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ARTICLE 5
SPECIAL PROVISIONS RELATING TO LIQUOR
Section 60. Kinds of licenses.
61. Distiller`s licenses.
62. Wholesaler`s liquor license.
63. License to sell liquor at retail for consumption off the
premises.
63-a. Liquor tasting.
64. License to sell liquor at retail for consumption on the
premises.
64-a. Special license to sell liquor at retail for consumption
on the premises.
64-b. License to sell liquor on premises commonly known as a
bottle club.
64-c. License to manufacture and sell alcoholic beverages in a
premises commonly known as a restaurant-brewer.
64-d. License to sell liquor on premises commonly known as a
cabaret.
65. Prohibited sales.
65-a. Procuring alcoholic beverages for persons under the age of
twenty-one years.
65-b. Offense for one under age of twenty-one years to purchase
or attempt to purchase an alcoholic beverage through
fraudulent means.
65-c. Unlawful possession of an alcoholic beverage with the
intent to consume by persons under the age of twenty-one
years.
65-d. Posting of signs.
66. License fees.
67. License fees, duration of licenses; fee for part of year.
S 60. Kinds of licenses. The following kinds of licenses may be
issued for the manufacture and sale of liquor, alcohol and spirits, to
wit:
1. Distiller`s license, class A.
1-a. Distiller`s license, class A-1.
2. Distiller`s license, class B.
2-a. Distiller`s license, class C.
2-b. Distiller`s license, class B-1.
3. Wholesaler`s license.
4. License to sell liquor at retail for consumption off the premises.
5. License to sell liquor at retail for consumption on the premises.
6. Special license to sell liquor at retail for consumption on the
premises.
S 61. Distiller`s licenses. 1. A class A distiller`s license shall
authorize the holder thereof to operate a distillery for the manufacture
of liquors by distillation or redistillation at the premises
specifically designated in the license. Such a license shall also
authorize the sale in bulk by such licensee from the licensed premises
of the products manufactured under such license to any person holding a
distiller`s class A license, a distiller`s class B license or a
permittee engaged in the manufacture of products which are unfit for
beverage use. It shall also authorize the sale from the licensed
premises and from one other location in the state of New York of any
liquor whether or not manufactured by such licensee to a wholesale or
retail liquor licensee or permittee in sealed containers of not more
than one quart each. Such license shall also include the privilege to
operate a rectifying plant under the same terms and conditions as the
holder of a class B distiller`s license without the payment of any
additional fee.
1-a. A class A-1 distiller`s license shall authorize the holder
thereof to operate a distillery which has a production capacity of no
more than 35,000 gallons per year for the manufacture of liquors by
distillation or redistillation at the premises specifically designated
in the license. Such a license shall also authorize the sale in bulk by
such licensee from the licensed premises of the products manufactured
under such license to any person holding a distiller`s class A license,
a distiller`s class B license or a permittee engaged in the manufacture
of products which are unfit for beverage use. It shall also authorize
the sale from the licensed premises and from one other location in the
state of New York of liquors manufactured by such licensee to a
wholesale or retail liquor licensee or permittee in sealed containers of
not more than one quart each. Such license shall also include the
privilege to operate a rectifying plant under the same terms and
conditions as the holder of a class B-1 distiller`s license without the
payment of any additional fee.
2. A class B distiller`s license shall authorize the holder thereof to
operate a rectifying plant for the manufacture of the products of
rectification by purifying or combining alcohol, spirits, wine or beer
and the manufacture of gin and cordials by the redistillation of alcohol
or spirits over or with any materials. Such a license shall also
authorize the holder thereof to blend, reduce proof and bottle on his
licensed premises or in a United States customs bonded warehouse for
which a warehouse permit has been issued under this chapter for
wholesale liquor licensees or for persons authorized to sell liquor at
wholesale pursuant to the laws and regulation of any other state,
territorial possession of the United States or foreign country liquor
received in bulk by such wholesalers from other states, territorial
possessions of the United States or a foreign country, and to rebottle
or recondition for wholesale liquor or wine licensees or for persons
authorized to sell liquor or wine at wholesale pursuant to the laws and
regulations of any other state, territorial possession of the United
States or foreign country, liquor or wine manufactured outside the
state, which was purchased and received by such wholesalers in sealed
containers not exceeding one quart each of liquor or fifteen gallons
each of wine. Such a license shall also authorize the sale from the
licensed premises of the products manufactured by such licensee to a
wholesale or retail licensee in sealed containers of not more than one
quart each.
2-a. A class C distiller`s license shall authorize the holder thereof
to operate a distillery for the manufacture only of fruit brandy and the
sale of such product by such licensee to a wholesale or retail licensee
in sealed containers of not more than one quart each. Such a license
shall also authorize the sale in bulk of fruit brandy to a winery
licensee, to the holder of a class B distiller`s license or to a
permittee engaged in the manufacture of products which are unfit for
beverage use. It shall also authorize the sale from the licensed
premises and from one other location in the state of any fruit brandy
whether or not manufactured by such licensee to a wholesale or retail
liquor licensee or permittee in sealed containers of not more than one
quart each.
2-b. A class B-1 distiller`s license shall authorize the holder
thereof to operate a rectifying plant which has a production capacity of
no more than thirty-five thousand gallons per year for the manufacture
of the products of rectification by purifying or combining alcohol,
spirits, wine, or beer and the manufacture of cordials by the
redistillation of alcohol or spirits over or with any materials. Such a
license shall also authorize the holder thereof to blend, reduce proof
and bottle on his licensed premises or in a United States customs bonded
warehouse for which a warehouse permit has been issued under this
chapter for wholesale liquor licensees or for persons authorized to sell
liquor at wholesale pursuant to the laws and regulation of any other
state, territorial possession of the United States or foreign country
liquor received in bulk by such wholesalers from other states,
territorial possessions of the United States or a foreign country, and
to rebottle or recondition for wholesale liquor or wine licensees or for
persons authorized to sell liquor or wine at wholesale pursuant to the
laws and regulations of any other state, territorial possession of the
United States or foreign country, liquor or wine manufactured outside
the state, which was purchased and received by such wholesalers in
sealed containers not exceeding one quart each of liquor or fifteen
gallons each of wine. Such a license shall also authorize the sale from
the licensed premises of the products manufactured by such licensee to a
wholesale or retail licensee in sealed containers of not more than one
quart each.
3. A distiller`s license of any class shall not authorize more than
one of said activities, namely, that of a distillery, a rectifying plant
or a fruit brandy distillery, and a separate license shall be required
for each such activity, except as provided in subdivision one of this
section.
4. Any person may apply to the liquor authority for a distiller`s
license as provided for in this section. Such application shall be in
writing and verified and shall contain such information as the liquor
authority shall require. Such application shall be accompanied by a
check or draft for the amount required by this article for such license.
If the liquor authority shall grant the application it shall issue a
license in such form as shall be determined by its rules.
5. No distiller shall be engaged in any other business on the licensed
premises. No distiller shall sell or agree to sell any liquor, alcohol
or spirits to any wholesaler or any retailer who is not duly licensed
under this article to sell liquor, alcohol or spirits at wholesale or
retail at the time of such agreement and sale or sell or agree to sell
any liquor, alcohol or spirits to persons outside the state except
pursuant to the laws of the place of such sale or delivery.
S 62. Wholesaler`s liquor license. Any person may apply to the liquor
authority for a license to sell liquor at wholesale. Such application
shall be in writing and verified and shall contain such information as
the liquor authority shall require. Such application shall be
accompanied by a check or draft for the amount required by this article
for such license. If the liquor authority shall grant the application it
shall issue a license in such form as shall be determined by its rules.
Such license shall contain a description of the licensed premises and in
form and in substance shall be a license to the person therein
specifically designated to sell liquors at wholesale in the premises
therein specifically licensed to duly licensed wholesalers, retailers
and permittees in this state, and to sell liquor in bulk to a licensed
rectifier or to a permittee engaged in the manufacture of products which
are unfit for beverage use, for use in the manufacture of products
produced and sold by such rectifier or permittee, and to sell or deliver
liquor to persons outside the state pursuant to the laws of the place of
such sale or delivery. Such a license shall also include the privilege
to sell wine at wholesale under the same terms and conditions without
the payment of any additional fee.
S 63. License to sell liquor at retail for consumption off the
premises. 1. Any person may make an application to the appropriate
board for a license to sell liquor at retail not to be consumed upon the
premises where sold. Such application shall be in such form and shall
contain such information as shall be required by the rules of the liquor
authority and shall be accompanied by a check or draft in the amount
required by this article for such license.
2. Section fifty-four shall control so far as is applicable the
procedure in connection with such applications.
3. Such license shall in form and in substance be a license to the
person specifically designated therein to sell liquor in the premises
specifically licensed at retail for off-premise consumption and shall
also include the privilege to sell wine under the same terms and
conditions without the payment of any additional fee.
4. No licensee under this section shall be engaged in any other
business on the licensed premises. The sale of lottery tickets, when
duly authorized and lawfully conducted, the sale of corkscrews or the
sale of ice or the sale of publications, including prerecorded video
and/or audio cassette tapes, designed to help educate consumers in their
knowledge and appreciation of wine and wine products, as defined in
section three of this chapter, or the sale of non-carbonated,
non-flavored mineral waters, spring waters and drinking waters or the
sale of glasses designed for the consumption of wine, racks designed for
the storage of wine, and devices designed to minimize oxidation in
bottles of wine which have been uncorked, shall not constitute engaging
in another business within the meaning of this subdivision.
5. Not more than one license shall be granted to any person under this
section.
6. Determinations under this section with respect to the issuance of a
new license or under section one hundred eleven with respect to the
transfer to any other premises of a license issued hereunder, shall be
made in accordance with public convenience and advantage.
S 63-a. Liquor tasting. 1. Any person licensed pursuant to section
sixty-one or sixty-two of this article may conduct consumer tastings of
liquor in establishments licensed under section sixty-three of this
article to sell alcoholic beverages for off-premises consumption.
2. All consumer tastings of liquor shall be conducted subject to the
following limitations:
(a) tastings of liquor shall be conducted by an official agent of one
or more persons licensed pursuant to section sixty-one or sixty-two of
this article. Such agent shall be physically present upon the premises
at all times during the conducting of the consumer tasting of liquor.
(b) no such person or persons licensed pursuant to section sixty-one
or sixty-two of this article, and no official agent thereof, may
provide, directly or indirectly: (i) more than a total of three samples
of liquor for tasting to a person in one calendar day; or (ii) a sample
of liquor for tasting equal to more than one-quarter fluid ounce.
(c) any liability stemming from a right of action resulting from a
consumer tasting of liquor authorized by this section and in accordance
with the provisions of sections 11-100 and 11-101 of the general
obligations law, shall accrue to the persons licensed pursuant to
section sixty-one or sixty-two of this article, who conducted such
tasting.
3. The state liquor authority shall promulgate rules and regulations
regarding liquor tastings as provided for in this section.
S 64. License to sell liquor at retail for consumption on the
premises. 1. Notwithstanding the provisions of subdivision two of
section seventeen of this chapter, any person may make an application to
the appropriate board for a license to sell liquor at retail to be
consumed on the premises where sold, and such licenses shall be issued
to all applicants except for good cause shown.
2. Such application shall be in such form and shall contain such
information as shall be required by the rules of the liquor authority
and shall be accompanied by a check or draft in the amount required by
this article for such license.
2-a. Notwithstanding any other provision of this chapter, upon receipt
of an application for a license under this section, an application for
renewal under section one hundred nine of this chapter, or an
application for an alteration to a premises licensed for consumption on
the premises under section ninety-nine-d of this chapter, the applicant
shall notify the clerk of the village, town or city, as the case may be,
by certified mail, return receipt requested, wherein the prospective
licensed premises is to be located or, in the case of an application for
renewal, or alteration where it is presently located not less than
thirty days prior to the submission of its application for a license
under this section or for a renewal thereof pursuant to section one
hundred nine of this chapter. For the purposes of the preceding sentence
notification need only be given to the clerk of a village when such
premises is to be located within the boundaries of the village. In the
city of New York, the community board established pursuant to section
twenty-eight hundred of the New York city charter with jurisdiction over
the area in which such licensed premises is to be located shall be
considered the appropriate public body to which notification shall be
given. Such municipality or community board, as the case may be, may
express an opinion for or against the granting of such license. Any such
opinion shall be deemed part of the record upon which the liquor board
makes its determination to grant or deny such license.
3. Section fifty-four shall control so far as applicable the procedure
in connection with such application.
4. Such license shall in form and in substance be a license to the
person specifically licensed to sell liquors at retail, to be consumed
upon the premises. Such license shall also be deemed to include a
license to sell wine and beer at retail to be consumed under the same
terms and conditions, without the payment of any additional fee.
5. No retail license under this section shall be granted except for
such premises as are being conducted as a bona fide hotel provided that
a restaurant is operated in such premises, restaurant, catering
establishment, club, railroad car, vessel or aircraft being operated on
regularly scheduled flights by a United States certificated airline.
6. Where an on-premise license shall be granted to the owner of a
hotel situated in a town or village the liquor authority may in its
discretion grant to such owner the right to sell liquor and wine for
off-premise consumption under the same terms and conditions as apply to
off-premise licenses upon the payment of an additional fee of sixty-two
dollars and fifty cents; provided, however, that this permission shall
not be granted if an off-premise license has been granted for premises
located within eight miles of such hotel.
6-a. The authority may consider any or all of the following in
determining whether public convenience and advantage and the public
interest will be promoted by the granting of licenses and permits for
the sale of alcoholic beverages at a particular unlicensed location:
(a) The number, classes and character of licenses in proximity to the
location and in the particular municipality or subdivision thereof.
(b) Evidence that all necessary licenses and permits have been
obtained from the state and all other governing bodies.
(c) Effect of the grant of the license on vehicular traffic and
parking in proximity to the location.
(d) The existing noise level at the location and any increase in noise
level that would be generated by the proposed premises.
(e) The history of liquor violations and reported criminal activity at
the proposed premises.
(f) Any other factors specified by law or regulation that are relevant
to determine the public convenience and advantage and public interest of
the community.
7. No retail license for on-premises consumption shall be granted for
any premises which shall be
(a) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship or
(b) in a city, town or village having a population of twenty thousand
or more within five hundred feet of three or more existing premises
licensed and operating pursuant to the provisions of this section;
(c) the measurements in paragraphs (a) and (b) of this subdivision are
to be taken in straight lines from the center of the nearest entrance of
the premises sought to be licensed to the center of the nearest entrance
of such school, church, synagogue or other place of worship or to the
center of the nearest entrance of each such premises licensed and
operating pursuant to the provisions of this section; except, however,
that no renewal license shall be denied because of such restriction to
any premises so located which were maintained as a bona fide hotel,
restaurant, catering establishment or club on or prior to December
fifth, nineteen hundred thirty-three; and, except that no license shall
be denied to any premises at which a license under this chapter has been
in existence continuously from a date prior to the date when a building
on the same street or avenue and within two hundred feet of said
premises has been occupied exclusively as a school, church, synagogue or
other place of worship; and except that no license shall be denied to
any premises, which is within five hundred feet of three or more
existing premises licensed and operating pursuant to the provisions of
this section, at which a license under this chapter has been in
existence continuously on or prior to November first, nineteen hundred
ninety-three; and except that this subdivision shall not be deemed to
restrict the issuance of a hotel liquor license to a building used as a
hotel and in which a restaurant liquor license currently exists for
premises which serve as a dining room for guests of the hotel and a
caterer`s license to a person using the permanent catering facilities of
a church, synagogue or other place of worship pursuant to a written
agreement between such person and the authorities in charge of such
facilities. The liquor authority, in its discretion, may authorize the
removal of any such licensed premises to a different location on the
same street or avenue, within two hundred feet of said school, church,
synagogue or other place of worship, provided that such new location is
not within a closer distance to such school, church, synagogue or other
place of worship.
(d) Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or premises licensed and
operating pursuant to the provisions of this section or of the premises
sought to be licensed, regularly used to give ingress to students of the
school, to the general public attending the place of worship, and to
patrons or guests of the premises licensed and operating pursuant to the
provisions of this section or of the premises sought to be licensed,
except that where a school or house of worship or premises licensed and
operating pursuant to the provisions of this section is set back from a
public thoroughfare, the walkway or stairs leading to any such door
shall be deemed an entrance; and the measurement shall be taken to the
center of the walkway or stairs at the point where it meets the building
line or public thoroughfare. A door which has no exterior hardware, or
which is used solely as an emergency or fire exit, or for maintenance
purposes, or which leads directly to a part of a building not regularly
used by the general public or patrons, is not deemed an "entrance".
(e) Notwithstanding the provisions of this chapter to the contrary,
the authority may issue a license to sell liquor at retail to be
consumed on premises to a club as such term is defined in subdivision
nine of section three of this chapter whether or not the building in
which the premises for which such license is to be issued is used
exclusively for club purposes and whether or not such premises is within
two hundred feet of a building used exclusively as a school, church,
synagogue or place of worship if such club is affiliated or associated
with such school, church, synagogue or place of worship and the
governing body of such school, church, synagogue or other place of
worship has filed written notice with the authority that it has no
objection to the issuance of such license.
(f) Notwithstanding the provisions of paragraph (b) of this
subdivision, the authority may issue a retail license for on-premises
consumption for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to the
provisions of this section if, after consultation with the municipality
or community board, it determines that granting such license would be in
the public interest. Before it may issue any such license, the authority
shall conduct a hearing, upon notice to the applicant and the
municipality or community board, and shall state and file in its office
its reasons therefor. Notice to the municipality or community board
shall mean written notice mailed by the authority to such municipality
or community board at least fifteen days in advance of any hearing
scheduled pursuant to this paragraph. Upon the request of the authority,
any municipality or community board may waive the fifteen day notice
requirement. No premises having been granted a license pursuant to this
section shall be denied a renewal of such license upon the grounds that
such premises are within five hundred feet of a building or buildings
wherein three or more premises are operating and licensed pursuant to
this section.
8. A license issued for such premises as are being conducted as a
catering establishment shall authorize the holder thereof to sell
alcoholic beverages at retail during such period of time as a function,
occasion or event is in progress therein and then only to persons
invited to and attending such function, occasion or event and only for
consumption on the premises where sold.
9. A retail license under this section may be granted for a premises
being conducted as a restaurant and located in the area leased by the
city of New York to the New York World`s Fair 1964-1965 pursuant to the
provisions of chapter four hundred twenty-eight of the laws of nineteen
hundred sixty as amended by chapter nine hundred nine of the laws of
nineteen hundred sixty-one during the term or duration of such lease,
notwithstanding the fact that said premises is not open to the general
public as required by this chapter provided that such premises has been
designated as an authorized facility of the New York World`s Fair
1964-1965 Corporation and has been certified to the liquor authority by
said corporation as such.
S 64-a. Special license to sell liquor at retail for consumption on
the premises. 1. On or before September first, nineteen hundred
sixty-nine, any license issued under section sixty-four of this article
may be converted into a special on-premises license under this section
upon the granting of a request for conversion filed with the liquor
authority by the holder of said license. Such a request shall be granted
by the authority except for good cause shown. The granting of such a
request shall constitute conversion of said license into a special
on-premises license subject to the provisions of this chapter applicable
to special on-premises licenses issued under this section.
2. On or after October first, nineteen hundred sixty-four, any person
may make an application to the appropriate board for a special license
to sell liquor at retail to be consumed on the premises where sold.
3. Such application shall be in such form and shall contain such
information as shall be required by the rules of the liquor authority
and shall be accompanied by a check or draft in the amount required by
this article for such license.
4. Section fifty-four shall control so far as applicable the procedure
in connection with such application.
5. Such special license shall in form and in substance be a license to
the person specifically licensed to sell liquor at retail to be consumed
on the premises specifically licensed. Such license shall also be deemed
to include a license to sell wine and beer at retail to be consumed
under the same terms and conditions, without the payment of any
additional fee.
6. No special on-premises license shall be granted except for premises
in which the principal business shall be (a) the sale of food or
beverages at retail for consumption on the premises or (b) the operation
of a legitimate theatre or such other lawful adult entertainment or
recreational facility as the liquor authority, giving due regard to the
convenience of the public and the strict avoidance of sales prohibited
by this chapter, shall by regulation classify for eligibility. Nothing
contained in this subdivision shall be deemed to authorize the issuance
of a license to a motion picture theatre.
7. (a) No special on-premises license shall be granted for any
premises which shall be
(i) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship or
(ii) in a city, town or village having a population of twenty thousand
or more within five hundred feet of three or more existing premises
licensed and operating pursuant to the provisions of this section;
(iii) the measurements in subparagraphs (i) and (ii) of this paragraph
are to be taken in straight lines from the center of the nearest
entrance of the premises sought to be licensed to the center of the
nearest entrance of such school, church, synagogue or other place of
worship or to the center of the nearest entrance of each such premises
licensed and operating pursuant to the provisions of this section;
except that no license shall be denied to any premises at which a
license under this chapter has been in existence continuously from a
date prior to the date when a building on the same street or avenue and
within two hundred feet of said premises has been occupied exclusively
as a school, church, synagogue or other place of worship and except that
no license shall be denied to any premises, which is within five hundred
feet of three or more existing premises licensed and operating pursuant
to the provisions of this section, at which a license under this chapter
has been in existence continuously on or prior to November first,
nineteen hundred ninety-three.
(b) Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or premises licensed and
operating pursuant to the provisions of this section or of the premises
sought to be licensed, regularly used to give ingress to students of the
school, to the general public attending the place of worship, and to
patrons or guests of the premises licensed and operating pursuant to the
provisions of this section or of the premises sought to be licensed,
except that where a school or house of worship or premises licensed and
operating pursuant to the provisions of this section is set back from a
public thoroughfare, the walkway or stairs leading to any such door
shall be deemed an entrance; and the measurement shall be taken to the
center of the walkway or stairs at the point where it meets the building
line or public thoroughfare. A door which has no exterior hardware, or
which is used solely as an emergency or fire exit, or for maintenance
purposes, or which leads directly to a part of a building not regularly
used by the general public or patrons, is not deemed an "entrance".
(c) Notwithstanding paragraph (a) of this subdivision, a special
on-premises license for a premises in which the principal business shall
be the operation of a legitimate theater by a corporation organized
pursuant to the not-for-profit corporation law may be granted
notwithstanding the proximity of such premises to any school, provided
that the availability of alcoholic beverages on such premises shall not
be advertised in any way at such premises in any manner visible from
such street or avenue.
(d) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a retail license for
on-premises consumption for a premises which shall be within five
hundred feet of three or more existing premises licensed and operating
pursuant to the provisions of this section if, after consultation with
the municipality or community board, it determines that granting such
license would be in the public interest. Before it may issue any such
license, the authority shall conduct a hearing, upon notice to the
applicant and the municipality or community board, and shall state and
file in its office its reasons therefor. No premises having been granted
a license pursuant to this section shall be denied a renewal of such
license upon the grounds that such premises are within five hundred feet
of a building or buildings wherein three or more premises are operating
and licensed pursuant to this section.
8. Every special on-premises licensee shall regularly keep food
available for sale to its customers for consumption on the premises. The
availability of sandwiches, soups or other foods, whether fresh,
processed, pre-cooked or frozen, shall be deemed compliance with this
requirement. The licensed premises shall comply at all times with all
the regulations of the local department of health. Nothing contained in
this subdivision, however, shall be construed to require that any food
be sold or purchased with any liquor, nor shall any rule, regulation or
standard be promulgated or enforced requiring that the sale of food be
substantial or that the receipts of the business other than from the
sale of liquor equal any set percentage of total receipts from sales
made therein.
9. The liquor authority may make such rules as it deems necessary to
carry out the provisions of this section.
S 64-b. License to sell liquor on premises commonly known as a bottle
club. 1. It shall be unlawful for any person, partnership or corporation
operating a place for profit or pecuniary gain, with a capacity for the
assemblage of twenty or more persons to permit a person or persons to
come to the place of assembly for the purpose of consuming alcoholic
beverages on said premises, which alcoholic beverages are either
provided by the operator of the place of assembly, his agents, servants
or employees, or are brought onto said premises by the person or persons
assembling at such place, unless an appropriate license has first been
obtained from the state liquor authority by the operator of said place
of assembly. Nothing in this section shall be construed as affecting
the definition of place of assembly in this chapter or any other law.
Nothing contained herein shall prohibit or restrict the leasing or use
of such place of assemblage as defined herein by any organization or
club enumerated in subdivision seven hereof.
2. Upon or after the effective date hereof any person may make an
application to the appropriate board for a special license to operate a
bottle club.
3. Such application shall be in such form and shall contain such
information as shall be required by the rules of the liquor authority
and shall be accompanied by a check or draft in the amount required by
this article for such license.
4. Section fifty-four of this chapter shall control so far as
applicable the procedure in connection with such application.
5. No bottle club license shall be granted for any premises which
shall be on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship; the measurements to be taken in a straight line from
the center of the nearest entrance of such school, church, synagogue or
other place of worship to the center of the nearest entrance of the
premises to be licensed; except that no license shall be denied to any
premises at which a license under this chapter has been in existence
continuously from a date prior to the date when a building on the same
street or avenue and within two hundred feet of said premises has been
occupied exclusively as a school, church, synagogue or other place of
worship.
6. The liquor authority may make such rules as it deems necessary to
carry out the provisions of this section.
7. This section shall not apply to any non-profit religious,
charitable, or fraternal organization nor to a club as defined in
section three, subdivision nine of this chapter, nor to a duly
recognized political club, except that it shall be unlawful for any of
the above to permit consumption of alcoholic beverages during the hours
prohibited by or pursuant to section one hundred six of the alcoholic
beverage control law.
S 64-c. License to manufacture and sell alcoholic beverages in a
premises commonly known as a restaurant-brewer. 1. Any person may make
an application to the state liquor authority for a license to operate a
restaurant-brewer.
2. Such application shall be in such form and shall contain such
information as shall be required by the liquor authority and shall be
accompanied by a check or draft in the amount required by this section
for such license.
3. Upon receipt of an original or a renewal application for a license
under this section, the applicant shall notify the clerk of the village,
town or city, as the case may be, by certified mail, return receipt
requested, wherein the prospective licensed premises is to be located
or, in the case of an application for renewal, where it is presently
located not less than thirty days prior to the submission of its
application for a license under this section or for a renewal thereof.
For the purposes of the preceding sentence notification need only be
given to the clerk of a village when such premises is to be located
within the boundaries of the village. In the city of New York, the
community board established pursuant to section twenty-eight hundred of
the New York city charter with jurisdiction over the area in which such
licensed premises is to be located shall be considered the appropriate
public body to which notification shall be given. Such municipality or
community board, as the case may be, may express an opinion for or
against the granting of such license. Any such opinion shall be deemed
part of the record upon which the liquor authority makes its
determination to grant or deny such license.
4. Section fifty-four of this chapter shall control so far as
applicable the procedure in connection with such application.
5. Such restaurant-brewer license shall in form and in substance be a
license to the person specifically licensed to operate a restaurant and
sell liquor at retail to be consumed on the premises specifically
licensed. Such license shall also be deemed to include a license to
sell wine and beer at retail to be consumed under the same terms and
conditions, without the payment of any additional fee.
6. A license under this section may only be granted to a person who
regularly and in a bona fide manner brews beer on the premises.
7. Not more than five licenses shall be granted to any person under
this section.
8. Not more than five thousand barrels of beer per year may be brewed
on any premises licensed under this section nor may any person who holds
multiple licenses under this section brew, in the aggregate, more than
twenty thousand barrels of beer per year.
9. On or within thirty days of the effective date of this section, any
person who holds a brewer`s license under section fifty-one of this
chapter as well as a license to sell beer, wine and liquor at retail for
consumption on the premises may file an application with the liquor
authority to convert those licenses into a license under this section.
Such an application shall be granted by the authority except for good
cause shown. The granting of such an application shall constitute
conversion of said license into a restaurant-brewer license subject to
the provisions of this chapter applicable to restaurant-brewers licenses
issued under this section.
10. Except as provided in subdivisions seven, eight, nine, twelve,
thirteen, fourteen and sixteen of this section, no person licensed under
this section may be interested directly or indirectly in any other
premises in this state where alcoholic beverages are manufactured or
sold. Any person who has an interest in premises eligible for
conversion under subdivision nine of this section shall not be issued
any license under this section unless and until a conversion application
has been filed with and approved by the authority.
11. (a) No restaurant-brewer license shall be granted for any premises
which shall be:
(i) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship; or
(ii) in a city, town or village having a population of twenty thousand
or more within five hundred feet of three or more existing premises
licensed and operating pursuant to the provisions of this section or
section sixty-four or sixty-four-a of this article; or
(iii) the measurements in subparagraphs (i) and (ii) of this paragraph
are to be taken in straight lines from the center of the nearest
entrance of the premises sought to be licensed to the center of the
nearest entrance of such school, church, synagogue or other place of
worship or to the center of the nearest entrance of each such premises
licensed and operating pursuant to the provisions of this section;
except that no license shall be denied to any premises at which a
license under this chapter has been in existence continuously from a
date prior to the date when a building on the same street or avenue and
within two hundred feet of said premises has been occupied exclusively
as a school, church, synagogue or other place of worship and except that
no license shall be denied to any premises, which is within five hundred
feet of three or more existing premises licensed and operating pursuant
to the provisions of this section or section sixty-four or sixty-four-a
of this article, at which a license under this chapter has been in
existence continuously on or prior to November first, nineteen hundred
ninety-three.
(b) Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or premises licensed and
operating pursuant to the provisions of this section or of the premises
sought to be licensed, regularly used to give ingress to students of the
school, to the general public attending the place of worship, and to
patrons or guests of the premises licensed and operating pursuant to the
provisions of this section or of the premises sought to be licensed,
except that where a school or house of worship or premises licensed and
operating pursuant to the provisions of this section is set back from a
public thoroughfare, the walkway or stairs leading to any such door
shall be deemed an entrance; and the measurement shall be taken to the
center of the walkway or stairs at the point where it meets the building
line or public thoroughfare. A door which has no exterior hardware, or
which is used solely as an emergency or fire exit, or for maintenance
purposes, or which leads directly to a part of a building not regularly
used by the general public or patrons, is not deemed an "entrance".
(c) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section which shall be within five hundred feet of three or more
existing premises licensed and operating pursuant to the provisions of
this section or section sixty-four or sixty-four-a of this article if,
after consultation with the municipality or community board, it
determines that granting such license would be in the public interest.
Before it may issue any such license, the authority shall conduct a
hearing, upon notice to the applicant and the municipality or community
board, and shall state and file in its office its reasons therefor. No
premises having been granted a license pursuant to this section shall be
denied a renewal of such license upon the grounds that such premises are
within five hundred feet of a building or buildings where three or more
premises are operating and licensed pursuant to this section or section
sixty-four or sixty-four-a of this article.
12. The liquor authority may in its discretion and upon such terms and
conditions as it may prescribe, issue to a licensed restaurant-brewer
upon his application therefor a supplemental license authorizing the
restaurant-brewer to sell beer brewed on the licensed premises at retail
to a person for consumption in his home, at retail in bulk by the keg,
cask or barrel for consumption and not for resale at a clambake,
barbecue, picnic, outing or other similar outdoor gathering at which
more than fifty persons are assembled and at wholesale. Such additional
license shall permit the sale of up to two hundred fifty barrels of beer
per year. No person, who holds multiple licenses under this section and
applies for and receives multiple supplemental licenses, may sell, under
those supplemental licenses, in the aggregate more than one thousand
barrels of beer per year.
13. For the exercise of the privilege granted by such supplemental
license issued under subdivision twelve of this section there is
assessed a fee to be paid by the licensee in the sum of eleven hundred
twenty-five dollars per three-year period plus a one hundred dollar
filing fee and which fee shall be in addition to the fee provided for in
this section for a restaurant-brewer license.
14. An application for a supplemental license under subdivision
thirteen of this section shall be in such form and shall contain such
information as shall be required by the liquor authority and shall be
accompanied by a check or draft in the amount required by subdivision
thirteen of this section.
15. The fee for an original and a renewal restaurant-brewer license
shall be fifty-eight hundred fifty dollars in the counties of New York,
Kings, Bronx and Queens; forty-three hundred fifty dollars in the county
of Richmond and in cities having a population of more than one hundred
thousand and less than one million; thirty-six hundred dollars in cities
having a population of more than fifty thousand and less than one
hundred thousand; and the sum of twenty-eight hundred fifty dollars
elsewhere. Said license shall run for a period of three years. In
addition to the license fees provided for in this subdivision, there
shall be paid to the authority with each initial application a filing
fee of two hundred dollars and with each renewal application a filing
fee of one hundred dollars.
16. A restaurant-brewer license issued under this section and a
supplemental license issued under this section shall run concurrently.
S 64-d. License to sell liquor on premises commonly known as a
cabaret. 1. Any person may make an application to the state liquor
authority to operate a cabaret.
2. Such application shall be in such form and shall contain such
information as shall be required by the liquor authority and shall be
accompanied by a check or draft in the amount required by this article
for such license.
3. Upon receipt of an original or a renewal application for a license
under this section, the applicant shall notify the clerk of the village,
town or city, as the case may be, by certified mail, return receipt
requested, wherein the prospective licensed premises is to be located
or, in the case of an application for renewal, where it is presently
located, not less than thirty days prior to the submission of its
application for a license under this section or for a renewal thereof.
For the purposes of the preceding sentence notification need only be
given to the clerk of a village when such premises is to be located
within the boundaries of the village. In the city of New York, the
community board established pursuant to section twenty-eight hundred of
the New York city charter with jurisdiction over the area in which such
licensed premises is to be located shall be considered the appropriate
public body to which notification shall be given. Such municipality or
community board, as the case may be, may express an opinion for or
against the granting of such license. Any such opinion shall be deemed
part of the record upon which the liquor authority makes its
determination to grant or deny such license.
4. Section fifty-four of this chapter shall control so far as
applicable the procedure in connection with such application.
5. Such cabaret license shall in form and in substance be a license to
the person specifically licensed to operate a cabaret and sell liquor at
retail to be consumed on the premises specifically licensed. Such
license shall also be deemed to include a license to sell wine and beer
at retail to be consumed under the same terms and conditions, without
the payment of any additional fee.
6. A license under this section shall be required of any licensee upon
whose premises musical entertainment, singing, dancing or other forms of
entertainment is permitted; provided, however, that this section shall
only apply to licensees whose premises have a capacity for the
assemblage of six hundred or more persons. Nothing contained in this
subdivision shall be construed as requiring a license under this section
by an establishment licensed under section sixty-four or paragraph (b)
of subdivision six of section sixty-four-a of this article.
7. The authority shall consider all of the following in determining
whether public convenience and advantage and the public interest will be
promoted by the granting of a license pursuant to this section:
(a) the number, classes and character of licenses in proximity to the
location and in the particular municipality or subdivision thereof;
(b) evidence that applicants have secured all necessary licenses and
permits from the state and all other governing bodies;
(c) the effect that the granting of the license will have on vehicular
traffic and parking in the proximity of the location;
(d) the existing noise level at the location and any increase in noise
level that would be generated by the proposed premises;
(e) the history of liquor violations and reported criminal activity at
the proposed premises; and
(f) any other factors specified by law or regulation that are relevant
to determine the public convenience or advantage and necessary to find
that the granting of such license shall be in the public interest.
8. No cabaret license shall be granted for any premises which shall
be:
(a) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship or
(b) in a city, town or village having a population of twenty thousand
or more within five hundred feet of an existing premises licensed and
operating pursuant to the provisions of this section, or within five
hundred feet of three or more existing premises licensed and operating
pursuant to sections sixty-four and sixty-four-c of this article.
The measurements in paragraphs (a) and (b) of this subdivision shall
be taken in accordance with the provisions of subdivision seven of
section sixty-four of this article.
9. On or within ninety days of the effective date of this section, any
person who holds a license under section sixty-four of this article to
sell beer, wine and liquor at retail for consumption on the premises and
who operates pursuant to the provisions of subdivision six of this
section shall file an application with the liquor authority to convert
such license into a license under this section. Such an application
shall be granted by the authority except for good cause shown. The
granting of such an application shall constitute conversion of said
license into a cabaret license subject to the provisions of this chapter
applicable to cabaret licenses issued under this section; provided,
however, that no licensee applying for such conversion shall be denied
on the grounds that such application fails to meet the requirements of
subdivision eight of this section.
10. All other provisions of this chapter relative to licenses to sell
liquor at retail for consumption on the premises shall apply as far as
applicable.
S 65. Prohibited sales. No person shall sell, deliver or give away or
cause or permit or procure to be sold, delivered or given away any
alcoholic beverages to
1. Any person, actually or apparently, under the age of twenty-one
years;
2. Any visibly intoxicated person;
3. Any habitual drunkard known to be such to the person authorized to
dispense any alcoholic beverages.
* 4. Neither such person so refusing to sell or deliver under this
section nor his employer shall be liable in any civil or criminal action
or for any fine or penalty based upon such refusal, except that such
sale or delivery shall not be refused, withheld from or denied to any
person on account of race, creed, color or national origin. In any
proceeding pursuant to subdivision one of this section, it shall be an
affirmative defense that such person had produced a photographic
identification card apparently issued by a governmental entity and that
the alcoholic beverage had been sold, delivered or given to such person
in reasonable reliance upon such identification. In evaluating the
applicability of such affirmative defense, the authority shall take into
consideration any written policy adopted and implemented by the seller
to carry out the provision of paragraph (b) of subdivision two of
section sixty-five-b of this article.
* NB Effective until January 1, 2004
* 4. Neither such person so refusing to sell or deliver under this
section nor his employer shall be liable in any civil or criminal action
or for any fine or penalty based upon such refusal, except that such
sale or delivery shall not be refused, withheld from or denied to any
person on account of race, creed, color or national origin. In any
proceeding pursuant to subdivision one of this section, it shall be an
affirmative defense that such person had produced a photographic
identification card apparently issued by a governmental entity and that
the alcoholic beverage had been sold, delivered or given to such person
in reasonable reliance upon such identification. In evaluating the
applicability of such affirmative defense, the authority shall take into
consideration any written policy adopted and implemented by the seller
to carry out the provision of paragraph (b) of subdivision one of
section sixty-five-b of this article.
* NB Effective January 1, 2004
5. The provisions of subdivision one of this section shall not apply
to a person who gives or causes to be given any such alcoholic beverage
to a person under the age of twenty-one years, who is a student in a
curriculum licensed or registered by the state education department and
is required to taste or imbibe alcoholic beverages in courses which are
part of the required curriculum, provided such alcoholic beverages are
used only for instructional purposes during classes conducted pursuant
to such curriculum.
6. In any proceeding pursuant to section one hundred eighteen of this
chapter to revoke, cancel or suspend a license to sell alcoholic
beverages at retail, in which proceeding it is alleged that a person
violated subdivision one of this section, it shall be an affirmative
defense that at the time of such violation such person who committed
such alleged violation held a valid certificate of completion or renewal
from an entity authorized to give and administer an alcohol training
awareness program pursuant to subdivision twelve of section seventeen of
this chapter. Such licensee shall have diligently implemented and
complied with all of the provisions of the approved training program. In
such proceeding to revoke, cancel or suspend a license pursuant to
section one hundred eighteen of this chapter, the licensee must prove
each element of such affirmative defense by a preponderance of the
credible evidence. Evidence of three unlawful sales of alcoholic
beverages by any employee of a licensee to persons under twenty-one
years of age, within a two year period, shall be considered by the
authority in determining whether the licensee had diligently implemented
such an approved program. Such affirmative defense shall not preclude
the recovery of the penal sum of a bond as provided in sections one
hundred twelve and one hundred eighteen of this chapter.
S 65-a. Procuring alcoholic beverages for persons under the age of
twenty-one years. Any person who misrepresents the age of a person
under the age of twenty-one years for the purpose of inducing the sale
of any alcoholic beverage, as defined in the alcoholic beverage control
law, to such person, is guilty of an offense and upon conviction thereof
shall be punished by a fine of not more than two hundred dollars, or by
imprisonment for not more than five days, or by both such fine and
imprisonment.
* S 65-b. Offense for one under age of twenty-one years to purchase or
attempt to purchase an alcoholic beverage through fraudulent means. 1.
As used in this section: (a) "A device capable of deciphering any
electronically readable format" or "device" shall mean any commercial
device or combination of devices used at a point of sale or entry that
is capable of reading the information encoded on the magnetic strip or
bar code of a driver`s license or non-driver identification card issued
by the commissioner of motor vehicles;
(b) "Card holder" means any person presenting a driver`s license or
non-driver identification card to a licensee, or to the agent or
employee of such licensee under this chapter; and
(c) "Transaction scan" means the process involving a device capable of
deciphering any electronically readable format by which a licensee, or
agent or employee of a licensee under this chapter reviews a driver`s
license or non-driver identification card presented as a precondition
for the purchase of an alcoholic beverage as required by subdivision two
of this section or as a precondition for admission to an establishment
licensed for the on-premises sale of alcoholic beverages where admission
is restricted to persons twenty-one years or older.
2. (a) No person under the age of twenty-one years shall present or
offer to any licensee under this chapter, or to the agent or employee of
such licensee, any written evidence of age which is false, fraudulent or
not actually his own, for the purpose of purchasing or attempting to
purchase any alcoholic beverage.
(b) No licensee, or agent or employee of such licensee shall accept as
written evidence of age by any such person for the purchase of any
alcoholic beverage, any documentation other than: (i) a valid driver`s
license or non-driver identification card issued by the commissioner of
motor vehicles, the federal government, any United States territory,
commonwealth or possession, the District of Columbia, a state government
within the United States or a provincial government of the dominion of
Canada, or (ii) a valid passport issued by the United States government
or any other country, or (iii) an identification card issued by the
armed forces of the United States. Upon the presentation of such
driver`s license or non-driver identification card issued by a
governmental entity, such licensee or agent or employee thereof may
perform a transaction scan as a precondition to the sale of any
alcoholic beverage. Nothing in this section shall prohibit a licensee or
agent or employee from performing such a transaction scan on any of the
other documents listed in this subdivision if such documents include a
bar code or magnetic strip that that may be scanned by a device capable
of deciphering any electronically readable format.
(c) In instances where the information deciphered by the transaction
scan fails to match the information printed on the driver`s license or
non-driver identification card presented by the card holder, or if the
transaction scan indicates that the information is false or fraudulent,
the attempted purchase of the alcoholic beverage shall be denied.
3. A person violating the provisions of paragraph (a) of subdivision
two of this section shall be guilty of a violation and shall be
sentenced in accordance with the following:
(a) For a first violation, the court shall order payment of a fine of
not more than one hundred dollars and/or an appropriate amount of
community service not to exceed thirty hours. In addition, the court may
order completion of an alcohol awareness program established pursuant to
section 19.25 of the mental hygiene law.
(b) For a second violation, the court shall order payment of a fine of
not less than fifty dollars nor more than three hundred fifty dollars
and/or an appropriate amount of community service not to exceed thirty
hours. The court also shall order completion of an alcohol awareness
program as referenced in paragraph (a) of this subdivision if such
program has not previously been completed by the offender, unless the
court determines that attendance at such program is not feasible due to
the lack of availability of such program within a reasonably close
proximity to the locality in which the offender resides or matriculates,
as appropriate.
(c) For third and subsequent violations, the court shall order payment
of a fine of not less than fifty dollars nor more than seven hundred
fifty dollars and/or an appropriate amount of community service not to
exceed thirty hours. The court also shall order that such person submit
to an evaluation by an appropriate agency certified or licensed by the
office of alcoholism and substance abuse services to determine whether
the person suffers from the disease of alcoholism or alcohol abuse,
unless the court determines that under the circumstances presented such
an evaluation is not necessary, in which case the court shall state on
the record the basis for such determination. Payment for such evaluation
shall be made by such person. If, based on such evaluation, a need for
treatment is indicated, such person may choose to participate in a
treatment plan developed by an agency certified or licensed by the
office of alcoholism and substance abuse services. If such person elects
to participate in recommended treatment, the court shall order that
payment of such fine and community service be suspended pending the
completion of such treatment.
(d) Evaluation procedures. For purposes of this subdivision, the
following shall apply:
(i) The contents of an evaluation pursuant to paragraph (c) of this
subdivision shall be used for the sole purpose of determining if such
person suffers from the disease of alcoholism or alcohol abuse.
(ii) The agency designated by the court to perform such evaluation
shall conduct the evaluation and return the results to the court within
thirty days, subject to any state or federal confidentiality law, rule
or regulation governing the confidentiality of alcohol and substance
abuse treatment records.
(iii) The office of alcoholism and substance abuse services shall make
available to each supreme court law library in this state, or, if no
supreme court law library is available in a certain county, to the
county court law library of such county, a list of agencies certified to
perform evaluations as required by subdivision (f) of section 19.07 of
the mental hygiene law.
(iv) All evaluations required under this subdivision shall be in
writing and the person so evaluated or his or her counsel shall receive
a copy of such evaluation prior to its use by the court.
(v) A minor evaluated under this subdivision shall have, and shall be
informed by the court of, the right to obtain a second opinion regarding
his or her need for alcoholism treatment.
4. A person violating the provisions of paragraph (b) of subdivision
two of this section shall be guilty of a violation punishable by a fine
of not more than one hundred dollars, and/or an appropriate amount of
community service not to exceed thirty hours. In addition, the court may
order completion of an alcohol training awareness program established
pursuant to subdivision twelve of section seventeen of this chapter
where such program is located within a reasonably close proximity to the
locality in which the offender is employed or resides.
5. No determination of guilt pursuant to this section shall operate as
a disqualification of any such person subsequently to hold public
office, public employment, or as a forfeiture of any right or privilege
or to receive any license granted by public authority; and no such
person shall be denominated a criminal by reason of such determination.
6. In addition to the penalties otherwise provided in subdivision
three of this section, if a determination is made sustaining a charge of
illegally purchasing or attempting to illegally purchase an alcoholic
beverage, the court may suspend such person`s license to drive a motor
vehicle and the privilege of an unlicensed person of obtaining such
license, in accordance with the following and for the following periods,
if it is found that a driver`s license was used for the purpose of such
illegal purchase or attempt to illegally purchase; provided, however,
that where a person is sentenced pursuant to paragraph (b) or (c) of
subdivision three of this section, the court shall impose such license
suspension if it is found that a driver`s license was used for the
purpose of such illegal purchase or attempt to illegally purchase:
(a) For a first violation of paragraph (a) of subdivision two of this
section, a three month suspension.
(b) For a second violation of paragraph (a) of subdivision two of this
section, a six month suspension.
(c) For a third or subsequent violation of paragraph (a) of
subdivision two of this section, a suspension for one year or until the
holder reaches the age of twenty-one, whichever is the greater period of
time.
Such person may thereafter apply for and be issued a restricted use
license in accordance with the provisions of section five hundred thirty
of the vehicle and traffic law.
7. (a) In any proceeding pursuant to subdivision one of section
sixty-five of this article, it shall be an affirmative defense that such
person had produced a driver`s license or non-driver identification card
apparently issued by a governmental entity, successfully completed the
transaction scan, and that the alcoholic beverage had been sold,
delivered or given to such person in reasonable reliance upon such
identification and transaction scan. In evaluating the applicability of
such affirmative defense, the liquor authority shall take into
consideration any written policy adopted and implemented by the seller
to carry out the provisions of this chapter. Use of a transaction scan
shall not excuse any licensee under this chapter, or agent or employee
of such licensee, from the exercise of reasonable diligence otherwise
required by this section. Notwithstanding the above provisions, any such
affirmative defense shall not be applicable in any other civil or
criminal proceeding, or in any other forum.
(b) A licensee or agent or employee of a licensee may electronically
or mechanically record and maintain only the information from a
transaction scan necessary to effectuate the purposes of this section.
Such information shall be limited to the following: (i) name, (ii) date
of birth, (iii) driver`s license or non-driver identification number,
and (iv) expiration date. The liquor authority and the state
commissioner of motor vehicles shall jointly promulgate any regulation
necessary to govern the recording and maintenance of these records by a
licensee under this chapter. The liquor authority and the commissioner
of health shall jointly promulgate any regulations necessary to ensure
quality control in the use of transaction scan devices.
8. A licensee or agent or employee of such licensee shall only use the
information recorded and maintained through the use of such devices for
the purposes contained in paragraph (a) of subdivision seven of this
section, and shall only use such devices for the purposes contained in
subdivision two of this section. No licensee or agent or employee of a
licensee shall resell or disseminate the information recorded during
such scan to any third person. Such prohibited resale or dissemination
includes, but is not limited to, any advertising, marketing or
promotional activities. Notwithstanding the restrictions imposed by this
subdivision, such records may be released pursuant to a court ordered
subpoena or pursuant to any other statute that specifically authorizes
the release of such information. Each violation of this subdivision
shall be punishable by a civil penalty of not more than one thousand
dollars.
* NB Repealed January 1, 2004
* S 65-b. Offense for one under age of twenty-one years to purchase or
attempt to purchase an alcoholic beverage through fraudulent means. 1.
(a) No person under the age of twenty-one years shall present or offer
to any licensee under this chapter, or to the agent or employee of such
licensee, any written evidence of age which is false, fraudulent or not
actually his own, for the purpose of purchasing or attempting to
purchase any alcoholic beverage.
(b) No licensee, or agent or employee of such licensee shall accept as
written evidence of age by any such person for the purchase of any
alcoholic beverage, any documentation other than: (i) a valid driver`s
license or non-driver identification card issued by the commissioner of
motor vehicles, the federal government, any United States territory,
commonwealth or possession, the District of Columbia, a state government
within the United States or a provincial government of the dominion of
Canada, or (ii) a valid passport issued by the United States government
or any other country, or (iii) an identification card issued by the
armed forces of the United States.
2. A person violating the provisions of paragraph (a) of subdivision
one of this section shall be guilty of a violation and shall be
sentenced in accordance with the following:
(a) For a first violation, the court shall order payment of a fine of
not more than one hundred dollars and/or an appropriate amount of
community service not to exceed thirty hours. In addition, the court may
order completion of an alcohol awareness program established pursuant to
section 19.25 of the mental hygiene law.
(b) For a second violation, the court shall order payment of a fine of
not less than fifty dollars nor more than three hundred fifty dollars
and/or an appropriate amount of community service not to exceed thirty
hours. The court also shall order completion of an alcohol awareness
program as referenced in paragraph (a) of this subdivision if such
program has not previously been completed by the offender, unless the
court determines that attendance at such program is not feasible due to
the lack of availability of such program within a reasonably close
proximity to the locality in which the offender resides or matriculates,
as appropriate.
(c) For third and subsequent violations, the court shall order payment
of a fine of not less than fifty dollars nor more than seven hundred
fifty dollars and/or an appropriate amount of community service not to
exceed thirty hours. The court also shall order that such person submit
to an evaluation by an appropriate agency certified or licensed by the
office of alcoholism and substance abuse services to determine whether
the person suffers from the disease of alcoholism or alcohol abuse,
unless the court determines that under the circumstances presented such
an evaluation is not necessary, in which case the court shall state on
the record the basis for such determination. Payment for such evaluation
shall be made by such person. If, based on such evaluation, a need for
treatment is indicated, such person may choose to participate in a
treatment plan developed by an agency certified or licensed by the
office of alcoholism and substance abuse services. If such person elects
to participate in recommended treatment, the court shall order that
payment of such fine and community service be suspended pending the
completion of such treatment.
(d) Evaluation procedures. For purposes of this subdivision, the
following shall apply:
(i) The contents of an evaluation pursuant to paragraph (c) of this
subdivision shall be used for the sole purpose of determining if such
person suffers from the disease of alcoholism or alcohol abuse.
(ii) The agency designated by the court to perform such evaluation
shall conduct the evaluation and return the results to the court within
thirty days, subject to any state or federal confidentiality law, rule
or regulation governing the confidentiality of alcohol and substance
abuse treatment records.
(iii) The office of alcoholism and substance abuse services shall make
available to each supreme court law library in this state, or, if no
supreme court law library is available in a certain county, to the
county court law library of such county, a list of agencies certified to
perform evaluations as required by subdivision (f) of section 19.07 of
the mental hygiene law.
(iv) All evaluations required under this subdivision shall be in
writing and the person so evaluated or his or her counsel shall receive
a copy of such evaluation prior to its use by the court.
(v) A minor evaluated under this subdivision shall have, and shall be
informed by the court of, the right to obtain a second opinion regarding
his or her need for alcoholism treatment.
3. A person violating the provisions of paragraph (b) of subdivision
one of this section shall be guilty of a violation punishable by a fine
of not more than one hundred dollars, and/or an appropriate amount of
community service not to exceed thirty hours. In addition, the court may
order completion of an alcohol training awareness program established
pursuant to subdivision twelve of section seventeen of this chapter
where such program is located within a reasonably close proximity to the
locality in which the offender is employed or resides.
4. No determination of guilt pursuant to this section shall operate as
a disqualification of any such person subsequently to hold public
office, public employment, or as a forfeiture of any right or privilege
or to receive any license granted by public authority; and no such
person shall be denominated a criminal by reason of such determination.
5. In addition to the penalties otherwise provided in subdivision two
of this section, if a determination is made sustaining a charge of
illegally purchasing or attempting to illegally purchase an alcoholic
beverage, the court may suspend such person`s license to drive a motor
vehicle and the privilege of an unlicensed person of obtaining such
license, in accordance with the following and for the following periods,
if it is found that a driver`s license was used for the purpose of such
illegal purchase or attempt to illegally purchase; provided, however,
that where a person is sentenced pursuant to paragraph (b) or (c) of
subdivision two of this section, the court shall impose such license
suspension if it is found that a driver`s license was used for the
purpose of such illegal purchase or attempt to illegally purchase:
(a) For a first violation of paragraph (a) of subdivision one of this
section, a three month suspension.
(b) For a second violation of paragraph (a) of subdivision one of this
section, a six month suspension.
(c) For a third or subsequent violation of paragraph (a) of
subdivision one of this section, a suspension for one year or until the
holder reaches the age of twenty-one, whichever is the greater period of
time.
Such person may thereafter apply for and be issued a restricted use
license in accordance with the provisions of section five hundred thirty
of the vehicle and traffic law.
* NB Effective January 1, 2004
S 65-c. Unlawful possession of an alcoholic beverage with the intent
to consume by persons under the age of twenty-one years. 1. Except as
hereinafter provided, no person under the age of twenty-one years shall
possess any alcoholic beverage, as defined in this chapter, with the
intent to consume such beverage.
2. A person under the age of twenty-one years may possess any
alcoholic beverage with intent to consume if the alcoholic beverage is
given:
(a) to a person who is a student in a curriculum licensed or
registered by the state education department and the student is required
to taste or imbibe alcoholic beverages in courses which are a part of
the required curriculum, provided such alcoholic beverages are used only
for instructional purposes during class conducted pursuant to such
curriculum; or
(b) to the person under twenty-one years of age by that person`s
parent or guardian.
3. Any person who unlawfully possesses an alcoholic beverage with
intent to consume may be summoned before and examined by a court having
jurisdiction of that charge; provided, however, that nothing contained
herein shall authorize, or be construed to authorize, a peace officer as
defined in subdivision thirty-three of section 1.20 of the criminal
procedure law or a police officer as defined in subdivision thirty-four
of section 1.20 of such law to arrest a person who unlawfully possesses
an alcoholic beverage with intent to consume. If a determination is made
sustaining such charge the court may impose a fine not exceeding fifty
dollars and/or completion of an alcohol awareness program established
pursuant to section 19.25 of the mental hygiene law and/or an
appropriate amount of community service not to exceed thirty hours.
4. No such determination shall operate as a disqualification of any
such person subsequently to hold public office, public employment, or as
a forfeiture of any right or privilege or to receive any license granted
by public authority; and no such person shall be denominated a criminal
by reason of such determination, nor shall such determination be deemed
a conviction.
5. Whenever a peace officer as defined in subdivision thirty-three of
section 1.20 of the criminal procedure law or police officer as defined
in subdivision thirty-four of section 1.20 of the criminal procedure law
shall observe a person under twenty-one years of age openly in
possession of an alcoholic beverage as defined in this chapter, with the
intent to consume such beverage in violation of this section, said
officer may seize the beverage, and shall deliver it to the custody of
his or her department.
6. Any alcoholic beverage seized in violation of this section is
hereby declared a nuisance. The official to whom the beverage has been
delivered shall, no earlier than three days following the return date
for initial appearance on the summons, dispose of or destroy the
alcoholic beverage seized or cause it to be disposed of or destroyed.
Any person claiming ownership of an alcoholic beverage seized under this
section may, on the initial return date of the summons or earlier on
five days notice to the official or department in possession of the
beverage, apply to the court for an order preventing the destruction or
disposal of the alcoholic beverage seized and ordering the return of
that beverage. The court may order the beverage returned if it is
determined that return of the beverage would be in the interest of
justice or that the beverage was improperly seized.
S 65-d. Posting of signs. 1. The authority shall prepare, have printed
and distribute across the state to all persons with a license to sell
alcoholic beverages for consumption on the premises or a license to sell
alcoholic beverages for consumption off the premises a sign or poster
with conspicuous lettering that states the following:
"No person shall sell or give away any alcoholic beverages to:
1. any person under the age of twenty-one years; or
2. any visibly intoxicated person.
IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF
TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE,
FRAUDULENT OR NOT ACTUALLY HIS OWN FOR THE PURPOSE OF ATTEMPTING TO
PURCHASE ANY ALCOHOLIC BEVERAGE".
Such sign or poster shall be captioned with the word "warning" in at
least two inch lettering.
2. All persons with a license to sell alcoholic beverages for
consumption on the premises or a license to sell alcoholic beverages for
consumption off the premises shall display, in an upright position and
in a conspicuous place, where it can be easily read by the clientele of
the establishment, the sign or poster upon receiving it from the
authority.
3. Any person with such license who violates the provisions of this
section shall be subject to a civil penalty, not to exceed one hundred
dollars for each day of violation.
S 66. License fees. 1. The annual fee for a distiller`s license, class
A, shall be twelve thousand dollars.
1-a. The annual fee for a distiller`s license, class A-1, shall be two
hundred fifty dollars.
2. The annual fee for a distiller`s license, class B, shall be eight
thousand dollars.
2-a. The annual fee for a distiller`s license, class C, shall be one
hundred twenty-eight dollars.
2-b. The annual fee for a distiller`s license, class B-1, shall be
three hundred twenty dollars.
3. The annual fee for a license to sell liquor at wholesale shall be
sixty-four hundred dollars.
4. The annual fee for a license, under section sixty-four or
sixty-four-a, to sell liquor at retail to be consumed on the premises
where sold shall be twenty-one hundred seventy-six dollars in the
counties of New York, Kings, Bronx and Queens; fifteen hundred
thirty-six dollars in the county of Richmond and in cities having a
population of more than one hundred thousand and less than one million;
twelve hundred sixteen dollars in cities having a population of more
than fifty thousand and less than one hundred thousand; and the sum of
eight hundred ninety-six dollars elsewhere; except that the license fees
for catering establishments shall be two-thirds the license fee
specified herein and for clubs, except luncheon clubs and golf clubs,
shall be seven hundred fifty dollars in counties of New York, Kings,
Bronx and Queens; five hundred dollars in the county of Richmond and in
cities having a population of more than one hundred thousand and less
than one million; three hundred fifty dollars in cities having a
population of more than fifty thousand and less than one hundred
thousand; and the sum of two hundred fifty dollars elsewhere. The annual
fees for luncheon clubs shall be three hundred seventy-five dollars, and
for golf clubs in the counties of New York, Kings, Bronx, Queens,
Nassau, Richmond and Westchester, two hundred fifty dollars, and
elsewhere one hundred eighty-seven dollars and fifty cents.
Notwithstanding any other provision of law to the contrary, there shall
be no annual fee for a license, under section sixty-four, to sell liquor
at retail to be consumed on the premises where the applicant is an
organization organized under section two hundred sixty of the military
law and incorporated pursuant to the not-for-profit corporation law.
Provided, however, that where any premises for which a license is issued
pursuant to section sixty-four or sixty-four-a of this article remain
open only within the period commencing April first and ending October
thirty-first of any one year, or only within the period commencing
October first and ending the following April thirtieth, the liquor
authority may, in its discretion, grant a summer or winter license
effective only for such appropriate period of time, for which a license
fee shall be paid to be pro-rated for the period for which such license
is effective, at the rate provided for in the city, town or village in
which such premises are located, except that no such license fee shall
be less than one-half of the regular annual license fee; provided
further that where the premises to be licensed are a race track or a
golf course or are licensed pursuant to section sixty-four or
sixty-four-a of this chapter, the period of such summer license may
commence March first and end November thirtieth.
Where a hotel, restaurant, club, golf course or race track is open
prior to April first and/or subsequent to October thirty-first by reason
of the issuance of a caterer`s permit or permits issued by the
authority, such fact alone shall not affect the eligibility of the
premises or the person owning or operating such hotel, restaurant, club,
golf course or race track for a summer license.
5. The annual fee for a license to sell liquor at retail not to be
consumed on the premises where sold shall be thirteen hundred sixty-six
dollars in the counties of New York, Kings, Bronx and Queens; eight
hundred fifty-four dollars in the county of Richmond and in cities
having a population of more than one hundred thousand and less than one
million; and elsewhere the sum of five hundred twelve dollars.
6. The annual fee for a license to sell liquor upon any railroad car
to be consumed on such car or any car connected therewith shall be one
hundred ninety-two dollars for each railroad car licensed.
7. The annual fee for a license to sell liquor upon any vessel in this
state to be consumed upon such vessel shall be sixteen hundred dollars
for each vessel licensed, provided, however, that where a vessel is
operated only within the period commencing April first and ending
October thirty-first of any one year, the liquor authority may, in its
discretion, grant for such vessel a summer license effective only for
such period of time, for which a license fee of four hundred forty-eight
dollars shall be paid.
8. The annual fee for a license to sell liquor upon an aircraft being
operated on regularly scheduled flights by a United States certificated
airline in this state shall be nineteen hundred twenty dollars per annum
for an airline company operating up to and including twenty such
aircraft and twenty-five hundred sixty dollars for such an airline
operating more than twenty such aircraft.
9. The annual fee for a license for a bottle club shall be the same as
the annual fee for a special license to sell liquor at retail to be
consumed on the premises, as set forth in subdivision four of this
section.
S 67. License fees, duration of licenses; fee for part of year.
Effective April first, nineteen hundred eighty-three, licenses issued
pursuant to sections sixty-one, sixty-two, sixty-three, sixty-four,
sixty-four-a and sixty-four-b of this article shall be effective for
three years at three times that annual fee, except that, in implementing
the purposes of this section, the liquor authority shall schedule the
commencement dates, duration and expiration dates thereof to provide for
an equal cycle of license renewals issued under each such section
through the course of the fiscal year. Effective December first,
nineteen hundred ninety-eight, licenses issued pursuant to sections
sixty-four, sixty-four-a and sixty-four-b of this article shall be
effective for two years at two times that annual fee, except that, in
implementing the purposes of this section, the liquor authority shall
schedule the commencement dates, duration and expiration dates thereof
to provide for an equal cycle of license renewals issued under each such
section through the course of the fiscal year. Notwithstanding the
foregoing, commencing on December first, nineteen hundred ninety-eight
and concluding on July thirty-first, two thousand two, a licensee issued
a license pursuant to section sixty-four, sixty-four-a or sixty-four-b
of this article may elect to remit the fee for such license in equal
annual installments. Such installments shall be due on dates established
by the liquor authority and the failure of a licensee to have remitted
such annual installments after a due date shall be a violation of this
chapter. For licenses issued for less than the three-year licensing
period, the license fee shall be levied on a pro-rated basis. The entire
license fee shall be due and payable at the time of application. The
liquor authority may make such rules as shall be appropriate to carry
out the purpose of this section.