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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.
S 1. Short title. This chapter shall be known and may be cited and
referred to as the "alcoholic beverage control law."
S 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. It is hereby declared
that such policy 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 hereinafter provided for. It is the purpose of this
chapter to carry out that policy in the public interest. The
restrictions, regulations and provisions contained in this chapter are
enacted by the legislature for the protection, health, welfare and
safety of the people of the state.
S 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 or solid, 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 shall not be regarded as an
"alcoholic beverage" or "beverage" within the meaning of this section.
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.
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. "Cider" means the partially or fully fermented juice of fresh,
whole apples, containing more than three and two-tenths per centum but
not more than seven per centum alcohol by volume, when used for beverage
purposes, and to which nothing has been added to increase the alcoholic
content produced by natural fermentation. 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 after fermentation
with apple juice, apple juice concentrate, or sugar, separately or in
combination. Cider may contain retained or added carbon dioxide.
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 proposes, 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 membership by the payment of his 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. 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.
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.
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-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 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 restaurant located upon the
same premises.
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.
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.
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, at
least seventy-five percent the volume of which were grown 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. "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.
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.
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, 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. No other product shall be called "wine" unless designated by
appropriate prefixes descriptive of the fruit or other product from
which the same was predominantly produced, or 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.