New York State Law

Alcoholic Beverage Control Law

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Article 1 - Alcoholic Beverage Control Law

SHORT TITLE; POLICY OF STATE AND PURPOSE OF CHAPTER; DEFINITIONS

Section Description
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; 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.

    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, 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 wine 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  made  with wine 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.
    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.  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-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.
    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.
    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.
    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.

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Alcoholic Beverage Control Law | Law Terms Defined | F.A.Q.'s | Law Spelling Guide
01 (1-3) | 02 (10-19) | 04 (50-57a) | 04-A (58-59) | 05 (60-67) | 06 (75-85) | 07 (90-99g) | 08 (100-131) | 09 (140-147) | 10 (150-155) | 11 (160-164)

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