Amd ABC L, generally; amd §4, Chap 118 of 2012; amd §5, Chap 396 of 2010
Relates to the effectiveness of provisions of law relating to the powers of the chairman and members of the state liquor authority (Part A); authorizes special permits to remain open during certain hours of the morning (Part B); permits certain retail licensees to purchase wine and liquor from certain other retail licensees (Part C); relates to permissible sales by license holders (Part D); allows multiple off-premises licenses (Part E); relates to licensing restrictions for manufacturers and wholesalers of alcoholic beverages and retail licensees (Part F); relates to the approval of seven day licenses to sell liquor at retail for consumption off the premises (Part G); adjusts licensing fees regarding certain alcoholic beverages (Part H); relates to changes of ownership of a licensed business (Part I); relates to the issuance of temporary retail permits; makes permanent certain provisions relating to liquidator's permits and temporary retail permits (Part J); establishes a temporary wholesale permit and allows multiple wholesale licenses owned by the same person or entity to be located at the same premises (Part K); relates to licenses issued for on-premises consumption within a certain distance of a building occupied as a school, church, synagogue or other place of worship with consent of such building's owner or administrator (Part L); permits licenses for premises located within five hundred feet of other premises outside of certain counties (Part M).
STATE OF NEW YORK
________________________________________________________________________
4575
2025-2026 Regular Sessions
IN SENATE
February 7, 2025
___________
Introduced by Sens. SKOUFIS, JACKSON, SEPULVEDA -- read twice and
ordered printed, and when printed to be committed to the Committee on
Investigations and Government Operations
AN ACT to amend chapter 118 of the laws of 2012 amending the alcoholic
beverage control law relating to the powers of the chairman and
members of the authority, in relation to the effectiveness of certain
provisions thereof (Part A); to amend the alcoholic beverage control
law, in relation to authorizing special permits to remain open during
certain hours of the morning (Part B); to amend the alcoholic bever-
age control law, in relation to permitting certain retail licen-
sees to purchase wine and liquor from certain other retail licensees
(Part C); to amend the alcoholic beverage control law, in
relation to permissible sales by license holders (Part D); to amend
the alcoholic beverage control law, in relation to allowing multiple
off-premises licenses (Part E); to amend the alcoholic beverage
control law, in relation to licensing restrictions for manufacturers
and wholesalers of alcoholic beverages and retail licensees (Part F);
to amend the alcoholic beverage control law, in relation to the
approval of seven day licenses to sell liquor at retail for consump-
tion off the premises (Part G); to amend the alcoholic beverage
control law, in relation to adjusting licensing fees regarding certain
alcoholic beverages (Part H); to amend the alcoholic beverage
control law, in relation to changes of ownership of a licensed busi-
ness (Part I); to amend the alcoholic beverage control law, in
relation to the issuance of temporary retail permits; and to amend
chapter 396 of the laws of 2010 amending the alcoholic beverage
control law relating to liquidator's permits and temporary retail
permits, in relation to the effectiveness thereof (Part J); to amend
the alcoholic beverage control law, in relation to establishing a
temporary wholesale permit and allowing multiple wholesale licenses
owned by the same person or entity to be located at the same premises
(Part K); to amend the alcoholic beverage control law, in relation to
licenses issued for on-premises consumption within certain distances
of a building occupied as a school, church, synagogue or other place
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02017-01-5
S. 4575 2
of worship with consent of such building's owner or administrator
(Part L); and to amend the alcoholic beverage control law, in relation
to permitting licenses for premises located within five hundred feet
of other premises outside of certain counties (Part M)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 necessary to implement certain provisions regarding licensing and sales
3 under the alcoholic beverage control law. Each component is wholly
4 contained within a Part identified as Parts A through M. The effective
5 date for each particular provision contained within such Part is set
6 forth in the last section of such Part. Any provision in any section
7 contained within a Part, including the effective date of the Part, which
8 makes a reference to a section "of this act", when used in connection
9 with that particular component, shall be deemed to mean and refer to the
10 corresponding section of the Part in which it is found. Section three of
11 this act sets forth the general effective date of this act.
12 PART A
13 Section 1. Section 4 of chapter 118 of the laws of 2012 amending the
14 alcoholic beverage control law relating to the powers of the chairman
15 and members of the authority, as amended by section 1 of part J of chap-
16 ter 55 of the laws of 2024, is amended to read as follows:
17 § 4. This act shall take effect immediately [and shall expire and be
18 deemed repealed fifteen years after such date].
19 § 2. This act shall take effect immediately.
20 PART B
21 Section 1. Subdivision 1 of section 99 of the alcoholic beverage
22 control law, as amended by section 22 of part Z of chapter 85 of the
23 laws of 2002, is amended to read as follows:
24 1. Any person licensed to sell alcoholic beverages for consumption on
25 the premises pursuant to this chapter may apply to the liquor authority
26 for a special permit [to remain open on any week day between the hours
27 of four o'clock a.m. or the closing hour prescribed by a rule adopted in
28 a county on or before April first, nineteen hundred ninety-five or
29 pursuant to subdivision eleven of section seventeen of this chapter, and
30 eight o'clock a.m]. A permit issued under this section shall authorize
31 the holder of a retail on-premises license to sell or serve alcoholic
32 beverages for consumption on the premises on the morning of January
33 first between four o'clock a.m. or such other hour that the sale of
34 alcoholic beverages for on-premises consumption must cease in the commu-
35 nity in which the licensed premises is located, and eight o'clock a.m.
36 The fee for such permit shall be fifty-one dollars per day.
37 § 2. This act shall take effect on the sixtieth day after it shall
38 have become a law. Effective immediately, the addition, amendment and/or
39 repeal of any rule or regulation necessary for the implementation of
40 this act on its effective date are authorized to be made and completed
41 on or before such effective date.
42 PART C
S. 4575 3
1 Section 1. Section 106 of the alcoholic beverage control law is
2 amended by adding a new subdivision 2-b to read as follows:
3 2-b. Notwithstanding any provision of this chapter to the contrary, a
4 retail licensee for on-premises consumption shall be authorized to
5 purchase up to twelve bottles of wine and liquor per week from an off-
6 premises retail licensee, and may resell any wine and liquor so
7 purchased for consumption on the premises licensed therefor.
8 § 2. Section 105 of the alcoholic beverage control law is amended by
9 adding a new subdivision 2 to read as follows:
10 2. Notwithstanding any provision of this chapter to the contrary, a
11 retail licensee to sell liquor and/or wine for consumption off the prem-
12 ises shall be authorized to sell up to twelve bottles of wine and liquor
13 per week to a retail licensee for on-premises consumption.
14 § 3. This act shall take effect immediately.
15 PART D
16 Section 1. Subdivision 4 of section 63 of the alcoholic beverage
17 control law, as amended by chapter 24 of the laws of 2024, is amended to
18 read as follows:
19 4. No licensee under this section shall be engaged in any other busi-
20 ness on the licensed premises. The sale of any of the following shall
21 not constitute engaging in another business within the meaning of this
22 subdivision:
23 (a) lottery tickets, when duly authorized and lawfully conducted[, the
24 sale of];
25 (b) reusable bags as defined in section 27-2801 of the environmental
26 conservation law[, the sale of];
27 (c) corkscrews [or the sale of];
28 (d) ice [or the sale of];
29 (e) publications, including prerecorded video and/or audio cassette
30 tapes, or educational seminars, designed to help educate consumers in
31 their knowledge and appreciation of alcoholic beverages, as defined in
32 section three of this chapter and allowed pursuant to their license[, or
33 the sale of];
34 (f) non-carbonated, non-flavored mineral waters, spring waters and
35 drinking waters [or the sale of];
36 (g) glasses designed for the consumption of wine or liquor, racks
37 designed for the storage of wine, and devices designed to minimize
38 oxidation in bottles of wine which have been uncorked[, or the sale of];
39 (h) gift bags, gift boxes, associated gift or promotional items, or
40 wrapping, for alcoholic beverages purchased at the licensed premises
41 [shall not constitute engaging in another business within the meaning of
42 this subdivision];
43 (i) tonic water;
44 (j) bitters;
45 (k) maraschino cherries; and
46 (l) dealcoholized wine.
47 Any fee obtained from the sale of an educational seminar shall not be
48 considered as a fee for any tasting that may be offered during an educa-
49 tional seminar, provided that such tastings are available to persons who
50 have not paid to attend the seminar and all tastings are conducted in
51 accordance with section sixty-three-a of this article. For the purposes
52 of this section, gift or promotional items shall only include those
53 items that are complimentary and directly associated with the sale of
54 wine or liquor they are promoting and shall mean: (i) items that are de
S. 4575 4
1 minimis in value, but in no instance shall merchandise be valued at more
2 than fifteen dollars in total; (ii) items that are imprinted with the
3 wine or liquor brand logo on the gift or promotional item; and (iii)
4 items that are included as part of a manufactured pre-sealed package
5 with the wine or liquor that is being gifted or promoted. Further, for
6 the purposes of this section, promotional items shall not include any
7 food, non-alcoholic beverage, or other drink or food mix, nor shall
8 these items be offered for sale to the general public as individual
9 items.
10 § 2. Paragraph (a) of subdivision 1 of section 104 of the alcoholic
11 beverage control law, as amended by chapter 24 of the laws of 2024, is
12 amended to read as follows:
13 (a) No wholesaler shall be engaged in any other business on the prem-
14 ises to be licensed; except that nothing contained in this chapter
15 shall: (1) prohibit a beer wholesaler from (i) acquiring, storing or
16 selling non-alcoholic snack foods, as defined in paragraph (b) of this
17 subdivision, (ii) manufacturing, bottling, storing, or selling non-alco-
18 holic carbonated beverages, (iii) manufacturing, storing or selling
19 non-alcoholic non-carbonated soft drinks, mineral waters, spring waters,
20 drinking water, non-taxable malt or cereal beverages, juice drinks,
21 fruit or vegetable juices, ice, liquid beverage mixes and dry or frozen
22 beverage mixes, (iv) acquiring, storing or selling wine products, (v)
23 the sale of promotional items on such premises, or (vi) the sale of
24 tobacco products at retail by wholesalers who are licensed to sell beer
25 and other products at retail; (2) prohibit a wholesaler authorized to
26 sell wine from manufacturing, acquiring or selling wine merchandise, as
27 defined in paragraph (d) of this subdivision; (3) prohibit a licensed
28 winery or licensed farm winery from engaging in the business of a wine
29 wholesaler for New York state labeled wines produced by any licensed
30 winery or licensed farm winery or prohibit such wine wholesaler from
31 exercising any of its rights pursuant to sections seventy-six and seven-
32 ty-six-a of this chapter provided that the operation of such beer and
33 wine wholesalers business shall be subject to such rules and regulations
34 as the liquor authority may prescribe; (4) prohibit a beer wholesaler
35 who is authorized to sell beer at retail from selling at retail: (i)
36 candy, chewing gum and cough drops; (ii) non-refrigerated salsa; (iii)
37 cigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue
38 and picnic-related products and supplies, which shall include, but not
39 be limited to, charcoal, grills, propane gas, plastic and paper cups,
40 paper or plastic tablecloths and coolers; (v) beer making and brewing
41 supplies and publications, which shall include, but not be limited to,
42 books, magazines, equipment and ingredients; (vi) steins, mugs and other
43 glassware appropriate for the consumption of beer, malt beverages and
44 wine products; (vii) items typically used to serve beer and malt bever-
45 ages including, but not limited to, taps, kegerators, koozies and beer
46 socks; (viii) lemons, limes and oranges, provided that no more than two
47 dozen of each shall be displayed at any one time; (ix) rock salt, ice
48 and snow melting compounds, snow shovels; windshield washer solvent;
49 firewood; beach umbrellas; sunglasses and sun block; and (x) prepaid
50 telephone cards; (5) prohibit the installation and operation of a single
51 automated teller machine in the premises of a beer wholesaler who is
52 authorized to sell beer at retail; [or] (6) prohibit a liquor or a wine
53 wholesaler from transporting or selling gifts or promotional items asso-
54 ciated with wine or liquor products as provided for in subdivision four
55 of section sixty-three of this chapter; or (7) prohibit a liquor whole-
56 saler from transporting or selling tonic water, bitters, maraschino
S. 4575 5
1 cherries or dealcoholized wine. For the purposes of this subdivision,
2 "automated teller machine" means a device which is linked to the
3 accounts and records of a banking institution and which enables consum-
4 ers to carry out banking transactions, including but not limited to,
5 account transfers, deposits, cash withdrawals, balance inquiries and
6 loan payments.
7 § 3. This act shall take effect immediately.
8 PART E
9 Section 1. Subdivision 5 of section 63 of the alcoholic beverage
10 control law is amended to read as follows:
11 5. Not more than [one license] two licenses shall be granted to any
12 person under this section.
13 § 2. This act shall take effect immediately.
14 PART F
15 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of
16 section 101 of the alcoholic beverage control law, as amended by chapter
17 318 of the laws of 2016, is amended to read as follows:
18 Be interested directly or indirectly in any premises licensed under
19 this chapter where any alcoholic beverage is sold at retail; or in any
20 business licensed under this chapter devoted wholly or partially to the
21 sale of any alcoholic beverage at retail by stock ownership, interlock-
22 ing directors, mortgage or lien or any personal or real property, or by
23 any other means. The provisions of this paragraph shall not apply to
24 § 2. The opening paragraph of paragraph (a) of subdivision 13 of
25 section 106 of the alcoholic beverage control law, as amended by chapter
26 453 of the laws of 2018, is amended to read as follows:
27 No retail licensee for on-premises consumption shall be interested,
28 directly or indirectly, in any premises licensed under this chapter
29 where liquors, wines or beer are manufactured or sold at wholesale, by
30 stock ownership, interlocking directors, mortgage or lien on any
31 personal or real property or by any other means, except that liquors,
32 wines or beer may be manufactured or sold wholesale by the person
33 licensed as a manufacturer or wholesaler thereof:
34 § 3. This act shall take effect immediately.
35 PART G
36 Section 1. Subdivision 6 of section 63 of the alcoholic beverage
37 control law, as added by chapter 1024 of the laws of 1965, is amended to
38 read as follows:
39 6. Determinations under this section with respect to approving the
40 issuance of a new license or under section one hundred eleven of this
41 chapter with respect to the transfer to any other premises of a license
42 issued hereunder, shall be made [in accordance with public convenience
43 and advantage] unless there is good cause shown for disapproval by the
44 liquor authority.
45 § 2. Subdivision 4 of section 79 of the alcoholic beverage control
46 law, as added by chapter 1024 of the laws of 1965, is amended to read as
47 follows:
48 4. Determinations under this section with respect to approving the
49 issuance of a new license or under section one hundred eleven of this
50 chapter with respect to the transfer to any other premises of a license
S. 4575 6
1 issued hereunder shall be made [in accordance with public convenience
2 and advantage] unless there is good cause shown for disapproval by the
3 liquor authority.
4 § 3. This act shall take effect immediately.
5 PART H
6 Section 1. Subdivisions 3 and 4 of section 93 of the alcoholic bever-
7 age control law, subdivision 3 as amended by section 12 of part Z of
8 chapter 85 of the laws of 2002 and subdivision 4 as amended by chapter
9 297 of the laws of 2016, are amended to read as follows:
10 3. The license fee for such permit shall be [twenty-six] twenty-five
11 dollars per year, or for any part thereof, and the permit shall be
12 issued for the calendar year.
13 4. Notwithstanding the foregoing provisions of this section, any duly
14 licensed manufacturer or wholesaler may apply to the liquor authority
15 for an annual temporary solicitor's employment permit. Such permit shall
16 authorize such manufacturer or wholesaler to employ one or more persons
17 as a solicitor for a period of not exceeding six months provided that
18 within sixty days after such employee has been employed as a solicitor
19 such employee shall file [his] their application for a solicitor's
20 permit with the liquor authority. The license fee for such permit shall
21 be [thirty-eight] thirty-five dollars per year, or for any part thereof,
22 and the permit shall be issued for the calendar year. Such permit and
23 the exercise of the privileges hereby granted thereunder, shall be
24 subject to such terms and conditions as may be prescribed by the liquor
25 authority.
26 § 2. Subdivision 2 of section 94 of the alcoholic beverage control
27 law, as amended by section 14 of part Z of chapter 85 of the laws of
28 2002, is amended to read as follows:
29 2. Such permit shall be issued for the calendar year, and may cover
30 one or more trucks and in cities having a population of one million or
31 less to duly licensed taxicabs used to deliver only wine or liquor sold
32 at retail and the fee therefor shall be at the rate of [fifty-one] fifty
33 dollars per truck or such duly licensed taxicab per year.
34 § 3. Section 97 of the alcoholic beverage control law, as amended by
35 chapter 204 of the laws of 1963, the section heading as amended by chap-
36 ter 363 of the laws of 1977, subdivision 1 as amended by section 3 of
37 part H of chapter 55 of the laws of 2024, subdivision 2 as amended by
38 section 19 of part Z of chapter 85 of the laws of 2002, subdivision 4 as
39 added by chapter 120 of the laws of 2012, and subdivision 5 as added by
40 chapter 160 of the laws of 2024, is amended to read as follows:
41 § 97. Temporary beer and wine permit. 1. The liquor authority is
42 hereby authorized to issue temporary permits effective for a period not
43 to exceed twenty-four consecutive hours to authorize the sale of beer,
44 wine, cider, mead and/or braggot, and liquor at outdoor or indoor gath-
45 erings, functions, occasions or events, within the hours fixed by or
46 pursuant to subdivision five of section one hundred six of this chapter,
47 during which alcoholic beverages may lawfully be sold or served upon
48 premises licensed to sell alcoholic beverages at retail for on-premises
49 consumption in the community in which is located the premises in which
50 such gathering, function, occasion or event is held. The fee for such
51 permit shall be [twenty-six] twenty-five dollars. Such permit and the
52 exercise of the privilege granted thereby shall be subject to such rules
53 of the liquor authority as it deems necessary.
S. 4575 7
1 2. The liquor authority is hereby authorized to issue an annual permit
2 to brewers and beer wholesalers authorizing such licensees to sell beer
3 for consumption at outdoor or indoor gatherings, functions, occasions or
4 events, provided that such gatherings are not open to admission to the
5 general public nor is admission thereto made contingent upon the payment
6 of an admission fee, donation or contribution, and further provided that
7 such beer is not resold at such gatherings. Every brewer or beer whole-
8 saler to whom a permit shall be issued hereunder shall require every
9 person to whom beer shall be sold for use at such gatherings to make,
10 execute and file with such brewer or beer wholesaler, upon a form to be
11 prescribed by the liquor authority, a statement, that the beer purchased
12 by such person will not be sold or offered for sale by such person. Such
13 statement shall be accepted for all purposes as the equivalent of an
14 affidavit, and if false, shall subject the person making and executing
15 the same to the same penalties as if [he had] they have been duly sworn.
16 Such permit shall be issued in the form prescribed by the liquor author-
17 ity and shall run concurrently with the annual term of the brewer's
18 license or of the wholesale beer license, and the fee for such permit
19 shall be [sixty-four] sixty dollars. Such a permit and the exercise of
20 the privileges granted thereunder shall be subject to such rules by the
21 liquor authority as it deems necessary. The provisions hereof shall not
22 apply to the sale of beer for consumption in the home.
23 [4.] 3. The liquor authority is hereby authorized to issue a temporary
24 permit effective for a period not to exceed twenty-four consecutive
25 hours to any holder of a license to manufacture wine in this or any
26 other state, to sell wine at outdoor or indoor gatherings, functions,
27 occasions, or events, provided that such manufacturer produces not more
28 than one hundred fifty thousand gallons of wine annually. The fee for
29 such permit shall be [twenty-six] twenty-five dollars.
30 [5.] 4. The authority is authorized to allow a brewer, once per annum,
31 and after the property owner obtains a permit under this section, to
32 sell or offer at no cost beer, beginning at eight antemeridian and
33 ending at the hours fixed by or pursuant to subdivision five of section
34 one hundred six of this chapter, at the following two locations in the
35 city of Utica, county of Oneida, and bounded and described as follows:
36 PARCEL I
37 Beginning at the northwest corner of the beer storage building at the
38 corner of Edward Street and Wasmer Street and proceeding northerly for a
39 distance of 76 feet 1 inch; thence 128 feet 5 inches easterly along
40 Wasmer Street; thence continuing along said Wasmer Street northeasterly
41 for a distance of 202 feet 10 inches to the corner of Wasmer Street and
42 Hamilton Street.
43 Thence northerly along Hamilton Street for a distance of 46 feet 8 inch-
44 es to the intersection of Columbia Street. Thence northwesterly along
45 Columbia Street for a distance of 233 feet 6 inches. Thence southwester-
46 ly for a distance of 77 feet 7 inches to a fence. Thence northwesterly
47 for a distance of 62 feet and thence southwesterly a distance of 10 feet
48 6 inches to the southeastern corner of the brewery garage.
49 Thence, following the garage's perimeter: first in a southwesterly
50 direction for a distance of 133 feet 2 inches to the southwest corner of
51 the garage; thence in a northwesterly direction for a distance of 22
52 feet 5 inches; and thence in a northeasterly direction for a distance of
53 11 feet 2 inches, then in a northwesterly direction for a distance of
54 100 feet, to a fence just before the sidewalk on Schuyler Street; thence
55 southwesterly for a distance of 234 feet 5 inches to the Brewery main
56 complex.
S. 4575 8
1 Thence following the perimeter of the brewery complex buildings south-
2 east for a distance of 82 feet 8 inches, northeasterly for a distance of
3 81 feet 11 inches; thence southeasterly for a distance of 85 feet 3
4 inches; thence northeasterly for a distance of 21 feet 6 inches; and
5 thence southeasterly for a distance of 96 feet 8 inches to the north-
6 western corner of the shipping office.
7 From the northwestern corner of the shipping office, southeasterly for a
8 distance of 33 feet 9 inches; thence southwesterly for a distance of 37
9 feet 8 inches; thence southeasterly for a distance of 65 feet 8 inches;
10 thence southerly for a distance of 27 feet 4 inches; thence easterly for
11 a distance of 33 feet, to the point or place of beginning.
12 PARCEL II
13 Beginning at the iron fence which is 26 feet northwest of the southwest
14 corner of the tour center on Court Street; thence 66 feet, 7 inches
15 northeast, 11 feet 7 inches northwest to the west corner of the tour
16 center parking lot stairs. Proceeding northeasterly 71 feet 10 inches,
17 thence northwesterly 19 feet 10 inches to the southeastern corner of the
18 boiler room building. Thence northwesterly 161 feet; south by southwest
19 80 feet; southwest 58 feet 5 inches and finally southeast 155 feet to
20 the point or place of beginning.
21 § 4. Paragraph (b) of subdivision 2 and subdivision 4 of section 97-a
22 of the alcoholic beverage control law, paragraph (b) of subdivision 2 as
23 added by chapter 396 of the laws of 2010 and subdivision 4 as amended by
24 chapter 431 of the law of 2024, are amended to read as follows:
25 (b) the applicant shall have filed with the authority an application
26 for a temporary retail permit, accompanied by a nonrefundable filing fee
27 of one hundred [twenty-eight] twenty-five dollars for all retail beer
28 licenses or six hundred forty dollars for all other retail licenses;
29 4. A temporary retail permit issued by the authority pursuant to this
30 section shall be for a period not to exceed one hundred eighty days. A
31 temporary permit may be extended at the discretion of the authority, for
32 an additional thirty day period upon payment of an additional fee of
33 [sixty-four] sixty dollars for all retail beer licenses and [ninety-six]
34 ninety-five dollars for all other temporary permits and upon compliance
35 with all conditions required in this section. The authority may, in its
36 discretion, issue additional thirty day extensions upon payment of the
37 appropriate fee.
38 § 5. Subdivisions 2 and 3 of section 99-d of the alcoholic beverage
39 control law, subdivision 2 as amended by chapter 560 of the laws of 2011
40 and subdivision 3 as amended by section 24 of part Z of chapter 85 of
41 the laws of 2002, are amended to read as follows:
42 2. Before any change in the members of a limited liability company or
43 the transfer or assignment of a membership interest in a limited liabil-
44 ity company or any corporate change in stockholders, stockholdings,
45 alcoholic beverage officers, officers or directors, except officers and
46 directors of a premises licensed as a club or a luncheon club under this
47 chapter can be effectuated for the purposes of this chapter, there shall
48 be filed with the liquor authority an application for permission to make
49 such change and there shall be paid to the liquor authority in advance
50 upon filing of the application a fee of one hundred [twenty-eight] twen-
51 ty-five dollars.
52 (a) The provisions of this section shall not be applicable where there
53 are ten or more stockholders and such change involves less than ten per
54 centum of the stock of the corporation and the stock holdings of any
55 stockholder are not increased thereby to ten per centum or more of the
56 stock.
S. 4575 9
1 (b) Where the same corporation operates two or more premises separate-
2 ly licensed under this chapter a separate corporate change shall be
3 filed for each such licensed premises, except as otherwise provided for
4 by rule of the liquor authority. The corporate change fee provided for
5 herein shall not be applicable to more than one license held by the same
6 corporation.
7 (c) Notwithstanding any corporate change approved by the authority, a
8 licensed corporation or limited liability company shall be bound by the
9 representations set forth in the original application and any amendments
10 thereto approved by the authority.
11 3. Before any removal of a license to any premises other than the
12 licensed premises or to any other part of the building containing the
13 licensed premises, the licensee shall make an application to the liquor
14 authority for permission to effect such removal and shall pay to the
15 liquor authority in advance upon filing of the application a fee of one
16 hundred [ninety-two] ninety dollars where the base license fee is five
17 hundred dollars or more and [thirty-two] thirty dollars in all other
18 instances.
19 § 6. Paragraphs (a) and (b) of subdivision 4 of section 100 of the
20 alcoholic beverage control law, as amended by chapter 423 of the laws of
21 2016, are amended to read as follows:
22 (a) if the licensed premises is a legitimate theatre or concert hall,
23 or contiguous to and used in conjunction with a legitimate theatre or
24 concert hall, additional bars, counters or contrivances may be permitted
25 by the liquor authority upon payment to it of an annual fee of one
26 hundred dollars for each such additional bar, counter or contrivance so
27 permitted[,] in addition to the annual license fee paid by such licen-
28 see;
29 (b) if such licensed premises be located at a baseball park, race
30 track, or either outdoor or indoor athletic field, facility, arena or
31 stadium, additional bars, counters or contrivances where beer shall be
32 sold at retail for consumption on the premises may be permitted by the
33 liquor authority, upon payment to it of the annual fee of thirty dollars
34 for each such additional bar, counter or contrivance so permitted[,] in
35 addition to the amount of the annual license fee paid by the licensee;
36 and
37 § 7. Section 56 of the alcoholic beverage control law, as amended by
38 section 1 of part Z of chapter 85 of the laws of 2002, subdivision 1 as
39 amended by chapter 108 of the laws of 2012, paragraph (a) of subdivision
40 1 as amended by chapter 431 of the laws of 2014, and subdivision 11 as
41 added by chapter 422 of the laws of 2016, is amended to read as follows:
42 § 56. License fees. 1. The annual fee for a license to manufacture
43 beer shall be:
44 (a) four thousand dollars for a brewer's license, unless the annual
45 production of the brewer is less than seventy-five thousand barrels per
46 year, in which case the annual fee shall be three hundred twenty
47 dollars;
48 (b) three hundred twenty dollars for a farm brewery license.
49 2. The annual fee for a wholesaler's beer license shall be eight
50 hundred dollars.
51 3. The annual fee for a vendor's license shall be one hundred [forty-
52 four] forty dollars.
53 4. The annual fee for a license to sell beer at retail not to be
54 consumed on the premises where sold shall be one hundred ten dollars.
55 Where, however, the applicant is the holder of two such licenses, the
S. 4575 10
1 annual fee for each additional license thereafter issued to such licen-
2 see shall be double the amount hereinabove set forth.
3 5. The annual fee for a license to sell beer at retail to be consumed
4 on the premises where sold shall be three hundred twenty dollars in
5 cities having a population of one hundred thousand or over, and one
6 hundred sixty dollars elsewhere; provided, however, that where the prem-
7 ises to be licensed remain open only within the period commencing April
8 first and ending October thirty-first of any one year or only within the
9 period commencing October first and ending the following April thirti-
10 eth, the liquor authority, in its discretion, may grant a summer or
11 winter license effective only for such appropriate period of time, for
12 which an annual fee of one hundred sixty dollars shall be paid where the
13 premises are located in cities having a population of one hundred thou-
14 sand or over, and eighty dollars where such premises are located else-
15 where.
16 6. The annual fee for selling beer upon any railroad car to be
17 consumed on such car or any car connected therewith shall be [ninety-
18 six] ninety dollars for each railroad car licensed.
19 7. The annual fee for selling beer upon any vessel in this state,
20 other than one regularly and exclusively engaged in the business of
21 carrying passengers for hire, by charter or otherwise, for fishing
22 purposes, to be consumed on such vessel, shall be one hundred sixty
23 dollars for each vessel licensed. The annual fee for selling beer upon a
24 vessel regularly and exclusively engaged in the business of carrying
25 passengers for hire, by charter or otherwise, for fishing purposes, to
26 be consumed on such vessel, shall be forty dollars for each vessel
27 licensed. The annual fee for selling beer for off-premise consumption
28 upon a vessel regularly and exclusively engaged, as a duly licensed
29 supply ship, in furnishing supplies to other vessels, shall be eighty
30 dollars.
31 8. The annual fee for selling beer at any baseball park, race track or
32 outdoor athletic field or stadium, to be consumed in any such baseball
33 park, race track, or outdoor athletic field or stadium, shall be one
34 hundred [ninety-two] ninety dollars.
35 9. The annual fee for a license to sell beer and wine products at
36 retail not to be consumed on the premises where sold shall be one
37 hundred [ninety-eight] ninety-five dollars.
38 10. The annual fee for a license to sell beer and wine products at
39 retail not to be consumed on the premises where sold, when the applicant
40 is the holder of two such licenses, the annual fee for each additional
41 license thereafter issued to such licensee shall be three hundred
42 [fifty-two] fifty dollars.
43 11. The annual fee for a license to operate a custom beermakers'
44 center shall be three hundred twenty dollars.
45 § 8. Subdivision 6 of section 64 of the alcoholic beverage control
46 law, as amended by chapter 204 of the laws of 1963, is amended to read
47 as follows:
48 6. Where an on-premise license shall be granted to the owner of a
49 hotel situated in a town or village the liquor authority may in its
50 discretion grant to such owner the right to sell liquor and wine for
51 off-premise consumption under the same terms and conditions as apply to
52 off-premise licenses upon the payment of an additional fee of [sixty-
53 two] sixty dollars [and fifty cents]; provided, however, that this
54 permission shall not be granted if an off-premise license has been
55 granted for premises located within eight miles of such hotel.
S. 4575 11
1 § 9. Section 66 of the alcoholic beverage control law, as amended by
2 section 3 of part Z of chapter 85 of the laws of 2002, subdivision 1-a
3 as added by chapter 580 of the laws of 2002, subdivision 2-c as added by
4 chapter 564 of the laws of 2007, subdivision 3-a as added by chapter 297
5 of the laws of 2016, subdivision 4 as amended by chapter 703 of the laws
6 of 2022, and subdivision 10 as added by chapter 331 of the laws of 2004,
7 is amended to read as follows:
8 § 66. License fees. 1. The annual fee for a distiller's license, class
9 A, shall be twelve thousand dollars.
10 1-a. The annual fee for a distiller's license, class A-1, shall be two
11 hundred fifty dollars.
12 2. The annual fee for a distiller's license, class B, shall be eight
13 thousand dollars.
14 2-a. The annual fee for a distiller's license, class C, shall be one
15 hundred [twenty-eight] twenty-five dollars.
16 2-b. The annual fee for a distiller's license, class B-1, shall be
17 three hundred twenty dollars.
18 2-c. The annual fee for a distiller's license, class D, shall be one
19 hundred [twenty-eight] twenty-five dollars.
20 3. The annual fee for a license to sell liquor at wholesale [shall be
21 sixty-four hundred dollars]:
22 (a) if such wholesaler has gross sales of at least seven hundred fifty
23 million dollars within the previous year in New York state as reported
24 to the department of taxation and finance on the annual beer, wine, and
25 liquor wholesalers transaction information, shall be one million
26 dollars; and
27 (b) if such wholesaler has gross sales of under seven hundred fifty
28 million dollars within the previous year in New York state as reported
29 to the department of taxation and finance on the annual beer, wine, and
30 liquor wholesalers transaction information, shall be eight hundred
31 dollars.
32 3-a. The annual fee for an importer's license shall be one hundred
33 twenty-five dollars.
34 4. The annual fee for a license, under section sixty-four or sixty-
35 four-a of this article, to sell liquor at retail to be consumed on the
36 premises where sold shall be twenty-one hundred [seventy-six] seventy
37 dollars in the counties of New York, Kings, Bronx and Queens; fifteen
38 hundred [thirty-six] thirty-five dollars in the county of Richmond and
39 in cities having a population of more than one hundred thousand and less
40 than one million; twelve hundred [sixteen] ten dollars in cities having
41 a population of more than fifty thousand and less than one hundred thou-
42 sand; and the sum of eight hundred [ninety-six] ninety-five dollars
43 elsewhere; except that the license fees for catering establishments and
44 off-premises catering establishments shall be two-thirds the license fee
45 specified herein and for clubs, except luncheon clubs and golf clubs,
46 shall be seven hundred fifty dollars in the counties of New York, Kings,
47 Bronx and Queens; five hundred dollars in the county of Richmond and in
48 cities having a population of more than one hundred thousand and less
49 than one million; three hundred fifty dollars in cities having a popu-
50 lation of more than fifty thousand and less than one hundred thousand;
51 and the sum of two hundred fifty dollars elsewhere. The annual fees for
52 luncheon clubs shall be three hundred seventy-five dollars, and for golf
53 clubs in the counties of New York, Kings, Bronx, Queens, Nassau, Rich-
54 mond and Westchester, two hundred fifty dollars, and elsewhere one
55 hundred [eighty-seven] eighty-five dollars [and fifty cents]. Notwith-
56 standing any other provision of law to the contrary, there shall be no
S. 4575 12
1 annual fee for a license, under section sixty-four, to sell liquor at
2 retail to be consumed on the premises where the applicant is an organ-
3 ization organized under section two hundred sixty of the military law
4 and incorporated pursuant to the not-for-profit corporation law.
5 Provided, however, that where any premises for which a license is issued
6 pursuant to section sixty-four or sixty-four-a of this article remain
7 open only within the period commencing April first and ending October
8 thirty-first of any one year, or only within the period commencing Octo-
9 ber first and ending the following April thirtieth, the liquor authority
10 may, in its discretion, grant a summer or winter license effective only
11 for such appropriate period of time, for which a license fee shall be
12 paid to be pro-rated for the period for which such license is effective,
13 at the rate provided for in the city, town or village in which such
14 premises are located, except that no such license fee shall be less than
15 one-half of the regular annual license fee; provided further that where
16 the premises to be licensed are a race track or a golf course or are
17 licensed pursuant to section sixty-four or sixty-four-a of this article,
18 the period of such summer license may commence March first and end
19 November thirtieth.
20 Where a hotel, restaurant, club, golf course or race track is open
21 prior to April first and/or subsequent to October thirty-first by reason
22 of the issuance of a caterer's permit or permits issued by the authori-
23 ty, such fact alone shall not affect the eligibility of the premises or
24 the person owning or operating such hotel, restaurant, club, golf course
25 or race track for a summer license.
26 5. The annual fee for a license to sell liquor at retail not to be
27 consumed on the premises where sold shall be thirteen hundred [sixty-
28 six] sixty dollars in the counties of New York, Kings, Bronx and Queens;
29 eight hundred [fifty-four] fifty dollars in the county of Richmond and
30 in cities having a population of more than one hundred thousand and less
31 than one million; and elsewhere the sum of five hundred [twelve] ten
32 dollars.
33 6. The annual fee for a license to sell liquor upon any railroad car
34 to be consumed on such car or any car connected therewith shall be one
35 hundred [ninety-two] ninety dollars for each railroad car licensed.
36 7. The annual fee for a license to sell liquor upon any vessel in this
37 state to be consumed upon such vessel shall be sixteen hundred dollars
38 for each vessel licensed, provided, however, that where a vessel is
39 operated only within the period commencing April first and ending Octo-
40 ber thirty-first of any one year, the liquor authority may, in its
41 discretion, grant for such vessel a summer license effective only for
42 such period of time, for which a license fee of four hundred [forty-
43 eight] forty dollars shall be paid.
44 8. The annual fee for a license to sell liquor upon an aircraft being
45 operated on regularly scheduled flights by a United States certificated
46 airline in this state shall be nineteen thousand two hundred [twenty]
47 dollars per annum for an airline company operating up to and including
48 twenty such aircraft and twenty-five thousand six hundred [sixty]
49 dollars for such an airline operating more than twenty such aircraft.
50 9. The annual fee for a license for a bottle club shall be the same as
51 the annual fee for a special license to sell liquor at retail to be
52 consumed on the premises, as set forth in subdivision four of this
53 section.
54 10. Notwithstanding any provision to the contrary, the annual fee for
55 a license for an establishment defined as an owner-occupied residence
56 providing at least three but no more than five rooms for temporary tran-
S. 4575 13
1 sient lodgers with sleeping accommodations and a meal in the forenoon of
2 the day, known as a "bed and breakfast dwelling" as authorized by subdi-
3 vision five-a of section sixty-four of this article, shall be two
4 hundred dollars plus fifteen dollars per each available bedroom.
5 § 10. Subdivision 1 of section 79-a of the alcoholic beverage control
6 law, as amended by section 5 of part Z of chapter 85 of the laws of
7 2002, is amended to read as follows:
8 1. Any person licensed to sell beer at retail for consumption off the
9 premises, pursuant to section fifty-four of this chapter, shall, by
10 virtue of such license and upon payment to the liquor authority of an
11 additional fee in the sum of one hundred sixty-five dollars in cities
12 having a population of one hundred thousand or over and [eighty-three]
13 eighty dollars elsewhere, be granted authorization to sell from the
14 licensed premises wine products in sealed containers for consumption off
15 such premises. Upon receipt of such additional fee, the liquor authority
16 shall promptly issue a permit authorizing such sales by the licensee.
17 § 11. Subdivisions 1 and 1-a of section 79-b of the alcoholic beverage
18 control law, as amended by section 6 of part Z of chapter 85 of the laws
19 of 2002, are amended to read as follows:
20 1. Any person licensed to sell beer at retail for consumption on the
21 premises, pursuant to section fifty-five of this chapter, shall, by
22 virtue of such license and upon payment to the liquor authority of an
23 additional fee in the sum of one hundred [ninety-two] ninety dollars in
24 cities having a population of one hundred thousand or over and [ninety-
25 six] ninety dollars elsewhere, be granted authorization to sell from the
26 licensed premises wine products in sealed containers at retail for
27 consumption on or off such premises. Upon receipt of such additional
28 fee, the liquor authority shall promptly issue a permit authorizing such
29 sales by the licensee.
30 1-a. Any person licensed to sell beer at retail for consumption on the
31 premises, pursuant to section fifty-five-a of this chapter, shall, by
32 virtue of such license and upon payment to the liquor authority of an
33 additional fee in the sum of one hundred [ninety-two] ninety dollars in
34 cities having a population of one hundred thousand or over and [ninety-
35 six] ninety dollars elsewhere, be granted authorization to sell from the
36 licensed premises wine products in sealed containers at retail for
37 consumption on such premises. Upon receipt of such additional fee, the
38 liquor authority shall promptly issue a permit authorizing such sales by
39 the licensee.
40 § 12. Section 83 of the alcoholic beverage control law, as amended by
41 section 7 of part Z of chapter 85 of the laws of 2002, subdivision 1-a
42 as amended by chapter 221 of the laws of 2011, subdivision 1-d as
43 amended by chapter 613 of the laws of 2008, subdivision 8 as added by
44 chapter 355 of the laws of 2013, and subdivision 9 as added by chapter
45 422 of the laws of 2016, is amended to read as follows:
46 § 83. License fees. 1. The annual fee for a winery license shall be
47 six hundred twenty-five dollars.
48 1-a. The annual fee for a farm winery license shall be one hundred
49 twenty-five dollars, provided that the annual fee for a farm winery
50 manufacturing no more than fifteen hundred finished gallons of wine
51 annually shall be fifty dollars.
52 1-d. The fee for each license issued for a winery or farm winery
53 licensee's authority to conduct wine tastings and the sale of New York
54 state labelled wines for off-premises consumption pursuant to paragraph
55 (c) of subdivision two of section seventy-six of this article shall be
56 forty dollars.
S. 4575 14
1 2. The annual fee for a license to sell wine at wholesale [shall be
2 eight hundred dollars]:
3 (a) if such wholesaler has gross sales of at least seven hundred fifty
4 million dollars within the previous year in New York state as reported
5 to the department of taxation and finance on the annual beer, wine, and
6 liquor wholesalers transaction information, shall be one million
7 dollars; and
8 (b) if such wholesaler has gross sales of under seven hundred fifty
9 million dollars within the previous year in New York state as reported
10 to the department of taxation and finance on the annual beer, wine, and
11 liquor wholesalers transaction information, shall be eight hundred
12 dollars.
13 3. The annual fee for a license to sell wine at retail, not to be
14 consumed on the premises, shall be six hundred forty dollars for each
15 such place where such business is carried on in cities having a popu-
16 lation of one million or more; in cities having less than one million
17 population and more than one hundred thousand, three hundred twenty
18 dollars; and elsewhere, the sum of one hundred forty-five dollars.
19 4. The annual fee for selling wine at retail, to be consumed on the
20 premises where sold, shall be as follows:
21 (a) In cities having a population of one hundred thousand or over the
22 sum of four hundred eighty dollars per year; and
23 (b) Elsewhere, the sum of two hundred forty dollars per year.
24 4-a. The annual fee for a license to sell wine at retail to be
25 consumed on the premises where sold where the premises to be licensed
26 remain open only within the period commencing April first and ending
27 October thirty-first of any one year or only within the period commenc-
28 ing October first and ending the following April thirtieth, the liquor
29 authority, in its discretion, may grant a summer or winter license
30 effective only for such appropriate period of time, for which an annual
31 fee of one hundred [twelve] ten dollars shall be paid.
32 5. The annual fee for a special license to sell wine at retail, to be
33 consumed on the premises where sold, shall be as follows:
34 (a) In cities having a population of one hundred thousand or over, the
35 sum of five hundred [seventy-six] seventy-five dollars per year; and
36 (b) Elsewhere, the sum of two hundred seventy dollars per year.
37 6. The annual fee for a special winery license shall be six hundred
38 twenty-five dollars.
39 7. The annual fee for a special farm winery license shall be one
40 hundred twenty-five dollars.
41 8. The annual fee for a roadside farm market license shall be one
42 hundred dollars.
43 9. The annual fee for a license to operate a custom winemakers' center
44 shall be three hundred twenty dollars.
45 § 13. Section 122 of the alcoholic beverage control law, as amended by
46 chapter 408 of the laws of 1997, is amended to read as follows:
47 § 122. Continuance of business by receiver or other representative.
48 If a corporation or copartnership holding any license or holding a
49 permit for which an annual fee of one hundred dollars or more is
50 prescribed by this chapter shall be dissolved, or if a receiver or
51 assignee for the benefit of creditors be appointed therefor, or if a
52 receiver, assignee for the benefit of creditors or a committee or
53 conservator of the property of an individual holding any license or
54 holding a permit for which an annual fee of one hundred dollars or more
55 is prescribed by this chapter be appointed, during the time for which
56 such license or permit was granted, or if a person, including a member
S. 4575 15
1 of a copartnership, holding any license or holding a permit for which an
2 annual fee of one hundred dollars or more is prescribed by this chapter
3 shall die during the term for which such license or permit was given,
4 such corporation, copartnership, receiver or assignee, or the adminis-
5 trator or executor of the estate of such individual, or of such deceased
6 member of a copartnership, or a committee of the property of a person
7 adjudged to be incompetent, or a conservator of the property of an indi-
8 vidual, or a petition under title eleven of the United States code shall
9 have been filed and a trustee has been appointed or the holder of the
10 license [of] or permit has been permitted to remain in possession with-
11 out the appointment of a trustee, may continue to carry on such business
12 upon such premises for the balance of the term for which such license or
13 permit was effective, with the same rights and subject to the same
14 restrictions and liabilities as if [he] they had been the original
15 applicant for and the original holder, or one of either of them, of such
16 license or permit, providing the approval of the liquor authority shall
17 be first obtained. Before continuing such business, such receiver,
18 assignee, individual, committee, or conservator, debtor in possession,
19 or trustee in bankruptcy shall file a statement setting forth in such
20 form and substance as the liquor authority may prescribe the facts and
21 circumstances by which [he has] they have succeeded to the rights of the
22 original licensee or permittee. The liquor authority may, in its
23 discretion, permit the continuance of such business or may refuse to do
24 so. In the event that the authority determines to permit the continuance
25 of the business, the license or permit shall be submitted to the author-
26 ity and shall have affixed thereto a certificate in the form prescribed
27 by the authority. For each such certificate, a fee shall be paid to the
28 liquor authority of fifty dollars by the applicant, except in the case
29 of an off-premise beer license, such fee shall be ten dollars which
30 shall be paid into the same fund as other license fees herein provided
31 for.
32 § 14. This act shall take effect on the first of January next succeed-
33 ing the date on which it shall have become a law. Effective immediately,
34 the addition, amendment and/or repeal of any rule or regulation neces-
35 sary for the implementation of this act on its effective date are
36 authorized to be made and completed on or before such effective date.
37 PART I
38 Section 1. The opening paragraph of subdivision 2 of section 99-d of
39 the alcoholic beverage control law, as amended by chapter 560 of the
40 laws of 2011, is amended to read as follows:
41 Before any change in the members of a limited liability company or the
42 transfer or assignment of a membership interest in a limited liability
43 company or any corporate change in stockholders, stockholdings, alcohol-
44 ic beverage officers, officers or directors, except officers and direc-
45 tors of a premises licensed as a club or a luncheon club under this
46 chapter can be effectuated for the purposes of this chapter, there shall
47 be filed with the liquor authority an application for permission to make
48 such change and there shall be paid to the liquor authority in advance
49 upon filing of the application a fee of one hundred twenty-eight
50 dollars. Such application shall be deemed approved and in effect if not
51 disapproved by the authority prior to the expiration of ninety days
52 after receipt by the authority.
53 § 2. This act shall take effect immediately.
S. 4575 16
1 PART J
2 Section 1. Subdivision 4 of section 97-a of the alcoholic beverage
3 control law, as amended by chapter 431 of the laws of 2024, is amended
4 to read as follows:
5 4. A temporary retail permit issued by the authority pursuant to this
6 section shall be for a period not to exceed one hundred eighty days. A
7 temporary permit may be extended at the discretion of the authority, for
8 an additional [thirty] ninety day period upon payment of an additional
9 fee of sixty-four dollars for all retail beer licenses and ninety-six
10 dollars for all other temporary permits and upon compliance with all
11 conditions required in this section. The authority may, in its
12 discretion, issue additional [thirty] ninety day extensions upon payment
13 of the appropriate fee.
14 § 2. Subdivision 6 of section 97-a of the alcoholic beverage control
15 law, as added by chapter 396 of the laws of 2010, is amended to read as
16 follows:
17 6. The holder of a temporary retail permit shall [purchase alcoholic
18 beverages only by payment in currency or check for such alcoholic bever-
19 ages on or before the day such alcoholic beverages are delivered,
20 provided, however, that the holder of a temporary permit issued pursuant
21 to this section who also holds one or more retail licenses and is oper-
22 ating under such retail license or licenses in addition to the temporary
23 retail permit, and who is not delinquent under the provisions of section
24 one hundred one-aa of this chapter as to any retail license under which
25 he operates, may purchase alcoholic beverages on credit under the tempo-
26 rary permit] be subject to sections one hundred one-aa and one hundred
27 one-aaa of this chapter.
28 § 3. Section 5 of chapter 396 of the laws of 2010 amending the alco-
29 holic beverage control law relating to liquidator's permits and tempo-
30 rary retail permits, as amended by section 1 of part K of chapter 55 of
31 the laws of 2024, is amended to read as follows:
32 § 5. This act shall take effect on the sixtieth day after it shall
33 have become a law[, provided that paragraph (b) of subdivision 1 of
34 section 97-a of the alcoholic beverage control law as added by section
35 two of this act shall expire and be deemed repealed October 12, 2025].
36 § 4. This act shall take effect immediately; provided, however, that
37 section two of this act shall take effect on the ninetieth day after it
38 shall have become a law.
39 PART K
40 Section 1. The alcoholic beverage control law is amended by adding a
41 new section 97-e to read as follows:
42 § 97-e. Temporary wholesale permit. 1. Any person may apply to the
43 liquor authority for a temporary permit to operate any alcoholic bever-
44 age wholesale facility as may be licensed under this chapter. Such
45 application shall be in writing and verified and shall contain informa-
46 tion as the liquor authority shall require. Such application shall be
47 accompanied by a check or draft in the amount of one hundred twenty-five
48 dollars for such permit.
49 2. Upon application, the liquor authority may issue such temporary
50 permit when:
51 (a) the applicant has a wholesale license application at the same
52 premises pending before the liquor authority, together with all required
53 filing and license fees;
S. 4575 17
1 (b) the applicant has obtained and provided evidence of all permits,
2 licenses and other documents necessary for the operation of such a busi-
3 ness; and
4 (c) any current license in effect at the premises has been surrendered
5 or placed in safekeeping, or has been deemed abandoned by the authority.
6 3. The liquor authority in granting such permit shall ensure that:
7 (a) issuance of the permit will not inordinately hinder the operation
8 or effective administration of this chapter;
9 (b) the applicant would in all likelihood be able to ultimately obtain
10 the wholesale license being applied for; and
11 (c) the applicant has substantially complied with the requirements
12 necessary to obtain such license.
13 4. The application for a permit shall be approved or denied by the
14 liquor authority within forty-five days after the receipt of such appli-
15 cation.
16 5. A temporary permit shall authorize the permittee to operate a
17 wholesale facility for the purchase, warehousing, and sale of alcoholic
18 beverages according to the laws applicable to the type of wholesale
19 license being applied for.
20 6. Such temporary permit shall remain in effect for six months or
21 until the wholesale license being applied for is approved and the
22 license granted, whichever is shorter. Such permit may be extended at
23 the discretion of the liquor authority for additional three-month peri-
24 ods of time upon payment of an additional fee of fifty dollars for each
25 such extension.
26 7. Notwithstanding any provision of law to the contrary, a temporary
27 wholesale permit may be summarily cancelled or suspended at any time if
28 the liquor authority determines that good cause for cancellation or
29 suspension exists. The liquor authority shall promptly notify the
30 permittee in writing of such cancellation or suspension and shall set
31 forth the reasons for such action.
32 8. The liquor authority in reviewing such application shall review the
33 entire record and grant the temporary permit unless good cause is other-
34 wise shown. A decision on an application shall be based on substantial
35 evidence in the record and supported by a preponderance of the evidence
36 in favor of the applicant.
37 § 2. Section 104 of the alcoholic beverage control law is amended by
38 adding a new subdivision 4 to read as follows:
39 4. Notwithstanding any other provision of this chapter to the contra-
40 ry, the authority may issue a cider producer or wholesaler's license,
41 beer wholesaler's license, wine wholesaler's license, or liquor whole-
42 saler's license to the holder of any wholesaler's license issued pursu-
43 ant to this chapter for use at such licensee's existing licensed prem-
44 ises. The liquor authority is hereby authorized to adopt such rules as
45 it may deem necessary to carry out the purposes of this subdivision.
46 § 3. This act shall take effect immediately and shall apply to all
47 applications filed after such effective date.
48 PART L
49 Section 1. Paragraph (a) of subdivision 7 of section 64 of the alco-
50 holic beverage control law, as amended by chapter 463 of the laws of
51 2009, is amended to read as follows:
52 (a) on the same street or avenue and within two hundred feet of a
53 building occupied exclusively as a school, church, synagogue or other
54 place of worship; provided, however, that the authority may issue a
S. 4575 18
1 retail license for on-premises consumption for a premises which shall be
2 within two hundred feet of a building occupied exclusively as a school,
3 church, synagogue, or other place of worship if the owner or administra-
4 tor of such school, church, or other place of worship affirmatively
5 state support for the issuance of such a license, or
6 § 2. Subparagraph (i) of paragraph (a) of subdivision 7 of section
7 64-a of the alcoholic beverage control law, as amended by chapter 463 of
8 the laws of 2009, is amended to read as follows:
9 (i) on the same street or avenue and within two hundred feet of a
10 building occupied exclusively as a school, church, synagogue or other
11 place of worship; provided, however, that the authority may issue a
12 retail license for on-premises consumption for a premises which shall be
13 within two hundred feet of a building occupied exclusively as a school,
14 church, synagogue, or other place of worship if the owner or administra-
15 tor of such school, church, or other place of worship affirmatively
16 state support for the issuance of such a license; or
17 § 3. Subparagraph (i) of paragraph (a) of subdivision 5 of section
18 64-b of the alcoholic beverage control law, as amended by chapter 463 of
19 the laws of 2009, is amended to read as follows:
20 (i) on the same street or avenue and within two hundred feet of a
21 building occupied exclusively as a school, church, synagogue or other
22 place of worship; provided, however, that the authority may issue a
23 retail license for on-premises consumption for a premises which shall be
24 within two hundred feet of a building occupied exclusively as a school,
25 church, synagogue, or other place of worship if the owner or adminis-
26 trator of such school, church, or other place of worship affirmative-
27 ly state support for the issuance of such a license; or
28 § 4. Subparagraph (i) of paragraph (a) of subdivision 11 of section
29 64-c of the alcoholic beverage control law, as amended by chapter 463 of
30 the laws of 2009, is amended to read as follows:
31 (i) on the same street or avenue and within two hundred feet of a
32 building occupied exclusively as a school, church, synagogue or other
33 place of worship; provided, however, that the authority may issue a
34 retail license for on-premises consumption for a premises which shall be
35 within two hundred feet of a building occupied exclusively as a school,
36 church, synagogue, or other place of worship if the owner or adminis-
37 trator of such school, church, or other place of worship affirmative-
38 ly state support for the issuance of such a license; or
39 § 5. Paragraph (a) of subdivision 8 of section 64-d of the alcoholic
40 beverage control law, as amended by chapter 463 of the laws of 2009, is
41 amended to read as follows:
42 (a) on the same street or avenue and within two hundred feet of a
43 building occupied exclusively as a school, church, synagogue or other
44 place of worship; provided, however, that the authority may issue a
45 retail license for on-premises consumption for a premises which shall be
46 within two hundred feet of a building occupied exclusively as a school,
47 church, synagogue, or other place of worship if the owner or adminis-
48 trator of such school, church, or other place of worship affirmative-
49 ly state support for the issuance of such a license; or
50 § 6. This act shall take effect immediately.
51 PART M
52 Section 1. Paragraphs (b) and (f) of subdivision 7 of section 64 of
53 the alcoholic beverage control law, paragraph (b) as amended by chapter
S. 4575 19
1 463 of the laws of 2009 and paragraph (f) as amended by chapter 185 of
2 the laws of 2012, are amended to read as follows:
3 (b) in a [city, town or village having a population of twenty thousand
4 or more] county having a population between one million six hundred
5 thousand and one million seven hundred thousand as of the two thousand
6 twenty census as conducted by the United States department of commerce
7 within five hundred feet of three or more existing premises licensed and
8 operating pursuant to this section and sections sixty-four-a, sixty-
9 four-b, sixty-four-c, and/or sixty-four-d of this article;
10 (f) Notwithstanding the provisions of paragraph (b) of this subdivi-
11 sion, in a county having a population between one million six hundred
12 thousand and one million seven hundred thousand as of the two thousand
13 twenty census as conducted by the United States department of commerce,
14 the authority may issue a license pursuant to this section for a prem-
15 ises which shall be within five hundred feet of three or more existing
16 premises licensed and operating pursuant to this section and sections
17 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
18 article if, after consultation with the municipality or community board,
19 it determines that granting such license would be in the public inter-
20 est. Before it may issue any such license, the authority shall conduct a
21 hearing, upon notice to the applicant and the municipality or community
22 board, and shall state and file in its office its reasons therefor. The
23 hearing may be rescheduled, adjourned or continued, and the authority
24 shall give notice to the applicant and the municipality or community
25 board of any such rescheduled, adjourned or continued hearing. Before
26 the authority issues any said license, the authority or one or more of
27 the commissioners thereof may, in addition to the hearing required by
28 this paragraph, also conduct a public meeting regarding said license,
29 upon notice to the applicant and the municipality or community board.
30 The public meeting may be rescheduled, adjourned or continued, and the
31 authority shall give notice to the applicant and the municipality or
32 community board of any such rescheduled, adjourned or continued public
33 meeting. Notice to the municipality or community board shall mean writ-
34 ten notice mailed by the authority to such municipality or community
35 board at least fifteen days in advance of any hearing scheduled pursuant
36 to this paragraph. Upon the request of the authority, any municipality
37 or community board may waive the fifteen day notice requirement. No
38 premises having been granted a license pursuant to this section shall be
39 denied a renewal of such license upon the grounds that such premises are
40 within five hundred feet of a building or buildings wherein three or
41 more premises are licensed and operating pursuant to this section and
42 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
43 of this article.
44 § 2. Paragraphs (a) and (d) of subdivision 7 of section 64-a of the
45 alcoholic beverage control law, paragraph (a) as amended by chapter 463
46 of the laws of 2009 and paragraph (d) as amended by chapter 185 of the
47 laws of 2012, are amended to read as follows:
48 (a) No special on-premises license shall be granted for any premises
49 which shall be
50 (i) on the same street or avenue and within two hundred feet of a
51 building occupied exclusively as a school, church, synagogue or other
52 place of worship or
53 (ii) in a [city, town or village having a population of twenty thou-
54 sand or more] county having a population between one million six hundred
55 thousand and one million seven hundred thousand as of the two thousand
56 twenty census as conducted by the United States department of commerce
S. 4575 20
1 within five hundred feet of three or more existing premises licensed and
2 operating pursuant to this section and sections sixty-four,
3 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article;
4 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
5 are to be taken in straight lines from the center of the nearest
6 entrance of the premises sought to be licensed to the center of the
7 nearest entrance of such school, church, synagogue or other place of
8 worship or to the center of the nearest entrance of each such premises
9 licensed and operating pursuant to this section and sections sixty-four,
10 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except
11 that no license shall be denied to any premises at which a license under
12 this chapter has been in existence continuously from a date prior to the
13 date when a building on the same street or avenue and within two hundred
14 feet of said premises has been occupied exclusively as a school, church,
15 synagogue or other place of worship; and except that no license shall be
16 denied to any premises, which is within five hundred feet of three or
17 more existing premises licensed and operating pursuant to this section
18 and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d
19 of this article, at which a license under this chapter has been in
20 existence continuously on or prior to November first, nineteen hundred
21 ninety-three. The liquor authority, in its discretion, may authorize the
22 removal of any such licensed premises to a different location on the
23 same street or avenue, within two hundred feet of said school, church,
24 synagogue or other place of worship, provided that such new location is
25 not within a closer distance to such school, church, synagogue or other
26 place of worship.
27 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph
28 (a) of this subdivision, in a county having a population between one
29 million six hundred thousand and one million seven hundred thousand as
30 of the two thousand twenty census as conducted by the United States
31 department of commerce, the authority may issue a license pursuant to
32 this section for a premises which shall be within five hundred feet of
33 three or more existing premises licensed and operating pursuant to this
34 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
35 sixty-four-d of this article if, after consultation with the munici-
36 pality or community board, it determines that granting such license
37 would be in the public interest. Before it may issue any such license,
38 the authority shall conduct a hearing, upon notice to the applicant and
39 the municipality or community board, and shall state and file in its
40 office its reasons therefor. Notice to the municipality or community
41 board shall mean written notice mailed by the authority to such munici-
42 pality or community board at least fifteen days in advance of any hear-
43 ing scheduled pursuant to this paragraph. Upon the request of the
44 authority, any municipality or community board may waive the fifteen day
45 notice requirement. The hearing may be rescheduled, adjourned or contin-
46 ued, and the authority shall give notice to the applicant and the muni-
47 cipality or community board of any such rescheduled, adjourned or
48 continued hearing. Before the authority issues any said license, the
49 authority or one or more of the commissioners thereof may, in addition
50 to the hearing required by this paragraph, also conduct a public meeting
51 regarding said license, upon notice to the applicant and the munici-
52 pality or community board. The public meeting may be rescheduled,
53 adjourned or continued, and the authority shall give notice to the
54 applicant and the municipality or community board of any such resched-
55 uled, adjourned or continued public meeting. No premises having been
56 granted a license pursuant to this section shall be denied a renewal of
S. 4575 21
1 such license upon the grounds that such premises are within five hundred
2 feet of a building or buildings wherein three or more premises are
3 licensed and operating pursuant to this section and sections sixty-four,
4 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
5 § 3. Paragraphs (a) and (c) of subdivision 5 of section 64-b of the
6 alcoholic beverage control law, paragraph (a) as amended by chapter 463
7 of the laws of 2009 and paragraph (c) as amended by chapter 185 of the
8 laws of 2012, are amended to read as follows:
9 (a) No bottle club license shall be granted for any premises which
10 shall be
11 (i) on the same street or avenue and within two hundred feet of a
12 building occupied exclusively as a school, church, synagogue or other
13 place of worship; or
14 (ii) in a [city, town or village having a population of twenty thou-
15 sand or more] county having a population between one million six hundred
16 thousand and one million seven hundred thousand as of the two thousand
17 twenty census as conducted by the United States department of commerce
18 within five hundred feet of three or more existing premises licensed and
19 operating pursuant to this section and sections sixty-four,
20 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article;
21 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
22 are to be taken in straight lines from the center of the nearest
23 entrance of the premises sought to be licensed to the center of the
24 nearest entrance of such school, church, synagogue or other place of
25 worship or to the center of the nearest entrance of each such premises
26 licensed and operating pursuant to this section and sections sixty-four,
27 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article; except
28 that no license shall be denied to any premises at which a license under
29 this chapter has been in existence continuously from a date prior to the
30 date when a building on the same street or avenue and within two hundred
31 feet of said premises has been occupied exclusively as a school, church,
32 synagogue or other place of worship; and except that no license shall be
33 denied to any premises, which is within five hundred feet of three or
34 more existing premises licensed and operating pursuant to this section
35 and sections sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d
36 of this article, at which a license under this chapter has been in
37 existence continuously on or prior to November first, nineteen hundred
38 ninety-three. The liquor authority, in its discretion, may authorize the
39 removal of any such licensed premises to a different location on the
40 same street or avenue, within two hundred feet of said school, church,
41 synagogue or other place of worship, provided that such new location is
42 not within a closer distance to such school, church, synagogue or other
43 place of worship.
44 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
45 (a) of this subdivision, in a county having a population between one
46 million six hundred thousand and one million seven hundred thousand as
47 of the two thousand twenty census as conducted by the United States
48 department of commerce, the authority may issue a license pursuant to
49 this section for a premises which shall be within five hundred feet of
50 three or more existing premises licensed and operating pursuant to this
51 section and sections sixty-four, sixty-four-a, sixty-four-c, and/or
52 sixty-four-d of this article if, after consultation with the munici-
53 pality or community board, it determines that granting such license
54 would be in the public interest. Before it may issue any such license,
55 the authority shall conduct a hearing, upon notice to the applicant and
56 the municipality or community board, and shall state and file in its
S. 4575 22
1 office its reasons therefor. The hearing may be rescheduled, adjourned
2 or continued, and the authority shall give notice to the applicant and
3 the municipality or community board of any such rescheduled, adjourned
4 or continued hearing. Before the authority issues any said license, the
5 authority or one or more of the commissioners thereof may, in addition
6 to the hearing required by this paragraph, also conduct a public meeting
7 regarding said license, upon notice to the applicant and the munici-
8 pality or community board. The public meeting may be rescheduled,
9 adjourned or continued, and the authority shall give notice to the
10 applicant and the municipality or community board of any such resched-
11 uled, adjourned or continued public meeting. Notice to the municipality
12 or community board shall mean written notice mailed by the authority to
13 such municipality or community board at least fifteen days in advance of
14 any hearing scheduled pursuant to this paragraph. Upon the request of
15 the authority, any municipality or community board may waive the fifteen
16 day notice requirement. No premises having been granted a license pursu-
17 ant to this section shall be denied a renewal of such license upon the
18 grounds that such premises are within five hundred feet of a building or
19 buildings wherein three or more premises are licensed and operating
20 pursuant to this section and sections sixty-four, sixty-four-a, sixty-
21 four-c, and/or sixty-four-d of this article.
22 § 4. Paragraphs (a) and (c) of subdivision 11 of section 64-c of the
23 alcoholic beverage control law, paragraph (a) as amended by chapter 463
24 of the laws of 2009 and paragraph (c) as amended by chapter 185 of the
25 laws of 2012, are amended to read as follows:
26 (a) No restaurant-brewer license shall be granted for any premises
27 which shall be:
28 (i) on the same street or avenue and within two hundred feet of a
29 building occupied exclusively as a school, church, synagogue or other
30 place of worship; or
31 (ii) in a [city, town or village having a population of twenty thou-
32 sand or more] county having a population between one million six hundred
33 thousand and one million seven hundred thousand as of the two thousand
34 twenty census as conducted by the United States department of commerce
35 within five hundred feet of three or more existing premises licensed and
36 operating pursuant to the provisions of this section or sections sixty-
37 four, sixty-four-a, sixty-four-b and/or sixty-four-d of this article; or
38 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
39 are to be taken in straight lines from the center of the nearest
40 entrance of the premises sought to be licensed to the center of the
41 nearest entrance of such school, church, synagogue or other place of
42 worship or to the center of the nearest entrance of each such premises
43 licensed and operating pursuant to this section and sections sixty-four,
44 sixty-four-a, sixty-four-b and/or sixty-four-d of this article; except
45 that no license shall be denied to any premises at which a license under
46 this chapter has been in existence continuously from a date prior to the
47 date when a building on the same street or avenue and within two hundred
48 feet of said premises has been occupied exclusively as a school, church,
49 synagogue or other place of worship and except that no license shall be
50 denied to any premises, which is within five hundred feet of three or
51 more existing premises licensed and operating pursuant to this section
52 and sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d
53 of this article, at which a license under this chapter has been in
54 existence continuously on or prior to November first, nineteen hundred
55 ninety-three.
S. 4575 23
1 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
2 (a) of this subdivision, in a county having a population between one
3 million six hundred thousand and one million seven hundred thousand as
4 of the two thousand twenty census as conducted by the United States
5 department of commerce, the authority may issue a license pursuant to
6 this section for a premises which shall be within five hundred feet of
7 three or more existing premises licensed and operating pursuant to this
8 section and sections sixty-four, sixty-four-a, sixty-four-b and/or
9 sixty-four-d of this article if, after consultation with the munici-
10 pality or community board, it determines that granting such license
11 would be in the public interest. Before it may issue any such license,
12 the authority shall conduct a hearing, upon notice to the applicant and
13 the municipality or community board, and shall state and file in its
14 office its reasons therefor. The hearing may be rescheduled, adjourned
15 or continued, and the authority shall give notice to the applicant and
16 the municipality or community board of any such rescheduled, adjourned
17 or continued hearing. Before the authority issues any said license, the
18 authority or one or more of the commissioners thereof may, in addition
19 to the hearing required by this paragraph, also conduct a public meeting
20 regarding said license, upon notice to the applicant and the munici-
21 pality or community board. The public meeting may be rescheduled,
22 adjourned or continued, and the authority shall give notice to the
23 applicant and the municipality or community board of any such resched-
24 uled, adjourned or continued public meeting. Notice to the municipality
25 or community board shall mean written notice mailed by the authority to
26 such municipality or community board at least fifteen days in advance of
27 any hearing scheduled pursuant to this paragraph. Upon the request of
28 the authority, any municipality or community board may waive the fifteen
29 day notice requirement. No premises having been granted a license pursu-
30 ant to this section shall be denied a renewal of such license upon the
31 grounds that such premises are within five hundred feet of a building or
32 buildings wherein three or more premises are operating and licensed
33 pursuant to this section or sections sixty-four, sixty-four-a, sixty-
34 four-b and/or sixty-four-d of this article.
35 § 5. Paragraphs (b) and (e) of subdivision 8 of section 64-d of the
36 alcoholic beverage control law, paragraph (b) as amended by chapter 463
37 of the laws of 2009 and paragraph (e) as amended by chapter 185 of the
38 laws of 2012, are amended to read as follows:
39 (b) in a [city, town or village having a population of twenty thousand
40 or more] county having a population between one million six hundred
41 thousand and one million seven hundred thousand as of the two thousand
42 twenty census as conducted by the United States department of commerce
43 within five hundred feet of an existing premises licensed and operating
44 pursuant to the provisions of this section, or within five hundred feet
45 of three or more existing premises licensed and operating pursuant to
46 this section and sections sixty-four, sixty-four-a, sixty-four-b, and/or
47 sixty-four-c of this article.
48 (e) notwithstanding the provisions of paragraph (b) of this subdivi-
49 sion, in a county having a population between one million six hundred
50 thousand and one million seven hundred thousand as of the two thousand
51 twenty census as conducted by the United States department of commerce,
52 the authority may issue a license pursuant to this section for a prem-
53 ises which shall be within five hundred feet of an existing premises
54 licensed and operating pursuant to the provisions of this section or
55 within five hundred feet of three or more existing premises licensed and
56 operating pursuant to this section and sections sixty-four,
S. 4575 24
1 sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if,
2 after consultation with the municipality or community board, it deter-
3 mines that granting such license would be in the public interest.
4 Before it may issue any such license, the authority shall conduct a
5 hearing, upon notice to the applicant and the municipality or community
6 board, and shall state and file in its office its reasons therefor. The
7 hearing may be rescheduled, adjourned or continued, and the authority
8 shall give notice to the applicant and the municipality or community
9 board of any such rescheduled, adjourned or continued hearing. Before
10 the authority issues any said license, the authority or one or more of
11 the commissioners thereof may, in addition to the hearing required by
12 this paragraph, also conduct a public meeting regarding said license,
13 upon notice to the applicant and the municipality or community board.
14 The public meeting may be rescheduled, adjourned or continued, and the
15 authority shall give notice to the applicant and the municipality or
16 community board of any such rescheduled, adjourned or continued public
17 meeting. Notice to the municipality or community board shall mean writ-
18 ten notice mailed by the authority to such municipality or community
19 board at least fifteen days in advance of any hearing scheduled pursuant
20 to this paragraph. Upon the request of the authority, any municipality
21 or community board may waive the fifteen day notice requirement. No
22 premises having been granted a license pursuant to this section shall be
23 denied a renewal of such license upon the grounds that such premises are
24 within five hundred feet of an existing premises licensed and operating
25 pursuant to the provisions of this section or within five hundred feet
26 of a building or buildings wherein three or more premises are licensed
27 and operating pursuant to this section and sections sixty-four, sixty-
28 four-a, sixty-four-b, and/or sixty-four-c of this article.
29 § 6. This act shall take effect immediately.
30 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
31 sion, section or part of this act shall be adjudged by any court of
32 competent jurisdiction to be invalid, such judgment shall not affect,
33 impair, or invalidate the remainder thereof, but shall be confined in
34 its operation to the clause, sentence, paragraph, subdivision, section
35 or part thereof directly involved in the controversy in which such judg-
36 ment shall have been rendered. It is hereby declared to be the intent of
37 the legislature that this act would have been enacted even if such
38 invalid provisions had not been included herein.
39 § 3. This act shall take effect immediately; provided, however, that
40 the applicable effective date of Parts A through M of this act shall be
41 as specifically set forth in the last section of such Parts.
