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ARTICLE 7
SPECIAL PERMITS
Section 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.
S 97-a. Temporary retail permit. 1. The liquor authority is hereby
authorized to issue a temporary retail permit to the transferee of a
retail license to continue the operation of a retail premises during the
period a transfer application for the license from person to person at
the same premises is pending and when all the following conditions
exist:
(a) The premises shall have been operated under a retail license
within thirty days of the date of filing the application for a temporary
permit;
(b) The retail license for said premises shall have been surrendered
into safekeeping pursuant to rules of the authority;
(c) The applicant for the temporary permit shall have filed with the
authority an application for transfer of the retail license at such
premises; and
(d) The application for the temporary permit shall be accompanied by a
nonrefundable temporary permit filing fee of one hundred twenty-eight
dollars for all retail beer licenses; all other temporary permit
applications shall be accompanied by a filing fee of six hundred forty
dollars.
2. A temporary 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 herein. A
temporary permit is a conditional permit and authorizes the holder
thereof 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 transfer application has been filed; to sell such
alcoholic beverages to consumers only and not for resale; and to
purchase such alcoholic beverages only by payment in currency or check
for such alcoholic beverages on or before they are delivered to the
premises.
3. Provided, however, that the holder of a temporary permit who also
holds one or more retail licenses and is operating under such retail
license or licenses in addition to the temporary permit, and who is not
delinquent under the provisions of section one hundred one-a of this
chapter as to any retail license under which he operates, may purchase
alcoholic beverages on credit under the temporary permit.
4. Notwithstanding any other provision of law, a temporary 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 permit in
writing of such cancellation or suspension and shall set forth the
reasons for such action.
5. Application for a temporary permit shall be on such form as the
authority shall prescribe.
6. 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.
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 insurance, 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 his business, or a former
licensee whose license was surrendered or expired, to sell his entire
stock of alcoholic beverages to other licensees.
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 insurance 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.
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, or j 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 farm winery, 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 farm winery 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 on forms prescribed by the authority. A winery or farm
winery 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 where the license fee is five
hundred dollars or more and thirteen dollars in all other instances
including changes relating solely to officers and directors of
corporations and the alcoholic beverage officer of a club or luncheon
club.
The foregoing 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.
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.
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. 1. (a) Any nonlicensed person
legally owning wine is authorized to sell that wine 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 sold from a private collection has
a permanently affixed label stating that the wine was acquired from a
private collection.
(b) For purposes of this section, "licensed person" means any person
licensed under section sixty-three or seventy-nine of this chapter and
who has been so licensed for a period of ten years or more.
2. (a) The liquor authority is hereby authorized to issue a wine
auction permit to a licensed person to conduct auctions of wines. The
wine 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 auction permit shall be issued for a calendar year. A wine
auction permit shall allow the holder to conduct twelve auctions of wine
during the period the wine 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 may ship the wines
from within or without New York state to a wine 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 to be offered
at auction may not be owned by a wine auction permittee, upon receipt of
the wines the permittee shall be responsible for the storage and
warehousing of the wines, as well as be responsible for the delivery of
the wines 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 a wine auction conducted pursuant to this section and may
resell any wine 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 auction permittee shall be permitted to hold wine tastings
on the premises of any location approved by the authority for conducting
a wine auction.
6. A wine 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 for off-premises
consumption, provided those provisions are not inconsistent with the
provisions created pursuant to this section.
7. 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.
8. The authority shall adopt any rules consistent with and in
furtherance of the implementation of this section.