New York State Law

Alcoholic Beverage Control Law

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Article 5 - Alcoholic Beverage Control Law

SPECIAL PROVISIONS RELATING TO LIQUOR

Section Description
60 Kinds of licenses.
61 Distiller`s licenses.
62 Wholesaler`s liquor license.
63 License to sell liquor at retail for consumption off the premises.
63-A Liquor tasting.
64 License to sell liquor at retail for consumption on the premises.
64-A Special license to sell liquor at retail for consumption on the premises.
64-B License to sell liquor on premises commonly known as a bottle club.
64-C License to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer.
64-D License to sell liquor on premises commonly known as a cabaret.
65 Prohibited sales.
65-A Procuring alcoholic beverages for persons under the age of twenty-one years.
65-B Offense for one under age of twenty-one years to purchase or attempt to purchase an alcoholic beverage through fraudulent means.
65-C Unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of twenty-one years.
65-D Posting of signs.
66 License fees.
67 License fees, duration of licenses; fee for part of year.
  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.

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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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