Rpld 105 sub 2, 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); provides for certain temporary permits (Part B); authorizes special permits to remain open during certain hours of the morning (Part C); permits certain retail licensees to purchase wine and liquor from certain other retail licensees (Part D); relates to permissible sales by license holders (Part E); allows multiple off-premises licenses (Part F); relates to licensing restrictions for manufacturers and wholesalers of alcoholic beverages and retail licensees (Part G); relates to the approval of seven day licenses to sell liquor at retail for consumption off the premises (Part H); adjusts licensing fees regarding certain alcoholic beverages (Part I); relates to notifying municipalities of the filing of certain applications (Part J); relates to changes of ownership of a licensed business (Part K); relates to the issuance of temporary retail permits; makes permanent certain provisions relating to liquidator's permits and temporary retail permits (Part L); 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 M); 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 N); permits licenses for premises located within five hundred feet of other premises outside of certain counties (Part O); permits the sale of wine and liquor on levels other than street level (Part P).
STATE OF NEW YORK
________________________________________________________________________
9244
IN ASSEMBLY
February 22, 2024
___________
Introduced by M. of A. STIRPE -- read once and referred to the Committee
on Economic Development
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 providing for certain temporary permits (Part
B); to amend the alcoholic beverage control law, in relation to
authorizing special permits to remain open during certain hours of the
morning (Part C); to amend the alcoholic beverage control law, in
relation to permitting certain retail licensees to purchase wine
and liquor from certain other retail licensees (Part D); to amend the
alcoholic beverage control law, in relation to permissible sales
by license holders (Part E); to amend the alcoholic beverage control
law, in relation to allowing multiple off-premises licenses (Part F);
to amend the alcoholic beverage control law, in relation to licensing
restrictions for manufacturers and wholesalers of alcoholic beverages
and retail licensees (Part G); to amend the alcoholic beverage control
law, in relation to the approval of seven day licenses to sell liquor
at retail for consumption off the premises (Part H); to amend the
alcoholic beverage control law, in relation to adjusting licensing
fees regarding certain alcoholic beverages (Part I); to amend the
alcoholic beverage control law, in relation to notifying munici-
palities of the filing of certain applications (Part J); to amend the
alcoholic beverage control law, in relation to changes of ownership of
a licensed business (Part K); 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 L); 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 M); 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
of worship with consent of such building's owner or administrator
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11092-11-4
A. 9244 2
(Part N); 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 O); and to repeal
subdivision 2 of section 105 of the alcoholic beverage control law, in
relation to requiring wine and liquor be sold at street level (Part P)
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 P. 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 chapter 124 of the laws of
16 2021, is amended to read as follows:
17 § 4. This act shall take effect immediately [and shall expire and be
18 deemed repealed twelve years after such date].
19 § 2. This act shall take effect immediately.
20 PART B
21 Section 1. Subdivision 1 of section 98 of the alcoholic beverage
22 control law, as amended by chapter 703 of the laws of 2022, is amended
23 to read as follows:
24 1. The liquor authority is hereby authorized to issue to a retail
25 licensee for on-premises consumption or a licensed off-premises caterer
26 furnishing provisions and service for use at a particular function,
27 occasion or event in a hotel, restaurant, club, ballroom or other prem-
28 ises a temporary [indoor] permit effective for a period not to exceed
29 twenty-four consecutive hours, which shall authorize the service of
30 alcoholic beverages at such function, occasion or event within the
31 hours, fixed by or pursuant to subdivision five of section one hundred
32 six of this chapter, during which alcoholic beverages may lawfully be
33 sold or served upon premises licensed to sell alcoholic beverages at
34 retail for on-premises consumption in the community in which is located
35 the premises in which such function, occasion or event is held. The fee
36 therefor shall be thirty-eight dollars. Such a permit and the exercise
37 of the privilege granted thereby may be subjected to such rules by the
38 liquor authority as it deems necessary and such rules as are in conform-
39 ity with the provisions of subdivision two of this section. Such a
40 permit may also be issued for functions, occasions or events at premises
41 for which a summer license has been previously issued pursuant to this
42 chapter.
A. 9244 3
1 § 2. Subdivision 1 of section 97 of the alcoholic beverage control
2 law, as amended by section 19 of part Z of chapter 85 of the laws of
3 2002, is amended to read as follows:
4 1. The liquor authority is hereby authorized to issue temporary
5 permits effective for a period not to exceed twenty-four consecutive
6 hours to authorize the sale of beer [and], wine [manufactured in New
7 York state], cider, mead and/or braggot, and liquor at outdoor or indoor
8 gatherings, functions, occasions or events, within the hours fixed by or
9 pursuant to subdivision five of section one hundred six of this chapter,
10 during which alcoholic beverages may lawfully be sold or served upon
11 premises licensed to sell alcoholic beverages at retail for on-premises
12 consumption in the community in which is located the premises in which
13 such gathering, function, occasion or event is held. The fee for such
14 permit shall be twenty-six dollars. Such permit and the exercise of the
15 privilege granted thereby shall be subject to such rules of the liquor
16 authority as it deems necessary.
17 § 3. This act shall take effect immediately, and shall apply to all
18 applications received by the state liquor authority on and after such
19 date.
20 PART C
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 D
43 Section 1. Section 106 of the alcoholic beverage control law is
44 amended by adding a new subdivision 2-b to read as follows:
45 2-b. Notwithstanding any provision of this chapter to the contrary, a
46 retail licensee for on-premises consumption shall be authorized to
47 purchase up to twelve bottles of wine and liquor per week from an off-
48 premises retail licensee, and may resell any wine and liquor so
49 purchased for consumption on the premises licensed therefor.
50 § 2. Section 105 of the alcoholic beverage control law is amended by
51 adding a new subdivision 25 to read as follows:
A. 9244 4
1 25. Notwithstanding any provision of this chapter to the contrary, a
2 retail licensee to sell liquor and/or wine for consumption off the prem-
3 ises shall be authorized to sell up to twelve bottles of wine and liquor
4 per week to a retail licensee for on-premises consumption.
5 § 3. This act shall take effect immediately.
6 PART E
7 Section 1. Subdivision 4 of section 63 of the alcoholic beverage
8 control law, as amended by chapter 24 of the laws of 2024, is amended to
9 read as follows:
10 4. No licensee under this section shall be engaged in any other busi-
11 ness on the licensed premises. The sale of any of the following shall
12 not constitute engaging in another business within the meaning of this
13 subdivision:
14 (a) lottery tickets, when duly authorized and lawfully conducted[, the
15 sale of];
16 (b) reusable bags as defined in section 27-2801 of the environmental
17 conservation law[, the sale of];
18 (c) corkscrews [or the sale of];
19 (d) ice [or the sale of];
20 (e) publications, including prerecorded video and/or audio cassette
21 tapes, or educational seminars, designed to help educate consumers in
22 their knowledge and appreciation of alcoholic beverages, as defined in
23 section three of this chapter and allowed pursuant to their license[, or
24 the sale of];
25 (f) non-carbonated, non-flavored mineral waters, spring waters and
26 drinking waters [or the sale of];
27 (g) glasses designed for the consumption of wine or liquor, racks
28 designed for the storage of wine, and devices designed to minimize
29 oxidation in bottles of wine which have been uncorked[, or the sale of];
30 (h) gift bags, gift boxes, associated gift or promotional items, or
31 wrapping, for alcoholic beverages purchased at the licensed premises
32 [shall not constitute engaging in another business within the meaning of
33 this subdivision];
34 (i) tonic water;
35 (j) bitters;
36 (k) maraschino cherries; and
37 (l) dealcoholized wine.
38 Any fee obtained from the sale of an educational seminar shall not be
39 considered as a fee for any tasting that may be offered during an educa-
40 tional seminar, provided that such tastings are available to persons who
41 have not paid to attend the seminar and all tastings are conducted in
42 accordance with section sixty-three-a of this article. For the purposes
43 of this section, gift or promotional items shall only include those
44 items that are complimentary and directly associated with the sale of
45 wine or liquor they are promoting and shall mean: (i) items that are de
46 minimis in value, but in no instance shall merchandise be valued at more
47 than fifteen dollars in total; (ii) items that are imprinted with the
48 wine or liquor brand logo on the gift or promotional item; and (iii)
49 items that are included as part of a manufactured pre-sealed package
50 with the wine or liquor that is being gifted or promoted. Further, for
51 the purposes of this section, promotional items shall not include any
52 food, non-alcoholic beverage, or other drink or food mix, nor shall
53 these items be offered for sale to the general public as individual
54 items.
A. 9244 5
1 § 2. Paragraph (a) of subdivision 1 of section 104 of the alcoholic
2 beverage control law, as amended by chapter 24 of the laws of 2024, is
3 amended to read as follows:
4 (a) No wholesaler shall be engaged in any other business on the prem-
5 ises to be licensed; except that nothing contained in this chapter
6 shall: (1) prohibit a beer wholesaler from (i) acquiring, storing or
7 selling non-alcoholic snack foods, as defined in paragraph (b) of this
8 subdivision, (ii) manufacturing, bottling, storing, or selling non-alco-
9 holic carbonated beverages, (iii) manufacturing, storing or selling
10 non-alcoholic non-carbonated soft drinks, mineral waters, spring waters,
11 drinking water, non-taxable malt or cereal beverages, juice drinks,
12 fruit or vegetable juices, ice, liquid beverage mixes and dry or frozen
13 beverage mixes, (iv) acquiring, storing or selling wine products, (v)
14 the sale of promotional items on such premises, or (vi) the sale of
15 tobacco products at retail by wholesalers who are licensed to sell beer
16 and other products at retail; (2) prohibit a wholesaler authorized to
17 sell wine from manufacturing, acquiring or selling wine merchandise, as
18 defined in paragraph (d) of this subdivision; (3) prohibit a licensed
19 winery or licensed farm winery from engaging in the business of a wine
20 wholesaler for New York state labeled wines produced by any licensed
21 winery or licensed farm winery or prohibit such wine wholesaler from
22 exercising any of its rights pursuant to sections seventy-six and seven-
23 ty-six-a of this chapter provided that the operation of such beer and
24 wine wholesalers business shall be subject to such rules and regulations
25 as the liquor authority may prescribe; (4) prohibit a beer wholesaler
26 who is authorized to sell beer at retail from selling at retail: (i)
27 candy, chewing gum and cough drops; (ii) non-refrigerated salsa; (iii)
28 cigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue
29 and picnic-related products and supplies, which shall include, but not
30 be limited to, charcoal, grills, propane gas, plastic and paper cups,
31 paper or plastic tablecloths and coolers; (v) beer making and brewing
32 supplies and publications, which shall include, but not be limited to,
33 books, magazines, equipment and ingredients; (vi) steins, mugs and other
34 glassware appropriate for the consumption of beer, malt beverages and
35 wine products; (vii) items typically used to serve beer and malt bever-
36 ages including, but not limited to, taps, kegerators, koozies and beer
37 socks; (viii) lemons, limes and oranges, provided that no more than two
38 dozen of each shall be displayed at any one time; (ix) rock salt, ice
39 and snow melting compounds, snow shovels; windshield washer solvent;
40 firewood; beach umbrellas; sunglasses and sun block; and (x) prepaid
41 telephone cards; (5) prohibit the installation and operation of a single
42 automated teller machine in the premises of a beer wholesaler who is
43 authorized to sell beer at retail; [or] (6) prohibit a liquor or a wine
44 wholesaler from transporting or selling gifts or promotional items asso-
45 ciated with wine or liquor products as provided for in subdivision four
46 of section sixty-three of this chapter; or (7) prohibit a liquor whole-
47 saler from transporting or selling tonic water, bitters, maraschino
48 cherries or dealcoholized wine. For the purposes of this subdivision,
49 "automated teller machine" means a device which is linked to the
50 accounts and records of a banking institution and which enables consum-
51 ers to carry out banking transactions, including but not limited to,
52 account transfers, deposits, cash withdrawals, balance inquiries and
53 loan payments.
54 § 3. This act shall take effect immediately.
55 PART F
A. 9244 6
1 Section 1. Subdivision 5 of section 63 of the alcoholic beverage
2 control law is amended to read as follows:
3 5. Not more than [one license] two licenses shall be granted to any
4 person under this section.
5 § 2. This act shall take effect immediately.
6 PART G
7 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of
8 section 101 of the alcoholic beverage control law, as amended by chapter
9 318 of the laws of 2016, is amended to read as follows:
10 Be interested directly or indirectly in any premises licensed under
11 this chapter where any alcoholic beverage is sold at retail; or in any
12 business licensed under this chapter devoted wholly or partially to the
13 sale of any alcoholic beverage at retail by stock ownership, interlock-
14 ing directors, mortgage or lien or any personal or real property, or by
15 any other means. The provisions of this paragraph shall not apply to
16 § 2. The opening paragraph of paragraph (a) of subdivision 13 of
17 section 106 of the alcoholic beverage control law, as amended by chapter
18 453 of the laws of 2018, is amended to read as follows:
19 No retail licensee for on-premises consumption shall be interested,
20 directly or indirectly, in any premises licensed under this chapter
21 where liquors, wines or beer are manufactured or sold at wholesale, by
22 stock ownership, interlocking directors, mortgage or lien on any
23 personal or real property or by any other means, except that liquors,
24 wines or beer may be manufactured or sold wholesale by the person
25 licensed as a manufacturer or wholesaler thereof:
26 § 3. This act shall take effect immediately.
27 PART H
28 Section 1. Subdivision 6 of section 63 of the alcoholic beverage
29 control law, as added by chapter 1024 of the laws of 1965, is amended to
30 read as follows:
31 6. Determinations under this section with respect to approving the
32 issuance of a new license or under section one hundred eleven of this
33 chapter with respect to the transfer to any other premises of a license
34 issued hereunder, shall be made [in accordance with public convenience
35 and advantage] unless there is good cause shown for disapproval by the
36 liquor authority.
37 § 2. Subdivision 4 of section 79 of the alcoholic beverage control
38 law, as added by chapter 1024 of the laws of 1965, is amended to read as
39 follows:
40 4. Determinations under this section with respect to approving the
41 issuance of a new license or under section one hundred eleven of this
42 chapter with respect to the transfer to any other premises of a license
43 issued hereunder shall be made [in accordance with public convenience
44 and advantage] unless there is good cause shown for disapproval by the
45 liquor authority.
46 § 3. This act shall take effect immediately.
47 PART I
48 Section 1. Subdivisions 3 and 4 of section 93 of the alcoholic bever-
49 age control law, subdivision 3 as amended by section 12 of part Z of
A. 9244 7
1 chapter 85 of the laws of 2002 and subdivision 4 as amended by chapter
2 297 of the laws of 2016, are amended to read as follows:
3 3. The license fee for such permit shall be [twenty-six] twenty-five
4 dollars per year, or for any part thereof, and the permit shall be
5 issued for the calendar year.
6 4. Notwithstanding the foregoing provisions of this section, any duly
7 licensed manufacturer or wholesaler may apply to the liquor authority
8 for an annual temporary solicitor's employment permit. Such permit shall
9 authorize such manufacturer or wholesaler to employ one or more persons
10 as a solicitor for a period of not exceeding six months provided that
11 within sixty days after such employee has been employed as a solicitor
12 such employee shall file [his] their application for a solicitor's
13 permit with the liquor authority. The license fee for such permit shall
14 be [thirty-eight] thirty-five dollars per year, or for any part thereof,
15 and the permit shall be issued for the calendar year. Such permit and
16 the exercise of the privileges hereby granted thereunder, shall be
17 subject to such terms and conditions as may be prescribed by the liquor
18 authority.
19 § 2. Subdivision 2 of section 94 of the alcoholic beverage control
20 law, as amended by section 14 of part Z of chapter 85 of the laws of
21 2002, is amended to read as follows:
22 2. Such permit shall be issued for the calendar year, and may cover
23 one or more trucks and in cities having a population of one million or
24 less to duly licensed taxicabs used to deliver only wine or liquor sold
25 at retail and the fee therefor shall be at the rate of [fifty-one] fifty
26 dollars per truck or such duly licensed taxicab per year.
27 § 3. Section 97 of the alcoholic beverage control law, as amended by
28 chapter 204 of the laws of 1963, the section heading as amended by chap-
29 ter 363 of the laws of 1977, subdivisions 1 and 2 as amended by section
30 19 of part Z of chapter 85 of the laws of 2002, and subdivision 4 as
31 added by chapter 120 of the laws of 2012, is amended to read as follows:
32 § 97. Temporary beer and wine permit. 1. The liquor authority is here-
33 by authorized to issue temporary permits effective for a period not to
34 exceed twenty-four consecutive hours to authorize the sale of beer and
35 wine manufactured in New York state at outdoor or indoor gatherings,
36 functions, occasions or events, within the hours fixed by or pursuant to
37 subdivision five of section one hundred six of this chapter, during
38 which alcoholic beverages may lawfully be sold or served upon premises
39 licensed to sell alcoholic beverages at retail for on-premises consump-
40 tion in the community in which is located the premises in which such
41 gathering, function, occasion or event is held. The fee for such permit
42 shall be [twenty-six] twenty-five dollars. Such permit and the exercise
43 of the privilege granted thereby shall be subject to such rules of the
44 liquor authority as it deems necessary.
45 2. The liquor authority is hereby authorized to issue an annual permit
46 to brewers and beer wholesalers authorizing such licensees to sell beer
47 for consumption at outdoor or indoor gatherings, functions, occasions or
48 events, provided that such gatherings are not open to admission to the
49 general public nor is admission thereto made contingent upon the payment
50 of an admission fee, donation or contribution, and further provided that
51 such beer is not resold at such gatherings. Every brewer or beer whole-
52 saler to whom a permit shall be issued hereunder shall require every
53 person to whom beer shall be sold for use at such gatherings to make,
54 execute and file with such brewer or beer wholesaler, upon a form to be
55 prescribed by the liquor authority, a statement, that the beer purchased
56 by such person will not be sold or offered for sale by such person. Such
A. 9244 8
1 statement shall be accepted for all purposes as the equivalent of an
2 affidavit, and if false, shall subject the person making and executing
3 the same to the same penalties as if [he had] they have been duly sworn.
4 Such permit shall be issued in the form prescribed by the liquor author-
5 ity and shall run concurrently with the annual term of the brewer's
6 license or of the wholesale beer license, and the fee for such permit
7 shall be [sixty-four] sixty dollars. Such a permit and the exercise of
8 the privileges granted thereunder shall be subject to such rules by the
9 liquor authority as it deems necessary. The provisions hereof shall not
10 apply to the sale of beer for consumption in the home.
11 [4.] 3. The liquor authority is hereby authorized to issue a temporary
12 permit effective for a period not to exceed twenty-four consecutive
13 hours to any holder of a license to manufacture wine in this or any
14 other state, to sell wine at outdoor or indoor gatherings, functions,
15 occasions, or events, provided that such manufacturer produces not more
16 than one hundred fifty thousand gallons of wine annually. The fee for
17 such permit shall be [twenty-six] twenty-five dollars.
18 § 4. Paragraph (b) of subdivision 2 and subdivision 4 of section 97-a
19 of the alcoholic beverage control law, as added by chapter 396 of the
20 laws of 2010, are amended to read as follows:
21 (b) the applicant shall have filed with the authority an application
22 for a temporary retail permit, accompanied by a nonrefundable filing fee
23 of one hundred [twenty-eight] twenty-five dollars for all retail beer
24 licenses or six hundred forty dollars for all other retail licenses;
25 4. A temporary retail permit issued by the authority pursuant to this
26 section shall be for a period not to exceed ninety days. A temporary
27 permit may be extended at the discretion of the authority, for an addi-
28 tional thirty day period upon payment of an additional fee of [sixty-
29 four] sixty dollars for all retail beer licenses and [ninety-six] nine-
30 ty-five dollars for all other temporary permits and upon compliance with
31 all conditions required in this section. The authority may, in its
32 discretion, issue additional thirty day extensions upon payment of the
33 appropriate fee.
34 § 5. Subdivisions 2 and 3 of section 99-d of the alcoholic beverage
35 control law, subdivision 2 as amended by chapter 560 of the laws of 2011
36 and subdivision 3 as amended by section 24 of part Z of chapter 85 of
37 the laws of 2002, are amended to read as follows:
38 2. Before any change in the members of a limited liability company or
39 the transfer or assignment of a membership interest in a limited liabil-
40 ity company or any corporate change in stockholders, stockholdings,
41 alcoholic beverage officers, officers or directors, except officers and
42 directors of a premises licensed as a club or a luncheon club under this
43 chapter can be effectuated for the purposes of this chapter, there shall
44 be filed with the liquor authority an application for permission to make
45 such change and there shall be paid to the liquor authority in advance
46 upon filing of the application a fee of one hundred [twenty-eight] twen-
47 ty-five dollars.
48 (a) The provisions of this section shall not be applicable where there
49 are ten or more stockholders and such change involves less than ten per
50 centum of the stock of the corporation and the stock holdings of any
51 stockholder are not increased thereby to ten per centum or more of the
52 stock.
53 (b) Where the same corporation operates two or more premises separate-
54 ly licensed under this chapter a separate corporate change shall be
55 filed for each such licensed premises, except as otherwise provided for
56 by rule of the liquor authority. The corporate change fee provided for
A. 9244 9
1 herein shall not be applicable to more than one license held by the same
2 corporation.
3 (c) Notwithstanding any corporate change approved by the authority, a
4 licensed corporation or limited liability company shall be bound by the
5 representations set forth in the original application and any amendments
6 thereto approved by the authority.
7 3. Before any removal of a license to any premises other than the
8 licensed premises or to any other part of the building containing the
9 licensed premises, the licensee shall make an application to the liquor
10 authority for permission to effect such removal and shall pay to the
11 liquor authority in advance upon filing of the application a fee of one
12 hundred [ninety-two] ninety dollars where the base license fee is five
13 hundred dollars or more and [thirty-two] thirty dollars in all other
14 instances.
15 § 6. Paragraphs (a) and (b) of subdivision 4 of section 100 of the
16 alcoholic beverage control law, as amended by chapter 423 of the laws of
17 2016, are amended to read as follows:
18 (a) if the licensed premises is a legitimate theatre or concert hall,
19 or contiguous to and used in conjunction with a legitimate theatre or
20 concert hall, additional bars, counters or contrivances may be permitted
21 by the liquor authority upon payment to it of an annual fee of one
22 hundred dollars for each such additional bar, counter or contrivance so
23 permitted[,] in addition to the annual license fee paid by such licen-
24 see;
25 (b) if such licensed premises be located at a baseball park, race
26 track, or either outdoor or indoor athletic field, facility, arena or
27 stadium, additional bars, counters or contrivances where beer shall be
28 sold at retail for consumption on the premises may be permitted by the
29 liquor authority, upon payment to it of the annual fee of thirty dollars
30 for each such additional bar, counter or contrivance so permitted[,] in
31 addition to the amount of the annual license fee paid by the licensee;
32 and
33 § 7. Section 56 of the alcoholic beverage control law, as amended by
34 section 1 of part Z of chapter 85 of the laws of 2002, subdivision 1 as
35 amended by chapter 108 of the laws of 2012, paragraph (a) of subdivision
36 1 as amended by chapter 431 of the laws of 2014, and subdivision 11 as
37 added by chapter 422 of the laws of 2016, is amended to read as follows:
38 § 56. License fees. 1. The annual fee for a license to manufacture
39 beer shall be:
40 (a) four thousand dollars for a brewer's license, unless the annual
41 production of the brewer is less than seventy-five thousand barrels per
42 year, in which case the annual fee shall be three hundred twenty
43 dollars;
44 (b) three hundred twenty dollars for a farm brewery license.
45 2. The annual fee for a wholesaler's beer license shall be eight
46 hundred dollars.
47 3. The annual fee for a vendor's license shall be one hundred [forty-
48 four] forty dollars.
49 4. The annual fee for a license to sell beer at retail not to be
50 consumed on the premises where sold shall be one hundred ten dollars.
51 Where, however, the applicant is the holder of two such licenses, the
52 annual fee for each additional license thereafter issued to such licen-
53 see shall be double the amount hereinabove set forth.
54 5. The annual fee for a license to sell beer at retail to be consumed
55 on the premises where sold shall be three hundred twenty dollars in
56 cities having a population of one hundred thousand or over, and one
A. 9244 10
1 hundred sixty dollars elsewhere; provided, however, that where the prem-
2 ises to be licensed remain open only within the period commencing April
3 first and ending October thirty-first of any one year or only within the
4 period commencing October first and ending the following April thirti-
5 eth, the liquor authority, in its discretion, may grant a summer or
6 winter license effective only for such appropriate period of time, for
7 which an annual fee of one hundred sixty dollars shall be paid where the
8 premises are located in cities having a population of one hundred thou-
9 sand or over, and eighty dollars where such premises are located else-
10 where.
11 6. The annual fee for selling beer upon any railroad car to be
12 consumed on such car or any car connected therewith shall be [ninety-
13 six] ninety dollars for each railroad car licensed.
14 7. The annual fee for selling beer upon any vessel in this state,
15 other than one regularly and exclusively engaged in the business of
16 carrying passengers for hire, by charter or otherwise, for fishing
17 purposes, to be consumed on such vessel, shall be one hundred sixty
18 dollars for each vessel licensed. The annual fee for selling beer upon a
19 vessel regularly and exclusively engaged in the business of carrying
20 passengers for hire, by charter or otherwise, for fishing purposes, to
21 be consumed on such vessel, shall be forty dollars for each vessel
22 licensed. The annual fee for selling beer for off-premise consumption
23 upon a vessel regularly and exclusively engaged, as a duly licensed
24 supply ship, in furnishing supplies to other vessels, shall be eighty
25 dollars.
26 8. The annual fee for selling beer at any baseball park, race track or
27 outdoor athletic field or stadium, to be consumed in any such baseball
28 park, race track, or outdoor athletic field or stadium, shall be one
29 hundred [ninety-two] ninety dollars.
30 9. The annual fee for a license to sell beer and wine products at
31 retail not to be consumed on the premises where sold shall be one
32 hundred [ninety-eight] ninety-five dollars.
33 10. The annual fee for a license to sell beer and wine products at
34 retail not to be consumed on the premises where sold, when the applicant
35 is the holder of two such licenses, the annual fee for each additional
36 license thereafter issued to such licensee shall be three hundred
37 [fifty-two] fifty dollars.
38 11. The annual fee for a license to operate a custom beermakers'
39 center shall be three hundred twenty dollars.
40 § 8. Subdivision 6 of section 64 of the alcoholic beverage control
41 law, as amended by chapter 204 of the laws of 1963, is amended to read
42 as follows:
43 6. Where an on-premise license shall be granted to the owner of a
44 hotel situated in a town or village the liquor authority may in its
45 discretion grant to such owner the right to sell liquor and wine for
46 off-premise consumption under the same terms and conditions as apply to
47 off-premise licenses upon the payment of an additional fee of [sixty-
48 two] sixty dollars [and fifty cents]; provided, however, that this
49 permission shall not be granted if an off-premise license has been
50 granted for premises located within eight miles of such hotel.
51 § 9. Section 66 of the alcoholic beverage control law, as amended by
52 section 3 of part Z of chapter 85 of the laws of 2002, subdivision 1-a
53 as added by chapter 580 of the laws of 2002, subdivision 2-c as added by
54 chapter 564 of the laws of 2007, subdivision 3-a as added by chapter 297
55 of the laws of 2016, subdivision 4 as amended by chapter 703 of the laws
A. 9244 11
1 of 2022, and subdivision 10 as added by chapter 331 of the laws of 2004,
2 is amended to read as follows:
3 § 66. License fees. 1. The annual fee for a distiller's license, class
4 A, shall be twelve thousand dollars.
5 1-a. The annual fee for a distiller's license, class A-1, shall be two
6 hundred fifty dollars.
7 2. The annual fee for a distiller's license, class B, shall be eight
8 thousand dollars.
9 2-a. The annual fee for a distiller's license, class C, shall be one
10 hundred [twenty-eight] twenty-five dollars.
11 2-b. The annual fee for a distiller's license, class B-1, shall be
12 three hundred twenty dollars.
13 2-c. The annual fee for a distiller's license, class D, shall be one
14 hundred [twenty-eight] twenty-five dollars.
15 3. The annual fee for a license to sell liquor at wholesale [shall be
16 sixty-four hundred dollars]:
17 (a) if such wholesaler has gross sales of at least seven hundred fifty
18 million dollars within the previous year in New York state as reported
19 to the department of taxation and finance on the annual beer, wine, and
20 liquor wholesalers transaction information, shall be one million
21 dollars; and
22 (b) if such wholesaler has gross sales of under 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 eight hundred
26 dollars.
27 3-a. The annual fee for an importer's license shall be one hundred
28 twenty-five dollars.
29 4. The annual fee for a license, under section sixty-four or sixty-
30 four-a of this article, to sell liquor at retail to be consumed on the
31 premises where sold shall be twenty-one hundred [seventy-six] seventy
32 dollars in the counties of New York, Kings, Bronx and Queens; fifteen
33 hundred [thirty-six] thirty-five dollars in the county of Richmond and
34 in cities having a population of more than one hundred thousand and less
35 than one million; twelve hundred [sixteen] ten dollars in cities having
36 a population of more than fifty thousand and less than one hundred thou-
37 sand; and the sum of eight hundred [ninety-six] ninety-five dollars
38 elsewhere; except that the license fees for catering establishments and
39 off-premises catering establishments shall be two-thirds the license fee
40 specified herein and for clubs, except luncheon clubs and golf clubs,
41 shall be seven hundred fifty dollars in the counties of New York, Kings,
42 Bronx and Queens; five hundred dollars in the county of Richmond and in
43 cities having a population of more than one hundred thousand and less
44 than one million; three hundred fifty dollars in cities having a popu-
45 lation of more than fifty thousand and less than one hundred thousand;
46 and the sum of two hundred fifty dollars elsewhere. The annual fees for
47 luncheon clubs shall be three hundred seventy-five dollars, and for golf
48 clubs in the counties of New York, Kings, Bronx, Queens, Nassau, Rich-
49 mond and Westchester, two hundred fifty dollars, and elsewhere one
50 hundred [eighty-seven] eighty-five dollars [and fifty cents]. Notwith-
51 standing any other provision of law to the contrary, there shall be no
52 annual fee for a license, under section sixty-four, to sell liquor at
53 retail to be consumed on the premises where the applicant is an organ-
54 ization organized under section two hundred sixty of the military law
55 and incorporated pursuant to the not-for-profit corporation law.
56 Provided, however, that where any premises for which a license is issued
A. 9244 12
1 pursuant to section sixty-four or sixty-four-a of this article remain
2 open only within the period commencing April first and ending October
3 thirty-first of any one year, or only within the period commencing Octo-
4 ber first and ending the following April thirtieth, the liquor authority
5 may, in its discretion, grant a summer or winter license effective only
6 for such appropriate period of time, for which a license fee shall be
7 paid to be pro-rated for the period for which such license is effective,
8 at the rate provided for in the city, town or village in which such
9 premises are located, except that no such license fee shall be less than
10 one-half of the regular annual license fee; provided further that where
11 the premises to be licensed are a race track or a golf course or are
12 licensed pursuant to section sixty-four or sixty-four-a of this article,
13 the period of such summer license may commence March first and end
14 November thirtieth.
15 Where a hotel, restaurant, club, golf course or race track is open
16 prior to April first and/or subsequent to October thirty-first by reason
17 of the issuance of a caterer's permit or permits issued by the authori-
18 ty, such fact alone shall not affect the eligibility of the premises or
19 the person owning or operating such hotel, restaurant, club, golf course
20 or race track for a summer license.
21 5. The annual fee for a license to sell liquor at retail not to be
22 consumed on the premises where sold shall be thirteen hundred [sixty-
23 six] sixty dollars in the counties of New York, Kings, Bronx and Queens;
24 eight hundred [fifty-four] fifty dollars in the county of Richmond and
25 in cities having a population of more than one hundred thousand and less
26 than one million; and elsewhere the sum of five hundred [twelve] ten
27 dollars.
28 6. The annual fee for a license to sell liquor upon any railroad car
29 to be consumed on such car or any car connected therewith shall be one
30 hundred [ninety-two] ninety dollars for each railroad car licensed.
31 7. The annual fee for a license to sell liquor upon any vessel in this
32 state to be consumed upon such vessel shall be sixteen hundred dollars
33 for each vessel licensed, provided, however, that where a vessel is
34 operated only within the period commencing April first and ending Octo-
35 ber thirty-first of any one year, the liquor authority may, in its
36 discretion, grant for such vessel a summer license effective only for
37 such period of time, for which a license fee of four hundred [forty-
38 eight] forty dollars shall be paid.
39 8. The annual fee for a license to sell liquor upon an aircraft being
40 operated on regularly scheduled flights by a United States certificated
41 airline in this state shall be nineteen thousand two hundred [twenty]
42 dollars per annum for an airline company operating up to and including
43 twenty such aircraft and twenty-five thousand six hundred [sixty]
44 dollars for such an airline operating more than twenty such aircraft.
45 9. The annual fee for a license for a bottle club shall be the same as
46 the annual fee for a special license to sell liquor at retail to be
47 consumed on the premises, as set forth in subdivision four of this
48 section.
49 10. Notwithstanding any provision to the contrary, the annual fee for
50 a license for an establishment defined as an owner-occupied residence
51 providing at least three but no more than five rooms for temporary tran-
52 sient lodgers with sleeping accommodations and a meal in the forenoon of
53 the day, known as a "bed and breakfast dwelling" as authorized by subdi-
54 vision five-a of section sixty-four of this article, shall be two
55 hundred dollars plus fifteen dollars per each available bedroom.
A. 9244 13
1 § 10. Subdivision 1 of section 79-a of the alcoholic beverage control
2 law, as amended by section 5 of part Z of chapter 85 of the laws of
3 2002, is amended to read as follows:
4 1. Any person licensed to sell beer at retail for consumption off the
5 premises, pursuant to section fifty-four of this chapter, shall, by
6 virtue of such license and upon payment to the liquor authority of an
7 additional fee in the sum of one hundred sixty-five dollars in cities
8 having a population of one hundred thousand or over and [eighty-three]
9 eighty dollars elsewhere, be granted authorization to sell from the
10 licensed premises wine products in sealed containers for consumption off
11 such premises. Upon receipt of such additional fee, the liquor authority
12 shall promptly issue a permit authorizing such sales by the licensee.
13 § 11. Subdivisions 1 and 1-a of section 79-b of the alcoholic beverage
14 control law, as amended by section 6 of part Z of chapter 85 of the laws
15 of 2002, are amended to read as follows:
16 1. Any person licensed to sell beer at retail for consumption on the
17 premises, pursuant to section fifty-five of this chapter, shall, by
18 virtue of such license and upon payment to the liquor authority of an
19 additional fee in the sum of one hundred [ninety-two] ninety dollars in
20 cities having a population of one hundred thousand or over and [ninety-
21 six] ninety dollars elsewhere, be granted authorization to sell from the
22 licensed premises wine products in sealed containers at retail for
23 consumption on or off such premises. Upon receipt of such additional
24 fee, the liquor authority shall promptly issue a permit authorizing such
25 sales by the licensee.
26 1-a. Any person licensed to sell beer at retail for consumption on the
27 premises, pursuant to section fifty-five-a of this chapter, shall, by
28 virtue of such license and upon payment to the liquor authority of an
29 additional fee in the sum of one hundred [ninety-two] ninety dollars in
30 cities having a population of one hundred thousand or over and [ninety-
31 six] ninety dollars elsewhere, be granted authorization to sell from the
32 licensed premises wine products in sealed containers at retail for
33 consumption on such premises. Upon receipt of such additional fee, the
34 liquor authority shall promptly issue a permit authorizing such sales by
35 the licensee.
36 § 12. Section 83 of the alcoholic beverage control law, as amended by
37 section 7 of part Z of chapter 85 of the laws of 2002, subdivision 1-a
38 as amended by chapter 221 of the laws of 2011, subdivision 1-d as
39 amended by chapter 613 of the laws of 2008, subdivision 8 as added by
40 chapter 355 of the laws of 2013, and subdivision 9 as added by chapter
41 422 of the laws of 2016, is amended to read as follows:
42 § 83. License fees. 1. The annual fee for a winery license shall be
43 six hundred twenty-five dollars.
44 1-a. The annual fee for a farm winery license shall be one hundred
45 twenty-five dollars, provided that the annual fee for a farm winery
46 manufacturing no more than fifteen hundred finished gallons of wine
47 annually shall be fifty dollars.
48 1-d. The fee for each license issued for a winery or farm winery
49 licensee's authority to conduct wine tastings and the sale of New York
50 state labelled wines for off-premises consumption pursuant to paragraph
51 (c) of subdivision two of section seventy-six of this article shall be
52 forty dollars.
53 2. The annual fee for a license to sell wine at wholesale [shall be
54 eight hundred dollars]:
55 (a) if such wholesaler has gross sales of at least seven hundred fifty
56 million dollars within the previous year in New York state as reported
A. 9244 14
1 to the department of taxation and finance on the annual beer, wine, and
2 liquor wholesalers transaction information, shall be one million
3 dollars; and
4 (b) if such wholesaler has gross sales of under seven hundred fifty
5 million dollars within the previous year in New York state as reported
6 to the department of taxation and finance on the annual beer, wine, and
7 liquor wholesalers transaction information, shall be eight hundred
8 dollars.
9 3. The annual fee for a license to sell wine at retail, not to be
10 consumed on the premises, shall be six hundred forty dollars for each
11 such place where such business is carried on in cities having a popu-
12 lation of one million or more; in cities having less than one million
13 population and more than one hundred thousand, three hundred twenty
14 dollars; and elsewhere, the sum of one hundred forty-five dollars.
15 4. The annual fee for selling wine at retail, to be consumed on the
16 premises where sold, shall be as follows:
17 (a) In cities having a population of one hundred thousand or over the
18 sum of four hundred eighty dollars per year; and
19 (b) Elsewhere, the sum of two hundred forty dollars per year.
20 4-a. The annual fee for a license to sell wine at retail to be
21 consumed on the premises where sold where the premises to be licensed
22 remain open only within the period commencing April first and ending
23 October thirty-first of any one year or only within the period commenc-
24 ing October first and ending the following April thirtieth, the liquor
25 authority, in its discretion, may grant a summer or winter license
26 effective only for such appropriate period of time, for which an annual
27 fee of one hundred [twelve] ten dollars shall be paid.
28 5. The annual fee for a special license to sell wine at retail, to be
29 consumed on the premises where sold, shall be as follows:
30 (a) In cities having a population of one hundred thousand or over, the
31 sum of five hundred [seventy-six] seventy-five dollars per year; and
32 (b) Elsewhere, the sum of two hundred seventy dollars per year.
33 6. The annual fee for a special winery license shall be six hundred
34 twenty-five dollars.
35 7. The annual fee for a special farm winery license shall be one
36 hundred twenty-five dollars.
37 8. The annual fee for a roadside farm market license shall be one
38 hundred dollars.
39 9. The annual fee for a license to operate a custom winemakers' center
40 shall be three hundred twenty dollars.
41 § 13. Section 122 of the alcoholic beverage control law, as amended by
42 chapter 408 of the laws of 1997, is amended to read as follows:
43 § 122. Continuance of business by receiver or other representative.
44 If a corporation or copartnership holding any license or holding a
45 permit for which an annual fee of one hundred dollars or more is
46 prescribed by this chapter shall be dissolved, or if a receiver or
47 assignee for the benefit of creditors be appointed therefor, or if a
48 receiver, assignee for the benefit of creditors or a committee or
49 conservator of the property of an individual holding any license or
50 holding a permit for which an annual fee of one hundred dollars or more
51 is prescribed by this chapter be appointed, during the time for which
52 such license or permit was granted, or if a person, including a member
53 of a copartnership, holding any license or holding a permit for which an
54 annual fee of one hundred dollars or more is prescribed by this chapter
55 shall die during the term for which such license or permit was given,
56 such corporation, copartnership, receiver or assignee, or the adminis-
A. 9244 15
1 trator or executor of the estate of such individual, or of such deceased
2 member of a copartnership, or a committee of the property of a person
3 adjudged to be incompetent, or a conservator of the property of an indi-
4 vidual, or a petition under title eleven of the United States code shall
5 have been filed and a trustee has been appointed or the holder of the
6 license [of] or permit has been permitted to remain in possession with-
7 out the appointment of a trustee, may continue to carry on such business
8 upon such premises for the balance of the term for which such license or
9 permit was effective, with the same rights and subject to the same
10 restrictions and liabilities as if [he] they had been the original
11 applicant for and the original holder, or one of either of them, of such
12 license or permit, providing the approval of the liquor authority shall
13 be first obtained. Before continuing such business, such receiver,
14 assignee, individual, committee, or conservator, debtor in possession,
15 or trustee in bankruptcy shall file a statement setting forth in such
16 form and substance as the liquor authority may prescribe the facts and
17 circumstances by which [he has] they have succeeded to the rights of the
18 original licensee or permittee. The liquor authority may, in its
19 discretion, permit the continuance of such business or may refuse to do
20 so. In the event that the authority determines to permit the continuance
21 of the business, the license or permit shall be submitted to the author-
22 ity and shall have affixed thereto a certificate in the form prescribed
23 by the authority. For each such certificate, a fee shall be paid to the
24 liquor authority of fifty dollars by the applicant, except in the case
25 of an off-premise beer license, such fee shall be ten dollars which
26 shall be paid into the same fund as other license fees herein provided
27 for.
28 § 14. This act shall take effect on the first of January next succeed-
29 ing the date on which it shall have become a law. Effective immediately,
30 the addition, amendment and/or repeal of any rule or regulation neces-
31 sary for the implementation of this act on its effective date are
32 authorized to be made and completed on or before such effective date.
33 PART J
34 Section 1. The opening paragraph of subdivision 1 of section 110-b of
35 the alcoholic beverage control law, as amended by chapter 222 of the
36 laws of 2019, is amended to read as follows:
37 Not [less than thirty nor] more than two hundred [and] seventy days
38 before filing any of the following applications, an applicant shall
39 notify the municipality in which the premises is located of such appli-
40 cant's intent to file such an application:
41 § 2. This act shall take effect immediately.
42 PART K
43 Section 1. The opening paragraph of subdivision 2 of section 99-d of
44 the alcoholic beverage control law, as amended by chapter 560 of the
45 laws of 2011, is amended to read as follows:
46 Before any change in the members of a limited liability company or the
47 transfer or assignment of a membership interest in a limited liability
48 company or any corporate change in stockholders, stockholdings, alcohol-
49 ic beverage officers, officers or directors, except officers and direc-
50 tors of a premises licensed as a club or a luncheon club under this
51 chapter can be effectuated for the purposes of this chapter, there shall
52 be filed with the liquor authority an application for permission to make
A. 9244 16
1 such change and there shall be paid to the liquor authority in advance
2 upon filing of the application a fee of one hundred twenty-eight
3 dollars. Such application shall be deemed approved and in effect if not
4 disapproved by the authority prior to the expiration of ninety days
5 after receipt by the authority.
6 § 2. This act shall take effect immediately.
7 PART L
8 Section 1. Subdivision 3 of section 97-a of the alcoholic beverage
9 control law, as amended by chapter 106 of the laws of 2022, is amended
10 to read as follows:
11 3. A temporary retail permit under paragraph (b) of subdivision one of
12 this section may not be issued for any premises that is subject to the
13 provisions of section sixty-three or seventy-nine of this chapter; a
14 temporary retail permit under paragraph (b) of subdivision one of this
15 section shall not be issued for a premises subject to the provisions of
16 paragraph (b) of subdivision seven of section sixty-four, subparagraph
17 (ii) of paragraph (a) of subdivision seven of section sixty-four-a,
18 subparagraph (ii) of paragraph (a) of subdivision eleven of section
19 sixty-four-c, or paragraph (b) of subdivision eight of section sixty-
20 four-d of this chapter, unless and until a recommendation that there be
21 a finding of public interest has been made by an administrative law
22 judge pursuant to paragraph (f) of subdivision seven of section sixty-
23 four, paragraph (d) of subdivision seven of section sixty-four-a, para-
24 graph (c) of subdivision five of section sixty-four-b, paragraph (c) of
25 subdivision eleven of section sixty-four-c, or paragraph (e) of subdivi-
26 sion eight of section sixty-four-d of this chapter. Provided however,
27 any premises granted a temporary retail permit pursuant to this subdivi-
28 sion in a city with a population of one million or more people shall
29 only be allowed to operate on the premises under the following condi-
30 tions: [an active] no retail license [shall have existed] at the applied
31 for location [within the past two years, and such license] shall [not]
32 have been canceled, suspended, or revoked by the authority within the
33 past two years; the closing time any day of the week shall be no later
34 than midnight; provided however that the closing time of any outdoor
35 space shall be no later than ten o'clock post-meridian Sunday through
36 Thursday and eleven o'clock post-meridian Friday and Saturday; no
37 outdoor music; indoors shall have recorded background music only, with
38 no live music, DJ's, karaoke, or similar forms of music; and no dancing.
39 The authority shall automatically lift such restrictions if the authori-
40 ty issues a retail license for the premises, and replace such
41 restrictions with other restrictions, if any, imposed by the authority
42 in accordance with the public interest standard.
43 § 2. Subdivision 4 of section 97-a of the alcoholic beverage control
44 law, as added by chapter 396 of the laws of 2010, is amended to read as
45 follows:
46 4. A temporary retail permit issued by the authority pursuant to this
47 section shall be for a period not to exceed ninety days. A temporary
48 permit may be extended at the discretion of the authority, for an addi-
49 tional [thirty] ninety day period upon payment of an additional fee of
50 sixty-four dollars for all retail beer licenses and ninety-six dollars
51 for all other temporary permits and upon compliance with all conditions
52 required in this section. The authority may, in its discretion, issue
53 additional [thirty] ninety day extensions upon payment of the appropri-
54 ate fee.
A. 9244 17
1 § 3. Subdivision 6 of section 97-a of the alcoholic beverage control
2 law, as added by chapter 396 of the laws of 2010, is amended to read as
3 follows:
4 6. The holder of a temporary retail permit shall [purchase alcoholic
5 beverages only by payment in currency or check for such alcoholic bever-
6 ages on or before the day such alcoholic beverages are delivered,
7 provided, however, that the holder of a temporary permit issued pursuant
8 to this section who also holds one or more retail licenses and is oper-
9 ating under such retail license or licenses in addition to the temporary
10 retail permit, and who is not delinquent under the provisions of section
11 one hundred one-aa of this chapter as to any retail license under which
12 he operates, may purchase alcoholic beverages on credit under the tempo-
13 rary permit] be subject to sections one hundred one-aa and one hundred
14 one-aaa of this chapter.
15 § 4. Section 5 of chapter 396 of the laws of 2010 amending the alco-
16 holic beverage control law relating to liquidator's permits and tempo-
17 rary retail permits, as amended by section 1 of part O of chapter 55 of
18 the laws of 2023, is amended to read as follows:
19 § 5. This act shall take effect on the sixtieth day after it shall
20 have become a law[, provided that paragraph (b) of subdivision 1 of
21 section 97-a of the alcoholic beverage control law as added by section
22 two of this act shall expire and be deemed repealed October 12, 2024].
23 § 5. This act shall take effect immediately; provided, however, that
24 section two of this act shall take effect on the ninetieth day after it
25 shall have become a law.
26 PART M
27 Section 1. The alcoholic beverage control law is amended by adding a
28 new section 97-d to read as follows:
29 § 97-d. Temporary wholesale permit. 1. Any person may apply to the
30 liquor authority for a temporary permit to operate any alcoholic bever-
31 age wholesale facility as may be licensed under this chapter. Such
32 application shall be in writing and verified and shall contain informa-
33 tion as the liquor authority shall require. Such application shall be
34 accompanied by a check or draft in the amount of one hundred twenty-five
35 dollars for such permit.
36 2. Upon application, the liquor authority may issue such temporary
37 permit when:
38 (a) the applicant has a wholesale license application at the same
39 premises pending before the liquor authority, together with all required
40 filing and license fees;
41 (b) the applicant has obtained and provided evidence of all permits,
42 licenses and other documents necessary for the operation of such a busi-
43 ness; and
44 (c) any current license in effect at the premises has been surrendered
45 or placed in safekeeping, or has been deemed abandoned by the authority.
46 3. The liquor authority in granting such permit shall ensure that:
47 (a) issuance of the permit will not inordinately hinder the operation
48 or effective administration of this chapter;
49 (b) the applicant would in all likelihood be able to ultimately obtain
50 the wholesale license being applied for; and
51 (c) the applicant has substantially complied with the requirements
52 necessary to obtain such license.
A. 9244 18
1 4. The application for a permit shall be approved or denied by the
2 liquor authority within forty-five days after the receipt of such appli-
3 cation.
4 5. A temporary permit shall authorize the permittee to operate a
5 wholesale facility for the purchase, warehousing, and sale of alcoholic
6 beverages according to the laws applicable to the type of wholesale
7 license being applied for.
8 6. Such temporary permit shall remain in effect for six months or
9 until the wholesale license being applied for is approved and the
10 license granted, whichever is shorter. Such permit may be extended at
11 the discretion of the liquor authority for additional three-month peri-
12 ods of time upon payment of an additional fee of fifty dollars for each
13 such extension.
14 7. Notwithstanding any provision of law to the contrary, a temporary
15 wholesale permit may be summarily cancelled or suspended at any time if
16 the liquor authority determines that good cause for cancellation or
17 suspension exists. The liquor authority shall promptly notify the
18 permittee in writing of such cancellation or suspension and shall set
19 forth the reasons for such action.
20 8. The liquor authority in reviewing such application shall review the
21 entire record and grant the temporary permit unless good cause is other-
22 wise shown. A decision on an application shall be based on substantial
23 evidence in the record and supported by a preponderance of the evidence
24 in favor of the applicant.
25 § 2. Section 104 of the alcoholic beverage control law is amended by
26 adding a new subdivision 4 to read as follows:
27 4. Notwithstanding any other provision of this chapter to the contra-
28 ry, the authority may issue a cider producer or wholesaler's license,
29 beer wholesaler's license, wine wholesaler's license, or liquor whole-
30 saler's license to the holder of any wholesaler's license issued pursu-
31 ant to this chapter for use at such licensee's existing licensed prem-
32 ises. The liquor authority is hereby authorized to adopt such rules as
33 it may deem necessary to carry out the purposes of this subdivision.
34 § 3. This act shall take effect immediately and shall apply to all
35 applications filed after such effective date.
36 PART N
37 Section 1. Paragraph (a) of subdivision 7 of section 64 of the alco-
38 holic beverage control law, as amended by chapter 463 of the laws of
39 2009, is amended to read as follows:
40 (a) on the same street or avenue and within two hundred feet of a
41 building occupied exclusively as a school, church, synagogue or other
42 place of worship; provided, however, that the authority may issue a
43 retail license for on-premises consumption for a premises which shall be
44 within two hundred feet of a building occupied exclusively as a school,
45 church, synagogue, or other place of worship if the owner or administra-
46 tor of such school, church, or other place of worship affirmatively
47 state support for the issuance of such a license, or
48 § 2. Subparagraph (i) of paragraph (a) of subdivision 7 of section
49 64-a of the alcoholic beverage control law, as amended by chapter 463 of
50 the laws of 2009, is amended to read as follows:
51 (i) on the same street or avenue and within two hundred feet of a
52 building occupied exclusively as a school, church, synagogue or other
53 place of worship; provided, however, that the authority may issue a
54 retail license for on-premises consumption for a premises which shall be
A. 9244 19
1 within two hundred feet of a building occupied exclusively as a school,
2 church, synagogue, or other place of worship if the owner or administra-
3 tor of such school, church, or other place of worship affirmatively
4 state support for the issuance of such a license; or
5 § 3. Subparagraph (i) of paragraph (a) of subdivision 5 of section
6 64-b of the alcoholic beverage control law, as amended by chapter 463 of
7 the laws of 2009, is amended to read as follows:
8 (i) on the same street or avenue and within two hundred feet of a
9 building occupied exclusively as a school, church, synagogue or other
10 place of worship; provided, however, that the authority may issue a
11 retail license for on-premises consumption for a premises which shall be
12 within two hundred feet of a building occupied exclusively as a school,
13 church, synagogue, or other place of worship if the owner or adminis-
14 trator of such school, church, or other place of worship affirmative-
15 ly state support for the issuance of such a license; or
16 § 4. Subparagraph (i) of paragraph (a) of subdivision 11 of section
17 64-c of the alcoholic beverage control law, as amended by chapter 463 of
18 the laws of 2009, is amended to read as follows:
19 (i) on the same street or avenue and within two hundred feet of a
20 building occupied exclusively as a school, church, synagogue or other
21 place of worship; provided, however, that the authority may issue a
22 retail license for on-premises consumption for a premises which shall be
23 within two hundred feet of a building occupied exclusively as a school,
24 church, synagogue, or other place of worship if the owner or adminis-
25 trator of such school, church, or other place of worship affirmative-
26 ly state support for the issuance of such a license; or
27 § 5. Paragraph (a) of subdivision 8 of section 64-d of the alcoholic
28 beverage control law, as amended by chapter 463 of the laws of 2009, is
29 amended to read as follows:
30 (a) on the same street or avenue and within two hundred feet of a
31 building occupied exclusively as a school, church, synagogue or other
32 place of worship; provided, however, that the authority may issue a
33 retail license for on-premises consumption for a premises which shall be
34 within two hundred feet of a building occupied exclusively as a school,
35 church, synagogue, or other place of worship if the owner or adminis-
36 trator of such school, church, or other place of worship affirmative-
37 ly state support for the issuance of such a license; or
38 § 6. This act shall take effect immediately.
39 PART O
40 Section 1. Paragraphs (b) and (f) of subdivision 7 of section 64 of
41 the alcoholic beverage control law, paragraph (b) as amended by chapter
42 463 of the laws of 2009 and paragraph (f) as amended by chapter 185 of
43 the laws of 2012, are amended to read as follows:
44 (b) in a [city, town or village having a population of twenty thousand
45 or more] county having a population between one million six hundred
46 thousand and one million seven hundred thousand as of the two thousand
47 twenty census as conducted by the United States department of commerce
48 within five hundred feet of three or more existing premises licensed and
49 operating pursuant to this section and sections sixty-four-a, sixty-
50 four-b, sixty-four-c, and/or sixty-four-d of this article;
51 (f) Notwithstanding the provisions of paragraph (b) of this subdivi-
52 sion, in a county having a population between one million six hundred
53 thousand and one million seven hundred thousand as of the two thousand
54 twenty census as conducted by the United States department of commerce,
A. 9244 20
1 the authority may issue a license pursuant to this section for a prem-
2 ises which shall be within five hundred feet of three or more existing
3 premises licensed and operating pursuant to this section and sections
4 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
5 article if, after consultation with the municipality or community board,
6 it determines that granting such license would be in the public inter-
7 est. Before it may issue any such license, the authority shall conduct a
8 hearing, upon notice to the applicant and the municipality or community
9 board, and shall state and file in its office its reasons therefor. The
10 hearing may be rescheduled, adjourned or continued, and the authority
11 shall give notice to the applicant and the municipality or community
12 board of any such rescheduled, adjourned or continued hearing. Before
13 the authority issues any said license, the authority or one or more of
14 the commissioners thereof may, in addition to the hearing required by
15 this paragraph, also conduct a public meeting regarding said license,
16 upon notice to the applicant and the municipality or community board.
17 The public meeting may be rescheduled, adjourned or continued, and the
18 authority shall give notice to the applicant and the municipality or
19 community board of any such rescheduled, adjourned or continued public
20 meeting. Notice to the municipality or community board shall mean writ-
21 ten notice mailed by the authority to such municipality or community
22 board at least fifteen days in advance of any hearing scheduled pursuant
23 to this paragraph. Upon the request of the authority, any municipality
24 or community board may waive the fifteen day notice requirement. No
25 premises having been granted a license pursuant to this section shall be
26 denied a renewal of such license upon the grounds that such premises are
27 within five hundred feet of a building or buildings wherein three or
28 more premises are licensed and operating pursuant to this section and
29 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
30 of this article.
31 § 2. Paragraphs (a) and (d) of subdivision 7 of section 64-a of the
32 alcoholic beverage control law, paragraph (a) as amended by chapter 463
33 of the laws of 2009 and paragraph (d) as amended by chapter 185 of the
34 laws of 2012, are amended to read as follows:
35 (a) No special on-premises license shall be granted for any premises
36 which shall be
37 (i) on the same street or avenue and within two hundred feet of a
38 building occupied exclusively as a school, church, synagogue or other
39 place of worship or
40 (ii) in a [city, town or village having a population of twenty thou-
41 sand or more] county having a population between one million six hundred
42 thousand and one million seven hundred thousand as of the two thousand
43 twenty census as conducted by the United States department of commerce
44 within five hundred feet of three or more existing premises licensed and
45 operating pursuant to this section and sections sixty-four,
46 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article;
47 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
48 are to be taken in straight lines from the center of the nearest
49 entrance of the premises sought to be licensed to the center of the
50 nearest entrance of such school, church, synagogue or other place of
51 worship or to the center of the nearest entrance of each such premises
52 licensed and operating pursuant to this section and sections sixty-four,
53 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except
54 that no license shall be denied to any premises at which a license under
55 this chapter has been in existence continuously from a date prior to the
56 date when a building on the same street or avenue and within two hundred
A. 9244 21
1 feet of said premises has been occupied exclusively as a school, church,
2 synagogue or other place of worship; and except that no license shall be
3 denied to any premises, which is within five hundred feet of three or
4 more existing premises licensed and operating pursuant to this section
5 and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d
6 of this article, at which a license under this chapter has been in
7 existence continuously on or prior to November first, nineteen hundred
8 ninety-three. The liquor authority, in its discretion, may authorize the
9 removal of any such licensed premises to a different location on the
10 same street or avenue, within two hundred feet of said school, church,
11 synagogue or other place of worship, provided that such new location is
12 not within a closer distance to such school, church, synagogue or other
13 place of worship.
14 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph
15 (a) of this subdivision, in a county having a population between one
16 million six hundred thousand and one million seven hundred thousand as
17 of the two thousand twenty census as conducted by the United States
18 department of commerce, the authority may issue a license pursuant to
19 this section for a premises which shall be within five hundred feet of
20 three or more existing premises licensed and operating pursuant to this
21 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
22 sixty-four-d of this article if, after consultation with the munici-
23 pality or community board, it determines that granting such license
24 would be in the public interest. Before it may issue any such license,
25 the authority shall conduct a hearing, upon notice to the applicant and
26 the municipality or community board, and shall state and file in its
27 office its reasons therefor. Notice to the municipality or community
28 board shall mean written notice mailed by the authority to such munici-
29 pality or community board at least fifteen days in advance of any hear-
30 ing scheduled pursuant to this paragraph. Upon the request of the
31 authority, any municipality or community board may waive the fifteen day
32 notice requirement. The hearing may be rescheduled, adjourned or contin-
33 ued, and the authority shall give notice to the applicant and the muni-
34 cipality or community board of any such rescheduled, adjourned or
35 continued hearing. Before the authority issues any said license, the
36 authority or one or more of the commissioners thereof may, in addition
37 to the hearing required by this paragraph, also conduct a public meeting
38 regarding said license, upon notice to the applicant and the munici-
39 pality or community board. The public meeting may be rescheduled,
40 adjourned or continued, and the authority shall give notice to the
41 applicant and the municipality or community board of any such resched-
42 uled, adjourned or continued public meeting. No premises having been
43 granted a license pursuant to this section shall be denied a renewal of
44 such license upon the grounds that such premises are within five hundred
45 feet of a building or buildings wherein three or more premises are
46 licensed and operating pursuant to this section and sections sixty-four,
47 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
48 § 3. Paragraphs (a) and (c) of subdivision 5 of section 64-b of the
49 alcoholic beverage control law, paragraph (a) as amended by chapter 463
50 of the laws of 2009 and paragraph (c) as amended by chapter 185 of the
51 laws of 2012, are amended to read as follows:
52 (a) No bottle club license shall be granted for any premises which
53 shall be
54 (i) on the same street or avenue and within two hundred feet of a
55 building occupied exclusively as a school, church, synagogue or other
56 place of worship; or
A. 9244 22
1 (ii) in a [city, town or village having a population of twenty thou-
2 sand or more] county having a population between one million six hundred
3 thousand and one million seven hundred thousand as of the two thousand
4 twenty census as conducted by the United States department of commerce
5 within five hundred feet of three or more existing premises licensed and
6 operating pursuant to this section and sections sixty-four,
7 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article;
8 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
9 are to be taken in straight lines from the center of the nearest
10 entrance of the premises sought to be licensed to the center of the
11 nearest entrance of such school, church, synagogue or other place of
12 worship or to the center of the nearest entrance of each such premises
13 licensed and operating pursuant to this section and sections sixty-four,
14 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article; except
15 that no license shall be denied to any premises at which a license under
16 this chapter has been in existence continuously from a date prior to the
17 date when a building on the same street or avenue and within two hundred
18 feet of said premises has been occupied exclusively as a school, church,
19 synagogue or other place of worship; and except that no license shall be
20 denied to any premises, which is within five hundred feet of three or
21 more existing premises licensed and operating pursuant to this section
22 and sections sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d
23 of this article, at which a license under this chapter has been in
24 existence continuously on or prior to November first, nineteen hundred
25 ninety-three. The liquor authority, in its discretion, may authorize the
26 removal of any such licensed premises to a different location on the
27 same street or avenue, within two hundred feet of said school, church,
28 synagogue or other place of worship, provided that such new location is
29 not within a closer distance to such school, church, synagogue or other
30 place of worship.
31 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
32 (a) of this subdivision, in a county having a population between one
33 million six hundred thousand and one million seven hundred thousand as
34 of the two thousand twenty census as conducted by the United States
35 department of commerce, the authority may issue a license pursuant to
36 this section for a premises which shall be within five hundred feet of
37 three or more existing premises licensed and operating pursuant to this
38 section and sections sixty-four, sixty-four-a, sixty-four-c, and/or
39 sixty-four-d of this article if, after consultation with the munici-
40 pality or community board, it determines that granting such license
41 would be in the public interest. Before it may issue any such license,
42 the authority shall conduct a hearing, upon notice to the applicant and
43 the municipality or community board, and shall state and file in its
44 office its reasons therefor. The hearing may be rescheduled, adjourned
45 or continued, and the authority shall give notice to the applicant and
46 the municipality or community board of any such rescheduled, adjourned
47 or continued hearing. Before the authority issues any said license, the
48 authority or one or more of the commissioners thereof may, in addition
49 to the hearing required by this paragraph, also conduct a public meeting
50 regarding said license, upon notice to the applicant and the munici-
51 pality or community board. The public meeting may be rescheduled,
52 adjourned or continued, and the authority shall give notice to the
53 applicant and the municipality or community board of any such resched-
54 uled, adjourned or continued public meeting. Notice to the municipality
55 or community board shall mean written notice mailed by the authority to
56 such municipality or community board at least fifteen days in advance of
A. 9244 23
1 any hearing scheduled pursuant to this paragraph. Upon the request of
2 the authority, any municipality or community board may waive the fifteen
3 day notice requirement. No premises having been granted a license pursu-
4 ant to this section shall be denied a renewal of such license upon the
5 grounds that such premises are within five hundred feet of a building or
6 buildings wherein three or more premises are licensed and operating
7 pursuant to this section and sections sixty-four, sixty-four-a, sixty-
8 four-c, and/or sixty-four-d of this article.
9 § 4. Paragraphs (a) and (c) of subdivision 11 of section 64-c of the
10 alcoholic beverage control law, paragraph (a) as amended by chapter 463
11 of the laws of 2009 and paragraph (c) as amended by chapter 185 of the
12 laws of 2012, are amended to read as follows:
13 (a) No restaurant-brewer license shall be granted for any premises
14 which shall be:
15 (i) on the same street or avenue and within two hundred feet of a
16 building occupied exclusively as a school, church, synagogue or other
17 place of worship; or
18 (ii) in a [city, town or village having a population of twenty thou-
19 sand or more] county having a population between one million six hundred
20 thousand and one million seven hundred thousand as of the two thousand
21 twenty census as conducted by the United States department of commerce
22 within five hundred feet of three or more existing premises licensed and
23 operating pursuant to the provisions of this section or sections sixty-
24 four, sixty-four-a, sixty-four-b and/or sixty-four-d of this article; or
25 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph
26 are to be taken in straight lines from the center of the nearest
27 entrance of the premises sought to be licensed to the center of the
28 nearest entrance of such school, church, synagogue or other place of
29 worship or to the center of the nearest entrance of each such premises
30 licensed and operating pursuant to this section and sections sixty-four,
31 sixty-four-a, sixty-four-b and/or sixty-four-d of this article; except
32 that no license shall be denied to any premises at which a license under
33 this chapter has been in existence continuously from a date prior to the
34 date when a building on the same street or avenue and within two hundred
35 feet of said premises has been occupied exclusively as a school, church,
36 synagogue or other place of worship and except that no license shall be
37 denied to any premises, which is within five hundred feet of three or
38 more existing premises licensed and operating pursuant to this section
39 and sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d
40 of this article, at which a license under this chapter has been in
41 existence continuously on or prior to November first, nineteen hundred
42 ninety-three.
43 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
44 (a) of this subdivision, in a county having a population between one
45 million six hundred thousand and one million seven hundred thousand as
46 of the two thousand twenty census as conducted by the United States
47 department of commerce, the authority may issue a license pursuant to
48 this section for a premises which shall be within five hundred feet of
49 three or more existing premises licensed and operating pursuant to this
50 section and sections sixty-four, sixty-four-a, sixty-four-b and/or
51 sixty-four-d of this article if, after consultation with the munici-
52 pality or community board, it determines that granting such license
53 would be in the public interest. Before it may issue any such license,
54 the authority shall conduct a hearing, upon notice to the applicant and
55 the municipality or community board, and shall state and file in its
56 office its reasons therefor. The hearing may be rescheduled, adjourned
A. 9244 24
1 or continued, and the authority shall give notice to the applicant and
2 the municipality or community board of any such rescheduled, adjourned
3 or continued hearing. Before the authority issues any said license, the
4 authority or one or more of the commissioners thereof may, in addition
5 to the hearing required by this paragraph, also conduct a public meeting
6 regarding said license, upon notice to the applicant and the munici-
7 pality or community board. The public meeting may be rescheduled,
8 adjourned or continued, and the authority shall give notice to the
9 applicant and the municipality or community board of any such resched-
10 uled, adjourned or continued public meeting. Notice to the municipality
11 or community board shall mean written notice mailed by the authority to
12 such municipality or community board at least fifteen days in advance of
13 any hearing scheduled pursuant to this paragraph. Upon the request of
14 the authority, any municipality or community board may waive the fifteen
15 day notice requirement. No premises having been granted a license pursu-
16 ant to this section shall be denied a renewal of such license upon the
17 grounds that such premises are within five hundred feet of a building or
18 buildings wherein three or more premises are operating and licensed
19 pursuant to this section or sections sixty-four, sixty-four-a, sixty-
20 four-b and/or sixty-four-d of this article.
21 § 5. Paragraphs (b) and (e) of subdivision 8 of section 64-d of the
22 alcoholic beverage control law, paragraph (b) as amended by chapter 463
23 of the laws of 2009 and paragraph (e) as amended by chapter 185 of the
24 laws of 2012, are amended to read as follows:
25 (b) in a [city, town or village having a population of twenty thousand
26 or more] county having a population between one million six hundred
27 thousand and one million seven hundred thousand as of the two thousand
28 twenty census as conducted by the United States department of commerce
29 within five hundred feet of an existing premises licensed and operating
30 pursuant to the provisions of this section, or within five hundred feet
31 of three or more existing premises licensed and operating pursuant to
32 this section and sections sixty-four, sixty-four-a, sixty-four-b, and/or
33 sixty-four-c of this article.
34 (e) notwithstanding the provisions of paragraph (b) of this subdivi-
35 sion, in a county having a population between one million six hundred
36 thousand and one million seven hundred thousand as of the two thousand
37 twenty census as conducted by the United States department of commerce,
38 the authority may issue a license pursuant to this section for a prem-
39 ises which shall be within five hundred feet of an existing premises
40 licensed and operating pursuant to the provisions of this section or
41 within five hundred feet of three or more existing premises licensed and
42 operating pursuant to this section and sections sixty-four,
43 sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if,
44 after consultation with the municipality or community board, it deter-
45 mines that granting such license would be in the public interest.
46 Before it may issue any such license, the authority shall conduct a
47 hearing, upon notice to the applicant and the municipality or community
48 board, and shall state and file in its office its reasons therefor. The
49 hearing may be rescheduled, adjourned or continued, and the authority
50 shall give notice to the applicant and the municipality or community
51 board of any such rescheduled, adjourned or continued hearing. Before
52 the authority issues any said license, the authority or one or more of
53 the commissioners thereof may, in addition to the hearing required by
54 this paragraph, also conduct a public meeting regarding said license,
55 upon notice to the applicant and the municipality or community board.
56 The public meeting may be rescheduled, adjourned or continued, and the
A. 9244 25
1 authority shall give notice to the applicant and the municipality or
2 community board of any such rescheduled, adjourned or continued public
3 meeting. Notice to the municipality or community board shall mean writ-
4 ten notice mailed by the authority to such municipality or community
5 board at least fifteen days in advance of any hearing scheduled pursuant
6 to this paragraph. Upon the request of the authority, any municipality
7 or community board may waive the fifteen day notice requirement. No
8 premises having been granted a license pursuant to this section shall be
9 denied a renewal of such license upon the grounds that such premises are
10 within five hundred feet of an existing premises licensed and operating
11 pursuant to the provisions of this section or within five hundred feet
12 of a building or buildings wherein three or more premises are licensed
13 and operating pursuant to this section and sections sixty-four, sixty-
14 four-a, sixty-four-b, and/or sixty-four-c of this article.
15 § 6. This act shall take effect immediately.
16 PART P
17 Section 1. Subdivision 2 of section 105 of the alcoholic beverage
18 control law is REPEALED.
19 § 2. This act shall take effect immediately, and shall apply to all
20 applications received by the state liquor authority on and after such
21 date.
22 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
23 sion, section or part of this act shall be adjudged by any court of
24 competent jurisdiction to be invalid, such judgment shall not affect,
25 impair, or invalidate the remainder thereof, but shall be confined in
26 its operation to the clause, sentence, paragraph, subdivision, section
27 or part thereof directly involved in the controversy in which such judg-
28 ment shall have been rendered. It is hereby declared to be the intent of
29 the legislature that this act would have been enacted even if such
30 invalid provisions had not been included herein.
31 § 3. This act shall take effect immediately; provided, however, that
32 the applicable effective date of Parts A through P of this act shall be
33 as specifically set forth in the last section of such Parts.
