler, including but not
limited to the grounds and procedures which govern: (i) termination of
the relationship; (ii) approval and disapproval of managers; (iii)
change in ownership; and (iv) whether or not the wholesaler is entitled
to compensation in the event the wholesaler is terminated for deficient
performance under such agreement or without good cause; such agreement
shall be considered for purposes of this section to have been renewed
sixty days after the effective date of this section.
11. The requirements of this section may not be altered, waived or
modified by written or oral agreement in advance of a bona fide case and
controversy arising under a written agreement complying with this
section.

S 56.License fees.. The annual fee for a license to manufacture
beer shall be:
(a) four thousand dollars for a brewer’s license, unless the annual
production of the brewer is less than sixty thousand barrels per year,
in which case the annual fee shall be three hundred twenty dollars;
(b) three hundred twenty dollars for a farm brewery license.
2. The annual fee for a wholesaler’s beer license shall be eight
hundred dollars.
3. The annual fee for a vendor’s license shall be one hundred
forty-four dollars.
4. The annual fee for a license to sell beer at retail not to be
consumed on the premises where sold shall be one hundred ten dollars.
Where, however, the applicant is the holder of two such licenses, the
annual fee for each additional license thereafter issued to such
licensee shall be double the amount hereinabove set forth.
5. The annual fee for a license to sell beer at retail to be consumed
on the premises where sold shall be three hundred twenty dollars in
cities having a population of one hundred thousand or over, and one
hundred sixty dollars elsewhere; provided, however, that where the
premises to be licensed remain open only within the period commencing
April first and ending October thirty-first of any one year or only
within the period commencing October first and ending the following
April thirtieth, the liquor authority, in its discretion, may grant a
summer or winter license effective only for such appropriate period of
time, for which an annual fee of one hundred sixty dollars shall be paid
where the premises are located in cities having a population of one
hundred thousand or over, and eighty dollars where such premises are
located elsewhere.
6. The annual fee for selling beer upon any railroad car to be
consumed on such car or any car connected therewith shall be ninety-six
dollars for each railroad car licensed.
7. The annual fee for selling beer upon any vessel in this state,
other than one regularly and exclusively engaged in the business of
carrying passengers for hire, by charter or otherwise, for fishing
purposes, to be consumed on such vessel, shall be one hundred sixty
dollars for each vessel licensed. The annual fee for selling beer upon a
vessel regularly and exclusively engaged in the business of carrying
passengers for hire, by charter or otherwise, for fishing purposes, to
be consumed on such vessel, shall be forty dollars for each vessel
licensed. The annual fee for selling beer for off-premise consumption
upon a vessel regularly and exclusively engaged, as a duly licensed
supply ship, in furnishing supplies to other vessels, shall be eighty
dollars.
8. The annual fee for selling beer at any baseball park, race track or
outdoor athletic field or stadium, to be consumed in any such baseball
park, race track, or outdoor athletic field or stadium, shall be one
hundred ninety-two dollars.
9. The annual fee for a license to sell beer and wine products at
retail not to be consumed on the premises where sold shall be one
hundred ninety-eight dollars.
10. The annual fee for a license to sell beer and wine products at
retail not to be consumed on the premises where sold, when the applicant
is the holder of two such licenses, the annual fee for each additional
license thereafter issued to such licensee shall be three hundred
fifty-two dollars.

* S 56-a.Filing fees and refunds. 1. In addition to the annual fees
provided for in this chapter, there shall be paid to the authority with
each initial application for a license filed pursuant to section
fifty-one, fifty-one-a, fifty-three, fifty-eight, sixty-one, sixty-two,
seventy-six or seventy-eight of this chapter, a filing fee of four
hundred dollars; with each initial application for a license filed
pursuant to section sixty-three, sixty-four, sixty-four-a or
sixty-four-b of this chapter, a filing fee of two hundred dollars; with
each initial application for a license filed pursuant to section
fifty-three-a, fifty-four, fifty-five, fifty-five-a, seventy-nine,
eighty-one or eighty-one-a of this chapter, a filing fee of one hundred
dollars; with each initial application for a permit filed pursuant to
section ninety-one, ninety-one-a, ninety-two, ninety-two-a,
ninety-three, ninety-three-a, if such permit is to be issued on a
calendar year basis, ninety-four, ninety-five, ninety-six or
ninety-six-a, or pursuant to paragraph b, c, e or j of subdivision one
of section ninety-nine-b of this chapter if such permit is to be issued
on a calendar year basis, or for an additional bar pursuant to
subdivision four of section one hundred of this chapter, a filing fee of
twenty dollars; and with each application for a permit under section
ninety-three-a of this chapter, other than a permit to be issued on a
calendar year basis, section ninety-seven, ninety-eight, ninety-nine, or
ninety-nine-b of this chapter, other than a permit to be issued pursuant
to paragraph b, c, e or j of subdivision one of section ninety-nine-b of
this chapter on a calendar year basis, a filing fee of ten dollars.
2. In addition to the annual fees provided for in this chapter, there
shall be paid to the authority with each renewal application for a
license filed pursuant to section fifty-one, fifty-one-a, fifty-three,
fifty-eight, sixty-one, sixty-two, seventy-six or seventy-eight of this
chapter, a filing fee of one hundred dollars; with each renewal
application for a license filed pursuant to section sixty-three,
sixty-four, sixty-four-a or sixty-four-b of this chapter, a filing fee
of ninety dollars; with each renewal application for a license filed
pursuant to section seventy-nine, eighty-one or eighty-one-a of this
chapter, a filing fee of twenty-five dollars; and with each renewal
application for a license or permit filed pursuant to section
fifty-three-a, fifty-four, fifty-five, fifty-five-a, ninety-one,
ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, if
such permit is issued on a calendar year basis, ninety-four,
ninety-five, ninety-six or ninety-six-a of this chapter or pursuant to
subdivisions b, c, e or j of section ninety-nine-b, if such permit is
issued on a calendar year basis, or with each renewal application for an
additional bar pursuant to subdivision four of section one hundred of
this chapter, a filing fee of thirty dollars.
3. If the authority shall deny an application filed pursuant to this
chapter it shall return the annual fee to the applicant and retain the
filing fee.
* NB Effective until May 13, 2017
* S 56-a. Filing fees and refunds. 1. In addition to the annual fees
provided for in this chapter, there shall be paid to the authority with
each initial application for a license filed pursuant to section
fifty-one, fifty-one-a, fifty-two, fifty-three, fifty-eight,
fifty-eight-c, fifty-eight-d, sixty-one, sixty-two, seventy-six,
seventy-seven or seventy-eight of this chapter, a filing fee of four
hundred dollars; with each initial application for a license filed
pursuant to section sixty-three, sixty-four, sixty-four-a or
sixty-four-b of this chapter, a filing fee of two hundred dollars; with
each initial application for a license filed pursuant to section
fifty-three-a, fifty-four, fifty-five, fifty-five-a, seventy-nine,
eighty-one or eighty-one-a of this chapter, a filing fee of one hundred
dollars; with each initial application for a permit filed pursuant to
section ninety-one, ninety-one-a, ninety-two, ninety-two-a,
ninety-three, ninety-three-a, if such permit is to be issued on a
calendar year basis, ninety-four, ninety-five, ninety-six or
ninety-six-a, or pursuant to paragraph b, c, e or j of subdivision one
of section ninety-nine-b of this chapter if such permit is to be issued
on a calendar year basis, or for an additional bar pursuant to
subdivision four of section one hundred of this chapter, a filing fee of
twenty dollars; and with each application for a permit under section
ninety-three-a of this chapter, other than a permit to be issued on a
calendar year basis, section ninety-seven, ninety-eight, ninety-nine, or
ninety-nine-b of this chapter, other than a permit to be issued pursuant
to paragraph b, c, e or j of subdivision one of section ninety-nine-b of
this chapter on a calendar year basis, a filing fee of ten dollars.
2. In addition to the annual fees provided for in this chapter, there
shall be paid to the authority with each renewal application for a
license filed pursuant to section fifty-one, fifty-one-a, fifty-two,
fifty-three, fifty-eight, fifty-eight-c, fifty-eight-d, sixty-one,
sixty-two, seventy-six, seventy-seven or seventy-eight of this chapter,
a filing fee of one hundred dollars; with each renewal application for a
license filed pursuant to section sixty-three, sixty-four, sixty-four-a
or sixty-four-b of this chapter, a filing fee of ninety dollars; with
each renewal application for a license filed pursuant to section
seventy-nine, eighty-one or eighty-one-a of this chapter, a filing fee
of twenty-five dollars; and with each renewal application for a license
or permit filed pursuant to section fifty-three-a, fifty-four,
fifty-five, fifty-five-a, ninety-one, ninety-one-a, ninety-two,
ninety-two-a, ninety-three, ninety-three-a, if such permit is issued on
a calendar year basis, ninety-four, ninety-five, ninety-six or
ninety-six-a of this chapter or pursuant to paragraph b, c, e or j of
subdivision one of section ninety-nine-b, if such permit is issued on a
calendar year basis, or with each renewal application for an additional
bar pursuant to subdivision four of section one hundred of this chapter,
a filing fee of thirty dollars.
3. If the authority shall deny an application filed pursuant to this
chapter it shall return the annual fee to the applicant and retain the
filing fee.
* NB Effective May 13, 2017

S 57.License fees; when due and payable; fee for part of year. 1.
(a) Except as otherwise provided pursuant to section fifty-seven-a, each
license issued pursuant to this article other than the one specified in
paragraph (b) of this subdivision shall be effective for a license year
expiring on the thirtieth day of June following the date of its issuance
and the license fee prescribed therefor shall be the license fee due and
payable therefor and shall be paid in advance at the time of the
application as provided for in this article.
(b) Each license issued pursuant to section fifty-five-a of this
article shall be effective for a license year expiring on the
thirty-first day of March following the date of its issuance and the
license fee prescribed therefor shall be the license fee due and payable
therefor and shall be paid in advance of the time of the application as
provided for in this article.
2. When application for any license under this article is made after
the commencement of the license year hereinbefore provided the license
fee therefor shall, for the balance of the license year, be in
proportion as the remainder of such year shall bear to the whole year,
except that it shall in no case be for less than one-half of such year.

S 57-a.Change in duration of licenses. The liquor authority is
authorized to change the periods during which the licenses authorized by
sections fifty-three-a, fifty-four, fifty-five and fifty-five-a shall be
effective and to establish the commencement dates, duration and
expiration dates thereof, provided that no such license shall be
effective for a period in excess of three years. When any change or
changes are made in the duration of any such license, the license fee
shall be equal to the annual license fee specified in this article
multiplied by the number of years for which such license is issued. The
liquor authority may make such rules as shall be appropriate to carry out the purpose of this section.

ARTICLE 4-A -Special Provisions Relating to Cider

S 58. Cider producers` or wholesalers` license. 1. Any person may
apply to the liquor authority for a cider producers’ or wholesalers’
license as provided for in this subdivision. Such application shall be
in writing and shall contain such information as the liquor authority
shall require. Such application shall be accompanied by a check or draft
for the amount required by this subdivision for such license. If the
liquor authority shall grant the application it shall issue a license in
such form as shall be determined by its rules. A license issued under
this subdivision shall authorize the licensee to manufacture cider
within the licensed premises in this state for sale in bottles, barrels
or casks to beer, wine and liquor retail licensee and/or to sell cider
at wholesale from the licensed premises to such licensees and to holders
of licenses under this section in bottles, barrels or casks and to sell
and deliver cider to persons outside the state pursuant to the laws of
the place of such sale or delivery. The annual fee for such a license
shall be one hundred twenty-five dollars; provided, however, that the
annual fee for a farm cidery license shall be seventy-five dollars. The
provisions contained in section sixty-seven of this chapter shall apply
to all licenses issued pursuant to this article.
2. (a) Any person licensed pursuant to subdivision one of this section
may conduct cider tastings of New York state labelled ciders in
establishments licensed pursuant to section sixty-three of this chapter
to sell alcoholic beverages for off-premises consumption. Such cider
producer or wholesaler may charge a fee of not more than twenty-five
cents for each cider sample tasted. The liquor authority shall
promulgate rules and regulations relating to the conduct of such
tastings.
(b) Any person licensed pursuant to subdivision one of this section
may conduct cider tastings of New York state labelled ciders and apply
to the liquor authority for a permit to sell cider produced by such
cider producer or wholesaler, by the bottle, during such tastings in
establishments licensed pursuant to section sixty-four of this chapter
to sell alcoholic beverages for consumption on the premises. Such cider
producer or wholesaler may charge a fee of not more than twenty-five
cents for each cider sample tasted. The liquor authority shall
promulgate rules and regulations relating to the conduct of tastings.
(c) Cider tastings shall be conducted subject to the following
limitations:
(i) cider tastings shall be conducted by an official agent,
representative or solicitor of one or more cider producers or
wholesalers. Such agent, representative or solicitor shall be physically
present at all times during the conduct of the tastings; and
(ii) any liability stemming from a right of action resulting from a
cider tasting as authorized pursuant to this subdivision and in
accordance with the provisions of sections 11-100 and 11-101 of the
general obligations law, shall accrue to the cider producer or
wholesaler licensee.
3. Notwithstanding any provision of this chapter to the contrary, a
licensed cider wholesaler may apply to the liquor authority for a permit
to sell New York state labelled cider by the bottle and conduct cider
tastings at the state fair, at recognized county fairs and at farmers
markets operated on a not-for-profit basis. As a condition of such
permit, an agent, representative or solicitor from the cider wholesaler
shall be present at the time of sale or tastings.
3-a. A licensed cider producer producing New York state labelled cider
may:
(a) sell such cider to licensed farm distillers, farm wineries, farm
cideries and farm breweries. All such cider sold by the licensee shall
be securely sealed and have attached thereto a label as shall be
required by section one hundred seven-a of this chapter;
(b) conduct tastings at the licensed premises of such cider;
(c) sell such cider at retail for consumption off the premises at the
state fair, at recognized county fairs and at farmers markets operated
on a not-for-profit basis;
(d) sell and conduct tastings of such cider at retail for consumption
on the premises of a restaurant, conference center, inn, bed and
breakfast or hotel business owned and operated by the licensee in or
adjacent to its farm cidery. A licensee who operates a restaurant,
conference center, inn, bed and breakfast or hotel pursuant to such
authority shall comply with all applicable provisions of this chapter
which relate to licenses to sell cider at retail for consumption on the
premises;
(e) apply for a permit to conduct tastings away from the licensed
premises of such cider. Such permit shall be valid throughout the state
and may be issued on an annual basis or for individual events. Each such
permit and the exercise of the privilege granted thereby shall be
subject to such rules and conditions of the authority as it deems
necessary. Tastings shall be conducted subject to the following
conditions:
(i) tastings shall be conducted by an official agent, representative
or solicitor of the licensee. Such agent, representative or solicitor
shall be physically present at all times during the conduct of the
tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of cider as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the licensee.
(f) if it holds a tasting permit issued pursuant to paragraph (e) of
this subdivision, apply to the authority for a permit to sell such
cider, for consumption off the premises, during such tastings in
premises licensed under sections sixty-four, sixty-four-a, eighty-one
and eighty-one-a of this chapter. Each such permit and the exercise of
the privilege granted thereby shall be subject to such rules and
conditions of the authority as it deems necessary.
4. Notwithstanding any provision of this chapter to the contrary, any
one or more cider producer or wholesaler licensee, singly or jointly,
may apply to the liquor authority for a license or licenses to sell
cider at retail for consumption off the premises. The duration of such
license shall be coextensive with the duration of such licensee’s cider
producer or wholesaler license, and the fee therefor shall be six
hundred forty dollars if such retail premises is located in cities
having a population of one million or more; in cities having less than
one million population and more than one hundred thousand, three hundred
twenty dollars; and elsewhere, the sum of one hundred sixty dollars.
Such license shall entitle the holder thereof to sell at retail for
consumption off the premises any New York state labelled cider. Such
license shall also entitle the holder thereof to conduct cider tastings
on such licensed premises and charge for such tastings. Not more than
five such licenses shall be issued to any licensed cider producer or
wholesaler. All other provisions of this chapter relative to licenses to
sell cider at retail for consumption off the premises shall apply so far
as applicable to such application. The liquor authority is hereby
authorized to adopt such rules as it may deem necessary to carry out the
purpose of this subdivision, provided that all licenses issued pursuant
to this subdivision shall be subject to the same rules and regulations
as are applicable to the sale of cider at retail for consumption off the
premises of the cider producer or wholesaler licensee.
5. A cider producer shall manufacture at least fifty gallons of cider
annually.

S 58-a. Sale of cider by wholesale beer licensees. A wholesale beer
licensee, as defined under this chapter shall, upon the payment of an
additional annual license fee of one hundred twenty-five dollars, be
permitted to sell cider as defined under this chapter at wholesale from
duly licensed premises, to duly licensed beer, wine and liquor retailers
and to other holders of licenses under this chapter, in bottles, barrels
or casks, and to sell and deliver cider to persons outside the state
pursuant to the laws of the place of such delivery. The provisions of
section fifty-seven shall apply to licenses issued hereunder to sell
cider at wholesale pursuant to the provisions of this section.

S 58-b. Retail sale of cider by wholesale licensees. 1.
Notwithstanding any other law upon payment to the liquor authority of an
additional annual fee of one hundred twenty-five dollars, the liquor
authority may in its discretion and upon such terms and conditions as it
may prescribe, issue to a licensed cider producer upon application
therefor a certificate authorizing such producer to sell cider at retail
in sealed containers to a householder for consumption in his home, but
no sale to such householder shall be in quantities aggregating more than
fifteen gallons. Revenues received by any such licensed cider producer
from the sale of cider at retail to householders under such a
certificate during the term thereof shall not exceed five per centum of
all the revenues derived by such licensee from the sale of apples and
cider during such term.
2. No retail licensee of cider authorized by this section shall keep
or permit to be kept upon the licensed premises, any cider in any
unsealed bottle or other unsealed container, except for the purpose of
cider tasting or sampling by any person pursuant to authorization to
conduct such a sampling or tasting pursuant to subdivision two of
section fifty-eight of this article, except to those persons to whom
sales are prohibited in section sixty-five of this chapter.

S 58-c. Farm cidery license. 1. Any person may apply to the
for a farm cidery license as provided for in this section to produce
cider within this state for sale. Such application shall be in writing
and verified and shall contain such information as the authority shall
require. Such application shall be accompanied by a check or draft for
the amount required by this article for such license. If the authority
grants the application, it shall issue a license in such form as shall
be determined by its rules. Such license shall contain a description of
the licensed premises and in form and in substance shall be a license to
the person therein specifically designated to produce cider in the
premises therein specifically licensed.
2. A farm cidery license shall authorize the holder thereof to operate
a cidery for the manufacture of New York state labelled cider. Such a
license shall also authorize the licensee to:
(a) sell in bulk cider manufactured by the licensee to any person
licensed to manufacture alcoholic beverages in this state or to a
permittee engaged in the manufacture of products which are unfit for
beverage use;
(b) sell or deliver cider manufactured by the licensee to persons
outside the state pursuant to the laws of the place of such delivery;
(c) sell cider manufactured by the licensee to wholesalers and
retailers licensed in this state to sell such cider, licensed farm
distillers, licensed farm wineries, licensed farm breweries and any
other licensed farm cidery. All such cider sold by the licensee shall be
securely sealed and have attached thereto a label as shall be required
by section one hundred seven-a of this chapter;
(d) sell at the licensed premises cider manufactured by the licensee
or any other licensed farm cidery at retail for consumption on or off
the licensed premises;
(e) conduct tastings at the licensed premises of cider manufactured by
the licensee or any other licensed farm cidery;
(f) sell and conduct tastings of cider manufactured by the licensee or
any other licensed farm cidery at retail for consumption on the premises
of a restaurant, conference center, inn, bed and breakfast or hotel
business owned and operated by the licensee in or adjacent to its farm
cidery. A licensee who operates a restaurant, conference center, inn,
bed and breakfast or hotel pursuant to such authority shall comply with
all applicable provisions of this chapter which relate to licenses to
sell cider at retail for consumption on the premises;
(g) sell cider manufactured by the licensee or any other licensed farm
cidery at retail for consumption off the premises, at the state fair, at
recognized county fairs and at farmers markets operated on a
not-for-profit basis;
(h) conduct tastings of and sell at retail for consumption off the
premises New York state labeled beer manufactured by a licensed brewery
or licensed farm brewery;
(i) conduct tastings of and sell at retail for consumption off the
premises New York state labelled wine manufactured by a licensed winery
or licensed farm winery;
(j) conduct tastings of and sell at retail for consumption off the
premises New York state labelled liquor manufactured by a licensed
distiller or licensed farm distiller; provided, however, that no
consumer may be provided, directly or indirectly: (i) with more than
three samples of liquor for tasting in one calendar day; or (ii) with a
sample of liquor for tasting equal to more than one-quarter fluid ounce;
and
(k) engage in any other business on the licensed premises subject to
such rules and regulations as the authority may prescribe. Such rules
and regulations shall determine which businesses will be compatible with
the policy and purposes of this chapter and shall consider the effect of
particular businesses on the community and area in the vicinity of the
farm cidery licensee.
3. (a) A farm cidery licensee may apply for a permit to conduct
tastings away from the licensed premises of cider produced by the
licensee. Such permit shall be valid throughout the state and may be
issued on an annual basis or for individual events. Each such permit and
the exercise of the privilege granted thereby shall be subject to such
rules and conditions of the authority as it deems necessary.
(b) Tastings shall be conducted subject to the following limitations:
(i) tastings shall be conducted by an official agent, representative
or solicitor of one or more farm cideries. Such agent, representative or
solicitor shall be physically present at all times during the conduct of
the tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of cider as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the farm cidery.
4. A licensed farm cidery holding a tasting permit issued pursuant to
subdivision three of this section may apply to the authority for a
permit to sell cider produced by such farm cidery, by the bottle, during
such tastings in premises licensed under sections sixty-four,
sixty-four-a, eighty-one and eighty-one-a of this chapter. Each such
permit and the exercise of the privilege granted thereby shall be
subject to such rules and conditions of the authority as it deems
necessary.
5. A licensed farm cidery may, under such rules as may be adopted by
the authority, sell cider manufactured by the licensee or any other
licensed farm cidery at retail in bulk by the keg, cask or barrel for
consumption and not for resale at a clam-bake, barbeque, picnic, outing
or other similar outdoor gathering at which more than fifty persons are
assembled.
6. A licensed farm cidery may apply to the authority for a license to
sell beer, liquor and/or wine at retail for consumption on the premises
in a restaurant owned by him and conducted and operated by the licensee
in or adjacent to its farm cidery. All of the provisions of this chapter
relative to licenses to sell beer, liquor or wine at retail or
consumption on the premises shall apply so far as applicable.
7. A farm cidery license shall authorize the holder thereof to
manufacture, bottle and sell food condiments and products such as
mustards, sauces, jams, jellies, mulling spices and other cider related
foods in addition to other such food and crafts on and from the licensed
premises. Such license shall authorize the holder thereof to store and
sell gift items in a tax-paid room upon the licensed premises incidental
to the sale of cider. These gift items shall be limited to the following
categories:
(a) non-alcoholic beverages for consumption on or off premises,
including but not limited to bottled water, juice and soda beverages;
(b) food items for the purpose of complementing cider tastings, which
shall mean a diversified selection of food that is ordinarily consumed
without the use of tableware and can be conveniently consumed while
standing or walking. Such food items shall include but not be limited
to: cheeses, fruits, vegetables, chocolates, breads, mustards and
crackers;
(c) food items, which shall include locally produced farm products and
any food or food product not specifically prepared for immediate
consumption upon the premises. Such food items may be combined into a
package containing cider related products;
(d) cider supplies and accessories, which shall include any item
utilized for the storage, serving or consumption of cider or for
decorative purposes. These supplies may be sold as single items or may
be combined into a package containing cider;
(e) cider-making equipment and supplies including, but not limited to,
home cider-making kits, filters, bottling equipment, and books or other
written material to assist cider-makers and home cider-makers to produce
and bottle cider;
(f) souvenir items, which shall include, but not be limited to
artwork, crafts, clothing, agricultural products and any other articles
which can be construed to propagate tourism within the region.
8. Notwithstanding any provision of this chapter to the contrary, any
farm cidery licensee may charge for tours of its premises.
9. The holder of a license issued under this section may operate up to
five branch offices located away from the licensed farm cidery. Such
locations shall be considered part of the licensed premises and all
activities allowed at and limited to the farm cidery may be conducted at
the branch offices. Such branch offices shall not be located within,
share a common entrance and exit with, or have any interior access to
any other business, including premises licensed to sell alcoholic
beverages at retail. Prior to commencing operation of any such branch
office, the licensee shall notify the authority of the location of such
branch office and the authority may issue a permit for the operation of
same.
10. No farm cidery shall manufacture in excess of one hundred fifty
thousand gallons of cider annually.
11. (a) Except as provided in paragraph (b) of this subdivision, no
licensed farm cidery shall manufacture or sell any cider other than New
York state labelled cider.
(b) In the event that the commissioner of agriculture and markets,
after investigating and compiling information pursuant to subdivision
forty-two of section sixteen of the agriculture and markets law,
determines that a natural disaster, act of God, or continued adverse
weather condition has destroyed much of the apple crop necessary for
producing cider, such commissioner, in consultation with the chairman of
the authority, may give authorization to a duly licensed farm cidery to
manufacture or sell cider produced from apples grown outside this state.
No such authorization shall be granted to a farm cidery licensee unless
such licensee certifies to such commissioner the quantity of New York
grown apples unavailable to such licensee due to such natural disaster,
act of God or continuing adverse weather condition and satisfies such
commissioner that reasonable efforts were made to obtain apples from a
New York state source for such cider making purpose. No farm cidery
shall utilize an amount of out-of-state grown apples exceeding the
amount of New York grown apples that such cidery is unable to obtain due
to the destruction of New York grown apples by a natural disaster, act
of God or continuing adverse weather condition as determined by the
commissioner of agriculture and markets pursuant to this subdivision.
For purposes of this subdivision, the department of agriculture and
markets and the authority are authorized to adopt rules and regulations
as they may deem necessary to carry out the provisions of this
subdivision which shall include ensuring that in manufacturing cider
farm cideries utilize apples grown in New York state to the extent they
are reasonably available, prior to utilizing apples from an out-of-state
source for such purpose.
(c) The commissioner of agriculture and markets shall make available
to farm cideries and to the public each specific apple loss
determination issued pursuant to paragraph (b) of this subdivision on or
after August twentieth of each year.
(d) In the event that the continuing effects of a natural disaster,
act of God, or adverse weather condition which occurred prior to August
twentieth of each year or the effects of a natural disaster, act of God,
or adverse weather condition which occurs subsequent to August twentieth
of each year results in any apple crop loss which meets the standards
provided in paragraph (b) of this subdivision, the commissioner of
agriculture and markets, in consultation with the chairman of the
authority, may issue additional apple crop loss determinations and shall
expeditiously make available to farm cideries and to the public the loss
determination issued pursuant to this paragraph prior to October tenth
of each year.
12. Notwithstanding any contrary provision of law or of any rule or
regulation promulgated pursuant thereto, and in addition to the
activities which may otherwise be carried out by any person licensed
under this section, such person may, on the premises designated in such
license:
(a) produce, package, bottle, sell and deliver soft drinks and other
non-alcoholic beverages, vitamins, and other by-products;
(b) recover carbon dioxide and yeast;
(c) store bottles, packages and supplies necessary or incidental to
all such operations;
(d) package, bottle, sell and deliver wine products;
(e) allow for the premises including space and equipment to be rented
by a licensed tenant cider producer for the purposes of alternation.
13. Notwithstanding any other provision of this chapter, the authority
may issue a farm cidery license to the holder of a farm brewery, farm
winery or farm distiller’s license for use at such licensee’s existing
licensed premises. The holder of a farm brewery, farm winery or farm
distiller’s license that simultaneously holds a farm cidery license on
an adjacent premises may share and use the same tasting room facilities
to conduct any tastings that such licensee is otherwise authorized to
conduct.
14. The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this section. In prescribing
such rules and regulations, the authority shall promote the expansion
and profitability of cider production and of tourism in New York,
thereby promoting the conservation, production and enhancement of New
York state agricultural lands.

*S 58-d. Custom cidermakers’ center. 1. Any person may apply to the
authority on or before December thirty-first, two thousand nineteen for
a custom cidermakers’ center license as provided for in this section to
operate a custom cidermakers’ center facility and provide individuals
with rental space, the use of equipment and storage facilities, and/or
fruit for the production of cider by such individuals for personal
household use and not for resale in accordance with state and federal
laws, rules, and regulations authorizing such production. Such
application shall be in writing and verified and shall contain such
information as the authority shall require, provided, however, the
holder of such a license under this section may renew such license on or
after December thirty-first, two thousand nineteen. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. If the authority grants the application, it
shall issue a license in such form as shall be determined by its rules.
Such license shall contain a description of the licensed premises and in
form and in substance shall be a license to the person therein
specifically designated to operate such center to manufacture cider for
personal household use in the premises therein specifically licensed.
2. For the purposes of this section, “fruit” shall mean fresh, whole
apples or other pome fruits that are grown or produced in the state of
New York.
3. A custom cidermakers’ center license shall authorize the holder
thereof to operate a facility for individuals to rent space, equipment,
and storage facilities and, if necessary, to purchase fruit to
manufacture cider for personal household use provided that the
manufacture and production of cider for personal household consumption
and use is done in accordance with state and federal laws and
regulations. Such a license shall also authorize the licensee, provided
such activities are permitted by the federal Alcohol and Tobacco Tax and
Trade Bureau for the manufacture of tax exempt cider for personal
household use, to:
(a) conduct training classes on how to manufacture cider; and
(b) conduct cider tastings for those individuals taking such classes
and/or using such facility for the production of cider at the licensed
facility provided that the tastings shall be subject to the following
limitations:
(i) tastings shall be conducted by the licensee or by an official
agent of the licensee. Such licensee or agent shall be physically
present at all times during the conduct of the tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of cider as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to such center.
4. The custom cidermakers’ center licensee shall be subject to the
supervision of the authority to ensure that the licensee and the
individuals utilizing such center are in compliance with the provisions
of this chapter, state laws, rules, and regulations, and the laws,
rules, and regulations of the federal Alcohol and Tobacco Tax and Trade
Bureau.
5. The licensee or an official agent of the licensee shall be
physically present at all times during the facility’s hours of
operations.
6. The annual aggregate production of cider at any such center for all
individuals making cider at such premises, pursuant to a custom
cidermakers’ center license, shall not exceed the production limits set
forth by the authority that are commensurate with a non-commercial
production facility. Provided that such aggregate production limit shall
not be offset by cider produced at such facility under a cidery license
or farm cidery license.
7. Notwithstanding any other provision of this chapter, the authority
may issue a custom cidermakers’ center license to the holder of a farm
cidery or cidery license or farm winery or winery license for use at
such licensee’s existing licensed premises.
8. The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this section.
9. The licensee must maintain a record of the name, address, and
contact information of the individuals that have used such facility and
the annual amount of cider produced by each individual at the facility
pursuant to the rules of the authority.
10. The annual fee for a license to operate a custom cidermakers’
center shall be three hundred twenty dollars.
* NB Effective May 13, 2017

S 59. Authorization for sale of cider by retail licensees. Each
retail licensee under this chapter shall have the right, by virtue of
his license and without being required to pay any additional fee for the
privilege, to sell at retail for consumption on or off the premises, as
the case may be, cider purchased from a person licensed to produce or
sell cider at wholesale under this chapter.

S 59-a. Cider tasting. Any person holding a retail license under this
chapter shall be permitted to conduct consumer tastings of cider upon
such person’s licensed premises. All such tastings shall be subject to
the following limitations:
(a) Tastings of cider shall be conducted by the licensee or an
authorized agent of the licensee. Provided, however, a licensed beer or
cider wholesaler shall not serve as the authorized agent for another
entity, nor shall a licensed beer or cider wholesaler be involved in any
manner with a cider tasting conducted by another entity.
(b) No more than three samples of cider may be provided to a person in
one calendar day.
(c) No sample may exceed three fluid ounces.
(d) No tasting shall be held during the hours prohibited by the
provisions of section one hundred five and one hundred five-a of this
chapter.
(e) Any liability stemming from a right of action resulting from a
tasting authorized by this section and in accordance with the provisions
of sections 11-100 and 11-101 of the general obligations law shall
accrue to the licensee.
(f) No person under the age of twenty-one shall be permitted to serve
a sample or handle an open container of cider.

ARTICLE 5 – Special Provisions Relating to Liquor

S 60. Kinds of licenses. The following kinds of licenses may be issued
for the manufacture and sale of liquor, alcohol and spirits, to wit:
1. Distiller’s license, class A.
1-a. Distiller’s license, class A-1.
2. Distiller’s license, class B.
2-a. Distiller’s license, class C.
2-b. Distiller’s license, class B-1.
2-c. Distiller’s license, class D.
3. Wholesaler’s license.
4. Seven day license to sell liquor at retail for consumption off the
premises subject to paragraph (a) of subdivision fourteen of section one
hundred five of this chapter.
5. License to sell liquor at retail for consumption on the premises.
6. Special license to sell liquor at retail for consumption on the
premises.

S 61. Distiller’s licenses. 1. A class A distiller’s license shall
authorize the holder thereof to operate a distillery for the manufacture
of liquors by distillation or redistillation at the premises
specifically designated in the license. Such a license shall also
authorize the sale in bulk by such licensee from the licensed premises
of the products manufactured under such license to any person holding a
distiller’s class A license, a distiller’s class B license or a
permittee engaged in the manufacture of products which are unfit for
beverage use. It shall also authorize the sale from the licensed
premises and from one other location in the state of New York of any
liquor whether or not manufactured by such licensee to a wholesale or
retail liquor licensee or permittee in sealed containers of not more
than one quart each. Such license shall also authorize the sale of New
York state labelled liquor to licensed farm wineries, farm cideries,
farm distilleries and farm breweries in sealed containers of not more
than one quart each. Such license shall also include the privilege to
operate a rectifying plant under the same terms and conditions as the
holder of a class B distiller’s license without the payment of any
additional fee.
1-a. A class A-1 distiller’s license shall authorize the holder
thereof to operate a distillery which has a production capacity of no
more than seventy-five thousand gallons per year for the manufacture of
liquors by distillation or redistillation at the premises specifically
designated in the license. Such a license shall also authorize the sale
in bulk by such licensee from the licensed premises of the products
manufactured under such license to any person holding a winery license,
farm winery license, distiller’s class A license, a distiller’s class B
license or a permittee engaged in the manufacture of products which are
unfit for beverage use. It shall also authorize the sale from the
licensed premises and from one other location in the state of New York
of liquors manufactured by such licensee to a wholesale or retail liquor
licensee or permittee in sealed containers of not more than one quart
each. In addition, it shall authorize such licensee to sell from the
licensed premises New York state labelled liquors to licensed farm
wineries, farm breweries, farm distilleries and farm cideries in sealed
containers of not more than one quart for retail sale for off-premises
consumption. Such license shall also include the privilege to operate a
rectifying plant under the same terms and conditions as the holder of a
class B-1 distiller’s license without the payment of any additional fee.
2. A class B distiller’s license shall authorize the holder thereof to
operate a rectifying plant for the manufacture of the products of
rectification by purifying or combining alcohol, spirits, wine or beer
and the manufacture of gin and cordials by the redistillation of alcohol
or spirits over or with any materials. Such a license shall also
authorize the holder thereof to blend, reduce proof and bottle on his
licensed premises or in a United States customs bonded warehouse for
which a warehouse permit has been issued under this chapter for
wholesale liquor licensees or for persons authorized to sell liquor at
wholesale pursuant to the laws and regulation of any other state,
territorial possession of the United States or foreign country liquor
received in bulk by such wholesalers from other states, territorial
possessions of the United States or a foreign country, and to rebottle
or recondition for wholesale liquor or wine licensees or for persons
authorized to sell liquor or wine at wholesale pursuant to the laws and
regulations of any other state, territorial possession of the United
States or foreign country, liquor or wine manufactured outside the
state, which was purchased and received by such wholesalers in sealed
containers not exceeding one quart each of liquor or fifteen gallons
each of wine. Such a license shall also authorize the sale from the
licensed premises of the products manufactured by such licensee to a
wholesale or retail licensee in sealed containers of not more than one
quart each.
2-a. A class C distiller’s license shall authorize the holder thereof
to operate a distillery for the manufacture only of fruit brandy and the
sale of such product by such licensee to a wholesale or retail licensee
in sealed containers of not more than one quart each. Such a license
shall also authorize the sale in bulk of fruit brandy to a winery
licensee, to a farm winery licensee, to the holder of a class B
distiller’s license or to a permittee engaged in the manufacture of
products which are unfit for beverage use. It shall also authorize the
sale from the licensed premises and from one other location in the state
of any fruit brandy whether or not manufactured by such licensee to a
wholesale or retail liquor licensee or permittee in sealed containers of
not more than one quart each. In addition, it shall authorize such
licensee to sell from the licensed premises New York state labelled
liquors to a farm winery licensee in sealed containers of not more than
one quart for retail sale for off-premises consumption.
2-b. A class B-1 distiller’s license shall authorize the holder
thereof to operate a rectifying plant which has a production capacity of
no more than seventy-five thousand gallons per year for the manufacture
of the products of rectification by purifying or combining alcohol,
spirits, wine, or beer and the manufacture of cordials by the
redistillation of alcohol or spirits over or with any materials. Such a
license shall also authorize the holder thereof to blend, reduce proof
and bottle on his licensed premises or in a United States customs bonded
warehouse for which a warehouse permit has been issued under this
chapter for wholesale liquor licensees or for persons authorized to sell
liquor at wholesale pursuant to the laws and regulation of any other
state, territorial possession of the United States or foreign country
liquor received in bulk by such wholesalers from other states,
territorial possessions of the United States or a foreign country, and
to rebottle or recondition for wholesale liquor or wine licensees or for
persons authorized to sell liquor or wine at wholesale pursuant to the
laws and regulations of any other state, territorial possession of the
United States or foreign country, liquor or wine manufactured outside
the state, which was purchased and received by such wholesalers in
sealed containers not exceeding one quart each of liquor or fifteen
gallons each of wine. Such a license shall also authorize the sale from
the licensed premises of the products manufactured by such licensee to a
wholesale or retail licensee in sealed containers of not more than one
quart each. In addition, it shall authorize such licensee to sell from
the licensed premises New York state labelled liquors to a farm winery
licensee in sealed containers of not more than one quart for retail sale
for off-premises consumption.
2-c. (a) A class D distiller’s license, otherwise known as a farm
distillery license, shall authorize the holder of such a license to
operate a farm distillery at the premises specifically designated in the
license:
(i) To manufacture liquor primarily from farm and food products, as
defined in subdivision two of section two hundred eighty-two of the
agriculture and markets law;
(ii) To put such liquor into containers of not more than one quart
each, which containers shall then be sealed and to sell such liquor at
wholesale, for resale, and to licensed farm wineries, farm cideries,
farm breweries and other farm distilleries, wholesale and retail
licensees, and permittees;
(iii) To sell at retail, for personal use, in such sealed containers;
(iv) To sell in bulk, liquor manufactured by the licensee to a winery
or farm winery licensee, or to the holder of a class A, A-1, B, B-1 or C
distiller’s license, or to the holder of a permit issued pursuant to
paragraph c of subdivision one of section ninety-nine-b of this chapter;
(v) To conduct tastings of and sell at retail for consumption off the
premises New York state labelled beer manufactured by a licensed brewer
or licensed farm brewery;
(vi) To conduct tastings of and sell at retail for consumption off the
premises New York state labelled cider manufactured by a licensed
brewer, licensed farm brewery, licensed farm winery, licensed cider
producer or licensed farm cidery; and
(vii) To conduct tastings of and sell at retail for consumption off
the premises New York state labelled wine manufactured by a licensed
winery or licensed farm winery.
(b)(i) Retail sales by a licensed farm distillery may be made only to
customers who are physically present upon the licensed premises and such
sale shall be concluded by the customer’s taking, with him or her, of
the sealed containers purchased by the customer at the time the customer
leaves the licensed premises except as provided for in subparagraph (iv)
of this paragraph;
(ii) Such retail sales shall not be made where the order is placed by
letter, telephone, fax or e-mail, or where the customer otherwise does
not place the order while the customer is physically present upon the
premises of the licensed premises except as provided for in subparagraph
(iv) of this paragraph;
(iii) Such retail sales shall not be made where the contemplated sale
requires the licensee to transport or ship by common carrier, sealed
containers of liquor to a customer;
(iv) A licensed farm distillery may apply to the liquor authority for
a permit to sell liquor in a sealed container for off-premises
consumption at the state fair, at recognized county fairs and at
farmers’ markets operated on a not-for-profit basis. As a condition of
the permit a representative from the distillery must be present at the
time of sale.
(c) A licensed farm distillery may conduct upon the licensed premises,
or at approved locations as permitted in subdivision six of this
section, consumer tastings of liquor manufactured by the licensee and
from no more than three other class A, A-1, B, B-1, C or D distilleries,
subject to the following limitations:
(i) Only liquor manufactured primarily from farm and food products, as
defined in subdivision two of section two hundred eighty-two of the
agriculture and markets law, shall be used in the tastings;
(ii) An official agent, servant or employee of the licensee shall be
physically present at all times during the conduct of the consumer
tasting of liquor;
(iii) No consumer may be provided, directly or indirectly: (A) more
than three samples of liquor for tasting in one calendar day; or (B)
with a sample of liquor for tasting equal to more than one-quarter fluid
ounce;
(iv) Any liability stemming from a right of action resulting from a
consumer tasting of liquor authorized by this paragraph and in
accordance with the provisions of sections 11-100 and 11-101 of the
general obligations law, shall accrue to the licensee.
(d) Notwithstanding any other provision of this chapter, the authority
may issue a farm distillery license to the holder of a class A, A-1, B,
B-1 or C distiller’s license, a winery license or a farm winery license
for use at such licensee’s existing licensed premises. For the purposes
of this chapter, the premises of the class A, A-1, B, B-1 or C
distillery, winery or farm winery shall be considered the premises of
the farm distillery. The holder of a farm distillery license that
simultaneously holds a winery, farm winery or any class of a distiller’s
license on the same premises may share and use the same tasting room
facilities to conduct wine and liquor tastings that such licensee is
otherwise authorized to conduct.
(e) Notwithstanding any other provision of law to the contrary, the
holder of a farm distillery license may (i) sell at retail for
consumption on the licensed premises, any liquor manufactured by the
licensee or any New York state labeled liquor. Provided, however, the
licensee shall regularly keep food available for sale or service to its
retail customers for consumption on the premises. A licensee providing
the following shall be deemed in compliance with this provision:
sandwiches, soups or other such foods, whether fresh, processed,
pre-cooked or frozen; and/or food items intended to compliment the
tasting of alcoholic beverages, which shall mean a diversified selection
of food that is ordinarily consumed without the use of tableware and can
be conveniently consumed while standing or walking, including but not
limited to: cheese, fruits, vegetables, chocolates, breads, mustards and
crackers. All of the provisions of this chapter relative to licenses to
sell liquor at retail for consumption on the premises shall apply so far
as applicable to such licensee; and
(ii) operate a restaurant, hotel, catering establishment, or other
food and drinking establishment in or adjacent to the licensed premises
and sell at such place, at retail for consumption on the premises,
liquor manufactured by the licensee and any New York state labeled
liquor. All of the provisions of this chapter relative to licenses to
sell liquor at retail for consumption on the premises shall apply so far
as applicable to such licensee. Notwithstanding any other provision of
law, the licensee may apply to the authority for a license under this
chapter to sell other alcoholic beverages at retail for consumption on
the premises at such establishment.
(f) No holder of a farm distillery license shall manufacture in excess
of seventy-five thousand gallons of liquor annually. In the case of the
holder of a class A, A-1, B, B-1 or C distiller’s license who operates a
farm distillery on the same premises, the liquor manufactured pursuant
to the farm distillery license shall not be considered with respect to
any limitation on the volume that may be manufactured by the class A,
A-1, B, B-1 or C distillery.
(g) The holder of a license issued under this subdivision may operate
up to one branch office located away from the licensed farm distillery.
Such location shall be considered part of the licensed premises and all
activities allowed at and limited to the farm distillery may be
conducted at the branch office. Such branch office shall not be located
within, share a common entrance and exit with, or have any interior
access to any other business, including premises licensed to sell
alcoholic beverages at retail. Prior to commencing operation of any such
branch office, the licensee shall notify the authority of the location
of such branch office and the authority may issue a permit for the
operation of same.
(h) A farm distillery license shall authorize the holder thereof to
manufacture, bottle and sell food condiments and products such as nuts,
popcorn, mulling spices and other spirits related food in addition to
other such food and crafts on and from the licensed premises. Such
license shall authorize the holder thereof to store and sell gift items
in a tax-paid room upon the licensed premises incidental to the sale of
liquor. These gift items shall be limited to the following categories:
(i) non-alcoholic beverages for consumption on or off premises,
including but not limited to bottled water, juice and soda beverages;
(ii) food items for the purpose of complementing liquor tastings,
which shall mean a diversified selection of food that is ordinarily
consumed without the use of tableware and can be conveniently consumed
while standing or walking. Such food items shall include but not be
limited to: cheeses, fruits, vegetables, chocolates, breads, mustards
and crackers;
(iii) food items, which shall include locally produced farm products
and any food or food product not specifically prepared for immediate
consumption upon the premises. Such food items may be combined into a
package containing liquor related products;
(iv) liquor supplies and accessories, which shall include any item
utilized for the storage, serving or consumption of liquor or for
decorative purposes. These supplies may be sold as single items or may
be combined into a package containing liquor;
(v) liquor-making equipment and supplies including, but not limited
to, filters, bottling equipment, and books or other written material to
assist spirits makers to produce and bottle liquor; and
(vi) souvenir items, which shall include, but not be limited to
artwork, crafts, clothing, agricultural products and any other articles
which can be construed to propagate tourism within the region.
3. A distiller’s license of any class shall not authorize more than
one of said activities, namely, that of a distillery, a rectifying plant
or a fruit brandy distillery, and a separate license shall be required
for each such activity, except as provided in subdivision one of this
section.
4. Any person may apply to the liquor authority for a distiller’s
license as provided for in this section. Such application shall be in
writing and verified and shall contain such information as the liquor
authority shall require. Such application shall be accompanied by a
check or draft for the amount required by this article for such license.
If the liquor authority shall grant the application it shall issue a
license in such form as shall be determined by its rules.
5. No distiller shall be engaged in any other business on the licensed
premises. No distiller shall sell or agree to sell any liquor, alcohol
or spirits to any wholesaler or any retailer who is not duly licensed
under this article to sell liquor, alcohol or spirits at wholesale or
retail at the time of such agreement and sale or sell or agree to sell
any liquor, alcohol or spirits to persons outside the state except
pursuant to the laws of the place of such sale or delivery.
6. Any person having applied for and received a license as a farm
distillery under this section may conduct consumer tastings of liquor
pursuant to rules or regulations promulgated by the liquor authority,
and subject to the limitations set forth in paragraph c of subdivision
two-c of this section at the state fair, at recognized county fairs and
at farmers’ markets operated on a not-for-profit basis.
7. Any person licensed under this section shall manufacture at least
fifty gallons of liquor per year.

S 62. Wholesaler’s liquor license. Any person may apply to the liquor
authority for a license to sell liquor at wholesale. Such application
shall be in writing and verified and shall contain such information as
the liquor authority shall require. Such application shall be
accompanied by a check or draft for the amount required by this article
for such license. If the liquor authority shall grant the application it
shall issue a license in such form as shall be determined by its rules.
Such license shall contain a description of the licensed premises and in
form and in substance shall be a license to the person therein
specifically designated to sell liquors at wholesale in the premises
therein specifically licensed to duly licensed wholesalers, retailers
and permittees in this state, and to sell liquor in bulk to a licensed
rectifier or to a permittee engaged in the manufacture of products which
are unfit for beverage use, for use in the manufacture of products
produced and sold by such rectifier or permittee, and to sell or deliver
liquor to persons outside the state pursuant to the laws of the place of
such sale or delivery. Such a license shall also include the privilege
to sell wine at wholesale under the same terms and conditions without
the payment of any additional fee.

S 63. Seven day license to sell liquor at retail for consumption off
the premises. 1. Any person may make an application to the appropriate
board for a seven day license to sell liquor at retail not to be
consumed upon the premises where sold. Such application shall be in such
form and shall contain such information as shall be required by the
rules of the liquor authority and shall be accompanied by a check or
draft in the amount required by this article for such license.
1-a. The liquor authority shall convert all current licenses to sell
liquor at retail for consumption off the premises to seven day licenses
to sell liquor at retail for consumption off the premises pursuant to
subdivision four of section sixty of this article.
2. Section fifty-four shall control so far as is applicable the
procedure in connection with such applications.
3. Such license shall in form and in substance be a license to the
person specifically designated therein to sell liquor in the premises
specifically licensed at retail for off-premise consumption and shall
also include the privilege to sell wine under the same terms and
conditions without the payment of any additional fee.
4. No licensee under this section shall be engaged in any other
business on the licensed premises. The sale of lottery tickets, when
duly authorized and lawfully conducted, the sale of corkscrews or the
sale of ice or the sale of publications, including prerecorded video
and/or audio cassette tapes, designed to help educate consumers in their
knowledge and appreciation of wine and wine products, as defined in
section three of this chapter, or the sale of non-carbonated,
non-flavored mineral waters, spring waters and drinking waters or the
sale of glasses designed for the consumption of wine, racks designed for
the storage of wine, and devices designed to minimize oxidation in
bottles of wine which have been uncorked, shall not constitute engaging
in another business within the meaning of this subdivision.
5. Not more than one license shall be granted to any person under this
section.
6. Determinations under this section with respect to the issuance of a
new license or under section one hundred eleven with respect to the
transfer to any other premises of a license issued hereunder, shall be
made in accordance with public convenience and advantage.

S 63-a. Liquor tasting. 1. Any person licensed pursuant to section
sixty-one or sixty-two of this article shall be permitted to conduct
consumer tastings of liquor in establishments licensed under section
sixty-three of this article to sell alcoholic beverages for off-premises
consumption. (b) Any person holding a retail license to sell liquor
under this chapter shall be permitted to conduct consumer tastings of
liquor upon such person’s licensed premises.
2. All consumer tastings of liquor shall be conducted subject to the
following limitations:
(a) tastings of liquor shall be conducted by the licensee or an
authorized agent of the licensee. Such licensee or agent shall be
physically present upon the premises at all times during the conducting
of the consumer tasting of liquor.
(b) no more than a total of three samples of liquor may be provided
for tasting to a person in one calendar day.
(c) no sample of liquor for tasting may exceed one-quarter fluid
ounce.
(d) any liability stemming from a right of action resulting from a
consumer tasting of liquor authorized by this section and in accordance
with the provisions of sections 11-100 and 11-101 of the general
obligations law, shall accrue to the licensee, who conducted such
tasting.
3. The state liquor authority shall promulgate rules and regulations
regarding liquor tastings as provided for in this section.

S 64. License to sell liquor at retail for consumption on the
premises. 1. Notwithstanding the provisions of subdivision two of
section seventeen of this chapter, any person may make an application to
the appropriate board for a license to sell liquor at retail to be
consumed on the premises where sold, and such licenses shall be issued
to all applicants except for good cause shown.
2. Such application shall be in such form and shall contain such
information as shall be required by the rules of the liquor authority
and shall be accompanied by a check or draft in the amount required by
this article for such license.
3. Section fifty-four shall control so far as applicable the procedure
in connection with such application.
4. Such license shall in form and in substance be a license to the
person specifically licensed to sell liquors at retail, to be consumed
upon the premises. Such license shall also be deemed to include a
license to sell wine and beer at retail to be consumed under the same
terms and conditions, without the payment of any additional fee.
5. No retail license under this section shall be granted except for
such premises as are being conducted as a bona fide hotel provided that
a restaurant is operated in such premises, restaurant, catering
establishment, club, railroad car, vessel or aircraft being operated on
regularly scheduled flights by a United States certificated airline.
5-a. Notwithstanding the provisions of subdivision five of this
section, a liquor license may be issued under this section to an
establishment designated and commonly known and operated as a “bed and
breakfast” regardless of whether or not a restaurant is operated in such
establishment, provided that such license shall only permit the sale of
alcoholic beverages to overnight guests of such establishment.
6. Where an on-premise license shall be granted to the owner of a
hotel situated in a town or village the liquor authority may in its
discretion grant to such owner the right to sell liquor and wine for
off-premise consumption under the same terms and conditions as apply to
off-premise licenses upon the payment of an additional fee of sixty-two
dollars and fifty cents; provided, however, that this permission shall
not be granted if an off-premise license has been granted for premises
located within eight miles of such hotel.
6-a. The authority may consider any or all of the following in
determining whether public convenience and advantage and the public
interest will be promoted by the granting of licenses and permits for
the sale of alcoholic beverages at a particular unlicensed location:
(a) The number, classes and character of licenses in proximity to the
location and in the particular municipality or subdivision thereof.
(b) Evidence that all necessary licenses and permits have been
obtained from the state and all other governing bodies.
(c) Effect of the grant of the license on vehicular traffic and
parking in proximity to the location.
(d) The existing noise level at the location and any increase in noise
level that would be generated by the proposed premises.
(e) The history of liquor violations and reported criminal activity at
the proposed premises.
(f) Any other factors specified by law or regulation that are relevant
to determine the public convenience and advantage and public interest of
the community.
7. No retail license for on-premises consumption shall be granted for
any premises which shall be
(a) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship or
(b) in a city, town or village having a population of twenty thousand
or more within five hundred feet of three or more existing premises
licensed and operating pursuant to this section and sections
sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article;
(c) the measurements in paragraphs (a) and (b) of this subdivision are
to be taken in straight lines from the center of the nearest entrance of
the premises sought to be licensed to the center of the nearest entrance
of such school, church, synagogue or other place of worship or to the
center of the nearest entrance of each such premises licensed and
operating pursuant to this section and sections sixty-four-a,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except,
however, that no renewal license shall be denied because of such
restriction to any premises so located which were maintained as a bona
fide hotel, restaurant, catering establishment or club on or prior to
December fifth, nineteen hundred thirty-three; and, except that no
license shall be denied to any premises at which a license under this
chapter has been in existence continuously from a date prior to the date
when a building on the same street or avenue and within two hundred feet
of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship; and except that no license shall be
denied to any premises, which is within five hundred feet of three or
more existing premises licensed and operating pursuant to this section
and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or
sixty-four-d of this article, at which a license under this chapter has
been in existence continuously on or prior to November first, nineteen
hundred ninety-three; and except that this subdivision shall not be
deemed to restrict the issuance of a hotel liquor license to a building
used as a hotel and in which a restaurant liquor license currently
exists for premises which serve as a dining room for guests of the hotel
and a caterer’s license to a person using the permanent catering
facilities of a church, synagogue or other place of worship pursuant to
a written agreement between such person and the authorities in charge of
such facilities. The liquor authority, in its discretion, may authorize
the removal of any such licensed premises to a different location on the
same street or avenue, within two hundred feet of said school, church,
synagogue or other place of worship, provided that such new location is
not within a closer distance to such school, church, synagogue or other
place of worship.
(d) Within the context of this subdivision, the word “entrance” shall
mean a door of a school, of a house of worship, or of premises licensed
and operating pursuant to this section and sections sixty-four-a,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article or of
the premises sought to be licensed, regularly used to give ingress to
students of the school, to the general public attending the place of
worship, and to patrons or guests of the premises licensed and operating
pursuant to this section and sections sixty-four-a, sixty-four-b,
sixty-four-c, and/or sixty-four-d of this article or of the premises
sought to be licensed, except that where a school or house of worship or
premises licensed and operating pursuant to this section and sections
sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article or the premises sought to be licensed is set back from a public
thoroughfare, the walkway or stairs leading to any such door shall be
deemed an entrance; and the measurement shall be taken to the center of
the walkway or stairs at the point where it meets the building line or
public thoroughfare. A door which has no exterior hardware, or which is
used solely as an emergency or fire exit, or for maintenance purposes,
or which leads directly to a part of a building not regularly used by
the general public or patrons, is not deemed an “entrance”.
(d-1) Within the context of this subdivision, a building occupied as a
place of worship does not cease to be “exclusively” occupied as a place
of worship by incidental uses that are not of a nature to detract from
the predominant character of the building as a place of worship, such
uses which include, but which are not limited to: the conduct of legally
authorized games of bingo or other games of chance held as a means of
raising funds for the not-for-profit religious organization which
conducts services at the place of worship or for other not-for-profit
organizations or groups; use of the building for fund-raising
performances by or benefitting the not-for-profit religious organization
which conducts services at the place of worship or other not-for-profit
organizations or groups; the use of the building by other religious
organizations or groups for religious services or other purposes; the
conduct of social activities by or for the benefit of the congregants;
the use of the building for meetings held by organizations or groups
providing bereavement counseling to persons having suffered the loss of
a loved one, or providing advice or support for conditions or diseases
including, but not limited to, alcoholism, drug addiction, cancer,
cerebral palsy, Parkinson’s disease, or Alzheimer’s disease; the use of
the building for blood drives, health screenings, health information
meetings, yoga classes, exercise classes or other activities intended to
promote the health of the congregants or other persons; and use of the
building by non-congregant members of the community for private social
functions. The building occupied as a place of worship does not cease to
be “exclusively” occupied as a place of worship where the not-for-profit
religious organization occupying the place of worship accepts the
payment of funds to defray costs related to another party’s use of the
building.
(e) Notwithstanding the provisions of this chapter to the contrary,
the authority may issue a license to sell liquor at retail to be
consumed on premises to a club as such term is defined in subdivision
nine of section three of this chapter whether or not the building in
which the premises for which such license is to be issued is used
exclusively for club purposes and whether or not such premises is within
two hundred feet of a building used exclusively as a school, church,
synagogue or place of worship if such club is affiliated or associated
with such school, church, synagogue or place of worship and the
governing body of such school, church, synagogue or other place of
worship has filed written notice with the authority that it has no
objection to the issuance of such license.
(e-1) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a church, synagogue or other place of
worship, provided such premises constitutes a premises for the sale of
food or beverages at retail for consumption on the premises and/or an
overnight lodging facility located wholly within the boundaries of the
borough of Manhattan in the city and county of New York, bounded and
described as follows:
BEGINNING at a point on the southerly side of 49th Street, distant 160
feet easterly from the corner formed by the intersection of the
southerly side of 49th Street with the easterly side of 8th Avenue;
running thence southerly, parallel with 8th Avenue and part of the
distance through a party wall, 100 feet 5 inches to the center line of
the block between 48th and 49th Streets; thence easterly along the
center line of the block, 40 feet; thence northerly, parallel with 8th
Avenue and part of the distance through a party wall, 100 feet 5 inches
to the southerly side of 49th Street; thence westerly along the
southerly side of 49th Street, 40 feet to the point or place of
beginning. Premises known as 240 and 242 West 49th Street, New York
City. Being the same premises described in deed made by Hotel Mayfair
Inc. to Harry Etkin and Freda Rubin, dated 1/23/50 and recorded 1/27/50
in liber 4657 Cp. 250.
(e-2) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a church, synagogue or other place of
worship, provided such premises constitutes a premises for the sale of
food or beverages at retail for consumption on the premises located
wholly within the boundaries of the county of Ulster, bounded and
described as follows:
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
improvements erected thereon, situated in the Village of Ellenville,
Town of Wawarsing, County of Ulster and State of New York, being further
bounded and described as follows:
Beginning at a three-quarter inch diameter iron rod found on the
southwesterly bounds of Canal Street, marking the northeasterly corner
of the lands, now or formerly, John Georges, as described in liber 2645
of deeds at page 278.
Thence along the southeasterly bounds of the lands of John Georges,
passing 1.42 feet northwesterly from the southwesterly corner of the
building situated on the premises described herein, South thirty-nine
degrees, forty-one minutes, fifty-two seconds West, one hundred fifty
and zero hundredths feet (S 39-41-52 W, 150.00′) to the northeasterly
bounds of the lands, now or formerly, Thomas Powers, as described in
liber 1521 of deeds at page 749. Thence along the northeasterly bounds
of the lands of Thomas Powers, South fifty degrees, thirty-nine minutes,
sixteen seconds East, twenty-eight and zero hundredths feet (S 50-39-16
E, 28.00′).
Thence passing 1.92 feet southeasterly from the southeasterly corner
of the building situated on the premises described herein. North
thirty-nine degrees, forty-one minutes, fifty-two seconds East, one
hundred fifty and zero hundredths feet (N 39-41-52 E, 150.00′) to the
southwesterly bounds of Canal Street.
Thence along the southwesterly bounds of Canal Street, North fifty
degrees, thirty-nine minutes, sixteen seconds West, twenty-eight and
zero hundredths feet (N 50-39-16 W, 28.00′) to the point of beginning.
Containing 4,199.92 square feet of land or 0.0996 of an acre of land.
Being the same premises as conveyed by deed dated September 2, 1999
from Chris M. Camio as Executor of the Last Will and Testament of Alice
Manzo to Bill Lelbach, John Eckert, Jeffrey Schneider, Jack Harris and
Alfred S. Dannhauser and recorded in the Ulster County Clerk’s Office on
September 15, 1999 in Liber 2966 at page 291.
The undivided interests of John Harris and Alfred S. Dannhauser having
been conveyed to Bill Lelbach by deed dated August 21, 2001 and recorded
in the Ulster County Clerk’s Office in Liber 3213 p 65.
(e-3) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within two hundred feet of a
building occupied exclusively as a school, provided such premises
constitutes a premises for the sale of food or beverages at retail for
consumption on the premises and/or an overnight lodging facility located
wholly within the boundaries of the borough of Manhattan in the city and
county of New York, bounded and described as follows:
Beginning at a point on the southerly side of 46th street, distant
three hundred fifty (350) feet westerly from the corner formed by the
intersection of the westerly side of Sixth Avenue with the said
southerly side of 46th street. Running thence southerly parallel with
the said westerly side of Sixth Avenue and for part of the distance
through a party wall, one hundred (100) feet four (4) inches; thence
westerly parallel with the southerly side of 46th street, eighty (80)
feet; thence northerly again parallel with the westerly side of Sixth
Avenue, one hundred (100) feet four (4) inches to the southerly side of
46th street; and thence easterly along the said southerly side of 46th
street, eighty (80) feet to the point or place of beginning. Premises
known as 130 West 46th Street, New York City. Being the same premises
described in deed made by Massachusetts Mutual Life Insurance Company to
West 46th Street Hotel, LLC, dated 12/22/06 and recorded 2/06/07 in the
Office of the City Register, New York County, on February 6, 2007 as
CFRN 2007000069808.
(e-4) Notwithstanding the provisions of paragraph (a) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be located within two hundred
feet of a building occupied exclusively as a church, synagogue or other
place of worship, provided such premises constitutes a premises for the
sale of food or beverages at retail for consumption on the premises
located wholly within the boundaries of the county of Ulster, bounded
and described as follows:
THOSE THREE BUILDING LOTS situate on the northeasterly side of Union
Avenue in the city of Kingston, between Thomas and Cornell Streets,
known and distinguished upon a map of the property of the estate of said
Thomas Cornell made by B.B. Codwise, Civil Engineer, bearing date April
11th, 1888, as lot five (5) six (6) and seven (7) upon said map, and
bounded and described as follows:
BEGINNING at the west corner of lot seven which is also the corner of
Cornell Street, where it intersects with Union Avenue, and runs from
thence in the southerly bounds of Cornell Street, N. 48 degrees 10′ east
the distance of one hundred and thirty-eight (138) feet, to the south
bounds of lot (8) eight as laid down upon said map, thence along in the
south bounds of lot (8) aforesaid S. 41 degrees 50′ east along the rear
of lots seven, six and five (7, 6 & 5) as aforesaid the distance of
seventy-two (72) feet to a lot of land owned by Max Oppenheimer and
known on said map as lot four (4); thence in the division line between
lot four and five as laid down upon said map, south 48 degrees 10′ W.
one hundred and twenty-two (122) feet, and fifty-four hundredths of a
foot (122 54/100 feet) to the northeasterly bounds of said Union Avenue;
thence along in said northeasterly bounds of said Union Avenue north 53
degrees 57′ west along the front of said lots five, six and seven (5, 6
& 7) the distance of seventy-three feet and sixty-five hundredths of a
foot (73 65/100 feet) to the place of beginning; and a part of said
premises being a part of the same that was conveyed to Thomas Cornell by
Jansen Hasbrouck and wife bearing date March 3, 1877 and recorded in the
office of the Clerk of Ulster County in book No. 204 of deeds at page
403 March 6th, 1877, the balance of the property hereinbefore described
and herein intended to be conveyed was conveyed to Thomas Cornell by
James E. Ostrander and wife by deed bearing date February 8th, 1869, and
recorded in Ulster County Clerk’s Office in book 175 of deeds at page
29, February 6th, 1872.
(f) Notwithstanding the provisions of paragraph (b) of this
subdivision, the authority may issue a license pursuant to this section
for a premises which shall be within five hundred feet of three or more
existing premises licensed and operating pursuant to this section and
sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
of this article if, after consultation with the municipality or
community board, it determines that granting such license would be in
the public interest. Before it may issue any such license, the authority
shall conduct a hearing, upon notice to the applicant and the
municipality or community board, and shall state and file in its office
its reasons therefor. The hearing may be rescheduled, adjourned or
continued, and the authority shall give notice to the applicant and the
municipality or community board of any such rescheduled, adjourned or
continued hearing. Before the authority issues any said license, the
authority or one or more of the commissioners thereof may, in addition
to the hearing required by this paragraph, also conduct a public meeting
regarding said license, upon notice to the applicant and the
municipality or community board. The public meeting may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such
rescheduled, adjourned or continued public meeting. Notice to the
municipality or community board shall mean written notice mailed by the
authority to such municipality or community board at least fifteen days
in advance of any hearing scheduled pursuant to this paragraph. Upon the
request of the authority, any municipality or community board may waive
the fifteen day notice requirement. No premises having been granted a
license pursuant to this section shall be denied a renewal of such
license upon the grounds that such premises are within five hundred feet
of a building or buildings wherein three or more premises are licensed
and operating pursuant to this section and sections sixty-four-a,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
8. A license issued for such premises as are being conducted as a
catering establishment shall authorize the holder thereof to sell
alcoholic beverages at retail during such period of time as a function,
occasion or event is in progress therein and then only to persons
invited to and attending such function, occasion or event and only for
consumption on the premises where sold.
9. A retail license under this section may be granted for a premises
being conducted as a restaurant and located in the area leased by the
city of New York to the New York World’s Fair 1964-1965 pursuant to the
provisions of chapter four hundred twenty-eight of the laws of nineteen
hundred sixty as amended by chapter nine hundred nine of the laws of
nineteen hundred sixty-one during the term or duration of such lease,
notwithstanding the fact that said premises is not open to the general
public as required by this chapter provided that such premises has been
designated as an authorized facility of the New York World’s Fair
1964-1965 Corporation and has been certified to the liquor authority by
said corporation as such.

S 64-a. Special license to sell liquor at retail for consumption on
the premises. 1. On or before September first, nineteen hundred
sixty-nine, any license issued under section sixty-four of this article
may be converted into a special on-premises license under this section
upon the granting of a request for conversion filed with the liquor
authority by the holder of said license. Such a request shall be granted
by the authority except for good cause shown. The granting of such a
request shall constitute conversion of said license into a special
on-premises license subject to the provisions of this chapter applicable
to special on-premises licenses issued under this section.
2. On or after October first, nineteen hundred sixty-four, any person
may make an application to the appropriate board for a special license
to sell liquor at retail to be consumed on the premises where sold.
3. Such application shall be in such form and shall contain such
information as shall be required by the rules of the liquor authority
and shall be accompanied by a check or draft in the amount required by
this article for such license.
4. Section fifty-four shall control so far as applicable the procedure
in connection with such application.
5. Such special license shall in form and in substance be a license to
the person specifically licensed to sell liquor at retail to be consumed
on the premises specifically licensed. Such license shall also be deemed
to include a license to sell wine and beer at retail to be consumed
under the same terms and conditions, without the payment of any
additional fee.
6. No special on-premises license shall be granted except for premises
in which the principal business shall be (a) the sale of food or
beverages at retail for consumption on the premises or (b) the operation
of a legitimate theatre or such other lawful adult entertainment or
recreational facility as the liquor authority, giving due regard to the
convenience of the public and the strict avoidance of sales prohibited
by this chapter, shall by regulation classify for eligibility. Nothing
contained in this subdivision shall be deemed to authorize the issuance
of a license to a motion picture theatre, except those meeting the
definition of restaurant and meals, and where all seating is at tables
where meals are served.
7. (a) No special on-premises license shall be granted for any
premises which shall be
(i) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship or
(ii) in a city, town or village having a population of twenty thousand
or more within five hundred feet of three or more existing premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article;
(iii) the measurements in subparagraphs (i) and (ii) of this paragraph
are to be taken in straight lines from the center of the nearest
entrance of the premises sought to be licensed to the center of the
nearest entrance of such school, church, synagogue or other place of
worship or to the center of the nearest entrance of each such premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except
that no license shall be denied to any premises at which a license under
this chapter has been in existence continuously from a date prior to the
date when a building on the same street or avenue and within two hundred
feet of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship; and except that no license shall be
denied to any premises, which is within five hundred feet of three or
more existing premises licensed and operating pursuant to this section
and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d
of this article, at which a license under this chapter has been in
existence continuously on or prior to November first, nineteen hundred
ninety-three. The liquor authority, in its discretion, may authorize the
removal of any such licensed premises to a different location on the
same street or avenue, within two hundred feet of said school, church,
synagogue or other place of worship, provided that such new location is
not within a closer distance to such school, church, synagogue or other
place of worship.
(b) Within the context of this subdivision, the word “entrance” shall
mean a door of a school, of a house of worship, or of premises licensed
and operating pursuant to this section and sections sixty-four,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article or of
the premises sought to be licensed, regularly used to give ingress to
students of the school, to the general public attending the place of
worship, and to patrons or guests of the premises licensed and operating
pursuant to this section and sections sixty-four, sixty-four-b,
sixty-four-c, and/or sixty-four-d of this article or of the premises
sought to be licensed, except that where a school or house of worship or
premises licensed and operating pursuant to this section and sections
sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article or the premises sought to be licensed is set back from a public
thoroughfare, the walkway or stairs leading to any such door shall be
deemed an entrance; and the measurement shall be taken to the center of
the walkway or stairs at the point where it meets the building line or
public thoroughfare. A door which has no exterior hardware, or which is
used solely as an emergency or fire exit, or for maintenance purposes,
or which leads directly to a part of a building not regularly used by
the general public or patrons, is not deemed an “entrance”.
(c) Notwithstanding paragraph (a) of this subdivision, a special
on-premises license for a premises in which the principal business shall
be the operation of a legitimate theater by a corporation organized
pursuant to the not-for-profit corporation law may be granted
notwithstanding the proximity of such premises to any school, provided
that the availability of alcoholic beverages on such premises shall not
be advertised in any way at such premises in any manner visible from
such street or avenue.
(c-1) Notwithstanding the provisions of subparagraph (i) of paragraph
(a) of this subdivision, the authority may issue a retail license for
on-premises consumption for a premises which shall be within two hundred
feet of a building occupied exclusively as a school, church, synagogue
or other place of worship, provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises and/or an overnight lodging facility located wholly within the
boundaries of the borough of Manhattan in the city and county of New
York, bounded and described as follows:
BEGINNING at a point on the easterly side of 7th Avenue, distant 25 feet
northerly from the northeasterly corner of 7th Avenue and 132nd Street;
RUNNING THENCE easterly parallel with the northerly side of 132nd Street
and part of the distance of the distance through a party wall, 75 feet;
THENCE northerly parallel with 7th Avenue, 49 feet 11 inches; THENCE
westerly parallel with 132nd Street 75 feet to the easterly side of 7th
Avenue; THENCE southerly along the easterly side of 7th Avenue, 49 feet
11 inches to the point or place of BEGINNING, being the same premises
located at 2247 Adam Clayton Powell, Jr. Boulevard (Seventh Avenue),
block 1917, lot 2 described in deed made by 2247-49 ACP South realty LLC
to AIMCO 2247-2253 ACP, LLC, dated June twenty-ninth, two thousand seven
and recorded July seventh, two thousand seven in the Office of the City
Register, New York County as document number 2007071001657001.
(c-2) Notwithstanding the provisions of subparagraph (i) of paragraph
(a) of this subdivision, the authority may issue a retail license for
on-premises consumption for a premises which shall be within two hundred
feet of a building occupied exclusively as a school, church, synagogue
or other place of worship, provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises located wholly within the boundaries of the town of Bainbridge,
county of Chenango, bounded and described as follows:
BEGINNING at an iron stake at the curb on the north side of North Main
Street, which stake is in a line with the edge of the concrete sidewalk
in front of the Ireland Hardware Block; thence to the joint corner of
said hardware block and the concrete post at the southwest corner of the
Central Hotel, twenty-seven (27) feet; thence along the foundation wall
of said hotel forty (40) feet to an iron stake under a part of the
Ireland Hardware Store Building six (6) feet from the corner of said
foundation wall and on a continuation of said line along the Hotel
foundation; thence at an approximate right angle in a northeasterly
direction along a line parallel to and six (6) feet distant from the
foundation wall on the “ell” of the Hotel to a point six (6) feet
distant from the foundation wall of the main building of the Hotel,
fourteen (14) feet; thence again at a right angle in an approximately
north-westerly direction on a line parallel to and six (6) feet distant
from the foundation wall of said Hotel building forty-three (43) feet to
an iron stake; thence in a northeasterly direction on a line from said
stake touching the corner of the foundation wall to a point on the line
of premises of the Vendor and premises now owned by Edward Danforth,
known as the Danforth Block; thence in a southeasterly direction along
said boundary line between said premises, which line is believed to be
nine (9) feet distant southwesterly from the foundation wall of said
Danforth Block, to the curb line; thence along said curb line in a
southwesterly direction to the point or place of beginning.
Being known and designated on the Chenango County Tax Map for the
Village and Town of Bainbridge as parcel 265.11-2-15 as said tax map was
on the 15th day of June 2010.
(c-3) Notwithstanding the provisions of subparagraph (i) of paragraph
(a) of this subdivision, the authority may issue a retail license for
on-premises consumption for a premises which shall be within two hundred
feet of a building occupied exclusively as a school, church, synagogue
or other place of worship, provided such premises constitutes a premises
for the sale of food or beverages at retail for consumption on the
premises and/or an overnight lodging facility located wholly within the
boundaries of the borough of Manhattan in the city and county of New
York, bounded and described as follows:
BEGINNING at the intersection formed by the easterly side of Fifth
Avenue and the southerly side of East 117th Street; and
RUNNING THENCE easterly along the southerly side of East 117th Street,
110 feet 0 inches;
THENCE southerly at right angles to the last mentioned course, 100 feet
11 inches;
THENCE westerly at right angles to the last mentioned course, 110 feet 0
inches at right angles to the easterly side of Fifth Avenue;
THENCE northerly along the easterly side of Fifth Avenue at right angles
to the last mentioned course, 100 feet 11 inches to the point or place
of BEGINNING.
Being known and designated on the Tax Map of The City of New York, for
the Borough of Manhattan, as Section 6, Block 1622 Lot 73 as said Tax
Map was on the 26th day of November 1974.
(d) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
sixty-four-d of this article if, after consultation with the
municipality or community board, it determines that granting such
license would be in the public interest. Before it may issue any such
license, the authority shall conduct a hearing, upon notice to the
applicant and the municipality or community board, and shall state and
file in its office its reasons therefor. Notice to the municipality or
community board shall mean written notice mailed by the authority to
such municipality or community board at least fifteen days in advance of
any hearing scheduled pursuant to this paragraph. Upon the request of
the authority, any municipality or community board may waive the fifteen
day notice requirement. The hearing may be rescheduled, adjourned or
continued, and the authority shall give notice to the applicant and the
municipality or community board of any such rescheduled, adjourned or
continued hearing. Before the authority issues any said license, the
authority or one or more of the commissioners thereof may, in addition
to the hearing required by this paragraph, also conduct a public meeting
regarding said license, upon notice to the applicant and the
municipality or community board. The public meeting may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such
rescheduled, adjourned or continued public meeting. No premises having
been granted a license pursuant to this section shall be denied a
renewal of such license upon the grounds that such premises are within
five hundred feet of a building or buildings wherein three or more
premises are licensed and operating pursuant to this section and
sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of
this article.
(e) Within the context of this subdivision, a building occupied as a
place of worship does not cease to be “exclusively” occupied as a place
of worship by incidental uses that are not of a nature to detract from
the predominant character of the building as a place of worship, such
uses which include, but which are not limited to: the conduct of legally
authorized games of bingo or other games of chance held as a means of
raising funds for the not-for-profit religious organization which
conducts services at the place of worship or for other not-for-profit
organizations or groups; use of the building for fund-raising
performances by or benefitting the not-for-profit religious organization
which conducts services at the place of worship or other not-for-profit
organizations or groups; the use of the building by other religious
organizations or groups for religious services or other purposes; the
conduct of social activities by or for the benefit of the congregants;
the use of the building for meetings held by organizations or groups
providing bereavement counseling to persons having suffered the loss of
a loved one, or providing advice or support for conditions or diseases
including, but not limited to, alcoholism, drug addiction, cancer,
cerebral palsy, Parkinson’s disease, or Alzheimer’s disease; the use of
the building for blood drives, health screenings, health information
meetings, yoga classes, exercise classes or other activities intended to
promote the health of the congregants or other persons; and use of the
building by non-congregant members of the community for private social
functions. The building occupied as a place of worship does not cease to
be “exclusively” occupied as a place of worship where the not-for-profit
religious organization occupying the place of worship accepts the
payment of funds to defray costs related to another party’s use of the
building.
8. Every special on-premises licensee shall regularly keep food
available for sale to its customers for consumption on the premises. The
availability of sandwiches, soups or other foods, whether fresh,
processed, pre-cooked or frozen, shall be deemed compliance with this
requirement. The licensed premises shall comply at all times with all
the regulations of the local department of health. Nothing contained in
this subdivision, however, shall be construed to require that any food
be sold or purchased with any liquor, nor shall any rule, regulation or
standard be promulgated or enforced requiring that the sale of food be
substantial or that the receipts of the business other than from the
sale of liquor equal any set percentage of total receipts from sales
made therein.
9. The liquor authority may make such rules as it deems necessary to
carry out the provisions of this section.

S 64-b. License to sell liquor on premises commonly known as a bottle
club. 1. It shall be unlawful for any person, partnership or corporation
operating a place for profit or pecuniary gain, with a capacity for the
assemblage of twenty or more persons to permit a person or persons to
come to the place of assembly for the purpose of consuming alcoholic
beverages on said premises, which alcoholic beverages are either
provided by the operator of the place of assembly, his agents, servants
or employees, or are brought onto said premises by the person or persons
assembling at such place, unless an appropriate license has first been
obtained from the state liquor authority by the operator of said place
of assembly. Nothing in this section shall be construed as affecting the
definition of place of assembly in this chapter or any other law.
Nothing contained herein shall prohibit or restrict the leasing or use
of such place of assemblage as defined herein by any organization or
club enumerated in subdivision seven hereof.
2. Upon or after the effective date hereof any person may make an
application to the appropriate board for a special license to operate a
bottle club.
3. Such application shall be in such form and shall contain such
information as shall be required by the rules of the liquor authority
and shall be accompanied by a check or draft in the amount required by
this article for such license.
4. Section fifty-four of this chapter shall control so far as
applicable the procedure in connection with such application.
5. (a) No bottle club license shall be granted for any premises which
shall be
(i) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship; or
(ii) in a city, town or village having a population of twenty thousand
or more within five hundred feet of three or more existing premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-c, and/or sixty-four-d of this article;
(iii) the measurements in subparagraphs (i) and (ii) of this paragraph
are to be taken in straight lines from the center of the nearest
entrance of the premises sought to be licensed to the center of the
nearest entrance of such school, church, synagogue or other place of
worship or to the center of the nearest entrance of each such premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-c, and/or sixty-four-d of this article; except
that no license shall be denied to any premises at which a license under
this chapter has been in existence continuously from a date prior to the
date when a building on the same street or avenue and within two hundred
feet of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship; and except that no license shall be
denied to any premises, which is within five hundred feet of three or
more existing premises licensed and operating pursuant to this section
and sections sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d
of this article, at which a license under this chapter has been in
existence continuously on or prior to November first, nineteen hundred
ninety-three. The liquor authority, in its discretion, may authorize the
removal of any such licensed premises to a different location on the
same street or avenue, within two hundred feet of said school, church,
synagogue or other place of worship, provided that such new location is
not within a closer distance to such school, church, synagogue or other
place of worship.
(b) Within the context of this subdivision, the word “entrance” shall
mean a door of a school, of a house of worship, or of premises licensed
and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-c, and/or sixty-four-d of this article or of
the premises sought to be licensed, regularly used to give ingress to
students of the school, to the general public attending the place of
worship, and to patrons or guests of the premises licensed and operating
pursuant to this section and sections sixty-four, sixty-four-a,
sixty-four-c, and/or sixty-four-d of this article or of the premises
sought to be licensed, except that where a school or house of worship or
premises licensed and operating pursuant to this section and sections
sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d of this
article or the premises sought to be licensed is set back from a public
thoroughfare, the walkway or stairs leading to any such door shall be
deemed an entrance; and the measurement shall be taken to the center of
the walkway or stairs at the point where it meets the building line or
public thoroughfare. A door which has no exterior hardware, or which is
used solely as an emergency or fire exit, or for maintenance purposes,
or which leads directly to a part of a building not regularly used by
the general public or patrons, is not deemed an “entrance”.
(c) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-a, sixty-four-c, and/or
sixty-four-d of this article if, after consultation with the
municipality or community board, it determines that granting such
license would be in the public interest. Before it may issue any such
license, the authority shall conduct a hearing, upon notice to the
applicant and the municipality or community board, and shall state and
file in its office its reasons therefor. The hearing may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such
rescheduled, adjourned or continued hearing. Before the authority issues
any said license, the authority or one or more of the commissioners
thereof may, in addition to the hearing required by this paragraph, also
conduct a public meeting regarding said license, upon notice to the
applicant and the municipality or community board. The public meeting
may be rescheduled, adjourned or continued, and the authority shall give
notice to the applicant and the municipality or community board of any
such rescheduled, adjourned or continued public meeting. Notice to the
municipality or community board shall mean written notice mailed by the
authority to such municipality or community board at least fifteen days
in advance of any hearing scheduled pursuant to this paragraph. Upon the
request of the authority, any municipality or community board may waive
the fifteen day notice requirement. No premises having been granted a
license pursuant to this section shall be denied a renewal of such
license upon the grounds that such premises are within five hundred feet
of a building or buildings wherein three or more premises are licensed
and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-c, and/or sixty-four-d of this article.
(d) Within the context of this subdivision, a building occupied as a
place of worship does not cease to be “exclusively” occupied as a place
of worship by incidental uses that are not of a nature to detract from
the predominant character of the building as a place of worship, such
uses which include, but which are not limited to: the conduct of legally
authorized games of bingo or other games of chance held as a means of
raising funds for the not-for-profit religious organization which
conducts services at the place of worship or for other not-for-profit
organizations or groups; use of the building for fund-raising
performances by or benefitting the not-for-profit religious organization
which conducts services at the place of worship or other not-for-profit
organizations or groups; the use of the building by other religious
organizations or groups for religious services or other purposes; the
conduct of social activities by or for the benefit of the congregants;
the use of the building for meetings held by organizations or groups
providing bereavement counseling to persons having suffered the loss of
a loved one, or providing advice or support for conditions or diseases
including, but not limited to, alcoholism, drug addiction, cancer,
cerebral palsy, Parkinson’s disease, or Alzheimer’s disease; the use of
the building for blood drives, health screenings, health information
meetings, yoga classes, exercise classes or other activities intended to
promote the health of the congregants or other persons; and use of the
building by non-congregant members of the community for private social
functions. The building occupied as a place of worship does not cease to
be “exclusively” occupied as a place of worship where the not-for-profit
religious organization occupying the place of worship accepts the
payment of funds to defray costs related to another party’s use of the
building.
6. The liquor authority may make such rules as it deems necessary to
carry out the provisions of this section.
7. This section shall not apply to any non-profit religious,
charitable, or fraternal organization nor to a club as defined in
section three, subdivision nine of this chapter, nor to a duly
recognized political club, except that it shall be unlawful for any of
the above to permit consumption of alcoholic beverages during the hours
prohibited by or pursuant to section one hundred six of the alcoholic
beverage control law.

S 64-c. License to manufacture and sell alcoholic beverages in a
premises commonly known as a restaurant-brewer. 1. Any person may make
an application to the state liquor authority for a license to operate a
restaurant-brewer.
2. Such application shall be in such form and shall contain such
information as shall be required by the liquor authority and shall be
accompanied by a check or draft in the amount required by this section
for such license.
4. Section fifty-four of this chapter shall control so far as
applicable the procedure in connection with such application.
5. Such restaurant-brewer license shall in form and in substance be a
license to the person specifically licensed to operate a restaurant and
sell liquor at retail to be consumed on the premises specifically
licensed. Such license shall also be deemed to include a license to:
(a) sell wine and beer at retail to be consumed under the same terms
and conditions, without the payment of any additional fee; and
(b) sell beer brewed on the premises to other retail licensees, where
such license is held by the same person holding the restaurant-brewer
license, or to commonly owned affiliate licenses, provided that such
beer is sold through a New York state licensed beer wholesaler.
6. A license under this section may only be granted to a person who
regularly and in a bona fide manner brews beer on the premises.
7. Not more than five licenses shall be granted to any person under
this section.
8. A person holding one or more licenses under this section may brew,
in the aggregate, no more than twenty thousand barrels of beer per year.
9. On or within thirty days of the effective date of this section, any
person who holds a brewer’s license under section fifty-one of this
chapter as well as a license to sell beer, wine and liquor at retail for
consumption on the premises may file an application with the liquor
authority to convert those licenses into a license under this section.
Such an application shall be granted by the authority except for good
cause shown. The granting of such an application shall constitute
conversion of said license into a restaurant-brewer license subject to
the provisions of this chapter applicable to restaurant-brewers licenses
issued under this section.
10. (a) For purposes of sections one hundred one and one hundred six
of this chapter, a person licensed under this section shall be deemed a
“retailer” as that term is defined within section three of this chapter.
Notwithstanding any provision of this chapter to the contrary, a person
licensed under this section may also be licensed (or interested directly
or indirectly in a license) to sell liquor at retail to be consumed on
or off the premises under section fifty-four, fifty-four-a, fifty-five,
fifty-five-a, seventy-nine or eighty-one of this chapter or sections
sixty-four, sixty-four-a, sixty-four-b and sixty-four-d of this article.
(b) No manufacturer or wholesaler of alcoholic beverages may be
granted a license to operate a restaurant-brewer pursuant to this
section. Any person who has an interest in premises eligible for
conversion under subdivision nine of this section shall not be issued
any license under this section unless and until a conversion application
has been filed with and approved by the authority.
11. (a) No restaurant-brewer license shall be granted for any premises
which shall be:
(i) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship; or
(ii) in a city, town or village having a population of twenty thousand
or more within five hundred feet of three or more existing premises
licensed and operating pursuant to the provisions of this section or
sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of
this article; or
(iii) the measurements in subparagraphs (i) and (ii) of this paragraph
are to be taken in straight lines from the center of the nearest
entrance of the premises sought to be licensed to the center of the
nearest entrance of such school, church, synagogue or other place of
worship or to the center of the nearest entrance of each such premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b and/or sixty-four-d of this article; except
that no license shall be denied to any premises at which a license under
this chapter has been in existence continuously from a date prior to the
date when a building on the same street or avenue and within two hundred
feet of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship and except that no license shall be
denied to any premises, which is within five hundred feet of three or
more existing premises licensed and operating pursuant to this section
and sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d
of this article, at which a license under this chapter has been in
existence continuously on or prior to November first, nineteen hundred
ninety-three.
(b) Within the context of this subdivision, the word “entrance” shall
mean a door of a school, of a house of worship, or premises licensed and
operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b and/or sixty-four-d of this article or of the
premises sought to be licensed, regularly used to give ingress to
students of the school, to the general public attending the place of
worship, and to patrons or guests of the premises licensed and operating
pursuant to this section and sections sixty-four, sixty-four-a,
sixty-four-b and/or sixty-four-d of this article or of the premises
sought to be licensed, except that where a school or house of worship or
premises licensed and operating pursuant to this section and sections
sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of this
article is set back from a public thoroughfare, the walkway or stairs
leading to any such door shall be deemed an entrance; and the
measurement shall be taken to the center of the walkway or stairs at the
point where it meets the building line or public thoroughfare. A door
which has no exterior hardware, or which is used solely as an emergency
or fire exit, or for maintenance purposes, or which leads directly to a
part of a building not regularly used by the general public or patrons,
is not deemed an “entrance”.
(c) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-a, sixty-four-b and/or
sixty-four-d of this article if, after consultation with the
municipality or community board, it determines that granting such
license would be in the public interest. Before it may issue any such
license, the authority shall conduct a hearing, upon notice to the
applicant and the municipality or community board, and shall state and
file in its office its reasons therefor. The hearing may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such
rescheduled, adjourned or continued hearing. Before the authority issues
any said license, the authority or one or more of the commissioners
thereof may, in addition to the hearing required by this paragraph, also
conduct a public meeting regarding said license, upon notice to the
applicant and the municipality or community board. The public meeting
may be rescheduled, adjourned or continued, and the authority shall give
notice to the applicant and the municipality or community board of any
such rescheduled, adjourned or continued public meeting. Notice to the
municipality or community board shall mean written notice mailed by the
authority to such municipality or community board at least fifteen days
in advance of any hearing scheduled pursuant to this paragraph. Upon the
request of the authority, any municipality or community board may waive
the fifteen day notice requirement. No premises having been granted a
license pursuant to this section shall be denied a renewal of such
license upon the grounds that such premises are within five hundred feet
of a building or buildings wherein three or more premises are operating
and licensed pursuant to this section or sections sixty-four,
sixty-four-a, sixty-four-b and/or sixty-four-d of this article.
(d) Within the context of this subdivision, a building occupied as a
place of worship does not cease to be “exclusively” occupied as a place
of worship by incidental uses that are not of a nature to detract from
the predominant character of the building as a place of worship, such
uses which include, but which are not limited to: the conduct of legally
authorized games of bingo or other games of chance held as a means of
raising funds for the not-for-profit religious organization which
conducts services at the place of worship or for other not-for-profit
organizations or groups; use of the building for fund-raising
performances by or benefitting the not-for-profit religious organization
which conducts services at the place of worship or other not-for-profit
organizations or groups; the use of the building by other religious
organizations or groups for religious services or other purposes; the
conduct of social activities by or for the benefit of the congregants;
the use of the building for meetings held by organizations or groups
providing bereavement counseling to persons having suffered the loss of
a loved one, or providing advice or support for conditions or diseases
including, but not limited to, alcoholism, drug addiction, cancer,
cerebral palsy, Parkinson’s disease, or Alzheimer’s disease; the use of
the building for blood drives, health screenings, health information
meetings, yoga classes, exercise classes or other activities intended to
promote the health of the congregants or other persons; and use of the
building by non-congregant members of the community for private social
functions. The building occupied as a place of worship does not cease to
be “exclusively” occupied as a place of worship where the not-for-profit
religious organization occupying the place of worship accepts the
payment of funds to defray costs related to another party’s use of the
building.
12. The liquor authority may in its discretion and upon such terms and
conditions as it may prescribe, issue to a licensed restaurant-brewer
upon his application therefor a supplemental license authorizing the
restaurant-brewer to sell beer brewed on the licensed premises at retail
to a person for consumption in his home, at retail in bulk by the keg,
cask or barrel for consumption and not for resale at a clambake,
barbecue, picnic, outing or other similar outdoor gathering at which
more than fifty persons are assembled and at wholesale. Such additional
license shall permit the sale of up to two hundred fifty barrels of beer
per year. No person, who holds multiple licenses under this section and
applies for and receives multiple supplemental licenses, may sell, under
those supplemental licenses, in the aggregate more than one thousand
barrels of beer per year.
13. For the exercise of the privilege granted by such supplemental
license issued under subdivision twelve of this section there is
assessed a fee to be paid by the licensee in the sum of eleven hundred
twenty-five dollars per three-year period plus a one hundred dollar
filing fee and which fee shall be in addition to the fee provided for in
this section for a restaurant-brewer license.
14. An application for a supplemental license under subdivision
thirteen of this section shall be in such form and shall contain such
information as shall be required by the liquor authority and shall be
accompanied by a check or draft in the amount required by subdivision
thirteen of this section.
15. The fee for an original and a renewal restaurant-brewer license
shall be fifty-eight hundred fifty dollars in the counties of New York,
Kings, Bronx and Queens; forty-three hundred fifty dollars in the county
of Richmond and in cities having a population of more than one hundred
thousand and less than one million; thirty-six hundred dollars in cities
having a population of more than fifty thousand and less than one
hundred thousand; and the sum of twenty-eight hundred fifty dollars
elsewhere. Said license shall run for a period of three years. In
addition to the license fees provided for in this subdivision, there
shall be paid to the authority with each initial application a filing
fee of two hundred dollars and with each renewal application a filing
fee of one hundred dollars.
16. A restaurant-brewer license issued under this section and a
supplemental license issued under this section shall run concurrently.
17. (a) A licensee or his or her employee may serve small samples of
beer or malt beverages he or she produces at their licensed
establishments.
(b) Each serving at such tasting shall be served only by the brewer or
his or her employee and shall be limited to three ounces or less of a
brand of beer or malt beverage produced by the brewer and no consumer of
legal age shall be provided or given more than two servings of such
brands offered for tasting.
(c) The authority is authorized and directed to promulgate such rules
and regulations, as it deems necessary or appropriate to implement the
provisions of this subdivision to protect the health, safety and welfare
of the people of this state.
18. Notwithstanding the provisions of subdivision six of this section
or of subdivision thirteen of section one hundred six of this chapter,
the authority may issue a restaurant brewer’s license pursuant to this
section for a premises which shall be located wholly within the town of
Ulster, county of Ulster, state of New York, bounded and described as
follows:
ALL that certain plot, piece or parcel of land with the buildings and
improvements thereon erected, situate, lying and being in the Town of
Ulster, County of Ulster and the State of New York, bounded and
described as follows:
BEGINNING at a point on the Northeasterly side of City View Terrace,
said point being the Westerly corner of the lands of the State of New
York and a Southwesterly corner of the herein described parcel; THENCE
from said point of beginning along the Northeasterly side of City View
Terrace, North 43 degrees 36 minutes 03 seconds West, 109.02 feet to a
point on the Southeasterly side of Forest Hill Drive; THENCE along the
Southeasterly side of Forest Hill Drive the following course and
distances, North 16 degrees 32 minutes 34 seconds West, 92.62 feet to a
point; THENCE North 10 degrees 38 minutes 26 seconds East, 70.45 feet to
a point; THENCE North 35 degrees 53 minutes 26 seconds East, 122.45 feet
to a point; THENCE North 46 degrees 30 minutes 26 seconds East, 203.40
feet to a point; THENCE North 62 degrees 37 minutes 26 seconds East;
115.94 feet to a point; THENCE North 79 degrees 39 minutes 26 seconds
East, 47.82 feet to a point; THENCE North 45 degrees 16 minutes 41
seconds East, 63.33 feet to a recovered bar; THENCE along the bounds of
lands of now or formerly Skytop Village Associates, L. 1916-P. 134, the
following courses and distances, South 37 degrees 08 minutes 02 seconds
East, 196.33 feet to a recovered bar; THENCE South 65 degrees 47 minutes
02 seconds East, 90.63 feet to a point; THENCE North 77 degrees 23
minutes 58 seconds East, 233.85 feet to a recovered bar; THENCE North 85
degrees 29 minutes 58 seconds East, 297.09 feet to a recovered bar;
THENCE South 63 degrees 30 minutes 02 seconds East, 108.50 feet to a
recovered bar; THENCE along the bounds of lands of now or formerly
Robert D. Sabino, L. 1487-P. 397, and along a stone wall, South 32
degrees 24 minutes 04 seconds West, 353.51 feet to a point; THENCE
leaving said stone and along the bounds of lands of now or formerly
Stanley Amerling, L. 1440-P. 908, South 75 degrees 41 minutes 26 seconds
West, 264.62 feet to a point; THENCE along the bounds of lands of Summit
Properties, LLC, L. 2856-P. 82, the following courses and distances,
North 41 degrees 29 minutes 34 seconds West, 50.00 feet to a point;
THENCE South 71 degrees 10 minutes 26 seconds West, 89.84 feet to a
point; THENCE South 59 degrees 51 minutes 26 seconds West, 251.72 feet
to a point; THENCE South 13 degrees 15 minutes 34 seconds East, 90.20
feet to a point; THENCE along the bounds of lands of said State of New
York, the following courses and distances, North 56 degrees 41 minutes
34 seconds West, 168.79 feet to a point; THENCE North 75 degrees 51
minutes 34 seconds West, 254.10 feet to the point and place of
beginning. Being the same premises as conveyed to Skytop Motel, LLC by
deed of Stewart Title, as agent of the grantor, Skytop Motel, Inc.,
dated April 29, 2003 and recorded in the office of the Ulster County
Clerk on June 10, 2003 as document no. 2003-00016207, Receipt no. 48178,
Bk-D VI-3621, pg-171.

S 64-d. License to sell liquor on premises commonly known as a
cabaret. 1. Any person may make an application to the state liquor
authority to operate a cabaret.
2. Such application shall be in such form and shall contain such
information as shall be required by the liquor authority and shall be
accompanied by a check or draft in the amount required by this article
for such license.
4. Section fifty-four of this chapter shall control so far as
applicable the procedure in connection with such application.
5. Such cabaret license shall in form and in substance be a license to
the person specifically licensed to operate a cabaret and sell liquor at
retail to be consumed on the premises specifically licensed. Such
license shall also be deemed to include a license to sell wine and beer
at retail to be consumed under the same terms and conditions, without
the payment of any additional fee.
6. A license under this section shall be required of any licensee upon
whose premises musical entertainment, singing, dancing or other forms of
entertainment is permitted; provided, however, that this section shall
only apply to licensees whose premises have a capacity for the
assemblage of six hundred or more persons. Nothing contained in this
subdivision shall be construed as requiring a license under this section
by an establishment licensed under section sixty-four or paragraph (b)
of subdivision six of section sixty-four-a of this article.
7. The authority shall consider all of the following in determining
whether public convenience and advantage and the public interest will be
promoted by the granting of a license pursuant to this section:
(a) the number, classes and character of licenses in proximity to the
location and in the particular municipality or subdivision thereof;
(b) evidence that applicants have secured all necessary licenses and
permits from the state and all other governing bodies;
(c) the effect that the granting of the license will have on vehicular
traffic and parking in the proximity of the location;
(d) the existing noise level at the location and any increase in noise
level that would be generated by the proposed premises;
(e) the history of liquor violations and reported criminal activity at
the proposed premises; and
(f) any other factors specified by law or regulation that are relevant
to determine the public convenience or advantage and necessary to find
that the granting of such license shall be in the public interest.
8. No cabaret license shall be granted for any premises which shall
be:
(a) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship or
(b) in a city, town or village having a population of twenty thousand
or more within five hundred feet of an existing premises licensed and
operating pursuant to the provisions of this section, or within five
hundred feet of three or more existing premises licensed and operating
pursuant to this section and sections sixty-four, sixty-four-a,
sixty-four-b, and/or sixty-four-c of this article.
(c) the measurements in paragraphs (a) and (b) of this subdivision are
to be taken in straight lines from the center of the nearest entrance of
the premises sought to be licensed to the center of the nearest entrance
of such school, church, synagogue or other place of worship or to the
center of the nearest entrance of each such premises licensed and
operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b, and/or sixty-four-c of this article; except
that no license shall be denied to any premises at which a license under
this chapter has been in existence continuously from a date prior to the
date when a building on the same street or avenue and within two hundred
feet of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship; and except that no license shall be
denied to any premises, which is within five hundred feet of an existing
premises licensed and operating pursuant to the provisions of this
section or which is within five hundred feet of three or more existing
premises licensed and operating pursuant to this section and sections
sixty-four, sixty-four-a, sixty-four-b, and/or sixty-four-c of this
article, at which a license under this chapter has been in existence
continuously on or prior to November first, nineteen hundred
ninety-three. The liquor authority, in its discretion, may authorize the
removal of any such licensed premises to a different location on the
same street or avenue, within two hundred feet of said school, church,
synagogue or other place of worship, provided that such new location is
not within a closer distance to such school, church, synagogue or other
place of worship.
(d) within the context of this subdivision, the word “entrance” shall
mean a door of a school, of a house of worship, or of premises licensed
and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b, and/or sixty-four-c of this article or of
the premises sought to be licensed, regularly used to give ingress to
students of the school, to the general public attending the place of
worship, and to patrons or guests of the premises licensed and operating
pursuant to this section and sections sixty-four, sixty-four-a,
sixty-four-b, and/or sixty-four-c of this article or of the premises
sought to be licensed, except that where a school or house of worship or
premises licensed and operating pursuant to this section and sections
sixty-four, sixty-four-a, sixty-four-b, and/or sixty-four-c of this
article or the premises sought to be licensed is set back from a public
thoroughfare, the walkway or stairs leading to any such door shall be
deemed an entrance; and the measurement shall be taken to the center of
the walkway or stairs at the point where it meets the building line or
public thoroughfare. A door which has no exterior hardware, or which is
used solely as an emergency or fire exit, or for maintenance purposes,
or which leads directly to a part of a building not regularly used by
the general public or patrons, is not deemed an “entrance”.
(e) notwithstanding the provisions of paragraph (b) of this
subdivision, the authority may issue a license pursuant to this section
for a premises which shall be within five hundred feet of an existing
premises licensed and operating pursuant to the provisions of this
section or within five hundred feet of three or more existing premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if,
after consultation with the municipality or community board, it
determines that granting such license would be in the public interest.
Before it may issue any such license, the authority shall conduct a
hearing, upon notice to the applicant and the municipality or community
board, and shall state and file in its office its reasons therefor. The
hearing may be rescheduled, adjourned or continued, and the authority
shall give notice to the applicant and the municipality or community
board of any such rescheduled, adjourned or continued hearing. Before
the authority issues any said license, the authority or one or more of
the commissioners thereof may, in addition to the hearing required by
this paragraph, also conduct a public meeting regarding said license,
upon notice to the applicant and the municipality or community board.
The public meeting may be rescheduled, adjourned or continued, and the
authority shall give notice to the applicant and the municipality or
community board of any such rescheduled, adjourned or continued public
meeting. Notice to the municipality or community board shall mean
written notice mailed by the authority to such municipality or community
board at least fifteen days in advance of any hearing scheduled pursuant
to this paragraph. Upon the request of the authority, any municipality
or community board may waive the fifteen day notice requirement. No
premises having been granted a license pursuant to this section shall be
denied a renewal of such license upon the grounds that such premises are
within five hundred feet of an existing premises licensed and operating
pursuant to the provisions of this section or within five hundred feet
of a building or buildings wherein three or more premises are licensed
and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b, and/or sixty-four-c of this article.
(f) Within the context of this subdivision, a building occupied as a
place of worship does not cease to be “exclusively” occupied as a place
of worship by incidental uses that are not of a nature to detract from
the predominant character of the building as a place of worship, such
uses which include, but which are not limited to: the conduct of legally
authorized games of bingo or other games of chance held as a means of
raising funds for the not-for-profit religious organization which
conducts services at the place of worship or for other not-for-profit
organizations or groups; use of the building for fund-raising
performances by or benefitting the not-for-profit religious organization
which conducts services at the place of worship or other not-for-profit
organizations or groups; the use of the building by other religious
organizations or groups for religious services or other purposes; the
conduct of social activities by or for the benefit of the congregants;
the use of the building for meetings held by organizations or groups
providing bereavement counseling to persons having suffered the loss of
a loved one, or providing advice or support for conditions or diseases
including, but not limited to, alcoholism, drug addiction, cancer,
cerebral palsy, Parkinson’s disease, or Alzheimer’s disease; the use of
the building for blood drives, health screenings, health information
meetings, yoga classes, exercise classes or other activities intended to
promote the health of the congregants or other persons; and use of the
building by non-congregant members of the community for private social
functions. The building occupied as a place of worship does not cease to
be “exclusively” occupied as a place of worship where the not-for-profit
religious organization occupying the place of worship accepts the
payment of funds to defray costs related to another party’s use of the
building.
9. On or within ninety days of the effective date of this section, any
person who holds a license under section sixty-four of this article to
sell beer, wine and liquor at retail for consumption on the premises and
who operates pursuant to the provisions of subdivision six of this
section shall file an application with the liquor authority to convert
such license into a license under this section. Such an application
shall be granted by the authority except for good cause shown. The
granting of such an application shall constitute conversion of said
license into a cabaret license subject to the provisions of this chapter
applicable to cabaret licenses issued under this section; provided,
however, that no licensee applying for such conversion shall be denied
on the grounds that such application fails to meet the requirements of
subdivision eight of this section.
10. All other provisions of this chapter relative to licenses to sell
liquor at retail for consumption on the premises shall apply as far as
applicable.

S 65. Prohibited sales. No person shall sell, deliver or give away or
cause or permit or procure to be sold, delivered or given away any
alcoholic beverages to
1. Any person, actually or apparently, under the age of twenty-one
years;
2. Any visibly intoxicated person;
3. Any habitual drunkard known to be such to the person authorized to
dispense any alcoholic beverages.
4. Neither such person so refusing to sell or deliver under this
section nor his or her employer shall be liable in any civil or criminal
action or for any fine or penalty based upon such refusal, except that
such sale or delivery shall not be refused, withheld from or denied to
any person on account of race, creed, color or national origin.
5. The provisions of subdivision one of this section shall not apply
to a person who gives or causes to be given any such alcoholic beverage
to a person under the age of twenty-one years, who is a student in a
curriculum licensed or registered by the state education department and
is required to taste or imbibe alcoholic beverages in courses which are
part of the required curriculum, provided such alcoholic beverages are
used only for instructional purposes during classes conducted pursuant
to such curriculum.
6. In any proceeding pursuant to section one hundred eighteen of this
chapter to revoke, cancel or suspend a license to sell alcoholic
beverages, in which proceeding it is alleged that a person violated
subdivision one of this section;
(a) it shall be an affirmative defense that such person had produced a
photographic identification card apparently issued by a governmental
entity and that the alcoholic beverage had been sold, delivered or given
to such person in reasonable reliance upon such identification. In
evaluating the applicability of such affirmative defense, the authority
shall take into consideration any written policy adopted and implemented
by the seller to carry out the provisions of paragraph (b) of
subdivision two of section sixty-five-b of this article; and
(b) it shall be an affirmative defense that at the time of such
violation such person who committed such alleged violation held a valid
certificate of completion or renewal from an entity authorized to give
and administer an alcohol training awareness program pursuant to
subdivision twelve of section seventeen of this chapter. Such licensee
shall have diligently implemented and complied with all of the
provisions of the approved training program. In such proceeding to
revoke, cancel or suspend a license pursuant to section one hundred
eighteen of this chapter, the licensee must prove each element of such
affirmative defense by a preponderance of the credible evidence.
Evidence of three unlawful sales of alcoholic beverages by any employee
of a licensee to persons under twenty-one years of age, within a two
year period, shall be considered by the authority in determining whether
the licensee had diligently implemented such an approved program.
7. In any proceeding pursuant to section one hundred eighteen of this
chapter to revoke, cancel or suspend a license to sell alcoholic
beverages, in which proceeding a charge is sustained that a person
violated subdivision one or two of this section and the licensee has not
had any adjudicated violation of this chapter at the licensed premises
where the violation occurred within the previous five year period; and
(a) at the time of such violation the person that committed such
violation held a valid certificate of completion or renewal from an
entity authorized to give and administer an alcohol training awareness
program pursuant to subdivision twelve of section seventeen of this
chapter, the civil penalty related to such offense shall be recovery of,
as provided for in section one hundred twelve of this chapter, the penal
sum of the bond on file during the period in which the violation took
place; or
(b) at the time of such violation the licensee has not had any
adjudicated violations of this chapter at the licensed premises where
the violation occurred within the previous five year period, any civil
penalty imposed shall be reduced by twenty-five percent if the licensee
submits written proof, within ninety days of the imposition of such
civil penalty, that all of the licensee’s employees involved in the
direct sale or service of alcoholic beverages to the public at the
licensed premises where the violation occurred have obtained a valid
certificate of completion or renewal from an entity authorized to give
and administer an alcohol training awareness program pursuant to
subdivision twelve of section seventeen of this chapter.
For the purposes of this subdivision, the five year period shall be
measured from the dates that the violations occurred.

S 65-a. Procuring alcoholic beverages for persons under the age of
twenty-one years. Any person who misrepresents the age of a person
under the age of twenty-one years for the purpose of inducing the sale
of any alcoholic beverage, as defined in the alcoholic beverage control
law, to such person, is guilty of an offense and upon conviction thereof
shall be punished by a fine of not more than two hundred dollars, or by
imprisonment for not more than five days, or by both such fine and
imprisonment.

S 65-b. Offense for one under age of twenty-one years to purchase or
attempt to purchase an alcoholic beverage through fraudulent means. 1.
As used in this section: (a) “A device capable of deciphering any
electronically readable format” or “device” shall mean any commercial
device or combination of devices used at a point of sale or entry that
is capable of reading the information encoded on the magnetic strip or
bar code of a driver’s license or non-driver identification card issued
by the commissioner of motor vehicles;
(b) “Card holder” means any person presenting a driver’s license or
non-driver identification card to a licensee, or to the agent or
employee of such licensee under this chapter; and
(c) “Transaction scan” means the process involving a device capable of
deciphering any electronically readable format by which a licensee, or
agent or employee of a licensee under this chapter reviews a driver’s
license or non-driver identification card presented as a precondition
for the purchase of an alcoholic beverage as required by subdivision two
of this section or as a precondition for admission to an establishment
licensed for the on-premises sale of alcoholic beverages where admission
is restricted to persons twenty-one years or older.
2. (a) No person under the age of twenty-one years shall present or
offer to any licensee under this chapter, or to the agent or employee of
such licensee, any written evidence of age which is false, fraudulent or
not actually his own, for the purpose of purchasing or attempting to
purchase any alcoholic beverage.
(b) No licensee, or agent or employee of such licensee shall accept as
written evidence of age by any such person for the purchase of any
alcoholic beverage, any documentation other than: (i) a valid driver’s
license or non-driver identification card issued by the commissioner of
motor vehicles, the federal government, any United States territory,
commonwealth or possession, the District of Columbia, a state government
within the United States or a provincial government of the dominion of
Canada, or (ii) a valid passport issued by the United States government
or any other country, or (iii) an identification card issued by the
armed forces of the United States. Upon the presentation of such
driver’s license or non-driver identification card issued by a
governmental entity, such licensee or agent or employee thereof may
perform a transaction scan as a precondition to the sale of any
alcoholic beverage. Nothing in this section shall prohibit a licensee or
agent or employee from performing such a transaction scan on any of the
other documents listed in this subdivision if such documents include a
bar code or magnetic strip that may be scanned by a device capable
of deciphering any electronically readable format.
(c) In instances where the information deciphered by the transaction
scan fails to match the information printed on the driver’s license or
non-driver identification card presented by the card holder, or if the
transaction scan indicates that the information is false or fraudulent,
the attempted purchase of the alcoholic beverage shall be denied.
3. A person violating the provisions of paragraph (a) of subdivision
two of this section shall be guilty of a violation and shall be
sentenced in accordance with the following:
(a) For a first violation, the court shall order payment of a fine of
not more than one hundred dollars and/or an appropriate amount of
community service not to exceed thirty hours. In addition, the court may
order completion of an alcohol awareness program established pursuant to
section 19.25 of the mental hygiene law.
(b) For a second violation, the court shall order payment of a fine of
not less than fifty dollars nor more than three hundred fifty dollars
and/or an appropriate amount of community service not to exceed sixty
hours. The court also shall order completion of an alcohol awareness
program as referenced in paragraph (a) of this subdivision if such
program has not previously been completed by the offender, unless the
court determines that attendance at such program is not feasible due to
the lack of availability of such program within a reasonably close
proximity to the locality in which the offender resides or matriculates,
as appropriate.
(c) For third and subsequent violations, the court shall order payment
of a fine of not less than fifty dollars nor more than seven hundred
fifty dollars and/or an appropriate amount of community service not to
exceed ninety hours. The court also shall order that such person submit
to an evaluation by an appropriate agency certified or licensed by the
office of alcoholism and substance abuse services to determine whether
the person suffers from the disease of alcoholism or alcohol abuse,
unless the court determines that under the circumstances presented such
an evaluation is not necessary, in which case the court shall state on
the record the basis for such determination. Payment for such evaluation
shall be made by such person. If, based on such evaluation, a need for
treatment is indicated, such person may choose to participate in a
treatment plan developed by an agency certified or licensed by the
office of alcoholism and substance abuse services. If such person elects
to participate in recommended treatment, the court shall order that
payment of such fine and community service be suspended pending the
completion of such treatment.
(d) Evaluation procedures. For purposes of this subdivision, the
following shall apply:
(i) The contents of an evaluation pursuant to paragraph (c) of this
subdivision shall be used for the sole purpose of determining if such
person suffers from the disease of alcoholism or alcohol abuse.
(ii) The agency designated by the court to perform such evaluation
shall conduct the evaluation and return the results to the court within
thirty days, subject to any state or federal confidentiality law, rule
or regulation governing the confidentiality of alcohol and substance
abuse treatment records.
(iii) The office of alcoholism and substance abuse services shall make
available to each supreme court law library in this state, or, if no
supreme court law library is available in a certain county, to the
county court law library of such county, a list of agencies certified to
perform evaluations as required by subdivision (f) of section 19.07 of
the mental hygiene law.
(iv) All evaluations required under this subdivision shall be in
writing and the person so evaluated or his or her counsel shall receive
a copy of such evaluation prior to its use by the court.
(v) A minor evaluated under this subdivision shall have, and shall be
informed by the court of, the right to obtain a second opinion regarding
his or her need for alcoholism treatment.
4. A person violating the provisions of paragraph (b) of subdivision
two of this section shall be guilty of a violation punishable by a fine
of not more than one hundred dollars, and/or an appropriate amount of
community service not to exceed thirty hours. In addition, the court may
order completion of an alcohol training awareness program established
pursuant to subdivision twelve of section seventeen of this chapter
where such program is located within a reasonably close proximity to the
locality in which the offender is employed or resides.
5. No determination of guilt pursuant to this section shall operate as
a disqualification of any such person subsequently to hold public
office, public employment, or as a forfeiture of any right or privilege
or to receive any license granted by public authority; and no such
person shall be denominated a criminal by reason of such determination.
6. In addition to the penalties otherwise provided in subdivision
three of this section, if a determination is made sustaining a charge of
illegally purchasing or attempting to illegally purchase an alcoholic
beverage, the court may suspend such person’s license to drive a motor
vehicle and the privilege of an unlicensed person of obtaining such
license, in accordance with the following and for the following periods,
if it is found that a driver’s license was used for the purpose of such
illegal purchase or attempt to illegally purchase; provided, however,
that where a person is sentenced pursuant to paragraph (b) or (c) of
subdivision three of this section, the court shall impose such license
suspension if it is found that a driver’s license was used for the
purpose of such illegal purchase or attempt to illegally purchase:
(a) For a first violation of paragraph (a) of subdivision two of this
section, a three month suspension.
(b) For a second violation of paragraph (a) of subdivision two of this
section, a six month suspension.
(c) For a third or subsequent violation of paragraph (a) of
subdivision two of this section, a suspension for one year or until the
holder reaches the age of twenty-one, whichever is the greater period of
time.
Such person may thereafter apply for and be issued a restricted use
license in accordance with the provisions of section five hundred thirty
of the vehicle and traffic law.
7. (a) In any proceeding pursuant to subdivision one of section
sixty-five of this article, it shall be an affirmative defense that such
person had produced a driver’s license or non-driver identification card
apparently issued by a governmental entity, successfully completed the
transaction scan, and that the alcoholic beverage had been sold,
delivered or given to such person in reasonable reliance upon such
identification and transaction scan. In evaluating the applicability of
such affirmative defense, the liquor authority shall take into
consideration any written policy adopted and implemented by the seller
to carry out the provisions of this chapter. Use of a transaction scan
shall not excuse any licensee under this chapter, or agent or employee
of such licensee, from the exercise of reasonable diligence otherwise
required by this section. Notwithstanding the above provisions, any such
affirmative defense shall not be applicable in any other civil or
criminal proceeding, or in any other forum.
(b) A licensee or agent or employee of a licensee may electronically
or mechanically record and maintain only the information from a
transaction scan necessary to effectuate the purposes of this section.
Such information shall be limited to the following: (i) name, (ii) date
of birth, (iii) driver’s license or non-driver identification number,
and (iv) expiration date. The liquor authority and the state
commissioner of motor vehicles shall jointly promulgate any regulation
necessary to govern the recording and maintenance of these records by a
licensee under this chapter. The liquor authority and the commissioner
of health shall jointly promulgate any regulations necessary to ensure
quality control in the use of transaction scan devices.
8. A licensee or agent or employee of such licensee shall only use the
information recorded and maintained through the use of such devices for
the purposes contained in paragraph (a) of subdivision seven of this
section, and shall only use such devices for the purposes contained in
subdivision two of this section. No licensee or agent or employee of a
licensee shall resell or disseminate the information recorded during
such scan to any third person. Such prohibited resale or dissemination
includes, but is not limited to, any advertising, marketing or
promotional activities. Notwithstanding the restrictions imposed by this
subdivision, such records may be released pursuant to a court ordered
subpoena or pursuant to any other statute that specifically authorizes
the release of such information. Each violation of this subdivision
shall be punishable by a civil penalty of not more than one thousand
dollars.

S 65-c. Unlawful possession of an alcoholic beverage with the intent
to consume by persons under the age of twenty-one years. 1. Except as
hereinafter provided, no person under the age of twenty-one years shall
possess any alcoholic beverage, as defined in this chapter, with the
intent to consume such beverage.
2. A person under the age of twenty-one years may possess any
alcoholic beverage with intent to consume if the alcoholic beverage is
given:
(a) to a person who is a student in a curriculum licensed or
registered by the state education department and the student is required
to taste or imbibe alcoholic beverages in courses which are a part of
the required curriculum, provided such alcoholic beverages are used only
for instructional purposes during class conducted pursuant to such
curriculum; or
(b) to the person under twenty-one years of age by that person’s
parent or guardian.
3. Any person who unlawfully possesses an alcoholic beverage with
intent to consume may be summoned before and examined by a court having
jurisdiction of that charge; provided, however, that nothing contained
herein shall authorize, or be construed to authorize, a peace officer as
defined in subdivision thirty-three of section 1.20 of the criminal
procedure law or a police officer as defined in subdivision thirty-four
of section 1.20 of such law to arrest a person who unlawfully possesses
an alcoholic beverage with intent to consume. If a determination is made
sustaining such charge the court may impose a fine not exceeding fifty
dollars and/or completion of an alcohol awareness program established
pursuant to section 19.25 of the mental hygiene law and/or an
appropriate amount of community service not to exceed thirty hours.
4. No such determination shall operate as a disqualification of any
such person subsequently to hold public office, public employment, or as
a forfeiture of any right or privilege or to receive any license granted
by public authority; and no such person shall be denominated a criminal
by reason of such determination, nor shall such determination be deemed
a conviction.
5. Whenever a peace officer as defined in subdivision thirty-three of
section 1.20 of the criminal procedure law or police officer as defined
in subdivision thirty-four of section 1.20 of the criminal procedure law
shall observe a person under twenty-one years of age openly in
possession of an alcoholic beverage as defined in this chapter, with the
intent to consume such beverage in violation of this section, said
officer may seize the beverage, and shall deliver it to the custody of
his or her department.
6. Any alcoholic beverage seized in violation of this section is
hereby declared a nuisance. The official to whom the beverage has been
delivered shall, no earlier than three days following the return date
for initial appearance on the summons, dispose of or destroy the
alcoholic beverage seized or cause it to be disposed of or destroyed.
Any person claiming ownership of an alcoholic beverage seized under this
section may, on the initial return date of the summons or earlier on
five days notice to the official or department in possession of the
beverage, apply to the court for an order preventing the destruction or
disposal of the alcoholic beverage seized and ordering the return of
that beverage. The court may order the beverage returned if it is
determined that return of the beverage would be in the interest of
justice or that the beverage was improperly seized.

S 65-d. Posting of signs. 1. The authority shall prepare, have printed
and distribute across the state to all persons with a license to sell
alcoholic beverages for consumption on the premises or a license to sell
alcoholic beverages for consumption off the premises a sign or poster
with conspicuous lettering that states the following:
“No person shall sell or give away any alcoholic beverages to:
1. any person under the age of twenty-one years; or
2. any visibly intoxicated person.
IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF
TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE,
FRAUDULENT OR NOT ACTUALLY HIS OWN FOR THE PURPOSE OF ATTEMPTING TO
PURCHASE ANY ALCOHOLIC BEVERAGE”.
Such sign or poster shall be captioned with the word “warning” in at
least two inch lettering.
2. All persons with a license to sell alcoholic beverages for
consumption on the premises or a license to sell alcoholic beverages for
consumption off the premises shall display, in an upright position and
in a conspicuous place, where it can be easily read by the clientele of
the establishment, the sign or poster upon receiving it from the
authority.
3. Any person with such license who violates the provisions of this
section shall be subject to a civil penalty, not to exceed one hundred
dollars for each day of violation.

S 66. License fees. 1. The annual fee for a distiller’s license, class
A, shall be twelve thousand dollars.
1-a. The annual fee for a distiller’s license, class A-1, shall be two
hundred fifty dollars.
2. The annual fee for a distiller’s license, class B, shall be eight
thousand dollars.
2-a. The annual fee for a distiller’s license, class C, shall be one
hundred twenty-eight dollars.
2-b. The annual fee for a distiller’s license, class B-1, shall be
three hundred twenty dollars.
2-c. The annual fee for distiller’s license, class D, shall be one
hundred twenty-eight dollars.
3. The annual fee for a license to sell liquor at wholesale shall be
sixty-four hundred dollars.
4. The annual fee for a license, under section sixty-four or
sixty-four-a, to sell liquor at retail to be consumed on the premises
where sold shall be twenty-one hundred seventy-six dollars in the
counties of New York, Kings, Bronx and Queens; fifteen hundred
thirty-six dollars in the county of Richmond and in cities having a
population of more than one hundred thousand and less than one million;
twelve hundred sixteen dollars in cities having a population of more
than fifty thousand and less than one hundred thousand; and the sum of
eight hundred ninety-six dollars elsewhere; except that the license fees
for catering establishments shall be two-thirds the license fee
specified herein and for clubs, except luncheon clubs and golf clubs,
shall be seven hundred fifty dollars in counties of New York, Kings,
Bronx and Queens; five hundred dollars in the county of Richmond and in
cities having a population of more than one hundred thousand and less
than one million; three hundred fifty dollars in cities having a
population of more than fifty thousand and less than one hundred
thousand; and the sum of two hundred fifty dollars elsewhere. The annual
fees for luncheon clubs shall be three hundred seventy-five dollars, and
for golf clubs in the counties of New York, Kings, Bronx, Queens,
Nassau, Richmond and Westchester, two hundred fifty dollars, and
elsewhere one hundred eighty-seven dollars and fifty cents.
Notwithstanding any other provision of law to the contrary, there shall
be no annual fee for a license, under section sixty-four, to sell liquor
at retail to be consumed on the premises where the applicant is an
organization organized under section two hundred sixty of the military
law and incorporated pursuant to the not-for-profit corporation law.
Provided, however, that where any premises for which a license is issued
pursuant to section sixty-four or sixty-four-a of this article remain
open only within the period commencing April first and ending October
thirty-first of any one year, or only within the period commencing
October first and ending the following April thirtieth, the liquor
authority may, in its discretion, grant a summer or winter license
effective only for such appropriate period of time, for which a license
fee shall be paid to be pro-rated for the period for which such license
is effective, at the rate provided for in the city, town or village in
which such premises are located, except that no such license fee shall
be less than one-half of the regular annual license fee; provided
further that where the premises to be licensed are a race track or a
golf course or are licensed pursuant to section sixty-four or
sixty-four-a of this chapter, the period of such summer license may
commence March first and end November thirtieth.
Where a hotel, restaurant, club, golf course or race track is open
prior to April first and/or subsequent to October thirty-first by reason
of the issuance of a caterer’s permit or permits issued by the
authority, such fact alone shall not affect the eligibility of the
premises or the person owning or operating such hotel, restaurant, club,
golf course or race track for a summer license.
5. The annual fee for a license to sell liquor at retail not to be
consumed on the premises where sold shall be thirteen hundred sixty-six
dollars in the counties of New York, Kings, Bronx and Queens; eight
hundred fifty-four dollars in the county of Richmond and in cities
having a population of more than one hundred thousand and less than one
million; and elsewhere the sum of five hundred twelve dollars.
6. The annual fee for a license to sell liquor upon any railroad car
to be consumed on such car or any car connected therewith shall be one
hundred ninety-two dollars for each railroad car licensed.
7. The annual fee for a license to sell liquor upon any vessel in this
state to be consumed upon such vessel shall be sixteen hundred dollars
for each vessel licensed, provided, however, that where a vessel is
operated only within the period commencing April first and ending
October thirty-first of any one year, the liquor authority may, in its
discretion, grant for such vessel a summer license effective only for
such period of time, for which a license fee of four hundred forty-eight
dollars shall be paid.
8. The annual fee for a license to sell liquor upon an aircraft being
operated on regularly scheduled flights by a United States certificated
airline in this state shall be nineteen hundred twenty dollars per annum
for an airline company operating up to and including twenty such
aircraft and twenty-five hundred sixty dollars for such an airline
operating more than twenty such aircraft.
9. The annual fee for a license for a bottle club shall be the same as
the annual fee for a special license to sell liquor at retail to be
consumed on the premises, as set forth in subdivision four of this
section.
10. Notwithstanding any provision to the contrary, the annual fee for
a license for an establishment defined as an owner-occupied residence
providing at least three but no more than five rooms for temporary
transient lodgers with sleeping accommodations and a meal in the
forenoon of the day, known as a “bed and breakfast dwelling” as
authorized by subdivision five-a of section sixty-four of this article,
shall be two hundred dollars plus fifteen dollars per each available
bedroom.

S 67. License fees, duration of licenses; fee for part of year.
Effective April first, nineteen hundred eighty-three, licenses issued
pursuant to sections sixty-one, sixty-two, sixty-three, sixty-four,
sixty-four-a and sixty-four-b of this article shall be effective for
three years at three times that annual fee, except that, in implementing
the purposes of this section, the liquor authority shall schedule the
commencement dates, duration and expiration dates thereof to provide for
an equal cycle of license renewals issued under each such section
through the course of the fiscal year. Effective December first,
nineteen hundred ninety-eight, licenses issued pursuant to sections
sixty-four, sixty-four-a and sixty-four-b of this article shall be
effective for two years at two times that annual fee, except that, in
implementing the purposes of this section, the liquor authority shall
schedule the commencement dates, duration and expiration dates thereof
to provide for an equal cycle of license renewals issued under each such
section through the course of the fiscal year. Notwithstanding the
foregoing, commencing on December first, nineteen hundred ninety-eight
and concluding on July thirty-first, two thousand two, a licensee issued
a license pursuant to section sixty-four, sixty-four-a or sixty-four-b
of this article may elect to remit the fee for such license in equal
annual installments. Such installments shall be due on dates established
by the liquor authority and the failure of a licensee to have remitted
such annual installments after a due date shall be a violation of this
chapter. For licenses issued for less than the three-year licensing
period, the license fee shall be levied on a pro-rated basis. The entire
license fee shall be due and payable at the time of application. The
liquor authority may make such rules as shall be appropriate to carry
out the purpose of this section.

ARTICLE 6-Special Provisions Relating to Wine

S 75.Kinds of licenses. The following licenses may be issued for the
manufacture and sale of wine, to wit:
1. Winery license;
1-a. Farm winery license;
1-b. Temporary winery or farm winery permit;
1-c. Micro-winery license;
2. Wholesaler’s license;
3. Seven day license to sell wine at retail for consumption off the
premises subject to paragraph (a) of subdivision fourteen of section
one hundred five of this chapter.
4. License to sell wine at retail for consumption on the premises;
5. Roadside farm market license.

S 76.Winery license. 1. Any person may apply to the liquor authority
for a winery license as provided for in this article. Such application
shall be in writing and verified and shall contain such information as
the liquor authority shall require. Such application shall be
accompanied by a check or draft for the amount required by this article
for such license. If the liquor authority shall grant the application it
shall issue a license in such form as shall be determined by its rules.
2. A winery license shall authorize the holder thereof:
(a) to operate a winery for the manufacture of wine at the premises
specifically designated in the license;
(b) to receive and possess wine from other states consigned to a
United States government bonded winery, warehouse or storeroom located
within the state;
(c) to sell in bulk from the licensed premises the products
manufactured under such license and wine received by such licensee from
any other state to any winery licensee, any distiller licensee or to a
permittee engaged in the manufacture of products which are unfit for
beverage use and to sell or deliver such wine to persons outside the
state pursuant to the laws of the place of such sale or delivery;
(d) to sell from the licensed premises to a licensed wholesaler or
retailer, or to a corporation operating railroad cars or aircraft for
consumption on such carriers, wine manufactured or received by the
licensee as above set forth in the original sealed containers of not
more than fifteen gallons each and to sell or deliver such wine to
persons outside the state pursuant to the laws of the place of such sale
or delivery. All wine sold by such licensee shall be securely sealed and
have attached thereto a label setting forth such information as shall be
required by this chapter;
(e) to sell from the licensed premises to licensed farm wineries, farm
cideries, farm distilleries and farm breweries New York state labelled
wine manufactured by the licensee in the original sealed containers of
not more than fifteen gallons each; and
(f) to operate, or use the services of, a custom crush facility as
defined in subdivision nine-a of section three of this chapter.
3. (a) Any person having applied for and received a license as a
winery under this section may conduct wine tastings of New York state
labelled wines in establishments licensed under sections sixty-three and
seventy-nine of this chapter to sell wine for off-premises consumption.
Such winery may charge a fee for each wine sample tasted. The state
liquor authority shall promulgate rules and regulations regarding such
tastings as provided for in this subdivision.
(a-1) Any person having applied for and received a license as a winery
under this section may conduct wine tastings of New York state labelled
wines and apply to the liquor authority for a permit to sell wine
produced by such winery by the bottle, during such tastings in
establishments licensed under section sixty-four, section sixty-four-a,
section eighty-one or section eighty-one-a of this chapter to sell wine
for consumption on the premises. Such winery may charge a fee of no more
than twenty-five cents for each wine sample tasted. The state liquor
authority shall promulgate rules and regulations regarding such tastings
as provided for in this subdivision.
(b) Tastings shall be conducted subject to the following limitations:
(i) wine tastings shall be conducted by an official agent,
representative or solicitor of one or more wineries. Such agent,
representative or solicitor shall be physically present at all times
during the conduct of the tastings; and
(ii) any liability stemming from a right of action resulting from a
wine tasting as authorized herein and in accordance with the provisions
of sections 11-100 and 11-101 of the general obligations law, shall
accrue to the winery licensee.
(c)(i) Any person having applied for and received a license as a
winery under this section may conduct wine tastings of New York state
labelled wines and sell such wine by the bottle, during such tasting,
for off-premises consumption at outdoor or indoor gatherings, functions,
occasions or events, within the hours fixed by or pursuant to
subdivision fourteen of section one hundred five of this chapter,
sponsored by a bona fide charitable organization. For the purposes of
this paragraph, a bona fide charitable organization shall mean and
include any bona fide religious or charitable organization or bona fide
educational, fraternal or service organization or bona fide organization
of veterans or volunteer firefighters, which by its charter, certificate
of incorporation, constitution, or act of the legislature, shall have
among its dominant purposes one or more of the lawful purposes as
defined in subdivision five of section one hundred eighty-six of the
general municipal law.
(ii) Upon application, the liquor authority shall issue an annual
permit authorizing such winery to participate in outdoor or indoor
gatherings, functions, occasions or events sponsored by a charitable
organization. The winery must give the authority written or electronic
notice of the date, time and specific location of each tasting at least
fifteen days prior to the tasting. A winery that obtains a permit to
conduct such wine tastings does not need to apply for or obtain a
temporary beer or wine permit pursuant to section ninety-seven of this
chapter or any other permit to conduct such a tasting or to sell wine by
the bottle for off-premises consumption at such tastings.
(iii) Such winery may charge a fee for each wine sample tasted.
Tastings shall be conducted by an official agent, representative or
solicitor of such winery. The state liquor authority may promulgate
rules and regulations regarding such tastings as provided for in this
subdivision.
4. A licensed winery may apply to the liquor authority for a license
to sell wine at retail for consumption on the premises. All the
provisions of this chapter relative to licenses to sell wine at retail
for consumption on the premises shall apply so far as applicable to such
application.
4-a. Notwithstanding any other provision of law, any winery, licensed
pursuant to subdivision four of this section to sell wine at retail for
consumption on the premises in a restaurant in or adjacent to the
winery, may apply to the liquor authority for a license to sell beer,
wine or liquor at retail for consumption on the premises of such
restaurant. All of the provisions of this chapter relative to licenses
to sell beer, wine or liquor at retail for consumption on the premises
shall apply so far as applicable to such application.
5. Notwithstanding any provision of this chapter to the contrary, any
one or more winery licensees, singly or jointly, may apply to the liquor
authority for a license or licenses to sell wine at retail for
consumption off the premises. For licensees applying singly, the
duration of such license shall be coextensive with the duration of such
licensee’s winery license, and the fee therefor shall be five hundred
dollars if such retail premises is located in cities having a population
of one million or more; in cities having less than one million
population and more than one hundred thousand, two hundred fifty
dollars; and elsewhere, the sum of one hundred twenty-five dollars. Such
license shall entitle the holder thereof to sell at retail for
consumption off the premises any New York state labelled wine. Such
license shall also entitle the holder thereof to conduct wine tastings.
Such license shall also authorize the sale by the holder thereof of New
York state labelled wine, in sealed containers for off-premises
consumption, from the specially licensed premises of any person licensed
pursuant to section eighty-one-a of this article to sell wine at retail
for consumption on premises in which the principal business is the
operation of a legitimate theater or such other lawful adult
entertainment or recreational facility as the liquor authority may
classify for eligibility pursuant to subdivision six of section
sixty-four-a of this chapter. Not more than five such licenses shall be
issued, either singly or jointly, to any licensed winery. All other
provisions of this chapter relative to licenses to sell wine at retail
for consumption off the premises shall apply so far as applicable to
such application. The liquor authority is hereby authorized to adopt
such rules as it may deem necessary to carry out the purpose of this
subdivision, provided that all licenses issued pursuant to this
subdivision shall be subject to the same rules and regulations as are
applicable to the sale of wine at retail for consumption off the
premises of the winery licensee.
6. Any winery licensed pursuant to this section is authorized to
engage in what is commonly known as wine by wire services whereby a
winery within the state may make deliveries on behalf of other wineries
within the state.
7. Notwithstanding any provision of this chapter to the contrary, a
licensed winery may apply to the liquor authority for a permit to sell
New York state labelled wine, by the bottle, at the state fair, at
recognized county fairs and at farmers markets operated on a
not-for-profit basis. As a condition of the permit, an agent,
representative, or solicitor from the winery must be present at the time
of sale.
8. Any winery may sell or deliver such wine produced by the winery to
persons outside the state pursuant to the laws of the place of such sale
or delivery.
9. Notwithstanding any other provision of law to the contrary, a
licensed winery may sell wine for consumption upon the premises known as
the New York state fairgrounds during the annual New York state fair
without obtaining any additional permission or payment of any additional
fee, provided that such winery applies for, is granted and maintains a
concessionaire’s license from the division of the New York state fair in
the department of agriculture and markets and such wine is sold and
dispensed in amounts of ten ounces or less and further provided that
consumption of such wine shall be limited to and shall occur upon such
premises.
10. Notwithstanding any provision of this chapter to the contrary, and
upon payment to the liquor authority of an additional annual fee of one
hundred twenty-five dollars, the liquor authority may in its discretion
and upon such terms and conditions as it may prescribe, issue to a
licensed winery upon application therefor a certificate authorizing such
winery to sell wine at retail in sealed containers to a regularly
organized church, synagogue or religious organization for sacramental
purposes, and to a householder for consumption in his home.
11. (a) A licensed winery may manufacture, bottle and sell fruit
juice, fruit jellies and fruit preserves, tonics, salad dressings and
unpotable wine sauces on and from licensed premises.
(b) Such license shall authorize the holder thereof to store and sell
gift items in a tax-paid room upon the licensed premises. These gift
items shall be limited to the following categories:
(i) Non-alcoholic beverages for consumption on or off premises,
including but not limited to bottled water, juice and soda beverages.
(ii) Food items for the purpose of complementing wine tasting shall
mean a diversified selection of food which is ordinarily consumed
without the use of tableware and can conveniently be consumed while
standing or walking. Such food items shall include but not be limited
to: cheeses, fruits, vegetables, chocolates, breads and crackers.
(iii) Food items, which shall include locally produced farm products
and any food or food product not specifically prepared for immediate
consumption upon the premises. Such food items may be combined into a
package containing wine or wine product.
(iv) Wine supplies and accessories, which shall include any item
utilized for the storage, serving or consumption of wine or for
decorative purposes. These supplies may be sold as single items or may
be combined into a package containing wine or a wine product.
(v) Souvenir items, which shall include, but not be limited to
artwork, crafts, clothing, agricultural products and any other articles
which can be construed to propagate tourism within the region.
(vi) New York state labelled wine produced or manufactured by any
other New York state winery or farm winery licensee. Such wine may be
purchased outright by the licensee from a New York winery or farm winery
licensee or obtained on a consignment basis pursuant to a written
agreement between the selling and purchasing licensee.
(c) Notwithstanding any provision of this chapter to the contrary, any
winery licensee may charge:
(i) For tours of its premises; and
(ii) For any wine tastings.
(d) Wine grape growers or wine producer organizations or associations,
incorporated within the state for the purpose of wine or wine grape
promotion may hold wine tastings for purposes of education in the
production and proper use of wine products under the same rules applying
to winery licensees.
(e) The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this subdivision.
(f) A licensed winery may engage in any other business on the licensed
premises subject to such rules and regulations as the liquor authority
may prescribe. In prescribing such rules and regulations, the liquor
authority shall promote the expansion and profitability of wine
production and of tourism in New York, thereby promoting the
conservation, production and enhancement of New York state agricultural
lands. Further, such rules and regulations shall determine which
businesses will be compatible with the policy and purposes of this
chapter and shall consider the effect of particular businesses on the
community and area in the vicinity of the winery licensee.
12. A licensed winery shall be permitted to remain open for the
purposes of selling its products, in accordance with the provisions of
subdivisions two and four of this section, and/or conducting wine
tasting at the winery, and/or conducting public tours of its winery
and/or to sell New York state labelled wine, by the bottle, at the state
fair, at recognized county fairs and at farmers markets operated on a
not-for-profit basis in accordance with the provisions of this section
on Sunday between the hours of ten o’clock in the morning and midnight.
The authority is hereby authorized to promulgate rules and regulations
to effectuate the purposes of this subdivision.
13. Notwithstanding any other provision of law to the contrary, a
winery licensed pursuant to this section may engage in custom wine
production allowing individuals to assist in the production of wine for
sale for personal or family use, provided, however, that (a) the wine
must be purchased by the individual assisting in the production of such
wine; and (b) the owner, employee or agent of such winery shall be
present at all times during such production.

S 76-a.Farm winery license. 1. Any person may apply to the liquor
authority for a farm winery license as provided for in this article.
Such application shall be in writing and verified and shall contain such
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. If the liquor authority shall grant the
application it shall issue a license in such form as shall be determined
by its rules.
2. A farm winery license shall authorize the holder thereof to:
(a) operate a farm winery for the manufacture of wine or cider at the
premises specifically designated in the license;
(b) sell in bulk from the licensed premises the products manufactured
under such license to any winery licensee, any other farm winery
licensee, any distiller licensee or to a permittee engaged in the
manufacture of products which are unfit for beverage use and to sell or
deliver such wine to persons outside the state pursuant to the laws of
the place of such sale or delivery;
(c) sell from the licensed premises to a licensed winery, farm
distiller, farm brewery, farm cidery, wholesaler or retailer, or to a
corporation operating railroad cars or aircraft for consumption on such
carriers, or at retail for consumption off the premises, wine or cider
manufactured by the licensee as above set forth and to sell or deliver
such wine or cider to persons outside the state pursuant to the laws of
the place of such sale or delivery. All wine or cider sold by such
licensee for consumption off the premises shall be securely sealed and
have attached thereto a label setting forth such information as shall be
required by this chapter;
(d) operate, or use the services of, a custom crush facility as
defined in subdivision nine-a of section three of this chapter;
(e) sell cider and wine at retail for consumption on or off the
premises;
(f) sell wine at retail for consumption on the premises of a
restaurant, conference center, inn, bed and breakfast or hotel business
owned and operated by the licensee in or adjacent to the farm winery for
which the licensee is licensed. A licensee who operates a restaurant,
conference center, inn, bed and breakfast or hotel pursuant to such
authority shall comply with all applicable provisions of this chapter
which relate to licenses to sell wine at retail for consumption on the
premises.
3. (a) Any person having applied for and received a license as a farm
winery under this section may conduct wine tastings of New York state
labelled wines in establishments licensed under section sixty-three of
this chapter and section seventy-nine of this article to sell wine for
off-premises consumption. Such farm winery may charge a fee for each
wine sample tasted. The state liquor authority shall promulgate rules
and regulations regarding such tastings as provided for in this
subdivision.
(b) Any person having applied for and received a license as a farm
winery under this section may conduct wine tastings of New York state
labelled wines and apply to the liquor authority for a permit to sell
wine produced by such farm winery, by the bottle, during such tastings
in establishments licensed under sections sixty-four and sixty-four-a of
this chapter and section eighty-one or section eighty-one-a of this
article to sell wine for consumption on the premises. Such farm winery
may charge a fee of no more than twenty-five cents for each wine sample
tasted. The state liquor authority shall promulgate rules and
regulations regarding such tastings as provided for in this subdivision.
(c) Tastings shall be conducted subject to the following limitations:
(i) wine tastings shall be conducted by an official agent,
representative or solicitor of one or more farm wineries. Such agent,
representative or solicitor shall be physically present at all times
during the conduct of the tastings; and
(ii) any liability stemming from a right of action resulting from a
wine tasting as authorized herein and in accordance with the provisions
of sections 11-100 and 11-101 of the general obligations law, shall
accrue to the farm winery.
(d) (i) Any person having applied for and received a license as a farm
winery under this section may conduct wine tastings of New York state
labelled wines and sell such wine by the bottle, during such tasting,
for off-premises consumption at outdoor or indoor gatherings, functions,
occasions or events, within the hours fixed by or pursuant to
subdivision fourteen of section one hundred five of this chapter,
sponsored by a bona fide charitable organization. For the purposes of
this paragraph, a bona fide charitable organization shall mean and
include any bona fide religious or charitable organization or bona fide
educational, fraternal or service organization or bona fide organization
of veterans or volunteer firefighters, which by its charter, certificate
of incorporation, constitution, or act of the legislature, shall have
among its dominant purposes one or more of the lawful purposes as
defined in subdivision five of section one hundred eighty-six of the
general municipal law.
(ii) Upon application, the liquor authority shall issue an annual
permit authorizing such farm winery to participate in such outdoor or
indoor gatherings, functions, occasions or events sponsored by a
charitable organization. The farm winery must give the authority written
or electronic notice of the date, time and specific location of each
tasting at least fifteen days prior to the tasting. A farm winery that
obtains a permit to conduct such wine tastings does not need to apply
for or obtain a temporary beer or wine permit pursuant to section
ninety-seven of this chapter or any other permit to conduct such a
tasting or to sell wine by the bottle for off-premises consumption at
such tastings.
(iii) Such farm winery may charge a fee for each wine sample tasted.
Tastings shall be conducted by an official agent, representative or
solicitor of such farm winery. The state liquor authority may adopt
rules and regulations regarding such tastings as provided in this
subdivision.
3-a. Notwithstanding any other provision of law, any farm winery,
licensed pursuant to subdivision two of this section to sell wine at
retail for consumption on the premises in a restaurant, conference
center, inn, bed and breakfast or hotel business owned and operated by
the licensee in or adjacent to such farm winery, may apply to the liquor
authority for a license to sell beer and/or liquor at retail for
consumption on the premises of such facility. All of the provisions of
this chapter relative to licenses to sell beer, wine or liquor at retail
for consumption on the premises shall apply so far as applicable to such
application.
4. (a) A farm winery license shall authorize the holder thereof to
manufacture, bottle and sell fruit juice, fruit jellies and fruit
preserves, tonics, salad dressings and unpotable wine sauces on and from
the licensed premises.
(b) Such license shall authorize the holder thereof to store and sell
gift items in a tax-paid room upon the licensed premises incidental to
the sale of wine. These gift items shall be limited to the following
categories:
(1) Non-alcoholic beverages for consumption on or off premises,
including but not limited to bottled water, juice and soda beverages.
(2) Food items for the purpose of complimenting wine tastings, shall
mean a diversified selection of food which is ordinarily consumed
without the use of tableware and can conveniently be consumed while
standing or walking. Such food items shall include but not be limited
to: cheeses, fruits, vegetables, chocolates, breads and crackers.
(3) Food items, which shall include locally produced farm products and
any food or food product not specifically prepared for immediate
consumption upon the premises. Such food items may be combined into a
package containing wine or a wine product.
(4) Wine supplies and accessories, which shall include any item
utilized for the storage, serving or consumption of wine or for
decorative purposes. These supplies may be sold as single items or may
be combined into a package containing wine or a wine product.
(5) Souvenir items, which shall include, but not be limited to
artwork, crafts, clothing, agricultural products and any other articles
which can be construed to propagate tourism within the region.
(6) New York state labelled wine or liquors produced or manufactured
by any other New York state winery or farm winery licensee or by the
holder of any distiller’s license. Such wine or liquors may be purchased
outright by the licensee from a New York winery or farm winery licensee
or the holder of any distiller’s license or obtained on a consignment
basis pursuant to a written agreement between the selling and purchasing
licensee.
(7) Wine-making equipment and supplies including, but not limited to,
grapes, grape juice, grape must, home wine-making kits, presses, pumps,
bottling equipment, filters, yeasts, chemicals and other wine additives,
wine storage or fermenting vessels, barrels, and books or other written
material to assist wine-makers and home wine-makers to produce and
bottle wine.
(c) The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this subdivision.
(d) A licensed farm winery may engage in any other business on the
licensed premises subject to such rules and regulations as the liquor
authority may prescribe. In prescribing such rules and regulations, the
liquor authority shall promote the expansion and profitability of wine
production and of tourism in New York, thereby promoting the
conservation, production and enhancement of New York state agricultural
lands. Further, such rules and regulations shall determine which
businesses will be compatible with the policy and purposes of this
chapter and shall consider the effect of particular businesses on the
community and area in the vicinity of the farm winery licensee.
(e) Notwithstanding any provision of this chapter to the contrary, any
farm winery licensee may charge:
(i) For tours of its premises; and
(ii) For any wine tastings.
5. (a) Except as provided in paragraph (b) of this subdivision, no
licensed farm winery shall manufacture or sell any wine not produced
exclusively from grapes or other fruits or agricultural products grown
or produced in New York state.
(b) In the event that the commissioner of agriculture and markets,
after investigating and compiling information pursuant to subdivision
forty-two of section sixteen of the agriculture and markets law,
determines that a natural disaster, act of God, or continued adverse
weather condition has destroyed no less than forty percent of a specific
grape varietal grown or produced in New York state and used for
winemaking, the commissioner, in consultation with the chairman of the
state liquor authority, may give authorization to a duly licensed farm
winery to manufacture or sell wine produced from grapes grown outside
this state. No such authorization shall be granted to a farm winery
licensee unless such licensee certifies to the commissioner the quantity
of New York grown grapes unavailable to such licensee due to such
natural disaster, act of God or continuing adverse weather condition and
satisfies the commissioner that reasonable efforts were made to obtain
grapes from a New York state source for such wine making purpose. No
farm winery shall utilize an amount of out-of-state grown grapes or
juice exceeding the amount of New York grown grapes that such winery is
unable to obtain due to the destruction of New York grown grapes by a
natural disaster, act of God or continuing adverse weather condition as
determined by the commissioner of agriculture and markets pursuant to
this subdivision. For purposes of this subdivision, the department of
agriculture and markets and the state liquor authority are authorized to
adopt rules and regulations as they may deem necessary to carry out the
provisions of this subdivision which shall include ensuring that in
manufacturing wine farm wineries utilize grapes grown or produced in New
York state to the extent they are reasonably available, prior to
utilizing grapes or juice from an out-of-state source for such purpose.
(c) The commissioner of agriculture and markets shall make available
to farm wineries and to the public each specific grape varietal loss
determination issued pursuant to paragraph (b) of this subdivision on or
before August twentieth of each year.
(d) In the event that the continuing effects of a natural disaster,
act of God, or adverse weather condition which occurred prior to August
twentieth of each year or the effects of a natural disaster, act of God,
or adverse weather condition which occurs subsequent to August twentieth
each year results in any grape varietal loss which meets the standards
provided in paragraph (b) of this subdivision, the commissioner of
agriculture and markets, in consultation shall with the chairman of the
state liquor authority, may issue additional grape varietal loss
determinations and shall expeditiously make available to farm wineries
and to the public each specific grape varietal loss determination issued
pursuant to this paragraph prior to October tenth of each year.
6. Notwithstanding any other provision of this chapter, a farm winery
license shall authorize the holder thereof to:
(a) Offer for sale or solicit any order in the state for the sale of
any New York state labelled wine manufactured by the licensee or any
other winery or farm winery licensed pursuant to this article.
(b) Engage as a broker in the purchase and sale of New York state
labelled wines for a fee or commission for or on behalf of any winery or
farm winery licensed pursuant to this article.
(c) Maintain a warehouse on the premises pursuant to section
ninety-six of this chapter for the warehousing of any New York state
labelled wines manufactured by any winery or farm winery licensed
pursuant to this article. Any winery or farm winery that maintains such
a warehouse must comply with the provisions of section ninety-six of
this chapter.
(d) Deliver or transport any New York state labelled wine manufactured
or produced by the licensee or any other winery or farm winery licensed
pursuant to this article in any vehicle owned, leased or hired by the
licensee. The New York state labelled wine can be delivered, transported
or sold by the licensee to any holder of: (i) a winery or farm winery
license, (ii) a license to sell alcoholic beverages for consumption on
the premises, (iii) a license to sell alcoholic beverages for
consumption off the premises, (iv) or any person that can receive or
purchase wine from a farm winery. The licensee is not required to obtain
from the liquor authority a trucking permit or pay any fees pursuant to
section ninety-four of this chapter.
(e) Sell for consumption off the premises New York state labelled
liquors manufactured by the holder of a class A-1, B-1, or C distiller’s
license.
(f) Conduct tastings of New York state labelled liquors manufactured
by the holder of a class A-1, B-1, or C distiller’s license. All liquor
tastings conducted pursuant to this paragraph shall be conducted in the
same manner as tastings of brandy pursuant to section seventy-six-e of
this article.
(g) Conduct tastings of and sell at retail for consumption off the
premises New York state labelled beer manufactured by a licensed brewer
or farm brewery.
(h) Conduct tastings of and sell at retail for consumption off the
premises New York state labelled cider manufactured by a licensed
brewer, licensed farm brewery, licensed farm winery, licensed cider
producer or licensed farm cidery.
7. The holder of a license issued under this section may operate up to
five branch offices located away from the licensed farm winery. Such
locations, although not required to be on a farm, shall be considered
part of the licensed premises and all activities allowed at and limited
to the farm winery may be conducted at the branch offices. Such branch
offices shall not be located within, share a common entrance and exit
with, or have any interior access to any other business, including
premises licensed to sell alcoholic beverages at retail. Prior to
commencing operation of any such branch office, the licensee shall
notify the authority of the location of such branch office and the
authority may issue a permit for the operation of same. Such branch
offices shall not be subject to the provisions of subdivision two, three
or four of section seventy-nine of this article or the provisions of
subdivisions two and three, and paragraphs (b) and (c) of subdivision
ten of section one hundred five of this chapter.
8. No licensed farm winery shall manufacture in excess of one hundred
fifty thousand finished gallons of wine annually.
9. Notwithstanding any other provision of law to the contrary, a farm
winery licensed pursuant to this section may engage in custom wine
production allowing individuals to assist in the production of wine for
sale for personal or family use, provided, however, that (a) the wine
must be purchased by the individual assisting in the production of such
wine; and (b) the owner, employee or agent of such winery shall be
present at all times during such production.
10. Notwithstanding any other provision of this chapter, a farm winery
license shall authorize the holder thereof to sell wines manufactured or
produced by such licensee to a roadside farm market pursuant to section
seventy-six-f of this article.

S 76-b.Temporary winery or farm winery permit. 1. Any person may
apply to the liquor authority for a temporary permit to operate a
winery, farm winery, special winery, or special farm winery. Such
application shall be in writing and verified and shall contain
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft for the amount required by this
article for such permit. Such application fee shall offset any
subsequently assessed fees required by this article for the issuance of
a winery, farm winery, special winery, or special farm winery license to
such applicant.
2. Upon application, the liquor authority shall issue such temporary
permit when the applicant:
(a) has a winery, farm winery, special winery, or special farm winery
license application pending before the liquor authority, and the
beginning of the harvest season for grapes or any other fruit or product
necessary for the production or manufacture of wine at that facility
will occur within thirty days; or
(b) is in good faith negotiating with or has entered into an agreement
with a winery, farm winery, special winery, or special farm winery
licensee to purchase, obtain or acquire part or full ownership rights in
the assets or stock of such existing licensee; or
(c) due to unforeseen circumstances or an emergency situation is in
need of a permit to ensure the continued or future operation of an
existing winery facility.
3. The liquor authority in granting such permit shall ensure that:
(a) issuance of the permit will not inordinately hinder the operation
or effective administration of this article.
(b) the applicant would in all likelihood be able to ultimately obtain
a permanent winery, farm winery, special winery, or special farm winery
license.
(c) the applicant has substantially complied with the requirements
necessary to obtain such license.
(d) upon issuance of the temporary permit, the existing license for
said premises shall have been surrendered to, or placed into safekeeping
with, the authority pursuant to rules of the liquor authority.
4. The application for a permit shall be approved or denied by the
liquor authority within forty-five days after the receipt of such
application.
5. A temporary permit shall authorize the holder thereof to operate a
winery, farm winery, special winery, or special farm winery as the case
may be, for the manufacture and sale of wine at the premises
specifically designated in the permit. Further, it shall authorize the
holder of the permit to conduct any of the activities permitted,
respectively, by section seventy-six, seventy-six-a, seventy-six-c or
seventy-six-d of this article.
6. Such temporary permit shall remain in effect for six months or
until the permittee is issued a permanent winery, farm winery, special
winery, or special farm winery license, whichever is shorter. Such
permit may be extended at the discretion of the authority for additional
three month periods of time upon payment of an additional fee of fifty
dollars for each such extension. Notwithstanding any other provision of
law, a temporary permit may be summarily cancelled or suspended at any
time if the liquor authority determines that good cause for such
cancellation or suspension exists. The liquor authority shall promptly
notify the holder of such permit in writing of such cancellation or
suspension and shall set forth the reasons for such action.
7. The liquor authority in reviewing such application shall review the
entire record and grant it unless good cause is otherwise shown. A
decision on an application shall be based on substantial evidence in the
record and supported by a preponderance of the evidence in favor of the
applicant.

S 76-c.Special winery license. 1. Any person may apply to the liquor
authority for a license to operate a special winery on the premises of
an existing winery licensee. Such application shall be in writing and
verified and shall contain such information as the liquor authority
shall require. Such application shall be accompanied by a check or draft
for the amount required by this article for such license. If the liquor
authority shall grant the application it shall issue a license in such
form as shall be determined by its rules.
2. The provisions of section seventy-six of this article relating to
the operation of a winery shall also apply to the holder of a license
under this section.
3. Notwithstanding any other provision of this chapter, a special
winery license shall authorize the holder thereof to sell wines
manufactured or produced by such licensee to a roadside farm market
pursuant to section seventy-six-f of this article.

S 76-d.Special farm winery license. 1. Any person may apply to the
liquor authority to operate a special farm winery on the premises of an
existing farm winery licensee as provided for in this article. Such
application shall be in writing and verified and shall contain such
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. If the liquor authority shall grant the
application it shall issue a license in such form as shall be determined
by its rules.
2. The provisions of section seventy-six-a of this article relating to
the operation of a farm winery shall also apply to the holder of a
license under this section.

S 76-e. Special provisions relating to wineries and farm wineries
holding a distiller’s license. 1. Any person who holds a winery license
pursuant to section seventy-six of this article or a farm winery license
pursuant to section seventy-six-a of this article and, in addition to
such license, holds a distiller’s license pursuant to section sixty-one
of this chapter, and who conducts wine tastings pursuant to the
provisions of such sections seventy-six and seventy-six-a of this
article, shall be authorized to conduct tastings of brandy manufactured
by such licensed winery or licensed farm winery, at such wine tastings.
2. All consumer tastings of brandy shall be conducted subject to the
following limitations:
(a) Tastings of brandy shall be conducted by an official agent of one
or more persons licensed pursuant to section sixty-one of this chapter.
Such agent shall be physically present upon the premises at all times
during the conducting of the consumer tasting of brandy.
(b) No such person or persons licensed pursuant to section sixty-one
of this chapter, and no official agent thereof, may provide, directly or
indirectly: (i) more than a total of three samples of brandy for tasting
to a person in one calendar day; or (ii) a sample of brandy for tasting
equal to more than one-quarter fluid ounce.
(c) Any liability stemming from a right of action resulting from a
consumer tasting of brandy authorized by this section and in accordance
with the provisions of sections 11-100 and 11-101 of the general
obligations law, shall accrue to the persons licensed pursuant to
section sixty-one of this chapter, who conducted such tasting.
3. The state liquor authority shall promulgate rules and regulations
regarding brandy tastings as provided for in this section.
4. Any person who holds a winery license pursuant to section
seventy-six of this article or a farm winery license pursuant to section
seventy-six-a of this article, and who is authorized to sell wine for
consumption off the premises pursuant to the provisions of such sections
seventy-six and seventy-six-a of this article, shall be authorized to
sell brandy manufactured by such licensed winery or licensed farm winery
for consumption off the premises. Such sale of brandy for consumption
off the premises shall only occur at the licensed winery or farm winery
and not at any other off-premises locations licensed to the winery or
farm winery, pursuant to subdivision four of section seventy-six of this
article. The sale of brandy at a winery or farm winery shall also be
subjected to the same hours of operation as set forth for the sale of
wine at a winery or farm winery. The authority shall promulgate rules
and regulations for the sale of brandy at wineries or farm wineries for
off-premises consumption.

S 76-f. Roadside farm market license. 1. Any person owning or
operating a roadside farm market may apply to the liquor authority for a
roadside farm market license to sell wine pursuant to this section. Such
application shall be in writing and verified, and shall contain such
information as the liquor authority shall require and shall be
accompanied by a check or draft for the amount required by this article
for such license. If the liquor authority shall grant the application,
it shall issue a license in such form as shall be determined by its
rules, and the license shall remain in effect for one year.
2. For the purposes of this section, the term “roadside farm market”
means a building or structure located on a farm operation, as defined in
subdivision eleven of section three hundred one of the agriculture and
markets law, except for a commercial horse boarding operation, in which
New York agricultural products are primarily sold by producers, growers
or farmers of such agricultural products to the general public, and the
term “New York agricultural product” means any agricultural or
aquacultural product of the soil or water that has been grown, harvested
or produced within the state, including but not limited to fruits,
vegetables, eggs, dairy products, meat and meat products, poultry and
poultry products, fish and fish products, grain and grain products,
honey, nuts, preserves, maple sap products, apple cider, fruit juice,
and Christmas trees.
3. A roadside farm market license shall authorize the holder thereof
to sell wine manufactured or produced by up to two duly licensed farm or
special wineries or micro-wineries that are located within twenty miles
of the roadside farm market by the bottle for off-premises consumption;
provided that such market’s owner, operator or representative shall be
present at all times during which wine is being offered for sale. Such
market shall be deemed to possess a warehouse permit and be permitted to
warehouse up to twenty cases of wine; provided that such market shall
abide by all rules and regulations promulgated pursuant to section
ninety-six of this chapter and any other rules and regulations
promulgated by the liquor authority to implement the provisions of this
section to ensure that wine stored or kept by such market is segregated
and kept in a safe and secure location when such market is closed for
business.
4. The sale of wine pursuant to this section shall occur only within
the hours fixed by or pursuant to subdivision fourteen of section one
hundred five of this chapter. Notwithstanding the provisions of section
eighty of this article or any other provision of law, no wine tastings
shall be conducted at a roadside farm market that sells wine for
off-premises consumption pursuant to the provisions of this section.
5. The liquor authority, in consultation with the department of
agriculture and markets, shall promulgate any rules and regulations
necessary to implement the provisions of this section.

* S 77.Custom winemakers’ center. 1. Any person may apply to the
authority on or before December thirty-first, two thousand nineteen for
a custom winemakers’ center license as provided for in this section to
operate a custom winemakers’ center facility and provide individuals
with rental space, the use of equipment and storage facilities, and/or
fruit for the production of wine by such individuals for personal
household use and not for resale in accordance with state and federal
laws, rules, and regulations authorizing such production. Such
application shall be in writing and verified and shall contain such
information as the authority shall require, provided, however, the
holder of such license under this section may renew such license on or
after December thirty-first, two thousand nineteen. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. If the authority grants the application, it
shall issue a license in such form as shall be determined by its rules.
Such license shall contain a description of the licensed premises and in
form and in substance shall be a license to the person therein
specifically designated to operate such center to manufacture wine for
personal household use in the premises therein specifically licensed.
2. For the purposes of this section, “fruit” shall mean grapes, other
fruits, fruit juices, and other agricultural products including, but not
limited to, honey and flowers, that are grown or produced in the state
of New York.
3. A custom winemakers’ center license shall authorize the holder
thereof to operate a facility for individuals to rent space, equipment,
and storage facilities and, if necessary, to purchase fruit to
manufacture wine for personal household use provided that the
manufacture and production of wine for personal household consumption
and use is done in accordance with state and federal laws and
regulations. Such a license shall also authorize the licensee, provided
such activities are permitted by the federal Alcohol and Tobacco Tax and
Trade Bureau for the manufacture of tax exempt wine for personal
household use, to:
(a) conduct training classes on how to manufacture wine; and
(b) conduct wine tastings for those individuals taking such classes
and/or using such facilities for the production of wine at the licensed
facility provided that the tastings shall be subject to the following
limitations:
(i) tastings shall be conducted by the licensee or by an official
agent of the licensee. Such licensee or agent shall be physically
present at all times during the conduct of the tastings; and
(ii) any liability stemming from a right of action resulting from a
tasting of wine as authorized herein and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to such center.
4. The custom winemakers’ center licensee shall be subject to the
supervision of the authority to ensure that the licensee and the
individuals utilizing such center are in compliance with the provisions
of this chapter, state laws, rules, and regulations, and the laws,
rules, and regulations of the federal Alcohol and Tobacco Tax and Trade
Bureau.
5. The licensee or an official agent of the licensee shall be
physically present at all times during the facility’s hours of
operations.
6. The annual aggregate production of wine at any such center for all
individuals making wine at such premises, pursuant to a custom
winemakers’ center license, shall not exceed the production limits set
forth by the authority that are commensurate with a non-commercial
production facility. Provided that such aggregate production limit shall
not be offset by wine produced at such facility under a winery’s license
or farm winery license.
7. Notwithstanding any other provision of this chapter, the authority
may issue a custom winemakers’ center license to the holder of a farm
winery or winery license for use at such licensee’s existing licensed
premises.
8. The authority is hereby authorized to promulgate rules and
regulations to effectuate the purposes of this section.
9. The licensee must maintain a record of the name, address, and
contact information of the individual or individuals that have used such
facility and the annual amount of wine produced by each individual at
the facility pursuant to the rules of the authority.
* NB Effective May 13, 2017

S 78.Wholesaler’s wine license. 1. The procedure contained in
section sixty-two hereof shall apply so far as applicable to
applications for a wholesaler’s wine license. Such license shall
contain a description of the licensed premises and in form and in
substance shall be a license to the person therein specifically
designated to sell wine at wholesale in the premises therein
specifically licensed in the original sealed containers of not more than
fifteen gallons each to duly licensed manufacturers, wholesalers,
retailers and permittees in this state, and to sell or deliver such wine
to persons outside the state pursuant to the laws of the place of such
sale or delivery.
2. Upon payment to the liquor authority of an additional annual fee of
one hundred twenty-five dollars, the liquor authority may in its
discretion and upon such terms and conditions as it may prescribe, issue
to a wholesale wine licensee upon application therefor a certificate
authorizing such wholesaler to sell wine at retail in sealed containers
to a regularly organized church, synagogue or religious organization for
sacramental purposes.

S 79.Seven day license to sell wine at retail for consumption off the
premises. 1. The procedure set forth in section sixty-three of this
chapter shall apply so far as applicable to applications for seven day
licenses to sell wine at retail for off-premise consumption. Such seven
day license shall in form and in substance be a license to the person
specifically licensed to sell wine at retail for off-premise
consumption.
1-a. The liquor authority shall convert all current licenses to sell
wine at retail for consumption off the premises to seven day licenses to
sell wine at retail for consumption off the premises pursuant to
subdivision three of section seventy-five of this article. However, the
conversion of the license to the seven day license shall not affect
licenses other than licenses issued pursuant to subdivision three of
section seventy-five of this article prior to the effective date of part
W3 of chapter 62 of the laws of 2003.
2. Not more than one license shall be granted to any person under this
section.
3. No licensee under this section shall be engaged in any other
business in the premises licensed. The sale of those items specifically
enumerated in subdivision four of section sixty-three of this chapter
shall not constitute engaging in another business within the meaning of
this subdivision.
4. Determinations under this section with respect to the issuance of a
new license or under section one hundred eleven with respect to the
transfer to any other premises of a license issued hereunder shall be
made in accordance with public convenience and advantage.

S 79-a.Authorization to sell wine products by certain licensees for
consumption off the premises. 1. Any person licensed to sell beer at
retail for consumption off the premises, pursuant to section fifty-four
of this chapter, shall, by virtue of such license and upon payment to
the liquor authority of an additional fee in the sum of one hundred
sixty-five dollars in cities having a population of one hundred thousand
or over and eighty-three dollars elsewhere, be granted authorization to
sell from the licensed premises wine products in sealed containers for
consumption off such premises. Upon receipt of such additional fee, the
liquor authority shall promptly issue a permit authorizing such sales by
the licensee.
2. Notwithstanding any other provisions of this chapter, any person
receiving a permit pursuant to this section shall be subject to such
provisions of this chapter as are applicable to persons licensed
pursuant to section fifty-four of this chapter, and not to those
provisions which are applicable only to persons licensed pursuant to
sections sixty-three and seventy-nine of this chapter.

S 79-b.Authorization to sell wine products by certain licensees for
consumption on the premises. 1. Any person licensed to sell beer at
retail for consumption on the premises, pursuant to section fifty-five
of this chapter, shall, by virtue of such license and upon payment to
the liquor authority of an additional fee in the sum of one hundred
ninety-two dollars in cities having a population of one hundred thousand
or over and ninety-six dollars elsewhere, be granted authorization to
sell from the licensed premises wine products in sealed containers at
retail for consumption on or off such premises. Upon receipt of such
additional fee, the liquor authority shall promptly issue a permit
authorizing such sales by the licensee.
1-a. Any person licensed to sell beer at retail for consumption on the
premises, pursuant to section fifty-five-a of this chapter, shall, by
virtue of such license and upon payment to the liquor authority of an
additional fee in the sum of one hundred ninety-two dollars in cities
having a population of one hundred thousand or over and ninety-six
dollars elsewhere, be granted authorization to sell from the licensed
premises wine products in sealed containers at retail for consumption on
such premises. Upon receipt of such additional fee, the liquor authority
shall promptly issue a permit authorizing such sales by the licensee.
2. Notwithstanding any other provisions of this chapter, any person
receiving a permit pursuant to this section shall be subject to such
provisions of this chapter as are applicable to persons licensed
pursuant to section fifty-five of this chapter, and not to those
provisions which are applicable only to persons licensed pursuant to
sections sixty-four and eighty of this chapter.

S 79-c. Direct interstate wine shipments. 1. Authorization.
Notwithstanding any provision of law, rule or regulation to the
contrary, any holder of a license to manufacture wine in any other state
who obtains an out-of-state direct shipper’s license, as provided in
this section, may ship no more than thirty-six cases (no more than nine
liters each case) of wine produced by such license holder per year
directly to a resident of New York who is at least twenty-one years of
age, for such resident’s personal use and not for resale, provided the
state in which such person is so licensed affords lawful means for
shipments of wine to be received by a resident thereof who is at least
twenty-one years of age, for such resident’s personal use and not for
resale, from a person licensed in this state as a manufacturer and,
provided further, that the state in which such out-of-state winery is
located affords to New York state winery and farm winery licensees
reciprocal shipping privileges, meaning shipping privileges that are
substantially similar to the requirements in this section. No person
shall place an order for shipment of wine unless they are twenty-one
years of age or older. Any common carrier with a permit issued pursuant
to this chapter to whom such out-of-state shipper’s license is presented
is authorized to make delivery of shipments provided for hereunder in
this state in compliance with this section.
2. License. Before sending any shipment hereunder to a resident in
this state, the out-of-state shipper shall first obtain a license from
the authority under procedures prescribed by rules and regulations of
the authority and after providing the authority with a true copy of its
current license to manufacture wine in the applicant’s state of domicile
along with a copy of the applicant’s federal basic permit after payment
of an annual fee of one hundred twenty-five dollars. Notwithstanding the
provisions of section one hundred ten of this chapter, the authority in
its discretion, may excuse an out-of-state winery from the submission of
such information.
3. Licensee’s responsibilities. The holder of an out-of-state direct
shipper’s license shall:
(a) ship no more than thirty-six cases (no more than nine liters each
case) per year of wine produced by such license holder directly to a New
York state resident who is at least twenty-one years of age, for such
resident’s personal use and not for resale;
(b) ensure that the outside of each shipping container used to ship
wine directly to a New York resident is conspicuously labeled with the
words: “CONTAINS WINE – SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED
FOR DELIVERY – NOT FOR RESALE,” or with other language specifically
approved by the New York state liquor authority;
(c) maintain records in such manner and form as the authority may
direct, showing the total amount of wine shipped into the state each
calendar year; the names and addresses of the purchasers to whom the
wine was shipped, the date purchased, the name of the common carrier
used to deliver the wine, and the quantity and value of each shipment;
(d) in connection with the acceptance of an order for a delivery of
wine to a New York resident, require the prospective customer to
represent that he or she has attained the age of twenty-one years or
more and that the wine being purchased will not be resold or introduced
into commerce;
(e) require common carriers to:
(i) require a recipient, at the delivery address, upon delivery, to
demonstrate that the recipient is at least twenty-one years of age by
providing a valid form of photographic identification authorized by
section sixty-five-b of this chapter;
(ii) require a recipient to sign an electronic or paper form or other
acknowledgement of receipt as approved by the authority; and
(iii) refuse delivery when the proposed recipient appears to be under
twenty-one years of age and refuses to present valid identification as
required by subparagraph (i) of this paragraph;
(f) file returns with and pay to the New York state department of
taxation and finance all state and local sales taxes and excise taxes
due on sales into this state in accordance with the applicable
provisions of the tax law relating to such taxes, the amount of such
taxes to be determined on the basis that each sale in this state was at
the location where delivery is made;
(g) keep all records required by this section for three years and
provide copies of such records, upon written request, to the authority
or the department of taxation and finance;
(h) permit the authority or the department of taxation and finance to
perform an audit of such out-of-state shipper upon request;
(i) execute a written consent to the jurisdiction of this state, its
agencies and instrumentalities and the courts of this state concerning
enforcement of this section and any related laws, rules, or regulations,
including tax laws, rules or regulations; and
(j) prior to obtaining an out-of-state direct shipper’s license,
obtain a certificate of authority pursuant to section eleven hundred
thirty-four of the tax law and a registration as a distributor pursuant
to sections four hundred twenty-one and four hundred twenty-two of the
tax law.
4. Situs. Delivery of a shipment in this state by the holder of an
out-of-state direct shipper’s license shall be deemed to constitute a
sale in this state at the place of delivery and shall be subject to all
excise taxes levied pursuant to section four hundred twenty-four of the
tax law and all sales taxes levied pursuant to articles twenty-eight and
twenty-nine of such law.
5. Renewal. The out-of-state shipper may annually renew its license
with the authority by paying a one hundred twenty-five dollar renewal
fee, providing the authority with a true copy of its current license in
such other state as an alcoholic beverage manufacturer and by complying
with such other procedures as are prescribed by rule of the authority.
6. Rules and regulations. The authority and the department of taxation
and finance may promulgate rules and regulations to effectuate the
purposes of this section.
7. Enforcement. The authority may enforce the requirements of this
section including the requirements imposed on the common carrier, by
administrative proceedings to suspend or revoke an out-of-state
shipper’s license and the authority may accept payment of an
administrative fine in lieu of suspension, such payments to be
determined by rules or regulations promulgated by the authority. In
addition, the authority or the attorney general of the state of New York
shall report violations of this section, where appropriate, to the
United States department of treasury, tax and trade bureau, for
administrative action to suspend or revoke the federal basic permit.
8. Violations. In any action brought under this section, the common
carrier and the licensee shall only be held liable for their independent
acts.

S 79-d. Direct intrastate wine shipments. Any person having applied
for and received a license as a winery or farm winery under sections
seventy-six, seventy-six-a, seventy-six-b, seventy-six-c, seventy-six-d
and seventy-six-f of this article may ship no more than thirty-six cases
(no more than nine liters per case) of wine produced by such winery for
farm winery per year directly to a New York state resident who is at
least twenty-one years of age, for such resident’s personal use and not
for resale.
1. Licensee’s shipping responsibilities. Notwithstanding any provision
to the contrary contained in this chapter, any above referred licensee
shall:
(a) in the case of a farm winery licensee or a winery licensee, ship
no more than thirty-six cases (no more than nine liters) per year of
wine produced by such license holder directly to a New York state
resident who is at least twenty-one years of age, for such resident’s
personal use and not for resale;
(b) ensure that the outside of each shipping container used to ship
wine directly to a New York state resident is conspicuously labeled with
the words: “CONTAINS WINE – SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED
FOR DELIVERY,” or with other language specifically approved by the New
York state liquor authority;
(c) maintain records in such manner and form as the authority may
direct showing the total amount of wine shipped in the state each
calendar year, the names and addresses of the purchasers to whom the
wine was shipped, the date purchased, the name of the common carrier
used to deliver the wine, and the quantity and value of each shipment.
Such records shall be kept for three years and, upon written request, be
provided to the authority or the department of taxation and finance;
(d) in connection with the acceptance of an order for a delivery of
wine to a New York resident, require the prospective customer to
represent that he or she has attained the age of twenty-one years or
more and that the wine being purchased will not be resold or introduced
into commerce; and
(e) require common carriers to:
(i) require a recipient, at the delivery address, upon delivery, to
demonstrate that the recipient is at least twenty-one years of age by
providing a valid form of photographic identification authorized by
section sixty-five-b of this chapter;
(ii) require a recipient to sign an electronic or paper form or other
acknowledgment of receipt as approved by the authority; and
(iii) refuse delivery when the proposed recipient appears to be under
twenty-one years of age and refuses to present valid identification as
required by paragraph (a) of this subdivision.
2. Violations. In any action brought under this section, the common
carrier and the licensee shall only be held liable for their independent
acts.

S 80.Wine tasting. 1. Except as otherwise provided for in this
chapter, any person licensed to sell wine pursuant to this article, or
section sixty-three or section seventy-nine of this chapter, shall be
permitted to conduct wine tastings only upon the licensed premises. Wine
tastings which are conducted under the auspices of an official agent of
a farm winery, winery, wholesaler, or importer and where such agent is
physically present at all times during the conduct of the tasting, then,
in that event, any liability stemming from a right of action resulting
from a wine tasting as authorized herein, and in accordance with the
provisions of sections 11-100 and 11-101 of the general obligations law,
shall accrue to the farm winery, winery, wholesaler, or importer.
2. In addition to such other wine tastings permitted under this
chapter, licensed farm wineries, wineries, and wine wholesalers may
apply for a permit, pursuant to paragraph k of subdivision one of
section ninety-nine-b of this chapter, to conduct wine tastings. Such
permits shall be valid throughout the state and may be issued on an
annual basis or for individual events. Each such permit and the exercise
of the privilege granted thereby shall be subject to such rules of the
liquor authority as it deems necessary.

S 81.License to sell wine at retail for consumption on the premises.
1. The procedure set forth in section sixty-four hereof shall apply so
far as applicable to applications for licenses to sell wine at retail
for consumption on the premises, except as provided in subdivision two
of this section.
2. No such license shall be issued to any person for any premises
other than premises for which a license may be issued under section
sixty-four of this chapter or a hotel or premises which are kept, used,
maintained, advertised or held out to the public to be a place where
food is prepared and served for consumption on the premises in such
quantities as to satisfy the liquor authority that the sale of wine
intended is incidental to and not the prime source of revenue from the
operation of such premises. Such license may also include such suitable
space outside the licensed premises and adjoining it as may be approved
by the liquor authority.
3. Such license shall in form and in substance be a license to the
person specifically licensed to sell wine at retail, to be consumed upon
the premises. Such license shall also be deemed to include a license to
sell beer and soju at retail to be consumed under the same terms and
conditions without the payment of any additional fee. For the purposes
of this subdivision, “soju” shall mean an imported Korean alcoholic
beverage that contains not more than twenty-four per centum alcohol, by
volume, and is derived from agricultural products.
4. A restaurant licensed to sell wine under this section may permit a
patron to remove one unsealed bottle of wine for off-premises
consumption provided that the patron has purchased a full course meal
and consumed a portion of the bottle of wine with such meal on the
restaurant premises. For the purposes of this subdivision the term “full
course meal” shall mean a diversified selection of food which is
ordinarily consumed with the use of tableware and cannot conveniently be
consumed while standing or walking. A partially consumed bottle of wine
that is to be removed from the premises pursuant to this subdivision
shall be securely sealed by the licensee or an agent of the licensee
prior to removal from the premises, in a bag such that it is visibly
apparent that such resealed bottle of wine has not been tampered with.
Such licensee or agent of the licensee shall provide a dated receipt for
the bottle of wine to the patron.

S 81-a.Special license to sell wine at retail for consumption on the
premises. 1. On or after the effective date hereof, any person may make
an application to the appropriate board for a special license to sell
wine at retail to be consumed on the premises where sold.
2. Such special license shall in form and in substance be a license to
the person specifically licensed to sell wine at retail to be consumed
on the premises specifically licensed. Such license shall also be deemed
to include a license to sell beer at retail to be consumed under the
same terms and conditions, without the payment of any additional fee.
3. The provisions contained in subdivisions three, four, six, eight
and nine of section sixty-four-a shall apply to applicants for licenses
under this section.
4. a. No such license shall be issued to any person for any premises
other than premises for which a license may be issued under section
sixty-four of this chapter or a hotel or premises which are kept, used,
maintained, advertised or held out to the public to be a place where
food is prepared and served for consumption on the premises in such
quantities as to satisfy the liquor authority that the sale of wine
intended is incidental to and not the prime source of revenue from the
operation of such premises. Such license may also include such suitable
space outside the licensed premises and adjoining it as may be approved
by the liquor authority.
b. Notwithstanding paragraph a of this subdivision, a special
on-premises license for a premises in which the principal business shall
be the operation of a legitimate theater by a corporation organized
pursuant to the not-for-profit corporation law may be granted
notwithstanding the proximity of such premises to any school, provided
that the availability of alcoholic beverages on such premises shall not
be advertised in any way at such premises in any manner visible from
such street or avenue.

S 82.Prohibited sales. The restrictions contained in section
sixty-five hereof shall apply to persons licensed to sell wine at retail.

S 83.License fees. 1. The annual fee for a winery license shall be
six hundred twenty-five dollars.
1-a. The annual fee for a farm winery license shall be one hundred
twenty-five dollars, provided that the annual fee for a farm winery
manufacturing no more than fifteen hundred finished gallons of wine
annually shall be fifty dollars.
1-b. The fee for a temporary winery or farm winery permit shall be one
hundred twenty-five dollars.
1-d. The fee for each license issued for a winery or farm winery
licensee’s authority to conduct wine tastings and the sale of New York
state labelled wines for off-premises consumption pursuant to paragraph
(c) of subdivision two of section seventy-six of this article shall be
forty dollars.
2. The annual fee for a license to sell wine at wholesale shall be
eight hundred dollars.
3. The annual fee for a license to sell wine at retail, not to be
consumed on the premises, shall be six hundred forty dollars for each
such place where such business is carried on in cities having a
population of one million or more; in cities having less than one
million population and more than one hundred thousand, three hundred
twenty dollars; and elsewhere, the sum of one hundred forty-five
dollars.
4. The annual fee for selling wine at retail, to be consumed on the
premises where sold, shall be as follows:
(a) In cities having a population of one hundred thousand or over the
sum of four hundred eighty dollars per year; and
(b) Elsewhere, the sum of two hundred forty dollars per year.
4-a. The annual fee for a license to sell wine at retail to be
consumed on the premises where sold where the premises to be licensed
remain open only within the period commencing April first and ending
October thirty-first of any one year or only within the period
commencing October first and ending the following April thirtieth, the
liquor authority, in its discretion, may grant a summer or winter
license effective only for such appropriate period of time, for which an
annual fee of one hundred twelve dollars shall be paid.
5. The annual fee for a special license to sell wine at retail, to be
consumed on the premises where sold, shall be as follows:
(a) In cities having a population of one hundred thousand or over, the
sum of five hundred seventy-six dollars per year; and
(b) Elsewhere, the sum of two hundred seventy dollars per year.
6. The annual fee for a special winery license shall be six hundred
twenty-five dollars.
7. The annual fee for a special farm winery license shall be one
hundred twenty-five dollars.
8. The annual fee for a roadside farm market license shall be one
hundred dollars.

S 84.License fees; when due and payable; fee for part of year. The
provisions contained in section sixty-seven shall apply to all licenses
issued pursuant to this article.

S 85.Purchase from private collection. Notwithstanding any other
provisions of this chapter any nonlicensed person owning bottled wine is
authorized to sell that wine to a wholesale or retail licensee
authorized to sell wine. The licensee involved in such sale shall ensure
that each bottle of wine sold from a private collection has a
permanently affixed label stating that the wine was acquired from a private collection.

ARTICLE 7 – Special Permits


%d bloggers like this: