New York State Law
Alcoholic Beverage Control Law
Consolidated Laws of New York's ABC code
Article 7 - Alcoholic Beverage Control Law
SPECIAL PERMITS
| Section | Description |
|---|---|
| 90 | Kinds of permits. |
| 91 | Industrial alcohol permit. |
| 91-A | Industrial alcohol manufacturers` permits. |
| 92 | Alcohol permit. |
| 92-A | Alcohol distributors` permits. |
| 93 | Solicitor`s permit. |
| 93-A | Broker`s permit. |
| 94 | Trucking permit. |
| 95 | Drug store permit. |
| 96 | Warehouse permit. |
| 96-A | Bottling permit. |
| 96-B | Reconditioning permit. |
| 97 | Temporary beer and wine permit. |
| 97-A | Temporary retail permit. |
| 98 | Caterer`s permit. |
| 99 | Special permit to remain open during certain hours of the morning. |
| 99-A | Charitable permits. |
| 99-B | Miscellaneous permits. |
| 99-D | Miscellaneous fees. |
| 99-E | Change in duration of permits. |
| 99-F | Special permits for minors to entertain. |
| 99-G | Sale of privately held wines. |
S 90. Kinds of permits. The following kinds of permits may be issued for carrying on the activities enumerated in this article with respect to alcoholic beverages, alcohol or spirits. No person shall engage in any of such activities without having obtained the appropriate permit required hereby therefor: 1. Industrial alcohol permit. 2. Alcohol permit. 2-a. Alcohol distributors` permits. 3. Solicitor`s permit. 3-a. Broker`s permit. 4. Trucking permit. 5. Drug store permit. 6. Warehouse permit. 7. Temporary outdoor permit. 8. Caterer`s permit. 9. Special permit to remain open during certain hours of the morning. 10. Bottling permit. 11. Reconditioning permit. 12. Miscellaneous permits. S 91. Industrial alcohol permit. 1. An industrial alcohol permit may be issued by the liquor authority entitling the applicant to purchase alcohol intended for use in the manufacture and sale of any of the following, when they are unfit for beverage purposes, namely: (a) Denatured alcohol purchased and used pursuant to acts of Congress and regulations promulgated thereunder. (b) Patent, proprietary, medicinal, pharmaceutical, antiseptic and toilet preparations. (c) Flavoring extracts, syrups and food products. (d) Scientific, chemical, mechanical and industrial products. 2. Such permit shall be in such form as prescribed by the rules of the liquor authority and shall permit the purchaser to use said alcohol for the purpose named in such permit and in accordance with the terms and conditions of such permit and the rules of the liquor authority. 3. Such permit shall be issued for a calendar year, and the fee therefor shall be sixty-four dollars per year, or for any part thereof. 4. Any person who shall knowingly sell any of the products enumerated in this section for beverage purposes, or who shall sell any of the same under circumstances from which he might reasonably deduce the intention of the purchaser to use them for such purposes, shall be subject to the penalties provided for in this chapter. S 91-a. Industrial alcohol manufacturers' permits. 1. An industrial alcohol manufacturer's permit may be issued by the liquor authority entitling the applicant to manufacture alcohol intended for use and/or used for the following purposes: For scientific, chemical, mechanical, industrial, medicinal and culinary purposes. For use by those authorized to procure alcohol tax-free, as provided by the acts of congress and regulations promulgated thereunder. In the manufacture of denatured alcohol as provided by the acts of congress and regulations promulgated thereunder. In the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical and industrial preparations or products, unfit for beverage purposes. In the manufacture of flavoring extracts and syrups, unfit for beverage purposes. In the manufacture of ethanol from biomass feedstock for use as fuel (including but not limited to motor fuel, heating fuel or fuel for process heat). 2. Such permit shall be in such form as prescribed by the rules of the liquor authority and shall permit the manufacturer to manufacture and distribute said alcohol to holders of industrial alcohol permits, alcohol permits, distributors' alcohol permits class A, distributors' alcohol permits class B and distributors' alcohol permits class C but nothing contained herein shall authorize the manufacturing and distribution of said alcohol for beverage purposes. 3. The annual fee for an industrial alcohol manufacturer's permit shall be eight hundred dollars, except that: (a) no holder of a class A distiller's license shall be required to obtain such permit or pay such fee; (b) no fee shall be required from any applicant who certifies that he will manufacture, solely from biomass feedstock, ethanol for his own use as fuel; (c) no fee shall be required from any applicant who certifies that he will manufacture, solely from biomass feedstock, less than one hundred thousand gallons of ethanol annually for use as a fuel; (d) no fee shall be required from any applicant who certifies that he will manufacture, solely from biomass feedstock other than food crops, ethanol for use as fuel; and (e) no fee shall be required from any applicant who certifies that he is the holder of an experimental distilled spirits plant permit, as provided by federal law and regulation, for the manufacture of ethanol for his own use as fuel. Any permit issued pursuant to paragraph (b), (c), (d) or (e) of this subdivision shall clearly state the conditions upon which it is granted. 4. Such industrial alcohol manufacturer's permit shall be effective for a license year expiring on the thirty-first day of December following the date of issue, and the fee prescribed therefor by this section shall be the fee due and payable therefor, and shall be paid in advance at the time the application shall be made as provided by this section. When application for any permit under this section is made, after the first day of January in any year, the fee therefor shall, for the balance of the year, be in proportion as the remainder of such year shall bear to the whole year, except, that it shall in no case be for less than one-half of such year. S 92. Alcohol permit. 1. The liquor authority is hereby authorized to issue special permits for the purchase of alcohol to the superintendent, or duly authorized officer, of a hospital, museum, laboratory, art, charitable, educational, or similar public institution, or to a drug store, or licensed physician, dentist, veterinarian, optometrist and chiropodist, or to a manufacturing establishment using alcohol in its processes of manufacture. 2. Such permit shall be issued in such form as prescribed by the liquor authority and shall permit the purchase and use of such alcohol for the purpose named in such permit and in accordance with the terms and conditions thereof and the rules of the liquor authority. 3. Such permit shall be issued for a calendar year, and the fee therefor shall be six dollars per year or for any part thereof. 4. Any person who shall knowingly sell any alcohol for beverage purposes or who shall sell the same under circumstances from which he might reasonably deduce the intention of the purchaser to use it for such purposes, shall be subject to the penalties provided for in this chapter. S 92-a. Alcohol distributors` permits. 1. The following kinds of permits may be issued for the sale and distribution of alcohol. (a) Distributor`s alcohol permit--- class a. (b) Distributor`s alcohol permit--- class b. (c) Distributor`s alcohol permit--- class c. (d) Distributor`s alcohol permit--- class d. 2. (a) A class "a" permit shall authorize the holder thereof to sell and distribute to licensed rectifiers alcohol which is to be used for beverage purposes and to all holders of permits issued pursuant to this section or sections ninety-one and ninety-two of this chapter. (b) A class "b" permit shall authorize the holder thereof to sell and distribute alcohol to holders of a class "c" alcohol distributor`s permit or to holders of permits issued pursuant to section ninety-one and section ninety-two of this chapter. (c) A class "c" permit shall authorize the holder thereof to sell and distribute alcohol to holders of permits issued pursuant to section ninety-two of this chapter and to use alcohol in the preparation by him of any of the products enumerated in section ninety-one of this chapter. Such a permit may be applied for by and shall be issued only to a wholesale druggist. (d) A class "d" permit shall authorize the holder thereof to sell and distribute alcohol to the holder of winery licenses. Such permit shall be issued only to a person holding a winery license under this chapter. Such permits shall be issued in such form as may be prescribed by the liquor authority, and the privileges granted thereby shall be exercised in accordance with the terms and conditions thereof and the rules of the liquor authority. 3. The annual fee for a distributor`s alcohol permit, class "a," shall be sixteen hundred dollars. 4. The annual fee for a distributor`s alcohol permit, class "b," shall be eight hundred dollars. 5. The annual fee for a distributor`s alcohol permit, class "c," shall be one hundred sixty dollars. 6. The annual fee for a distributor`s alcohol permit, class "d," shall be three hundred eighty-four dollars. 7. Such distributors` alcohol permits shall be effective for a license year expiring on the thirty-first day of December following the date of issuance, and the fee prescribed therefor by this section shall be the fee due and payable therefor, and shall be paid in advance at the time the application shall be made as provided by this section. When application for any permit under this section is made, after the first day of January in any year, the fee therefor shall, for the balance of the year, be in proportion as the remainder of such year shall bear to the whole year, except, that it shall in no case be for less than one-half of such year. S 93. Solicitor`s permit. 1. No individual shall offer for sale or solicit any order in the state for the sale of any alcoholic beverage irrespective of whether such sale is to be made within or without the state, unless such person shall have a solicitor`s permit. 2. Such a permit shall authorize the permittee to offer for sale or to solicit orders for the sale of any alcoholic beverages, and shall set forth the name, address and license number of the licensee whom the solicitor represents, and such solicitor shall not represent any licensee whose name does not appear upon such permit. 3. The license fee for such permit shall be twenty-six dollars per year, or for any part thereof, and the permit shall be issued for the calendar year. 4. Notwithstanding the foregoing provisions of this section, any duly licensed manufacturer or wholesaler may apply to the liquor authority for an annual temporary solicitor`s employment permit. Such permit shall authorize such manufacturer or wholesaler to employ one or more persons as a solicitor for a period of not exceeding sixty consecutive working days provided that within thirty days after such employee has been employed as a solicitor such employee shall file his application for a solicitor`s permit with the liquor authority. The license fee for such permit shall be thirty-eight dollars per year, or for any part thereof, and the permit shall be issued for the calendar year. Such permit and the exercise of the privileges hereby granted thereunder, shall be subject to such terms and conditions as may be prescribed by the liquor authority. 5. Notwithstanding any provision of this chapter to the contrary, a licensed winery or licensed farm winery may obtain from the liquor authority a solicitor`s permit authorizing the licensee to offer for sale or solicit any order for any New York state labelled wine. The authority shall not charge an application or permit fee for the issuance of a solicitor`s permit to a licensed winery or farm winery. S 93-a. Broker`s permit. 1. No person shall engage as a broker in the purchase and sale of alcoholic beverages in this state unless such person shall have a broker`s permit. 2. Such permit shall authorize the permittee to act as a broker in the purchase and sale of alcoholic beverages for a fee or commission, for or on behalf of a person authorized to manufacture or sell at wholesale alcoholic beverages within or without the state. Such permittee shall not buy or sell any alcoholic beverages for his own account, or take or deliver title to such alcoholic beverages, and shall not receive or store any alcoholic beverages in his own name in this state, or offer, agree to offer or sell any alcoholic beverages to any retailer within this state. 3. Such permit shall be issued either for one transaction or for a calendar year and the exercise of the privileges granted thereby shall be subject to such rules and conditions by the liquor authority as it deems necessary. 4. The fee for a broker`s permit shall be fixed by the liquor authority, but shall not exceed twenty-six dollars for a permit valid for one transaction nor two hundred fifty-six dollars for a permit issued for a calendar year. S 94. Trucking permit. 1. No vehicle shall be used in this state for the trucking or transportation of any alcoholic beverage unless such vehicle shall be registered with the liquor authority by a permit issued by it and shall have affixed thereto a sign to be approved by the liquor authority, containing the registration number of such vehicle. In lieu of such sign a vehicle may have in its cab a photostatic copy of its current permit issued by the Authority. This provision shall not apply to vehicles owned or hired and operated by a licensee. 2. Such permit shall be issued for the calendar year, and may cover one or more trucks and in cities having a population of one million or less to duly licensed taxicabs used to deliver only wine or liquor sold at retail and the fee therefor shall be at the rate of fifty-one dollars per truck or such duly licensed taxicab per year. 2-a. In lieu of such permits, the liquor authority may issue a fleet permit for an annual fee of sixty-four hundred dollars. Such fleet permit shall cover any and all vehicles owned or hired, and operated, by such permittee. In lieu of the sign required to be affixed to each vehicle pursuant to subdivision one of this section, the holder of a fleet permit may have in the cab of such vehicle a photostatic copy of its current fleet permit issued by the authority. 3. If such application is made after July first in any one year, the fee shall be one-half of the annual fee herein provided for. S 95. Drug store permit. The liquor authority may issue a drug store permit to sell liquor and/or wine for off-premises consumption pursuant to this section. 1. Application must be made upon a form to be provided by the liquor authority and shall be filed with the appropriate board. Section fifty-four shall control so far as applicable the procedure in connection with such application. 2. Such permit shall authorize the permittee to sell liquor or wine in the original sealed package only upon a written prescription of a regularly licensed physician in a quantity not exceeding one pint of liquor and one quart of wine; such prescription shall state the date thereof; the name of the person for whom prescribed and shall be preserved by the vendor and pasted in a book kept for the purpose and be but once filled. Such package shall not be opened after sale nor its contents consumed on the premises where sold. 3. No such permittee shall have, keep or offer for sale, or sell in the premises designated in the permit any liquor which is not of the strength, quality and purity prescribed in the latest United States Pharmacopoeia. 4. Such permit shall be issued for a calendar year and the fee therefor shall be at the rate of fifty-one dollars per year for each place where such traffic is carried on except that where application shall be filed after July first in any year the fee to be paid shall be the sum of twenty-six dollars for the balance of such year. S 96. Warehouse permit. 1. (a) No alcoholic beverage shall be stored or kept in or upon any premises which shall not be duly licensed as provided for in this chapter, provided, however, that the liquor authority may issue a permit in such form as prescribed by its rules, for the storage of alcoholic beverages in other than licensed premises, except that no such permit shall be issued to any person licensed pursuant to the provisions of section fifty-four or fifty-four-a of this article, nor shall any such person licensed pursuant to the provisions of section fifty-four or fifty-four-a of this article store or cause to be stored any alcoholic beverages in other than its licensed premises. (b) Notwithstanding the provisions of paragraph (a) of this subdivision, a person licensed pursuant to section fifty-four or fifty-four-a of this article may be issued a permit pursuant to this section for the storage of a private label brand or brands of beer for which the licensee is the registered owner or for a brand or brands of beer of which the licensee is the exclusive retail seller in the state. 2. The authority is hereby empowered upon application therefor to issue a special retail warehouse permit for the storage of beer. Such permit may be issued to a person licensed pursuant to section fifty-four or section fifty-four-a of this article on an annual basis and shall be issued in such form as prescribed by the rules of the authority for the storage of beer in other than such licensee`s licensed premises. No more than five such permits may be issued by the authority on a statewide basis at any time and such permits may only be issued to persons who own licensed premises having no more than twenty-five hundred square feet of retail space per each such premises and employing no more than five people on each premises during any period of operation. 3. Such permit shall be issued for the calendar year and the fee therefor shall be at the rate of two hundred fifty-six dollars per annum, except that where the application shall be filed after July first in any year the fee shall be one hundred twenty-eight dollars for the remainder of such period. S 96-a. Bottling permit. 1. No liquor or wine may be bottled in this state except by the manufacturer thereof or as hereinafter provided. 2. The liquor authority is hereby authorized to issue a bottling permit to a wholesale wine or liquor licensee to bottle, recask, filter or clarify wine or liquor, respectively, imported in bulk from a foreign country, on the premises of a United States customs bonded warehouse for which a warehouse permit has been issued under this chapter or in a foreign trade zone established pursuant to federal law. Such permit and the exercise of the privileges granted thereunder shall be subject to the laws of the United States and the rules of the federal agency having jurisdiction thereunder, and such other rules as the state liquor authority deems necessary. 3. The liquor authority is hereby authorized to issue a bottling permit to a person to bottle, on the premises designated in the permit or in a United States customs bonded warehouse for which a warehouse permit has been issued under this chapter, liquor manufactured outside of the state of New York or wine produced in a foreign country and received in this state in bulk. Such bottling may be performed for or on behalf of 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. Such permit shall also authorize the holder thereof to rebottle or recondition liquors and wines manufactured outside of the state of New York and received in this state, for or on behalf of 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. Such permit and the exercise of the privileges granted thereunder shall be subject to the laws of the United States and the rules of the federal agency having jurisdiction thereunder, and such other rules as the state liquor authority deems necessary. 4. Such permit shall be issued in the form prescribed by the liquor authority and shall be issued for the calendar year and the fee for a permit issued under subdivision two of this section shall be at the rate of four hundred eighty dollars per annum, except that where the application shall be filed after July first in any year the fee shall be two hundred forty dollars for the remainder of such period. The fee for a permit under subdivision three of this section shall be at the rate of sixteen hundred dollars per annum, except that where the application shall be filed after July first in any year the fee shall be eight hundred dollars for the remainder of such period. S 96-b. Reconditioning permit. 1. The liquor authority may issue a reconditioning permit to a wholesale liquor licensee to recondition wines and liquors manufactured outside of the state of New York including filtering, clarifying, rebottling, labeling, relabeling or repacking such wines and liquors. Such permit may be issued to a wholesale wine licensee to recondition such wines under the same terms and conditions as provided herein. Only wines purchased in sealed containers not exceeding fifteen gallons in content or liquor in sealed containers not exceeding one quart in content may be so reconditioned. Such reconditioning shall be done on such premises and under such conditions as the liquor authority may prescribe. 2. Each such permit and the exercise of the privilege granted thereby shall be subject to the laws of the United States and the rules of the federal agency having jurisdiction thereunder and the rules and regulations to be promulgated by the liquor authority and operations conducted pursuant thereto shall be performed under such supervision as the liquor authority shall require. 3. Each such permit shall be issued in such form as shall be prescribed by the liquor authority and shall be valid for one day only. The fee for each such permit shall not exceed twenty-six dollars. S 97. Temporary beer and wine permit. 1. The liquor authority is hereby authorized to issue temporary permits effective for a period not to exceed twenty-four consecutive hours to authorize the sale of beer and wine manufactured in New York state at outdoor or indoor gatherings, functions, occasions or events, within the hours fixed by or pursuant to subdivision five of section one hundred six of this chapter, during which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages at retail for on-premises consumption in the community in which is located the premises in which such gathering, function, occasion or event is held. The fee for such permit shall be twenty-six dollars. Such permit and the exercise of the privilege granted thereby shall be subject to such rules of the liquor authority as it deems necessary. 2. The liquor authority is hereby authorized to issue an annual permit to brewers and beer wholesalers authorizing such licensees to sell beer for consumption at outdoor or indoor gatherings, functions, occasions or events, provided that such gatherings are not open to admission to the general public nor is admission thereto made contingent upon the payment of an admission fee, donation or contribution, and further provided that such beer is not resold at such gatherings. Every brewer or beer wholesaler to whom a permit shall be issued hereunder shall require every person to whom beer shall be sold for use at such gatherings to make, execute and file with such brewer or beer wholesaler, upon a form to be prescribed by the liquor authority, a statement, that the beer purchased by such person will not be sold or offered for sale by such person. Such statement shall be accepted for all purposes as the equivalent of an affidavit, and if false, shall subject the person making and executing the same to the same penalties as if he had been duly sworn. Such permit shall be issued in the form prescribed by the liquor authority and shall run concurrently with the annual term of the brewer's license or of the wholesale beer license, and the fee for such permit shall be sixty-four dollars. Such a permit and the exercise of the privileges granted thereunder shall be subject to such rules by the liquor authority as it deems necessary. The provisions hereof shall not apply to the sale of beer for consumption in the home. 3. The liquor authority is hereby authorized to issue a permit under subdivision one of this section to the holder of a concessionaire's license issued by the division of the New York state fair in the department of agriculture and markets. Such permit shall allow for the sale and consumption of wine manufactured in New York state, and beer upon the premises known as the New York state fairgrounds during the annual New York state fair for the calendar year such permit is issued, provided that such wine is sold and dispensed in amounts of ten ounces or less. The fee for such permit shall be determined by the liquor authority. 4. The liquor authority is hereby authorized to issue a temporary permit effective for a period not to exceed twenty-four consecutive hours to any holder of a license to manufacture wine in this or any other state, to sell wine at outdoor or indoor gatherings, functions, occasions, or events, provided that such manufacturer produces not more than one hundred fifty thousand gallons of wine annually. The fee for such permit shall be twenty-six dollars. S 97-a. Temporary retail permit. 1. The authority is hereby authorized to issue a temporary retail permit: (a) to the transferee of a retail license to continue the operations of a retail premises during the period that the transfer application for the license from person to person at the same premises is pending; or * (b) to the applicant for a new retail license where the prospective licensed premises is located in a municipality with a population of less than one million during the period that the application is pending. * NB Repealed October 12, 2017 2. Such a permit may be issued if all of the following conditions are met: (a) the applicant for the temporary permit shall have filed with the authority an application for a retail license at such premises, together with all required filing and license fees; (b) the applicant shall have filed with the authority an application for a temporary retail permit, accompanied by a nonrefundable filing fee of one hundred twenty-eight dollars for all retail beer licenses or six hundred forty dollars for all other retail licenses; (c) in the case of a transfer application, the premises shall have been operated under a retail license within thirty days of the date of filing the application for a temporary permit; (d) at the time the permit is issued the current license, if any, in effect for said premises shall have been surrendered to, placed into safekeeping with, or otherwise deemed abandoned by the authority. 3. A temporary retail permit under paragraph (b) of subdivision one of this section may not be issued for any premises that is subject to the provisions of section sixty-three, paragraph (b) of subdivision seven of section sixty-four, subparagraph (ii) of paragraph (a) of subdivision seven of section sixty-four-a, subparagraph (ii) of paragraph (a) of subdivision eleven of section sixty-four-c, paragraph (b) of subdivision eight of section sixty-four-d, or section seventy-nine of this chapter. 4. A temporary retail permit issued by the authority pursuant to this section shall be for a period not to exceed ninety days. A temporary permit may be extended at the discretion of the authority, for an additional thirty day period upon payment of an additional fee of sixty-four dollars for all retail beer licenses and ninety-six dollars for all other temporary permits and upon compliance with all conditions required in this section. The authority may, in its discretion, issue additional thirty day extensions upon payment of the appropriate fee. 5. A temporary retail permit is a conditional permit and authorizes the holder thereof: (a) in the case of a transfer application to purchase and sell such alcoholic beverages as would be permitted to be purchased and sold under the privileges of the retail license for which the transfer application has been filed; (b) in the case of all other retail applications, to purchase and sell such alcoholic beverages as would be permitted to be purchased and sold under the privileges of the license applied for; and (c) to sell such alcoholic beverages to consumers only and not for resale. 6. The holder of a temporary retail permit shall purchase alcoholic beverages only by payment in currency or check for such alcoholic beverages on or before the day such alcoholic beverages are delivered, provided, however, that the holder of a temporary permit issued pursuant to this section who also holds one or more retail licenses and is operating under such retail license or licenses in addition to the temporary retail permit, and who is not delinquent under the provisions of section one hundred one-aa of this chapter as to any retail license under which he operates, may purchase alcoholic beverages on credit under the temporary permit. 7. Notwithstanding any other provision of law, a temporary retail permit may be summarily cancelled or suspended at any time if the authority determines that good cause for such cancellation or suspension exists. The authority shall promptly notify the holder of a temporary retail permit in writing of such cancellation or suspension and shall set forth the reasons for such action. 8. The application for a temporary permit shall be on such form as the authority shall prescribe. 9. Approval of, or extension of, a temporary retail permit shall not be deemed as an approval of the retail application. 10. Notwithstanding any inconsistent provision of law to the contrary, the authority may promulgate such rules and regulations as may be necessary to carry out the provisions of this section. S 98. Caterer's permit. 1. The liquor authority is hereby authorized to issue to caterers and other persons furnishing provisions and service for use at a particular function, occasion or event in a hotel, restaurant, club, ballroom or other premises a temporary indoor permit effective for a period not to exceed twenty-four consecutive hours, which shall authorize the service of alcoholic beverages at such function, occasion or event within the hours, fixed by or pursuant to subdivision five of section one hundred six of this chapter, during which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages at retail for on-premises consumption in the community in which is located the premises in which such function, occasion or event is held. The fee therefor shall be thirty-eight dollars. Such a permit and the exercise of the privilege granted thereby may be subjected to such rules by the liquor authority as it deems necessary and such rules as are in conformity with the provisions of subdivision two of this section. Such a permit may also be issued for functions, occasions or events at premises for which a summer license has been previously issued pursuant to this chapter. 2. Except for good cause shown, the liquor authority shall issue upon proper application and payment of fee, an on-premises caterer's permit to a club licensed pursuant to the provisions of this chapter upon the club premises if it is shown: a. That the club has not solicited the event, nor advertised such affair in any manner as open to the public and the alcoholic beverages shall be sold only to persons invited to and attending such function, occasion or event; and b. (see, also, par. b below) That the particular function or event is to be held by a sodality, an auxiliary or other organization affiliated with the licensed club and also other organizations not affiliated with a licensed club, provided the function or event being held is in conjunction with the use of the primary athletic or sports facilities of the licensed club; and b. (see, also, par. b above) The particular function or event is to be held by a sodality or auxiliary affiliated with the club, or a particular charitable or non-profit function or event is to be held by a charitable or non-profit organization and such organization has one or more members who are also members of the club. 3. The liquor authority may issue upon proper application and payment of fee, an on-premises caterer's permit to a club licensed pursuant to the provisions of this chapter if the facts set forth in the application establish to the satisfaction of the authority that no other suitably licensed premises authorized to sell alcoholic beverages to the public is available within a reasonable distance. 4. A caterer's permit will not be granted to a club licensed for a function to be held off the club premises except where such is exclusively for the use and benefit of the club members only and is so restricted. 5. Notwithstanding any other provision of this chapter or any rule of the liquor authority, the liquor authority is hereby authorized to issue, to caterers and other persons furnishing provisions and services for use at a particular function or occasion or event to be held at a winery or farm winery, a temporary indoor and/or outdoor permit effective for a period not to exceed twenty-four consecutive hours, which shall authorize the service of alcoholic beverages at such function, occasion or event within the hours as fixed by or pursuant to subdivision five of section one hundred six of this chapter, during which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages at retail for on-premises consumption in the community in which is located the premises in which such function, occasion or event is held. The issuance of a caterer's permit under this section shall in no way prohibit or suspend the lawful operation of the winery or farm winery licensed under this chapter. For purposes of this subdivision, both the permittee and the winery or farm winery licensee shall be responsible for any violations of this chapter or the rules of the authority occurring while the permit is in effect. Liability under the provisions of sections 11-100 and 11-101 of the general obligations law shall accrue to both the permittee and the winery or farm winery licensee. The fee for the permit shall be thirty-eight dollars. Such a permit and the exercise of the privilege granted thereby may be subjected to such rules by the liquor authority as it deems necessary. S 99. Special permit to remain open during certain hours of the morning. 1. Any person licensed to sell alcoholic beverages for consumption on the premises pursuant to this chapter may apply to the liquor authority for a special permit to remain open on any week day between the hours of four o`clock a.m. or the closing hour prescribed by a rule adopted in a county on or before April first, nineteen hundred ninety-five or pursuant to subdivision eleven of section seventeen of this chapter, and eight o`clock a.m. The fee for such permit shall be fifty-one dollars per day. 2. The liquor authority may, in its discretion, issue to any such licensed person, whose premises are located within a trade area, a special permit to remain open during such hours of the morning on week-days. The fee for such permit shall be at the rate of two hundred fifty-six dollars per annum. 3. Such permits and the exercise of the privileges granted thereunder may be subjected by the liquor authority to such rules as it may deem necessary. S 99-a. Charitable permits. 1. The liquor authority is hereby authorized to issue a charitable permit to an organization to sell alcoholic beverages, at auction or otherwise, where the authority is satisfied: (a) that contributions made by an individual donor to such organization are deductible for Federal income tax purposes; (b) that the funds so raised will be used for the non-profit purposes of the organization; (c) that all such alcoholic beverages shall be in sealed containers; and (d) that not more than eighty cases shall be sold. Such permit shall be valid for a twenty-four hour period commencing at eight o`clock a.m. and only during the hours when such alcoholic beverages may lawfully be sold by retail licensees in the county in which the auction or sale is held. No alcoholic beverages sold pursuant to such permit shall be consumed on the premises at which they are sold. 2. The fee for a one-day charitable permit shall be twenty dollars. S 99-b. Miscellaneous permits. 1. The liquor authority is hereby authorized to issue a permit to: a. A sheriff, marshal, assignee for the benefit of creditors, trustee or receiver in bankruptcy, executor or administrator of an estate, to sell the stock of alcoholic beverages which came into his possession pursuant to judicial process. b. A steamship company or company operating aircraft, or its duly authorized agent, to purchase from a manufacturer or wholesaler in this state alcoholic beverages for ship's stores for consumption outside the territorial jurisdiction of the state, and not for purposes of resale in this state. c. A person engaged in the manufacture of products which are unfit for beverage use and classified by the United States treasury department, as exempt from special and commodity taxes to purchase liquor, wine or beer from licensed wholesalers and manufacturers for use only in the process of manufacture of such products. d. A fire insurance company or fire salvage company, under the supervision of the New York state department of financial services, to sell to licensees alcoholic beverages which came into its possession as a result of a fire on licensed premises. e. A hospital, which shall mean a place for overnight care of the sick, conducted or licensed by the state or a political subdivision thereof or subject to visitation and inspection by the state board of social welfare to purchase liquor, wine or beer for medicinal use only in the treatment of bona fide patients of such hospital. f. A licensee who is liquidating or selling its business, or a former licensee whose license has been surrendered, revoked, cancelled or has expired, to sell its entire stock of alcoholic beverages to other licensees, provided, however, that no such permit shall be issued to a licensee or former licensee who is delinquent under the provisions of section one hundred one-aa or section one hundred one-aaa of this chapter. A former licensee whose license has been surrendered, revoked, cancelled, or has expired, may not transfer its stock of alcoholic beverages to any other person unless it obtains such a permit. g. A warehouseman, railroad company, steamship company, or other person who has acquired a lien pursuant to law for the storage or carriage of alcoholic beverages, to sell such alcoholic beverages to a licensee. i. A bank or trust company incorporated under articles three, seven or twelve of the banking law or a foreign banking corporation licensed by superintendent of financial services of this state or a banking corporation organized under the laws of the United States and doing business in this state, to sell warehouse receipts pertaining to alcoholic beverages which it has accepted as collateral security for a loan to a licensee and which it acquired through default in the payment of such loan. j. A person duly licensed outside the state of New York to manufacture or sell alcoholic beverages at wholesale, or his duly authorized representative, to negotiate and consummate contracts or agreements with licensed wholesalers in this state for the establishment of operating agency relationships for the sale of its products in this state. k. A person to purchase, receive or sell alcoholic beverages or receipts, certificates, contracts or other documents pertaining to alcoholic beverages, in cases not expressly provided for by this chapter, when in the judgment of the liquor authority it would be appropriate and consistent with the purpose of this chapter. l. (1) Licensed wineries and licensed farm wineries to sell New York state labelled wine, by the bottle, at the state fair, at recognized county fairs and at farmers markets operated on a not-for-profit basis. (2) The permit shall be valid for the length of the event, but not for a period to exceed one year. (3) No fee shall be charged for permits issued pursuant to this subdivision. m. An institution of higher education operating under authority granted by the state education department, to deliver or cause to be delivered alcoholic beverages to a person who is at least twenty-one years of age enrolled in a single class or course of classes authorized by the institution of higher education and conducted by an instructor or instructors engaged by the institution of higher education, provided that such person's imbibing or tasting of such alcoholic beverages is a required part of the class or course of classes, and provided that such person's imbibing or tasting of such alcoholic beverages is only for instructional purposes. No alcoholic beverage shall be delivered, or shall be permitted to be delivered, to a person under twenty-one years of age during any class conducted under the authority of such permit, and the provisions of subdivision five of section sixty-five and paragraph (a) of subdivision two of section sixty-five-c of this chapter shall not apply to any delivery made during any class conducted under the authority of such permit. 2. Each such permit and the exercise of the privilege granted thereby may be subjected to such rules and conditions by the liquor authority as it deems necessary. 3. Each such permit shall be issued in such form as shall be prescribed by the liquor authority and shall be valid for one transaction only, except that a permit issued pursuant to paragraph b, c, e, j, or m of subdivision one of this section may be issued either for one transaction or for a calendar year. The liquor authority may, by rule, fix the quantity of alcoholic beverages to be involved in a single transaction under a permit issued pursuant to paragraph k of subdivision one of this section, but no single transaction so authorized shall involve more than twenty cases of alcoholic beverages. The fee for each such permit shall be fixed by the liquor authority, but shall not exceed ninety dollars for a permit valid for one transaction only nor two hundred fifty-six dollars for a permit issued for a calendar year. S 99-d. Miscellaneous fees. 1. Before any substantial alteration to a licensed premises may be undertaken by or on the behalf of any licensee except a micro-winery, a farm winery or a roadside farm market, the licensee shall make an application to the liquor authority for permission to effect such alteration. A substantial alteration shall include any enlargement or contraction of a licensed premises whether indoors or outdoors; any physical change that reduces the visibility that existed at the time of licensing; any other physical changes in the interior of a licensed premises that materially affect the character of the premises; and, in the case of establishments licensed for consumption on the premises, any material changes to the dining or kitchen facilities, or any change in the size or location of any bar within the contemplation of subdivision four of section one hundred of this chapter at which alcoholic beverages are dispensed. A minor alteration shall be deemed to be one costing and valued at less than ten thousand dollars, which does not materially affect the character of the premises or the physical structure that existed at the time of licensing. Before commencing work on the alteration, any licensee other than a micro-winery, a farm winery or a roadside farm market licensee, shall request permission to effect such minor alteration and shall submit an affidavit to the liquor authority by filing the same in person or by certified mail return receipt requested or overnight delivery service with proof of mailing on forms prescribed by the authority. A winery, micro-winery, farm winery or roadside farm market licensee is not required to obtain permission from the authority to make a minor alteration to its premises. The affidavit shall include but not be limited to a description of the proposed alteration, the cost and value of the alteration, and the source of money making the alteration possible. Upon receipt of such affidavit, the authority shall have twenty days in which to review the proposed alteration and notify the licensee of any objection to the same by certified mail return receipt requested. If no such objection is made within such period permission shall be deemed to have been granted. Work may commence on such alteration if no objection is received by the twenty-fifth day after filing such affidavit. The cost of an alteration, for purposes of this subdivision, shall be equal to the total sum expended to complete the proposed alteration excluding professional fees. 2. Before any change in the members of a limited liability company or the transfer or assignment of a membership interest in a limited liability company or any corporate change in stockholders, stockholdings, alcoholic beverage officers, officers or directors, except officers and directors of a premises licensed as a club or a luncheon club under this chapter can be effectuated for the purposes of this chapter, there shall be filed with the liquor authority an application for permission to make such change and there shall be paid to the liquor authority in advance upon filing of the application a fee of one hundred twenty-eight dollars. (a) The provisions of this section shall not be applicable where there are ten or more stockholders and such change involves less than ten per centum of the stock of the corporation and the stock holdings of any stockholder are not increased thereby to ten per centum or more of the stock. (b) Where the same corporation operates two or more premises separately licensed under this chapter a separate corporate change shall be filed for each such licensed premises, except as otherwise provided for by rule of the liquor authority. The corporate change fee provided for herein shall not be applicable to more than one license held by the same corporation. (c) Notwithstanding any corporate change approved by the authority, a licensed corporation or limited liability company shall be bound by the representations set forth in the original application and any amendments thereto approved by the authority. 3. Before any removal of a license to any premises other than the licensed premises or to any other part of the building containing the licensed premises, the licensee shall make an application to the liquor authority for permission to effect such removal and shall pay to the liquor authority in advance upon filing of the application a fee of one hundred ninety-two dollars where the base license fee is five hundred dollars or more and thirty-two dollars in all other instances. 4. The liquor authority may make such rules as it deems necessary to carry out the provisions of this section. S 99-e. Change in duration of permits. The liquor authority is authorized to change the periods during which permits authorized by sections ninety-one, ninety-one-a, ninety-two, ninety-two-a, ninety-three, ninety-three-a, ninety-four, ninety-five, ninety-six, ninety-six-a and ninety-nine-b of this article, shall be effective and to establish the commencement dates, duration and expiration dates thereof, provided that no such permit shall be effective for a period in excess of three years. When any change or changes are made in the duration of any such permit, the permit fee shall be equal to the annual permit fee specified in this article multiplied by the number of years for which such permit is issued. Any other provision of any other law to the contrary notwithstanding, an applicant, other than a not-for-profit organization as defined in section one hundred seventy-nine-q of the state finance law, shall not be issued a temporary permit pursuant to section ninety-seven of this article for events to take place upon any premise for which the authority has issued any license, or has issued a permit more than four times within any one year period, provided however that the authority may, in its sole discretion, issue additional single permits if it shall determine upon the issuance of each that (a) the application for such permit is not an attempt to circumvent licensing provisions of this chapter, and (b) the issuance of such permit would not be a detriment to the community or the surrounding neighborhood as such shall be determined by the authority after consultation with municipal authorities and police agencies and community boards for the purpose of reviewing community or neighborhood or police agency complaints, or violations of state or local laws. The liquor authority may make such rules as shall be appropriate to carry out the purpose of this section. S 99-f. Special permits for minors to entertain. The liquor authority is hereby authorized to issue special permits to any person under the age of eighteen years for the purpose of enabling such person to appear as an entertainer on any premises licensed for retail sale hereunder. The provisions of this section shall apply to persons under the age of eighteen years who are not otherwise eligible to act as an entertainer pursuant to the provisions of subdivision two-b of section one hundred of this chapter. Such special permit shall be issued, in the discretion of the authority, upon the application of such minor. No such special permit shall be granted unless the written consent of both parents or the lawful guardian or guardians of such minor shall appear upon such application. The liquor authority may require the personal appearance at an office of the authority of such applicant and his parents or legal guardians at the time such application is made or at any other time prior to the consideration of such application by the authority upon written notice to the applicant and/or his parents or legal guardians. Such personal appearance, if requested, shall be for the purpose of enabling the authority to establish that the entertainment that the applicant is intending to perform is not contrary to the best interests of the minor. The liquor authority is hereby authorized and directed to promulgate rules and regulations for the orderly implementation and administration of the provisions of this section. Such rules and regulations shall provide for a reasonable limitation upon the types of entertainment for which an application for a special permit shall be granted and may provide for conditions or limitations which may be attached to the granting of such special permit. In addition to any conditions or limitations as may be so imposed, such rules or regulations shall impose as a condition for the granting of such special permit that a parent or legal guardian of the minor shall be present during such minor`s appearance as an entertainer. Such special permit shall be subject to revocation, after a hearing upon a determination by the authority that the conditions or limitations attached upon such special permit have been violated. Such special permits shall be issued for limited periods not to exceed one year. The liquor authority may impose a fee for the issuance of such special permit. Such fee shall not exceed sixty-four dollars if issued for an annual period nor shall such fee exceed six dollars per month or any lesser period thereof for which a special permit has been issued. The liquor authority may waive such fee. The liquor authority shall revoke any special permit upon the written request of the parents or legal guardians of such minor. S 99-g. Sale of privately held wines and liquors. 1. (a) Any nonlicensed person legally owning wine and/or liquor is authorized to sell that wine and/or liquor to a licensed person or through a licensed person to an individual or group of individuals by any lawful method of sale or by means of an auction by a licensed person conducted pursuant to this section. The licensee involved in such sale shall ensure that each bottle of wine and/or liquor sold from a private collection has a permanently affixed label stating that the wine and/or liquor were acquired from a private collection. (b) For purposes of this section, if wine is offered at an auction, "licensed person" means any person licensed under section sixty-three or seventy-nine of this chapter, if liquor is offered at an auction "licensed person" means any person licensed under section sixty-three of this chapter, and in any auction a "licensed person" shall have been so licensed for a period of ten years or more. 2. (a) The liquor authority is hereby authorized to issue a wine and liquor auction permit to a licensed person to conduct auctions of wines and/or liquors. The wine and liquor auction permit shall be in addition to any permit requirements imposed by local law, ordinance or resolution by any municipality in which the auctioneer seeks to operate. (b) A wine and liquor auction permit shall be issued for a calendar year. A wine and liquor auction permit shall allow the holder to conduct twelve auctions of wine and/or liquor during the period the wine and liquor auction permit shall be in effect. (c) The fee therefor shall be thirty-two hundred dollars for each year or part thereof. (d) The permit shall be in the form prescribed by the authority. 3. A person owning, controlling or possessing wines and/or liquors may ship the wines and/or liquors from within or without New York state to a wine and liquor auction permittee or licensee; provided that such permittee or licensee shall ensure that each bottle is labelled in accordance with the provisions of paragraph (a) of subdivision one of this section. Although the wines and/or liquors to be offered at auction may not be owned by a wine and liquor auction permittee, upon receipt of the wines and/or liquors the permittee shall be responsible for the storage and warehousing of the wines and/or liquors, as well as be responsible for the delivery of the wines and/or liquors to the purchasers at auction and shall be responsible for the payment of all applicable state and local taxes. 4. Notwithstanding any other provision of this chapter, any person authorized to sell wine at wholesale or retail may purchase any wine offered at an auction conducted pursuant to this section and may resell any wine so purchased in accordance with the terms of his or her license, and any person authorized to sell liquor at wholesale or retail may purchase any liquor offered at an auction conducted pursuant to this section and may resell any liquor so purchased in accordance with the terms of his license; provided that such licensee shall ensure that each bottle is labelled in accordance with the provisions of paragraph (a) of subdivision one of this section. 5. A wine and liquor auction permittee shall be permitted to hold wine tastings at an auction at which wine is offered, and to hold liquor tastings at an auction at which liquor is offered, on the premises of any location approved by the authority for conducting an auction. 6. A wine and liquor auction permittee shall be subject to all restrictions, regulations, and provisions heretofore set forth in the appropriate sections of this chapter governing the sale of wine or liquor for off-premises consumption, provided those provisions are not inconsistent with the provisions created pursuant to this section. 7. (a) Wine tastings which are conducted under this auspices of an official agent of a farm winery, winery, wholesaler or importer and where such agent is physically present at all times during the conduct of the tasting, then, in that event, any liability stemming from a right of action resulting from a wine tasting as authorized herein, and in accordance with the provisions of sections 11-100 and 11-101 of the general obligations law, shall accrue to the farm winery, winery, wholesaler, importer, or licensee. (b) Liquor tastings which are conducted under the auspices of an official agent of a distiller, wholesaler or importer and where such agent is physically present at all times during the conduct of the tasting, then, in that event, any liability stemming from a right of action resulting from a liquor tasting as authorized herein, and in accordance with the provisions of sections 11-100 and 11-101 of the general obligations law, shall accrue to the distiller, wholesaler, importer, or licensee. 8. The authority shall adopt any rules consistent with and in furtherance of the implementation of this section. Top of Page
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)
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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