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ARTICLE 8
GENERAL PROVISIONS
Section
100. Alcoholic beverages generally.
101. Manufacturers and wholesalers not to be interested in retail places.
101-a. Terms of sale for alcoholic beverages sold or delivered to persons licensed
to sell liquor and/or wine at retail for off-premises consumption.
101-aa. Terms of sale.
101-aaa Terms of sale; beer or wine products.
101-b. Unlawful discriminations prohibited; filing of schedules; schedule listing fund.
102. General prohibitions and restrictions.
103. Provisions governing manufacturers.
104. Provisions governing wholesalers.
104-a. Provisions governing vendors.
105. Provisions governing licensees to sell at retail for
consumption off the premises.
105-a. Sale of beer at retail on Sunday.
105-b. Posting of certain signs.
106. Provisions governing licensees to sell at retail for
consumption on the premises.
106-a. Notice of arrest and convictions.
106-b. Provisions for governing sports facilities operators
and retail licenses to sell at certain sporting
events for consumption on premises.
107. Advertising and forms of notices of the issuance of
licenses.
107-a. Labeling containers of alcoholic beverages.
108. Restrictions upon licensees.
109. Renewals of licenses and permits.
110. Information to be requested in applications for
licenses or permits.
110-a. Notice of application for certain licenses to be
published by applicant.
110-b. Notification to municipalities.
111. License to be confined to premises licensed.
112. Bonds of licensees and permittees.
113. Premises for which no license shall be granted.
114. Licenses, publication, general provisions.
114-a. License or permit issuance and registration approval.
115. Rules need not be uniform.
116. Deliveries of alcoholic beverages.
117. Transportation of alcoholic beverages.
117-a. Unlimited drink offerings prohibited.
117-b. Possession or use of alcohol vaporizing devices
prohibited.
118. Revocation of licenses for cause.
119. Procedure for revocation or cancellation.
120. Decisions by liquor authority.
120-a. Corporate change; hearing on application.
121. Review by courts.
122. Continuance of business by receiver or other
representative.
123. Injunction for unlawful manufacturing, sale or
consumption of liquor, wine or beer.
124. Liquor authority to be necessary party to certain
proceedings.
125. Disposition of moneys received for license fees.
126. Persons forbidden to traffic in alcoholic beverages.
127. Surrender and cancellation of licenses; payment of
refunds; notice to police officials.
127-a. Surrender and cancellation of permits; payment of
refunds; notice to police officials.
127-b. Payment of refunds on special permits and notice to
police officers.
127-c. Refunds on licenses and permits erroneously or
unlawfully cancelled, revoked or suspended.
127-d. Refunds on over-payment of fees; permit not issued.
128. Certain officials not to be interested in manufacture
or sale of alcoholic beverages.
128-a. Police officers allowed to work in licensed premises in
certain cases.
129. Surrender of license; notice to police officials.
130. Penalties for violations of chapter.
131. New York alcoholic beverage control problem premises
task force.
S 100. Alcoholic beverages generally. 1. No person shall manufacture
for sale or sell at wholesale or retail any alcoholic beverage within
the state without obtaining the appropriate license therefor required by
this chapter.
2. No manufacturer and no wholesaler shall sell, or agree to sell or
deliver in this state any alcoholic beverage for the purposes of resale
to any person who is not duly licensed pursuant to this chapter to sell
such beverages, at wholesale or retail, as the case may be, at the time
of such agreement and sale.
2-a. No retailer shall employ, or permit to be employed, or shall
suffer to work, on any premises licensed for retail sale hereunder, any
person under the age of eighteen years, as a hostess, waitress, waiter,
or in any other capacity where the duties of such person require or
permit such person to sell, dispense or handle alcoholic beverages;
except that: (1) any person under the age of eighteen years and employed
by any person holding a grocery or drug store beer license shall be
permitted to handle and deliver beer and wine products for such
licensee, (2) any person under the age of eighteen employed as a cashier
by a person holding a grocery or drug store beer license shall be
permitted to record and receive payment for beer and wine product sales
when in the presence of and under the direct supervision of a person
eighteen years of age or over, (2-a) any person under the age of
eighteen years and employed by a person holding a grocery store or drug
store beer license as either a cashier or in any other position to which
handling of containers which may have held alcoholic beverages is
necessary, shall be permitted to handle the containers if such have been
presented for redemption in accordance with the provisions of title ten
of article twenty-seven of the environmental conservation law, and (3)
any person under the age of eighteen years employed as a dishwasher,
busboy, or other such position as to which handling of containers which
may have held alcoholic beverages is necessary shall be permitted to do
so under the direct supervision of a person of legal age to purchase
alcoholic beverages in the state.
2-b. Subject to the provisions of section ninety-nine-f of this
chapter no retailer shall permit or suffer to appear as an entertainer,
on any premises licensed for retail sale hereunder, any person under the
age of eighteen years, except that a person under the age of eighteen
years may appear as such entertainer, provided that:
(a) the parents or lawful guardian of such person expressly consent in
writing to such appearance;
(b) the appearance is for a special function, occasion, or event;
(c) the appearance is approved by and made under the sponsorship of a
primary or secondary school;
(d) the appearance takes place in the presence and under the direct
supervision of a teacher of such school; and
(e) the appearance does not take place in a tavern. Failure to
restrain such a person from so appearing shall be deemed to constitute
permission.
3. Nothing contained in this chapter shall be construed to require
that any food be sold or purchased with or in order to obtain any
alcoholic beverage for consumption on the premises where sold.
4. Alcoholic beverages may be sold to be consumed on the premises at a
bar, counter or similar contrivance. Only one such bar, counter or
contrivance shall be permitted in any licensed premises, except that not
more than two additional bars, counters or contrivances may be permitted
by the liquor authority for good cause shown to it, and upon the payment
to it of a fee, for each additional bar, equivalent to the amount of the
annual license fee paid by the licensee and except that if the licensed
premises is a legitimate theatre or concert hall, or contiguous to and
used in conjunction with a legitimate theatre or concert hall,
additional bars, counters or contrivances may be permitted by the liquor
authority upon payment to it of an annual fee of one hundred dollars for
each such additional bar, counter or contrivance so permitted, in
addition to the annual license fee paid by such licensee and except that
if such licensed premises be located at a baseball park, race track, or
either outdoor or indoor athletic field, facility, arena or stadium,
additional bars, counters or contrivances where beer shall be sold at
retail for consumption on the premises maybe permitted by the liquor
authority, upon payment to it of the annual fee of thirty dollars for
each such additional bar, counter or contrivance so permitted, in
addition to the amount of the annual license fee paid by the licensee,
and except that temporary portable bars, counters or contrivances shall
be permitted in a ballroom, meeting room or private dining-room on the
licensed premises of a hotel, restaurant or club during such time as
said ballroom, meeting room or private dining-room is used for a private
dinner, entertainment, meeting or similar affair to which members of the
general public are not admitted.
4-a. At race meetings, authorized by the state racing commission,
notwithstanding any inconsistent provision of law, additional bars,
counters or contrivances where alcoholic beverages shall be sold at
retail for consumption on the premises may be permitted by the liquor
authority, upon payment to it of a fee equivalent to the amount of the
annual or summer license fee paid by the licensee for each such
additional bar, counter or contrivance so permitted in addition to the
amount of the annual or summer license fee paid by the licensee.
5. No retail licensee for off-premises consumption shall sell, deliver
or give away, or cause, permit or procure to be sold, delivered or given
away any alcoholic beverage, other than as provided herein, on credit: a
retail licensee for off-premises consumption, except a winery licensee,
may accept third party credit cards for the sale of any alcoholic
beverage for which it is licensed; a winery licensee having the right to
sell wine at retail for off-premises consumption may accept third party
credit cards for the sale of said beverages at the winery premises only;
and any person duly authorized to sell wine at retail for consumption
off the premises may sell on credit to any regularly organized church,
synagogue or religious organization, wines to be used for sacramental
purposes only. For purposes of this subdivision, beer and wine products
that are delivered and left at the residence of a consumer without
payment of the balance due thereon shall not constitute a sale on
credit.
6. No licensee shall sell or purchase any receipts, certificates,
contracts or other documents issued for the storage of alcoholic
beverages except as provided by the rules of the liquor authority. The
liquor authority shall prescribe such rules for the purchase and sale of
such receipts, certificates, contracts or other documents issued for the
storage of alcoholic beverages which, in its opinion, will best
accomplish
(1) Elimination of fraudulent and deceptive transactions;
(2) Protection of purchasers against defaults by sellers;
(3) The delivery of the alcoholic beverages represented by such
receipts or documents, and
(4) The payment of all taxes due thereon to the state.
7. Within ten days after filing a new application to sell liquor at
retail under section sixty-three, sixty-four, sixty-four-a or
sixty-four-b of this chapter, a notice thereof, in the form prescribed
by the authority, shall be posted by the applicant in a conspicuous
place at the entrance to the proposed premises. The applicant shall make
reasonable efforts to insure such notice shall remain posted throughout
the pendency of the application. The provisions hereof shall apply only
where no retail liquor license has previously been granted for the
proposed premise and shall, specifically, not be applicable to a
proposed sale of an existing business engaged in the retail sale of
liquor. The authority may adopt such rules it may deem necessary to
carry out the purpose of this subdivision.
S 101. Manufacturers and wholesalers not to be interested in retail places.
1. It shall be unlawful for a manufacturer or wholesaler
licensed under this chapter to
(a) Be interested directly or indirectly in any premises where any
alcoholic beverage is sold at retail; or in any business devoted wholly
or partially to the sale of any alcoholic beverage at retail by stock
ownership, interlocking directors, mortgage or lien or any personal or
real property, or by any other means. The provisions of this paragraph
shall not apply to (i) any such premises or business constituting the
overnight lodging and resort facility located wholly within the
boundaries of the town of North Elba, county of Essex, township eleven,
Richard`s survey, great lot numbers two hundred seventy-eight, two
hundred seventy-nine, two hundred eighty, two hundred ninety-eight, two
hundred ninety-nine, three hundred, three hundred eighteen, three
hundred nineteen, three hundred twenty, three hundred thirty-five and
three hundred thirty-six, and township twelve, Thorn`s survey, great lot
numbers one hundred six and one hundred thirteen, as shown on the
Adirondack map, compiled by the conservation department of the state of
New York - nineteen hundred sixty-four edition, in the Essex county
atlas at page twenty-seven in the Essex county clerk`s office,
Elizabethtown, New York, provided that such facility maintains not less
than two hundred fifty rooms and suites for overnight lodging, (ii) any
such premises or business constituting the overnight lodging and resort
facility located wholly within the boundaries of that tract or parcel of
land situate in the city of Canandaigua, county of Ontario, beginning at
a point in the northerly line of village lot nine where it meets with
South Main Street, thence south sixty-nine degrees fifty-four minutes
west a distance of nine hundred sixteen and twenty-three hundredths feet
to an iron pin; thence in the same course a distance of fourteen feet to
an iron pin; thence in the same course a distance of fourteen and
four-tenths feet to a point; thence south fifteen degrees thirty-eight
minutes and forty seconds east a distance of four hundred forty-six and
eighty-seven hundredths feet to a point; thence south twenty-eight
degrees thirty-seven minutes and fifty seconds east a distance of one
hundred thirteen and eighty-four hundredths feet to a point; thence
south eighty-five degrees and forty-seven minutes east a distance of
forty-seven and sixty-one hundredths feet to an iron pin; thence on the
same course a distance of three hundred and sixty-five feet to an iron
pin; thence north seventeen degrees twenty-one minutes and ten seconds
east a distance of four hundred fifty-seven and thirty-two hundredths
feet to an iron pin; thence north nineteen degrees and thirty minutes
west a distance of two hundred and forty-eight feet to a point; thence
north sixty-nine degrees and fifty-four minutes east a distance of two
hundred eighty-four and twenty-six hundredths feet to a point; thence
north nineteen degrees and thirty minutes west a distance of sixty feet
to the point and place of beginning, provided that such facility
maintains not less than one hundred twenty rooms and suites for
overnight lodging, (iii) any such premises or business constituting the
overnight lodging facility located wholly within the boundaries of that
tract or parcel of land situated in the borough of Manhattan, city and
county of New York, beginning at a point on the northerly side of west
fifty-fourth street at a point one hundred feet easterly from the
intersection of the said northerly side of west fifty-fourth street and
the easterly side of seventh avenue; running thence northerly and
parallel with the easterly side of seventh avenue one hundred feet five
inches to the center line of the block; running thence easterly and
parallel with the northerly side of west fifty-fourth street and along
the center line of the block fifty feet to a point; running thence
northerly and parallel with the easterly side of seventh avenue one
hundred feet five inches to the southerly side of west fifty-fifth
street at a point distant one hundred fifty feet easterly from the
intersection of the said southerly side of west fifty-fifth street and
the easterly side of seventh avenue; running thence easterly along the
southerly side of west fifty-fifth street thirty-one feet three inches
to a point; running thence southerly and parallel with the easterly side
of the seventh avenue one hundred feet five inches to the center line of
the block; running thence easterly along the center line of the block
and parallel with the southerly side of west fifty-fifth street, one
hundred feet; running thence northerly and parallel with the easterly
side of seventh avenue one hundred feet five inches to the southerly
side of west fifty-fifth street; running thence easterly along the
southerly side of west fifty-fifth street twenty-one feet ten and
one-half inches to a point; running thence southerly and parallel with
the easterly side of seventh avenue one hundred feet five inches to the
center line of the block; running thence westerly along the center line
of the block and parallel with the northerly side of west fifty-fourth
street three feet one and one-half inches; running thence southerly and
parallel with the easterly side of seventh avenue one hundred feet five
inches to the northerly side of west fifty-fourth street at a point
distant three hundred feet easterly from the intersection of the said
northerly side of west fifty-fourth street and the easterly side of
seventh avenue; running thence westerly and along the northerly side of
west fifty-fourth street two hundred feet to the point or place of
beginning, provided that such facility maintains not less than four
hundred guest rooms and suites for overnight lodging, (iv) any such
premises or business located on that tract or parcel of land, or any
subdivision thereof, situate in the Village of Lake Placid, Town of
North Elba, Essex County, New York; it being also a part of Lot No.
279, Township No. 11, Old Military Tract, Richard`s Survey; it being
also all of Lot No. 23 and part of Lot No. 22 as shown and designated on
a certain map entitled "Map of Building Sites for Sale by B.R. Brewster"
made by G.T. Chellis C.E. in 1892; also being PARCEL No. 1 on a certain
map of lands of Robert J. Mahoney and wife made by G.C. Sylvester, P.E.
& L.S. # 21300, dated August 4, 1964, and filed in the Essex County
Clerk`s Office on August 27, 1964, and more particularly bounded and
described as follows; BEGINNING at the intersection of the northerly
bounds of Shore Drive (formerly Mirror Street) with the westerly bounds
of Park Place (formerly Rider Street) which point is also the northeast
corner of Lot No. 23, from thence South 21 50` East in the westerly
bounds of Park Place a distance of 119 feet, more or less, to a lead
plug in the edge of the sidewalk marking the southeast corner of Lot No.
23 and the northeast corner of Lot No. 24; from thence South 68 00`50"
West a distance of 50.05 feet to an iron pipe set in concrete at the
corner of Lots 23 and 22; from thence South 65 10`50" West a distance of
7.94 feet along the south line of Lot No. 22 to an iron pipe for a
corner; from thence North 23 21`40" West and at 17.84 feet along said
line passing over a drill hole in a concrete sidewalk, and at 68.04 feet
further along said line passing over an iron pipe at the southerly edge
of another sidewalk, and at 1.22 feet further along said line passing
over another drill hole in a sidewalk, a total distance of 119 feet,
more or less, to the northerly line of Lot. No. 22; from thence easterly
in the northerly line of Lot 22 and 23 to the northeast corner of Lot
No. 23 and the point of beginning. Also including the lands to the
center of Shore Drive included between the northerly straight line
continuation of the side lines of the above described parcel, and to the
center of Park Place, where they abut the above described premises
SUBJECT to the use thereof for street purposes. Being the same premises
conveyed by Morestuff, Inc. to Madeline Sellers by deed dated June 30,
1992, recorded in the Essex County Clerk`s Office on July 10, 1992 in
Book 1017 of Deeds at Page 318; (v) any such premises or business
located on that certain piece or parcel of land, or any subdivision
thereof, situate, lying and being in the Town of Plattsburgh, County of
Clinton, State of New York and being more particularly bounded and
described as follows: Starting at an iron pipe found in the easterly
bounds of the highway known as the Old Military Turnpike, said iron pipe
being located 910.39 feet southeasterly, as measured along the easterly
bounds of said highway, from the southerly bounds of the roadway known
as Industrial Parkway West, THENCE running S 31 54` 33" E along the
easterly bounds of said Old Military Turnpike Extension, 239.88 feet to
a point marking the beginning of a curve concave to the west; thence
southerly along said curve, having a radius of 987.99 feet, 248.12 feet
to an iron pipe found marking the point of beginning for the parcel
herein being described, said point also marked the southerly corner of
lands of Larry Garrow, et al, as described in Book 938 of Deeds at page
224; thence N 07 45` 4" E along the easterly bounds of said Garrow,
748.16 feet to a 3"x4" concrete monument marking the northeasterly
corner of said Garrow, the northwesterly corner of the parcel herein
being described and said monument also marking the southerly bounds of
lands of Salerno Plastic Corp. as described in Book 926 of Deeds at Page
186; thence S 81 45` 28" E along a portion of the southerly bounds of
said Salerno Plastic Corp., 441.32 feet to an iron pin found marking the
northeasterly corner of the parcel herein being described and also
marking the northwest corner of the remaining lands now or formerly
owned by said Marx and Delaura; thence S 07 45` 40" W along the
Westerly bounds of lands now of formerly of said Marx and DeLaura and
along the easterly bounds of the parcel herein being described, 560.49
feet to an iron pin; thence N 83 43` 21" W along a portion of the
remaining lands of said Marx and DeLaura, 41.51 feet to an iron pin;
thence S 08 31` 30" W, along a portion of the remaining lands of said
Marx and Delaura, 75.01 feet to an iron pin marking northeasterly corner
of lands currently owned by the Joint Council for Economic Opportunity
of Plattsburgh and Clinton County, Inc. as described in Book 963 of
Deeds at Page 313; thence N 82 20` 32" W along a portion of the
northerly bounds of said J.C.E.O., 173.50 feet to an iron pin; thence
61 21` 12" W, continuing along a portion of the northerly bounds of
said J.C.E.O., 134.14 feet to an iron pin; thence S 07 45` 42" W along
the westerly bounds of said J.C.E.O., 50 feet to an iron pin; thence S
66 48` 56" W along a portion of the northerly bounds of remaining lands
of said Marx and DeLaura, 100.00 feet to an iron pipe found on the
easterly bounds of the aforesaid highway, said from pipe also being
located on a curve concave to the west; thence running and running
northerly along the easterly bounds of the aforesaid highway and being
along said curve, with the curve having a radius of 987.93 feet, 60.00
feet to the point of beginning and containing 6.905 acres of land. Being
the same premises as conveyed to Ronald Marx and Alice Marx by deed of
CIT Small Business Lending Corp., as agent of the administrator, U.S.
Small Business Administration, an agency of the United States Government
dated September 10, 2001 and recorded in the office of the Clinton
County Clerk on September 21, 2001 as Instrument #135020; or (vi) any
such premises or business located on the west side of New York state
route 414 in military lots 64 and 75 located wholly within the
boundaries of that tract or parcel of land situated in the town of Lodi,
county of Seneca beginning at an iron pin on the assumed west line of
New York State Route 414 on the apparent north line of lands reputedly
of White (lib. 420, page 155); said iron pin also being northerly a
distance of 1200 feet more or less from the centerline of South Miller
Road; Thence leaving the point of beginning north 85-17`-44" west along
said lands of White a distance of 2915.90 feet to an iron pin Thence
north 03-52`-48" east along said lands of White, passing through an iron
pin 338.36 feet distant, and continuing further along that same course a
distance of 13.64 feet farther, the total distance being 352.00 feet to
a point in the assumed centerline of Nellie Neal Creek; Thence in
generally a north westerly direction the following courses and distances
along the assumed centerline of Nellie Neal Creek; north 69-25`-11" west
a distance of 189.56 feet to a point; north 63-40`-00" west a distance
of 156.00 feet to a point; north 49-25`-00" west a distance of 80.00
feet to a point; south 80-21`-00" west a distance of 90.00 feet to a
point; north 72-03`-00" west a distance of 566.00 feet to a point; north
68-15`-00" west a distance of 506.00 feet to a point; north 55-16`-00"
west a distance of 135.00 feet to a point; south 69-18`-00" west a
distance of 200.00 feet to a point; south 88-00`-00" west a distance of
170.00 feet to a point on a tie line at or near the high water line of
Seneca Lake; Thence north 25-17`-00" east along said tie line a distance
of 238.00 feet to an iron pipe; Thence south 82-04`-15" east along lands
reputedly of M. Wagner (lib. 464, page 133) a distance of 100.00 feet to
an iron pin; Thence north 06-56`-47" east along said lands of M. Wagner
a distance of 100.00 feet to an iron pipe; Thence north 09-34`-28" east
along lands reputedly of Schneider (lib. 429, page 37) a distance of
50.10 feet to an iron pipe; Thence north 07-49`-11" east along lands
reputedly of Oney (lib. 484, page 24) a distance of 50.00 feet to an
iron pipe; Thence north 82-29`-40" west along said lands of Oney a
distance of 95.30 feet to an iron pipe on a tie line at or near the
highwater line of Seneca Lake; Thence north 08-15`-22" east along said
tie line a distance of 25.00 feet to an iron pin; Thence south
82-28`-00" east along lands reputedly of Yu (lib. 405, page 420) a
distance of 96.53 feet to an iron pipe; Thence north 34-36`-59" east
along said lands of Yu a distance of 95.00 feet to a point in the
assumed centerline of Van Liew Creek; Thence in generally an easterly
direction the following courses and distances along the assumed
centerline of Van Liew Creek; north 72-46`-37" east a distance of 159.98
feet to a point; north 87-53`-00" east a distance of 94.00 feet to a
point; south 71-12`-00" east a distance of 52.00 feet to a point; south
84-10`-00" east a distance of 158.00 feet to a point; south 59-51`-00"
east a distance of 160.00 feet to a point; south 83-29`-00" east a
distance of 187.00 feet to a point; Thence north 01-33`-40" east along
lands reputedly of Hansen (lib. 515, page 205) passing through an iron
pipe 32.62 feet distant, and continuing further along that same course
passing through an iron pin 205.38 feet farther, and continuing still
further along that same course a distance of 21.45 feet farther, the
total distance being 259.45 feet to the assumed remains of a White Oak
stump; Thence north 69-16`-11" east along lands reputedly of Schwartz
(lib. 374, page 733) being tie lines along the top of the south bank of
Campbell Creek a distance of 338.00 feet to a point; Thence south
57-17`32" east along said tie line a distance of 136.60 feet to a point;
Thence south 74-45`-00" east along said tie line a distance of 100.00
feet to an iron pin; Thence north 04-46`-00" east along said lands of
Schwartz a distance of 100.00 feet to a point in the assumed centerline
of Campbell Creek; Thence in generally an easterly direction the
following courses and distances along the assumed centerline of Campbell
Creek; south 71-34`-00" east a distance of 330.00 feet to a point; north
76-53`-00" east a distance of 180.00 feet to a point; north 83-05`00"
east a distance of 230.00 feet to a point; south 66-44`-00" east a
distance of 90.00 feet to a point; south 81-10`-00" east a distance of
240.00 feet to a point; south 45-29`-15" east a distance of 73.18 feet
to a point; Thence south 05-25`-50" west along lands reputedly of
Stanley Wagner (lib. 450, page 276) a distance of 135.00 feet to a point
on the assumed north line of Military Lot 75; Thence south 84-34`-10"
east along said lands of Wagner and the assumed north line of Military
Lot 75 a distance of 1195.06 feet to an iron pin; Thence south O6-57`52"
west along said lands of M. Wagner (lib. 414, page 267) passing through
an iron pin 215.58 feet distant, and continuing further along that same
course a distance of 20.59 feet farther, the total distance being 236.17
feet to a point in the assumed centerline of Campbell Creek; Thence in
generally a south easterly direction the following course and distances
along the assumed centerline of Campbell Creek; north 78-23`-09" east a
distance of 29.99 feet to a point; south 46-09`-15" east a distance of
65.24 feet to a point; north 85-55`-09" east a distance of 60.10 feet to
a point; south 61-59`-50" east a distance of 206.91 feet to a point;
north 63-58`-27" east a distance of 43.12 feet to a point; south
28-51`-21" east a distance of 47.72 feet to a point; south 15-14`-08"
west a distance of 33.42 feet to a point; south 79-16`-32" east a
distance of 255.15 feet to a point; south 62-19`-46" east a distance of
75.82 feet to a point; north 76-10`-42" east a distance of 99.60 feet to
a point; north 82-12`55" east a distance of 86.00 feet to a point; south
44-13`53" east a distance of 64.08 feet to a point; north 67-52`-46"
east a distance of 73.98 feet to a point; north 88-13`-13" east a
distance of 34.64 feet to a point on the assumed west line of New York
State Route 414; Thence south 20-13`-30" east along the assumed west
line of New York State Route 414 a distance of 248.04 feet to a concrete
monument; Thence south 02-10`-30" west along said road line a distance
of 322.90 feet to an iron pin; Thence 13-14`-50" west along said road
line a distance of 487.41 feet to an iron pin, said iron pin being the
point and place of beginning;
Comprising an area of 126.807 acres of land according to a survey
completed by Michael D. Karlsen entitled "Plan Owned by Stanley A.
Wagner" known as Parcel A of Job number 98-505.
This survey is subject to all utility easements and easements and
right-of-ways of record which may affect the parcel of land.
This survey is also subject to the rights of the public in and to
lands herein referred to as New York State Route 414.
This survey intends to describe a portion of the premises as conveyed
by Ruth V. Wagner to Stanley A. Wagner by deed recorded February 10,
1989 in Liber 450 of deeds, at Page 286.
This survey also intends to describe a portion of the premises as
conveyed by Stanley W. VanVleet to Stanley A. Wagner by deed recorded
April 30, 1980 in Liber 385 of Deeds, at Page 203.
ALSO ALL THAT OTHER TRACT OR PARCEL OF LAND SITUATE on the east side of
New York State Route 414 in Military Lot 75 in the Town of Lodi, County
of Seneca, State of New York bounded and described as follows:
Beginning at an iron pin on the assumed east line of New York State
Route 414, said iron pin being north 50-44`-57" east a distance of
274.92 feet from the south east corner of the parcel of land herein
above described; Thence leaving the point of beginning north 00-26`01"
east along a mathematical tie line a distance of 504.91 feet to an iron
pin; Thence south 37-00`-20" east along lands reputedly of Tomberelli
(lib. 419, page 243) passing through an iron pin 176.00 feet distant,
and continuing further along that same course a distance of 2.01 feet
farther, the total distance being 178.01 feet to a point; Thence south
09-03`-55" west along lands reputedly of M. Wagner (lib. 491, page 181)
a distance of 68.19 feet to an iron pipe; Thence south 15-36`-04" west
along said lands of M. Wagner a distance of 300.15 feet to an iron pipe;
Thence south 72-04`-59" west along said lands of M. Wagner a distance of
20.49 feet to an iron pin, said iron pin being the point and place of
beginning.
Comprising an area of 0.727 acre of lands according to a survey
completed by Michael D. Karlsen entitled "Plan of Land Owned by Stanley
A. Wagner" known as Parcel B of job number 98-505.
This survey is subject to all utility easements and easements and
right-of-ways of record which may affect this parcel of land.
This survey is also subject to the rights of the public in and to
lands herein referred to as New York State Route 414.
This survey intends to describe the same premises as conveyed by Henry
W. Eighmey as executor of the Last Will and Testament of Mary C. Eighmey
to Stanley A. Wagner by deed recorded July 2, 1996 in liber 542, page
92.
This survey also intends to describe a portion of the premises as
conveyed by Ruth V. Wagner to Stanley A. Wagner by deed recorded
February 10, 1989 in Liber 450 of deeds, at Page 286. The provisions of
this paragraph shall not apply to any premises or business located
wholly within the following described parcel: ALL THAT TRACT OR PARCEL
OF LAND situate in the City of Corning, County of Steuben and State of
New York bounded and described as follows: Beginning at an iron pin
situate at the terminus of the westerly line of Townley Avenue at its
intersection with the southwesterly line of New York State Route 17;
thence S 00 45` 18" E along the westerly line of Townley Avenue, a
distance of 256.09 feet to a point; thence S 89 02` 07" W through an
iron pin placed at a distance of 200.00 feet, a total distance of 300.00
feet to an iron pin; thence N 00 59` 17" W a distance of 47.13 feet to
an iron pin; thence S 89 02` 07" W a distance of 114.56 feet to a point
situate in the southeast corner of Parcel A-2 as set forth on a survey
map hereinafter described; thence N 14 18` 49" E a distance of 124.40
feet to an iron pin situate at the southeast corner of lands now or
formerly of Cicci (Liber 923, Page 771); thence N 14 18` 49" E a
distance of 76.46 feet to an iron pin; thence N 00 57` 53" W a distance
of 26.25 feet to an iron pin marking the southeast corner of parcel A-1
as set forth on the hereinafter described survey map; thence N 00 58`
01" W a distance of 166.00 to an iron pin situate at the northeast
corner of said Parcel A-1, which pin also marks the southeast corner of
lands now or formerly of Becraft (Liber 1048, Page 1086); thence N 00
57` 53" W a distance of 106.00 feet to an iron pin situate in the
southerly line of lands now or formerly of the United States Postal
Service; thence N 89 02` 07" E along the southerly line of said United
States Postal Service a distance of 81.47 feet to a point; thence N 14
18` 49" E along the easterly line of said United States Postal Service a
distance of 114.29 feet to an iron pin situate in the southwesterly line
of New York State Route 17; thence S 32 00` 31" E along the
southwesterly line of New York State Route 17, a distance of 358.93 feet
to an iron pin; thence continuing along the southwesterly line of New
York state Route 17, S 38 30` 04" E a distance of 108.18 feet to the
iron pin marking the place of beginning. Said premises are set forth
and shown as approximately 4.026 acres of land designated as Parcel A
(excluding Parcels A-1 and A-2) on a survey map entitled "As-Built
Survey of Lands of New York Inn, LLC, City of Corning, Steuben County,
New York" by Weiler Associates, dated December 27, 2001, designated Job
No. 12462. The provisions of this paragraph shall not apply to any
premises licensed under section sixty-four of this chapter in which a
manufacturer or wholesaler holds a direct or indirect interest, provided
that: (I) said premises consist of an interactive entertainment facility
which predominantly offers interactive computer and video entertainment
attractions, and other games and also offers themed merchandise and food
and beverages, (II) the sale of alcoholic beverages within the premises
shall be restricted to an area consisting of not more than twenty-five
percent of the total interior floor area of the premises, (III) the
retail licenses shall derive not less than sixty-five percent of the
total revenue generated by the facility from interactive video
entertainment activities and other games, including related attractions
and sales of merchandise other than food and alcoholic beverages, (IV)
the interested manufacturer or wholesaler, or its parent company, shall
be listed on a national securities exchange and its direct or indirect
equity interest in the retail licensee shall not exceed twenty-five
percent, (V) no more than fifteen percent of said licensee`s purchases
of alcoholic beverages for sale in the premises shall be products
produced or distributed by the manufacturer or wholesaler, (VI) neither
the name of the manufacturer or wholesaler nor the name of any brand of
alcoholic beverage produced or distributed by said manufacturer or
wholesaler shall be part of the name of the premises, (VII) the name of
the manufacturer or wholesaler or the name of products sold or
distributed by such manufacturer or wholesaler shall not be identified
on signage affixed to either the interior or the exterior of the
premises in any fashion, (VIII) promotions involving alcoholic beverages
produced or distributed by the manufacturer or wholesaler are not held
in such premises and further, retail and consumer advertising
specialties bearing the name of the manufacturer or wholesaler or the
name of alcoholic beverages produced or distributed by the manufacturer
or wholesaler are not utilized in any fashion, given away or sold in
said premises, and (IX) except to the extent provided in this paragraph,
the licensing of each premises covered by this exception is subject to
all provisions of section sixty-four of this chapter, including but not
limited to liquor authority approval of the specific location thereof.
The provisions of this paragraph shall not prohibit (1) a manufacturer
or wholesaler, if an individual, or a partner, of a partnership, or, if
a corporation, an officer or director thereof, from being an officer or
director of a duly licensed charitable organization which is the holder
of a license for on-premises consumption under this chapter, nor (2) a
manufacturer from acquiring any such premises if the liquor authority
first consents thereto after determining, upon such proofs as it shall
deem sufficient, that such premises is contiguous to the licensed
premises of such manufacturer, and is reasonably necessary for the
expansion of the facilities of such manufacturer. After any such
acquisition, it shall be illegal for a manufacturer acquiring any such
premises to sell or deliver alcoholic beverages manufactured by him to
any licensee occupying such premises.
(b) Make, or cause to be made, any loan to any person engaged in the
manufacture or sale of any alcoholic beverage at wholesale or retail.
(c) Make any gift or render any service of any kind whatsoever,
directly or indirectly, to any person licensed under this chapter which
in the judgment of the liquor authority may tend to influence such
licensee to purchase the product of such manufacturer or wholesaler.
The provisions of this paragraph shall not be construed to prevent a
manufacturer or wholesaler from entertaining a licensee at lunch or
dinner.
(d) Enter into any contract with any retail licensee whereby such
licensee agrees to confine his sales to alcoholic beverages manufactured
or sold by one or more such manufacturers or wholesalers. Any such
contract shall be void and subject the licenses of all parties concerned
to revocation.
(e) The prohibitions and restrictions contained in paragraphs b, c and
d above shall not apply to any contractual arrangements between a
licensed manufacturer or wholesaler and a licensed retailer where such
manufacturer or wholesaler has made a substantial investment, directly
or through such retailer, in the construction, capitalization or
furnishing of any exhibit, facility or installation in the area leased
by the city of New York to New York World`s Fair 1964-1965 Corporation,
pursuant to chapter four hundred twenty-eight of the laws of nineteen
hundred sixty, as amended, and such retailer is conducting his business
as a part of such exhibit or installation or is responsible to such
corporation for the construction, operation or maintenance of such
exhibit, facility or installation. This modification to the prohibitions
and restrictions contained in this paragraph shall continue until
November first, nineteen hundred sixty-five.
2. Any lien, mortgage, or other interest or estate however, now held
by a manufacturer or wholesaler on the real property of any licensee,
which lien, mortgage, interest or estate was acquired on or before
December thirty-first, nineteen hundred and thirty-two, shall not be
included within the provisions of this section but the burden of
establishing the time of the accrual of the interest comprehended by
this subdivision shall be upon the person who claims to be entitled to
the protection and exemption afforded hereby.
3. Any interest or estate mentioned in this section held by a
manufacturer or wholesaler in an office building located in a city
having a population of five hundred thousand or more and in which is
located the licensed premises of such manufacturer or wholesaler shall
not prohibit (1) the issuance of licenses pursuant to section sixty-four
of this chapter for restaurant premises located in such building or (2)
said manufacturer or wholesaler from being interested directly or
indirectly in such restaurant premises, provided the building is not
less than five stories in height, both the building and the interior of
the restaurant premise have been granted landmark status in accordance
with applicable state or local law and space within the building is also
occupied by persons other than the manufacturer or wholesaler, and that
the rental for the retail premises applied for shall be comparable to
that for similar space in such building and similar buildings in the
immediate neighborhood; and provided further that the provisions of this
paragraph shall apply solely with respect to restaurant premises in a
building located on a parcel of land wholly within the boundaries of the
borough of Manhattan, city and county of New York, and bounded and
described as follows: beginning at a corner formed by the intersection
of the northerly side of East Fifty-second Street and the easterly side
of Park Avenue; running northerly along the easterly side of Park
Avenue, two hundred feet ten inches; thence easterly along the southerly
side of East Fifty-third Street; three hundred two feet; thence
southerly parallel with the easterly side of Park Avenue, one hundred
feet five inches to the center line of the block; thence westerly along
the center line of the block at right angles, seven feet; thence
southerly parallel with the easterly side of Park Avenue, one hundred
feet five inches to the northerly side of East Fifty-second Street; and
thence westerly along the northerly side of East Fifty-second Street two
hundred ninety-five feet to the corner of the point or place of
beginning. The exemption herein provided shall apply to only one
building and shall not be extended to any other building in which such
manufacturer or wholesaler shall have any interest or estate.
S 101-a. Terms of sale for alcoholic beverages sold or delivered to
persons licensed to sell liquor and/or wine at retail for off-premises
consumption. 1. The provisions of this section shall apply throughout
the state, but shall apply to the sale and delivery of liquor and/or
wine to persons licensed to sell liquor and/or wine at retail for
off-premises consumption, and whenever the term "retail licensee" is
used in this section, it shall mean and refer only to a person licensed
to sell liquor and/or wine at retail for off-premises consumption.
2. No manufacturer or wholesaler licensed under this chapter shall
sell or offer to sell or deliver any liquor or wine to any retail
licensee except for cash to be paid at the time of delivery or on terms
requiring payment by such retail licensee for such liquor or wine on or
before the tenth day of the month following the month in which actual
delivery is made.
3. Each such manufacturer and wholesaler is hereby required on or
before the twelfth day of each month to give written notice of default,
by registered or certified mail, to all retail licensees who have failed
to make payment to him on or before the tenth day of such month for
liquor or wine sold and delivered to such retail licensees during the
previous month. Any such retail licensee receiving such notice shall not
thereafter purchase liquor and/or wine except for cash until such time
as it is determined that the name of such retail licensee shall not be
published on the delinquent list as provided in subdivision four of this
section or until such time as the name of such retail licensee is
removed or released in writing from the delinquent list as hereinafter
provided in subdivision five of this section. Each such manufacturer and
wholesaler is hereby required to file with the state liquor authority on
or before the fifteenth day of each month, a written list setting forth
the names and addresses of all retail licensees who have purchased
liquor or wine from him and have failed on or before the tenth day of
such month to pay for such liquor or wine delivered during the previous
month, and each such manufacturer and wholesaler shall also file with
the authority copies of the notices sent by him to such licensees as
hereinabove required. The liquor authority, in its discretion, for good
cause shown may extend for a period not exceeding three days the time of
giving of written notice of default to retailers and extend for three
days the filing with the liquor authority of the written list of
defaults and copies of notices sent to licensees as heretofore required.
The authority shall, as soon as practicable after the fifteenth day of
each month, compile, publish and furnish to each manufacturer and
wholesaler a list, to be designated "the delinquent list," of all retail
licensees whose names and addresses have been reported by manufacturers
and wholesalers as having failed to make payment as required by this
section for liquor or wine sold and delivered to them, and no
manufacturer or wholesaler, after the receipt of the delinquent list,
shall knowingly, wilfully or intentionally sell any liquor or wine to
any retail licensee whose name appears on such list, except for cash
until such time as the name of such retail licensee is removed from such
delinquent list, except as hereinafter stated. The receipt of the
delinquent list by a manufacturer or wholesaler shall constitute
knowledge of the names of the retail licensees who have failed to make
payment for liquor or wine as required by this section. The failure of
any manufacturer or wholesaler to comply with the foregoing provisions
of this section shall subject the license of such manufacturer or
wholesaler to suspension of not more than five days for the first
offense and not more than thirty days for a subsequent offense.
4. In the event that any dispute shall exist between any manufacturer
or wholesaler and the retail licensee to whom he shall have sold liquor
or wine, either as to the fact of payment or as to the amount due for
such liquor or wine or as to quantity of the liquor or wine sold and
delivered, which dispute cannot be adjusted between the seller and
purchaser, the authority is hereby authorized to receive statements from
each of the parties to such dispute as to the facts and circumstances of
such dispute and the reasons why the purchaser`s name should not be
published on the delinquent list and to determine whether or not such
purchaser`s name shall be published on such list.
5. The authority, in the case of a retail licensee who has actually
made payment for liquor and/or wine, or on good cause shown to it, but
only after investigation of the facts concerning the indebtedness of
such licensee to manufacturers and wholesalers interested, and on notice
to all such manufacturers and wholesalers interested, may permit sales
to persons named on any delinquent list, on terms other than for cash,
but within the limitations of this section, prior to the publication of
the next subsequent monthly delinquent list.
6. The license of any retail licensee who shall make purchase of or
accept delivery of liquor or wine on any terms other than as stated in
this section, may be suspended for not more than five days for the first
offense and not more than thirty days for a subsequent offense. The
failure of any retail licensee to make payment for any default before
the expiration of the period of suspension shall be deemed and
punishable as a subsequent offense until paid. In addition, such retail
licensee may be required, after default in making payment in accordance
with the provisions of this section, to make payment in cash for liquor
or wine subsequently delivered.
7. The authority is hereby empowered to prescribe forms for notices of
default, for lists of licensed persons to be filed by manufacturers and
wholesalers, and for delinquent lists, and to promulgate regulations to
govern the filing of such notices and lists and the place of the filing
thereof, and the publication of such delinquent lists.
8. The authority is hereby empowered to promulgate and enforce rules
and regulations requiring retail licensees to make payment to
manufacturers and wholesalers of unpaid balances for liquor or wine sold
and delivered before September first, nineteen hundred thirty-seven,
provided that such rules and regulations may not require retail
licensees to make payment in full of said balances prior to March
thirty-first, nineteen hundred forty-one, if said licensees make equal
monthly payments on account of such indebtedness in amounts sufficient
to pay said balances in full on or before March thirty-first, nineteen
hundred forty-one, nor impose any greater penalty than to require retail
licensees in default of making such monthly payments to pay cash for all
liquor or wine sold and delivered to such licensees after the time of
such default, until such time as such default shall have been made good.
The authority, shall not, however, because of such an indebtedness or
failure to pay such, refuse to renew the license of any retail licensee.
9. All retail licensees shall make payments to manufacturers and
wholesalers of unpaid balances for liquor and/or wine sold and delivered
to retail licensees on and after September first, nineteen hundred
thirty-seven; such retail licensees shall make payment in full of said
balances prior to May thirty-first, nineteen hundred forty-two, which
payment may be made in equal monthly payments on account of such
indebtedness in amounts sufficient to pay said balances in full on or
before May thirty-first, nineteen hundred forty-two. All retail
licensees who shall fail to pay licensed manufacturers or wholesalers
for liquor and/or wine sold and delivered to such retail licensees by
such manufacturers or wholesalers subsequent to the enactment of this
section, shall be required to liquidate and pay such unpaid balances to
such manufacturers and wholesalers in equal monthly installments over a
period of three months from the date upon which such unpaid balances
shall become due. The authority, shall not however, because of such an
indebtedness or failure to pay such, refuse to renew the license of any
retail licensee.
10. Nothing herein contained shall be construed to require any
manufacturer or wholesaler to extend credit to any retail licensee nor
to restrain any manufacturer or wholesaler from seeking to enforce by
legal action or otherwise, payment of any sum or sums of money due or
alleged to be due to any such manufacturer or wholesaler for liquor or
wine sold and delivered to any such retail licensee prior to September
first, nineteen hundred thirty-seven.
11. Whenever used in this section, "cash" means and includes currency
and coin of the United States of America, certified check, money order,
bank officer`s check or draft, or a check drawn on the account of the
retail licensee payable to the manufacturer or wholesaler and dated no
later than the date of delivery of the alcoholic beverages and which is
honored upon presentment for payment, provided however if any check or
other instrument described herein tendered by a retail licensee on the
delinquent list is not honored upon presentment for payment, the license
of such retail licensee may be suspended for not more than fifteen days
for the first offense and not more than sixty days for a subsequent
offense which penalty shall be in addition to the penalty provided for
by the provisions of subdivision six of this section; and provided
further, that nothing herein contained shall require a manufacturer or
wholesaler to accept a check tendered by or drawn on the account of a
retail licensee on the delinquent list unless the same has been
certified.
S 101-aa. Terms of sale. 1. As used in this section:
a. "Credit period" means one of the following:
(1) A period beginning on the first Monday of a month and ending on
the day preceding the first Monday of the following month.
(2) A period beginning on the second Monday of a month and ending on
the day preceding the second Monday of the following month.
(3) A period beginning on the third Monday of a month and ending on
the day preceding the third Monday of the following month.
(4) A period beginning on the fourth Monday of a month and ending on
the day preceding the fourth Monday of the following month.
b. "payment period" means the period ending on the thirteenth day of
each month immediately following the end of the credit period for group
one; the twentieth day of each month immediately following the end of
the credit period for group two; the twenty-seventh day of each month
immediately following the end of the credit period for group three; the
fourth day of each month immediately following the end of the credit
period for group four.
c. "Final payment date" means the last day of a payment period.
d. "Delinquent notice date" means the third business day immediately
following a final payment date.
e. "Notification date" means the day immediately following a
delinquent notice date.
f. "Retail licensee" means a person licensed to sell alcoholic
beverages at retail (including a person holding a permit granted by the
authority pursuant to subdivision six of section sixty-four of this
chapter) except a person licensed to sell liquor and/or wine for
off-premises consumption.
g. "Cash" means and includes currency and coin of the United States of
America, certified check, money order, bank officer`s check or draft, or
a check drawn on the account of the retail licensee payable to the
manufacturer or wholesaler and dated no later than the date of delivery
of the alcoholic beverages and which is honored upon presentment for
payment, provided, however, that if any check or other instrument
described herein tendered by a retail licensee on the delinquent list is
not honored upon presentment for payment, the license of such retail
licensee may be suspended for not more than fifteen days for the first
offense, and not more than sixty days for a subsequent offense, which
penalty shall be in addition to the penalty provided for by the
provisions of subdivision eight of this section, and provided further,
that nothing herein contained shall require a manufacturer or wholesaler
to accept a check tendered by or drawn on the account of a retail
licensee on the delinquent list unless the same has been certified.
2. The authority shall, on or before October first, nineteen hundred
sixty-five, in such manner as it may deem appropriate, divide all retail
licensees into four appropriate groups, each of which shall be as nearly
equal in the number of such licensees therein as practicable, and
designated, respectively, as "Group 1", "Group 2", "Group 3" and "Group
4". Each such group shall be in a credit period designated by a number
identical with the group number.
3. The first credit period for all retail licensees in group one shall
begin on October first, nineteen hundred sixty-five, and a new credit
period for all such licensees shall begin on the first day of each month
thereafter. The first credit period for all retail licensees in groups
two, three and four shall begin, respectively, on October eighth,
fifteenth and twenty-second, nineteen hundred sixty-five, and a new
credit period for all licensees in each such group shall begin,
respectively, on the eighth, fifteenth and twenty-second of each month
thereafter.
4. No manufacturer or wholesaler licensed under this chapter shall
sell or deliver any alcoholic beverages to any retail licensee except
for cash to be paid at the time of delivery or on terms requiring
payment by such retail licensee for such alcoholic beverages on or
before the final payment date of the credit period of the group to which
such licensee has been assigned by the authority and within which
delivery is made.
5. Each such manufacturer and wholesaler is hereby required, on or
before the respective delinquent notice dates for each group of retail
licensees, to give written notice of default, by registered or certified
mail, to all such licensees therein who have failed to make payment to
him on or before their final payment date for alcoholic beverages sold
or delivered to them during their previous credit period. Any such
retail licensee receiving such notice shall not thereafter purchase
alcoholic beverages except for cash until such time as the authority
determines that his name shall not be published on the delinquent list
as provided in subdivision six of this section, or until such time as
the authority permits sales or deliveries to him as provided in
subdivision seven of this section. Each such manufacturer and wholesaler
is hereby required to file with the authority, on or before each
notification date, copies of the notices sent by him to all delinquent
retail licensees as hereinabove required, and in addition, if the
authority shall so require, a written list setting forth the names and
addresses of all such delinquent licensees. The authority, in its
discretion, may extend for a period not exceeding three days the date
for giving written notice of default to delinquent retail licensees and
extend for three days the date for filing with the authority the copies
of notices sent to such licensees and/or the written list of delinquent
retail licensees as hereinabove required. The authority shall, as soon
as practicable after each notification date, compile and publish and
furnish each manufacturer and wholesaler licensed under this chapter a
list, to be designated "the delinquent list for group ... ," (the number
of the appropriate group to be inserted by the authority) containing the
names and addresses of all retail licensees in the appropriate group who
have been reported by manufacturers and wholesalers pursuant to the
provisions of this section or section one hundred one-aaa of this
article as having failed to make payment as required by this section for
alcoholic beverages sold or delivered to them, and no such manufacturer
or wholesaler, on or after the fifth day after the receipt of such
delinquent list, shall knowingly, wilfully or intentionally sell or
deliver any alcoholic beverages to any such licensee whose name appears
on such list, except for cash, until such time as the name of such
licensee is removed therefrom, except as hereinafter permitted. The
receipt of a delinquent list by a manufacturer or wholesaler shall
constitute knowledge of the names of the retail licensees who have
failed to make payment for alcoholic beverages as required by this
section. The failure of any manufacturer or wholesaler to comply with
the foregoing provisions of this section may, at the discretion of the
authority, subject the license of such manufacturer or wholesaler to
suspension for not more than five days for the first offense, and not
more than thirty days for a subsequent offense.
6. In the event that any dispute shall exist between any manufacturer
or wholesaler and a retail licensee to whom he shall have sold alcoholic
beverages, either as to the fact of payment or as to the amount due for
such alcoholic beverages or as to the quantity of the alcoholic
beverages sold or delivered, which dispute cannot be adjusted between
them, the authority is hereby authorized to receive statements from each
of the parties to such dispute as to the facts and circumstances thereof
and to determine whether or not such retail licensee`s name should be
published on the appropriate delinquent list.
7. The authority in the case of a retail licensee who has actually
made payment for alcoholic beverages, or on good cause shown to it, may
permit sales or deliveries to any retail licensee who has received
notice of default or who is named on any delinquent list, on terms other
than for cash, but within the limitations of this section, prior to the
publication of the next appropriate delinquent list.
8. The license of any retail licensee who purchases or accepts
delivery of alcoholic beverages on any terms, other than as provided in
this section, may be suspended for not more than five days for the first
offense and not more than thirty days for a subsequent offense. The
failure of any such retail licensee to pay any amount in default before
the expiration of the period of suspension shall be deemed and
punishable as a subsequent offense until paid. In addition, the
authority may require any such retail licensee, after default in making
payment in accordance with the provisions of this section to make
payment in cash for alcoholic beverages subsequently delivered.
9. a. All retail licensees who fail to pay manufacturers or
wholesalers for alcoholic beverages sold or delivered to such retail
licensees by such manufacturers or wholesalers subsequent to the
effective date of this section, shall liquidate and pay such unpaid
balances to such manufacturers or wholesalers in equal monthly
installments over a period of three months from the date upon which such
unpaid balances become due. The authority, shall not, however, because
of such an indebtedness or failure to pay such refuse to renew the
license of any such licensee.
b. All retail licensees shall, on or before October tenth, nineteen
hundred sixty-five, make payment in full to manufacturers and
wholesalers of all unpaid balances for alcoholic beverages sold and
delivered to such licensees during the month of September, nineteen
hundred sixty-five. All retail licensees in groups two, three, four and
one shall, on or before November tenth, nineteen hundred sixty-five,
make payment in full to manufacturers and wholesalers of all unpaid
balances for alcoholic beverages sold and delivered between October
first and October seventh, fourteenth, twenty-first and thirty-first,
nineteen hundred sixty-five, respectively. The authority may impose any
penalty or condition otherwise authorized by this section in the case of
any such retail licensee who fails or refuses to liquidate and pay
unpaid balance becoming due under this subdivision.
10. Nothing herein contained shall be construed to require any
manufacturer or wholesaler to extend credit to any retail licensee nor
to restrain any manufacturer or wholesaler from seeking to enforce by
legal action or otherwise, payment of any sum or sums of money due or
alleged to be due to any such manufacturer or wholesaler for alcoholic
beverages sold or delivered to any such retail licensee.
11. The state liquor authority is hereby authorized to do such acts,
prescribe such forms and make such rules, regulations and orders as it
may deem necessary or proper fully to effectuate the provisions of this
section, including but not limited to the changing of any date on which
any act or function pursuant to this section is to be performed by any
licensee or by the liquor authority.
12. For the purpose of raising the moneys necessary to defray the
expenses incurred in the administration of this section, on or before
the tenth day after this act becomes a law, there shall be paid to the
liquor authority by each manufacturer and wholesaler licensed under this
chapter to sell to retailers liquor and/or wines or beer, a sum
equivalent to ten per centum of the annual license fee prescribed by
this chapter for each such licensee. A like sum shall be paid by each
person hereafter applying for any such license or the renewal of any
such license, and such sum shall accompany the application and the
license fee prescribed by this chapter for such license or renewal, as
the case may be.
S 101-aaa. Terms of sale; beer or wine products. 1. As used in this
section:
a. "Credit period" means the following:
(1) A period beginning on the first day of each month and ending on
the fifteenth day of such month; and
(2) A period beginning on the sixteenth day of each month and ending
on the last day of such month.
b. "Payment period" means the period ending on the tenth day
immediately following the last day of any credit period.
c. "Final payment date" means the last day of a payment period.
d. "Delinquent notice date" means the third business day immediately
following a final payment date.
e. "Notification date" means the day immediately following a
delinquent notice date.
f. "Retail licensee" means a person licensed pursuant to this chapter
who purchases beer and/or wine products for resale for on or off
premises consumption, except a person licensed to sell liquor and/or
wine for off premises consumption.
g. "Cash" means and includes currency and coin of the United States of
America, certified check, money order, bank officer`s check or draft, or
a check drawn on the account of the retail licensee payable to the
manufacturer or wholesaler and dated no later than the date of delivery
of the alcoholic beverages and which is honored upon presentment for
payment; provided, however, that if any check or other instrument
described in this paragraph tendered by a retail licensee on the
delinquent list is not honored upon presentment for payment, the license
of such retail licensee may be suspended for not more than fifteen days
for the first offense, and not more than sixty days for a subsequent
offense, which penalty shall be in addition to the penalty provided for
by the provisions of sudivision six of this section, and provided
further, that nothing in this section shall require a manufacturer or
wholesaler to accept a check tendered by or drawn on the account of a
retail licensee on the delinquent list unless the same has been
certified.
2. No manufacturer or wholesaler licensed under this chapter shall
sell or deliver any beer or wine products to any retail licensee except
for cash to be paid at the time of delivery or on terms requiring
payment by such retail licensee for such beer or wine products on or
before the final payment date of any credit period within which delivery
is made.
3. Each such manufacturer and wholesaler shall, on or before the
respective delinquent notice date, give written notice of default, by
registered or certified mail, to all such licensees who have failed to
make payment to the manufacturer or wholesaler on or before their final
payment date for beer or wine products sold or delivered to such
licensees during the previous credit period. Any such retail licensee
receiving such notice shall not thereafter purchase beer or wine
products except for cash until such time as the authority determines
that its name shall not be published on the delinquent list as provided
in this subdivision, or until such time as the authority permits sales
or deliveries to such licensee as provided in subdivision five of this
section. Each such manufacturer and wholesaler shall file with the
authority, on or before each notification date, copies of the notices
sent by it to all delinquent retail licensees, and in addition, if the
authority shall so require, a written list setting forth the names and
addresses of all such delinquent licensees. The authority, in its
discretion, may extend for a period not exceeding three days the date
for giving written notice of default to delinquent retail licensees and
extend for three days the date for filing with the authority the copies
of notices sent to such licensees and/or the written list of delinquent
retail licensees. The authority shall, as soon as practicable after each
notification date, compile, publish, and furnish each manufacturer and
wholesaler licensed under this chapter a delinquent list containing the
names and addresses of all retail licensees who have been reported by
manufacturers and wholesalers pursuant to the provisions of this section
or section one hundred one-aa of this article as having failed to make
payment as required by this section or section one hundred one-aa of
this article for beer or wine products sold or delivered to them, and no
such manufacturer or wholesaler, on or after the fifth day after the
receipt of such delinquent list, shall knowingly, wilfully or
intentionally sell or deliver any beer or wine products to any such
licensee whose name appears on such list, except for cash, until such
time as the name of such licensee is removed therefrom, except as
otherwise permitted by this section. The receipt of a delinquent list by
a manufacturer or wholesaler shall constitute knowledge of the names of
the retail licensees who have failed to make payment for beer or wine
products as required by this section. The failure of any manufacturer or
wholesaler to comply with the provisions of this section may, at the
discretion of the authority, subject the license of such manufacturer or
wholesaler to suspension for not more than five days for the first
offense, and not more than thirty days for a subsequent offense.
4. In the event that any dispute shall exist between any manufacturer
or wholesaler and a retail licensee to whom such manufacturer or
wholesaler shall have sold beer or wine products, either as to the fact
of payment or as to the amount due for such beer or wine products or as
to the quantity of the beer or wine products sold or delivered, which
dispute cannot be adjusted between them, the authority is authorized to
receive statements from each of the parties to such dispute as to the
facts and circumstances thereof and to determine whether or not such
retail licensee`s name should be published on the delinquent list.
5. The authority in the case of a retail licensee who has actually
made payment for beer or wine products, or on good cause shown to it,
may permit sales or deliveries to any retial licensee who has received
notice of default or who is named on any delinquent list, on terms other
than for cash, but within the limitations of this section, prior to the
publication of the next delinquent list.
6. The license of any retail licensee who purchases or accepts
delivery of beer or wine products on any terms, other than as provided
in this section, may be suspended for not more than five days for the
first offense and not more than thirty days for a subsequent offense.
The failure of any such retail licensee to pay any amount in default
before the expiration of the period of suspension shall be deemed and
punishable as a subsequent offense until paid. In addition, the
authority may require any such retail licensee, after default in making
payment in accordance with the provisions of this section to make
payment in cash for beer or wine products subsequently delivered.
7. Nothing contained in this section shall be construed to require any
manufacturer or wholesaler to extend credit to any retail licensee nor
to restrain any manufacturer or wholesaler from seeking to enforce by
legal action or otherwise, payment of any sum or sums of money due or
alleged to be due to any such manufacturer or wholesaler for beer or
wine products sold or delivered to any such retail licensee.
8. There shall be paid to the liquor authority by each person applying
after the effective date of this section for any license to sell beer or
wine products to retailers or upon the renewal of such license, a sum
equivalent to ten per centum of the annual license fee prescribed by
this chapter for each such licensee. Such moneys shall be used by the
authority to defray the expenses incurred in the administration of this
section.
9. Notwithstanding the law in effect at the time of the sale, the
final payment date for beer and/or wine products sold prior to the
effective date of this section for which payment has not been made shall
be the first final payment date as determined by the provisions of this
section.
S 101-b. Unlawful discriminations prohibited; filing of schedules;
schedule listing fund. 1. It is the declared policy of the state that it
is necessary to regulate and control the manufacture, sale, and
distribution within the state of alcoholic beverages for the purpose of
fostering and promoting temperance in their consumption and respect for
and obedience to the law. In order to eliminate the undue stimulation of
sales of alcoholic beverages and the practice of manufacturers and
wholesalers in granting discounts, rebates, allowances, free goods, and
other inducements to selected licensees, which contribute to a
disorderly distribution of alcoholic beverages, and which are
detrimental to the proper regulation of the liquor industry and contrary
to the interests of temperance, it is hereby further declared as the
policy of the state that the sale of alcoholic beverages should be
subjected to certain restrictions, prohibitions and regulations. The
necessity for the enactment of the provisions of this section is,
therefore, declared as a matter of legislative determination.
2. It shall be unlawful for any person who sells liquors or wines to
wholesalers or retailers
(a) to discriminate, directly or indirectly, in price, in discounts
for time of payment or in discounts on quantity of merchandise sold,
between one wholesaler and another wholesaler, or between one retailer
and another retailer purchasing liquor or wine bearing the same brand or
trade name and of like age and quality; (b) to grant, directly or
indirectly, any discount, rebate, free goods, allowance or other
inducement of any kind whatsoever, except a discount or discounts for
quantity of liquor or for quantity of wine and a discount not in excess
of one per centum for payment on or before ten days from date of
shipment.
3. (a) No brand of liquor or wine shall be sold to or purchased by a
wholesaler, irrespective of the place of sale or delivery, unless a
schedule, as provided by this section, is filed with the liquor
authority, and is then in effect. Such schedule shall be in writing duly
verified, and filed in the number of copies and form as required by the
authority, and shall contain, with respect to each item, the exact brand
or trade name, capacity of package, nature of contents, age and proof
where stated on the label, the number of bottles contained in each case,
the bottle and case price to wholesalers, the net bottle and case price
paid by the seller, which prices, in each instance, shall be individual
for each item and not in "combination" with any other item, the
discounts for quantity, if any, and the discounts for time of payment,
if any. Such brand of liquor or wine shall not be sold to wholesalers
except at the price and discounts then in effect unless prior written
permission of the authority is granted for good cause shown and for
reasons not inconsistent with the purpose of this chapter. Such schedule
shall be filed by (1) the owner of such brand, or (2) a wholesaler
selling such brand and who is designated as agent for the purpose of
filing such schedule if the owner of the brand is not licensed by the
authority, or (3) with the approval of the authority, by a wholesaler,
in the event that the owner of the brand is unable to file a schedule or
designate an agent for such purpose. As used in this subdivision the
term "item" shall be deemed to include a sealed, pre-wrapped package
consisting of a sealed container of liquor, wine or wine product and
other merchandise reasonably used in connection with the preparation,
storage or service of liquor, wine or wine products provided that such
other merchandise shall not be potable or edible.
(b) No brand of liquor or wine shall be sold to or purchased by a
retailer unless a schedule, as provided by this section, is filed with
the liquor authority, and is then in effect. Such schedule shall be in
writing duly verified, and filed in the number of copies and form as
required by the authority, and shall contain, with respect to each item,
the exact brand or trade name, capacity of package, nature of contents,
age and proof where stated on the label, the number of bottles contained
in each case, the bottle and case price to retailers, the net bottle and
case price paid by the seller, which prices, in each instance, shall be
individual for each item and not in "combination" with any other item,
the discounts for quantity, if any, and the discounts for time of
payment, if any. Such brand of liquor or wine shall not be sold to
retailers except at the price and discounts then in effect unless prior
written permission of the authority is granted for good cause shown and
for reasons not inconsistent with the purpose of this chapter. Such
schedule shall be filed by each manufacturer selling such brand to
retailers and by each wholesaler selling such brand to retailers.
(c) Provided however, nothing contained in this section shall require
any manufacturer or wholesaler to list in any schedule to be filed
pursuant to this section any item offered for sale to a retailer under a
brand which is owned exclusively by one retailer and sold at retail
within the state exclusively by such retailer.
4. Each such schedule required by paragraph (a) of subdivision three
of this section shall be filed on or before the twenty-fifth day of each
month and the prices and discounts set forth therein shall become
effective on the first day of the second succeeding calendar month and
shall be in effect for such second succeeding calendar month. Each such
schedule required by paragraph (b) of subdivision three of this section
shall be filed on or before the fifth day of each month, and the prices
and discounts set forth therein shall become effective on the first day
of the calendar month following the filing thereof, and shall be in
effect for such calendar month. Within ten days after the filing of such
schedule the authority shall make them or a composite thereof available
for inspection by licensees. Within three business days after such
inspection is provided for, a wholesaler may amend his filed schedule
for sales to retailers in order to meet lower competing prices and
discounts for liquor or wine of the same brand or trade name, and of
like age and quality, filed pursuant to this section by any licensee
selling such brand, provided such amended prices are not lower and
discounts are not greater than those to be met. Any amended schedule so
filed shall become effective on the first day of the calendar month
following the filing thereof and shall be in effect for such calendar
month. All schedules filed shall be subject to public inspection, from
the time that they are required to be made available for inspection by
licensees, and shall not be considered confidential. Each manufacturer
and wholesaler shall retain in his licensed premises for inspection by
licensees a copy of his filed schedules as then in effect. The liquor
authority may make such rules as shall be appropriate to carry out the
purpose of this section.
4-a. No licensee shall refuse to sell any brand of liquor or wine to
any licensee authorized to purchase such brand of liquor or wine from
such licensee at the price listed in the schedule of prices of such
brand of liquor or wine required to be filed by such licensee with the
authority pursuant to this section, provided the purchaser pays cash
therefor, and except as herein provided. (a) A schedule of prices to
wholesalers filed by the brand owner or its agent with the authority,
pursuant to this section, may limit the distribution or resale of a
brand to wholesalers by the filing by the brand owner or its agent with
the authority of the names, addresses and license numbers of such
wholesalers. Such list shall be filed each month together with the
schedule of prices, and no name shall be added thereto or removed
therefrom after filing except with permission of the authority.
(b) Only those wholesalers listed, pursuant to paragraph (a) of this
subdivision, may schedule the price to retailers for such brand, except
that when not inconsistent with the purpose of this section, the
authority may authorize any other wholesaler to schedule a price after
furnishing the quantity, source of purchase and any other information
the authority may require.
(c) When distribution or resale of a brand has been restricted,
pursuant to paragraph (a) of this subdivision, such brand shall not be
sold or purchased by any wholesalers who are not listed in accordance
with paragraph (a) of this subdivision.
(d) For good cause shown to the satisfaction of the authority,
permission may be granted for the filing of schedules limiting the
distribution or resale of a brand to retailers.
(e) Manufacturers and wholesalers may not require or compel retailers
to purchase other brands in order to be able to buy a particular brand.
(f) Nothing contained in this subdivision shall be construed as
authority for permitting any conduct or activity by any brand owner or
its agent or any wholesaler of liquor or wine proscribed by the
antitrust laws of this state or the United States.
(g) If any provision of any paragraph of this subdivision or any
subdivision of this section or the application thereof to any person or
circumstance shall be adjudged invalid by a court of competent
jurisdiction, such order or judgment shall be confined in its operation
to the controversy in which it was rendered and shall not affect or
invalidate the remainder of any provision of this subdivision or any
subdivision of this section or the application of any part thereof to
any other person or circumstance and to this end the provisions of each
paragraph of this subdivision and each subdivision of this section are
hereby declared to be severable.
5. (a) (i) Notwithstanding any other provision of law, each such
schedule required by paragraph (a) of subdivision three of this section
which is filed by a winery or farm winery, shall be filed annually on or
before the twenty-fifth day of November. The prices and discounts set
forth therein shall become effective on the first day of the second
succeeding calendar month and shall remain in effect for such twelve
succeeding calendar months, unless a price change filing is made
pursuant to subparagraph (ii) of this paragraph.
(ii) A winery or farm winery licensee may file a price schedule change
at any time between the required annual filings. Each such price
schedule change shall be filed on or before the twenty-fifth day of each
month for a change in prices to become effective on the first day of the
second succeeding calendar month and shall remain in effect until the
effective date of the next filing.
(b) (i) Notwithstanding any other provision of law, each such schedule
required by paragraph (b) of subdivision three of this section which is
filed by a winery or farm winery licensee shall be filed annually on or
before the fifth day of December. The prices and discounts set forth
therein shall become effective on the first day of the calendar month
following the filing thereof, and shall remain in effect for such twelve
succeeding calendar months, unless a price change filing is made
pursuant to subparagraph (ii) of this paragraph.
(ii) A winery or farm winery licensee may file a price schedule change
at any time between the required annual filings. Each such price
schedule change shall be filed on or before the fifth day of each month
for a change in prices to become effective on the first day of the
calendar month following the filing thereof and shall remain in effect
until the effective date of the next filing.
(c) Within ten days after the filing of such schedules the authority
shall make them or a composite thereof available for inspection by
licensees. Within three business days after such inspection is provided
for, a wholesaler may amend his filed schedule for sales to retailers in
order to meet lower competing prices and discounts for wine of the same
brand or trade name, and of like age and quality, filed pursuant to this
section by any licensee selling such brand, provided such amended prices
are not lower and discounts are not greater than those to be met. Any
amended schedule so filed shall become effective on the first day of the
calendar month following the filing thereof and shall be in effect until
the effective date of the next filing.
(d) All schedules filed shall be subject to public inspection, from
the time that they are required to be made available for inspection by
licensees, and shall not be considered confidential. Each manufacturer
and wholesaler shall retain in his licensed premises for inspection by
licensees a copy of his filed schedules as then in effect. The liquor
authority may make such rules as shall be appropriate to carry out the
purpose of this subdivision.
6. For the purpose of raising the moneys necessary to defray the
expenses incurred in the administration of this section, on or before
the tenth day after this act becomes a law, there shall be paid to the
liquor authority by each manufacturer and wholesaler licensed under this
chapter to sell to retailers liquors and/or wines, a sum equivalent to
fifteen per centum of the annual license fee prescribed by this chapter
for each such licensee. A like sum shall be paid by each person
hereafter applying for any such license or the renewal of any such
license, and such sum shall accompany the application and the license
fee prescribed by this chapter for such license or renewal as the case
may be. In the event that any other law requires the payment of a fee by
any such licensee or applicant as set forth in this section for schedule
listing, then and in such event the total fee imposed by this section
and such other law or laws on each such licensee shall not exceed in the
aggregate a sum equivalent to fifteen per centum of the annual license
fee prescribed by this chapter for such license.
7. The authority may revoke, cancel or suspend any license issued
pursuant to this chapter, and may recover (as provided in section one
hundred twelve of this chapter) the penal sum of the bond filed by a
licensee, or both, for any sale or purchase in violation of any of the
provisions of this section or for making a false statement in any
schedule filed pursuant to this section or for failing or refusing in
any manner to comply with any of the provisions of this section.
S 102. General prohibitions and restrictions. 1. (a) No person shall
send or cause to be sent into the state any letter, postcard, circular,
newspaper, pamphlet, order kit, order form, invitation to order, price
list, or publication of any kind containing an advertisement or a
solicitation of any order for any alcoholic beverages, irrespective of
whether the purchase is made or to be made within or without the state,
or whether intended for commercial or personal use or otherwise, unless
such person shall be duly licensed hereunder to traffic in alcoholic
beverages.
(b) No person shall issue or publish or cause to be issued or
published in the state any letter, postcard, circular, newspaper,
pamphlet, order kit, order form, invitation to order, price list, or
publication of any kind containing an advertisement or a solicitation of
any order for any alcoholic beverages, irrespective of whether the
purchase is made or to be made within or without the state, or whether
intended for commercial or personal use or otherwise, unless such person
shall be duly licensed hereunder to traffic in alcoholic beverages.
(c) No alcoholic beverages shall be shipped into the state unless the
same shall be consigned to a person duly licensed hereunder to traffic
in alcoholic beverages. This prohibition shall apply to all shipments of
alcoholic beverages into New York state and includes importation or
distribution for commercial purposes, for personal use, or otherwise,
and irrespective of whether such alcoholic beverages were purchased
within or without the state, provided, however, this prohibition shall
not apply to any shipment consigned to a New York resident who has
personally purchased alcoholic beverages for his personal use while
outside the United States for a minimum period of forty-eight
consecutive hours and which he has shipped as consignor to himself as
consignee. Purchases made outside the United States by persons other
than the purchaser himself, regardless whether made as his agent, or by
his authorization or on his behalf, are deemed not to have been
personally purchased within the meaning of this paragraph.
(d) No common carrier or other person shall bring or carry into the
state any alcoholic beverages, unless the same shall be consigned to a
person duly licensed hereunder to traffic in alcoholic beverages,
provided, however, that alcoholic beverages may be delivered by a
trucking permittee from a steamship or railroad station or terminal to a
New York resident who has personally purchased alcoholic beverages for
his personal use while outside the United States for a minimum period of
forty-eight consecutive hours, and which he has shipped as consignor to
himself as consignee, and except as so stated, no trucking permittee
shall accept for delivery, deliver or transport from a steamship or
railroad station or terminal any shipment of alcoholic beverages
consigned to a non-licensed person having his home or business in New
York state. Purchases of alcoholic beverages made outside the United
States by persons other than the purchaser himself, regardless whether
made as his agent, or by his authorization or on his behalf, are deemed
not to have been personally purchased within the meaning of this
paragraph.
(e) Subdivisions (c) and (d) hereof shall apply to alcoholic
beverages, either in the original package or otherwise, whether intended
for commercial or personal use, as well as otherwise, and to foreign,
interstate, as well as intrastate, shipments or carriage, irrespective
of whether such alcoholic beverages were purchased within or without the
state.
(f) Nothing in this chapter shall be deemed to exempt from taxation
the sale or use of any alcoholic beverages subject to any tax imposed
under or pursuant to the authority of the tax law or to grant any other
exemption from the provisions of such law.
2. No person holding any license hereunder, other than a license to
sell an alcoholic beverage at retail for off-premises consumption, shall
knowingly employ in connection with his business in any capacity
whatsoever, any person, who has been convicted of a felony, or any of
the following offenses, who has not subsequent to such conviction
received an executive pardon therefor removing any civil disabilities
incurred thereby, a certificate of good conduct or other relief from
disabilities provided by law, or the written approval of the state
liquor authority permitting such employment, to wit:
(a) Illegally using, carrying or possessing a pistol or other
dangerous weapon;
(b) Making or possessing burglar`s instruments;
(c) Buying or receiving or criminally possessing stolen property;
(d) Unlawful entry of a building;
(e) Aiding escape from prison;
(f) Unlawfully possessing or distributing habit forming narcotic
drugs;
(g) Violating subdivisions six, eight, ten or eleven of section seven
hundred twenty-two of the former penal law as in force and effect
immediately prior to September first, nineteen hundred sixty-seven, or
violating sections 165.25, 165.30 or subdivision three of section 240.35
of the penal law;
(h) Vagrancy or prostitution; or
(i) Ownership, operation, possession, custody or control of a still
subsequent to July first, nineteen hundred fifty-four.
If, as hereinabove provided, the state liquor authority issues its
written approval for the employment by a licensee, in a specified
capacity, of a person previously convicted of a felony or any of the
offenses above enumerated, such person, may, unless he is subsequently
convicted of a felony or any of such offenses, thereafter be employed in
the same capacity by any other licensee without the further written
approval of the authority unless the prior approval given by the
authority is terminated.
The liquor authority may make such rules as it deems necessary to
carry out the purpose and intent of this subdivision.
3-a. No licensee or permittee shall purchase or agree to purchase any
alcoholic beverages from any person within the state who is not duly
licensed to sell such alcoholic beverage as the case may be, at the time
of such agreement and sale nor give any order for any alcoholic beverage
to any individual who is not the holder of a solicitor`s permit, except
as provided for in section eighty-five or ninety-nine-g of this chapter.
3-b. No retail licensee shall purchase, agree to purchase or receive
any alcoholic beverage except from a person duly licensed within the
state by the liquor authority to sell such alcoholic beverage at the
time of such agreement and sale to such retail licensee, except as
provided for in section eighty-five or ninety-nine-g of this chapter.
4. No licensee or any of his or its agents, servants or employees
shall peddle any liquor and/or wine from house to house by means of a
truck or otherwise, where the sale is consummated and delivery made
concurrently at the residence or place of business of a consumer. This
subdivision shall not prohibit the delivery by a licensee to consumers,
pursuant to sales made at the place of business of said licensee.
5. No licensee shall employ any canvasser or solicitor for the purpose
of receiving an order from a consumer for any liquor and/or wine at the
residence or place of business of such consumer, nor shall any licensee
receive or accept any order, for the sale of any liquor and/or wine,
which shall be solicited at the residence or place of business of a
consumer. This subdivision shall not prohibit the solicitation by a
wholesaler of an order from any licensee at the licensed premises of
such licensee.
6. No alcoholic beverage shall be released for delivery from any
warehouse located within the state, except upon a permit having first
been obtained as provided by this chapter. Applications for such permits
may be filed at the office of the liquor authority in New York, Albany
or Buffalo, whichever is nearest to the location of the warehouse, and
shall be upon a form to be prepared by the liquor authority. This
provision shall not apply to alcoholic beverages, which are to be
released for shipment outside of the state.
7. Each person owning or operating any warehouse located within the
state shall keep and maintain as part of his permanent records, treasury
department forms fifty-two and fifty-two-a as heretofore required by the
United States government.
S 103. Provisions governing manufacturers. 1. No manufacturer shall
sell, or agree to sell or deliver in the state any liquors and/or wines,
as the case may be, in any cask, barrel, keg, hogshead or other
container, except in sealed containers containing quantities in
accordance with federal size standards adopted pursuant to the federal
alcohol administration act, as amended (27 U.S.C. 201 et. seq.); and
provided further, that (a) Class A distillers may sell or deliver liquor
in bulk to the holder of a Class A or B distiller`s license or to a
permittee engaged in the manufacture of products which are unfit for
beverage use; (b) Class C distillers may sell or deliver fruit brandy in
bulk to the holder of a winery license, a holder of a Class B
distiller`s license or to a permittee engaged in the manufacture of
products which are unfit for beverage use; and (c) a winery licensee may
sell or deliver wine in bulk to a holder of a winery license, the holder
of a distiller`s license of any class, or to a permittee engaged in the
manufacture of products which are unfit for beverage use. Such
containers shall have affixed thereto such labels as may be required by
the rules of the liquor authority, together with all necessary federal
revenue and New York state excise tax stamps, as required by law.
2. No manufacturer shall transport alcoholic beverages in any vehicle
owned and operated or hired and operated by such manufacturer, unless
there shall be attached to or inscribed upon both sides of such vehicle
a sign, showing the name and address of the licensee, together with the
following inscription: "New York State Distiller (or Brewer or Winery)
License No. ..," in uniform letters not less than three and one-half
inches in height. In lieu of such sign a manufacturer may have in the
cab of such vehicle a photostatic copy of its current license issued by
the authority, and such copy duly authenticated by the authority.
3. No manufacturer shall deliver any alcoholic beverages, except in
vehicles owned and operated by such manufacturer, or hired and operated
by such manufacturer from a trucking or transportation company
registered with the liquor authority, and shall only make deliveries at
the licensed premises of the purchaser.
7. Each manufacturer shall keep and maintain upon the licensed
premises, adequate books and records of all transactions involving the
manufacture and sale of his or its products, which shall show the
ingredients but not the formula or recipe used in the manufacture of
such alcoholic beverages together with the quantity of alcoholic
beverages manufactured by such manufacturer; the names, addresses, and
the license numbers of the purchasers of such alcoholic beverages,
together with the quantities involved in such purchases, whether the
same shall be sold within or without the state. Each sale shall be
recorded separately on a numbered invoice, which shall have printed
thereon the number, the name of the licensee, the address of the
licensed premises, and the current license number. Such manufacturer
shall deliver to the purchaser a true duplicate invoice stating the name
and address of the purchaser, the quantity of alcoholic beverages,
description by brands and the price of such alcoholic beverages, and a
true, accurate and complete statement of the terms and conditions on
which such sale is made. Any terms and conditions of a sale not stated
on said invoice shall constitute a service within the meaning of section
one hundred and one, subdivision one (c) of this chapter. Such books,
records and invoices shall be kept for a period of two years and shall
be available for inspection by any authorized representative of the
liquor authority.
8. No manufacturer shall furnish or cause to be furnished to any
licensee, any exterior or interior sign, printed, painted, electric or
otherwise, except as authorized by the liquor authority.
9. Nothing contained in this chapter shall prohibit a brewer from
manufacturing, bottling or storing non-alcoholic carbonated beverages on
the licensed premises provided such business was conducted by the
licensee prior to July first, nineteen hundred thirty-nine.
S 104. Provisions governing wholesalers. 1. (a) No wholesaler shall
be engaged in any other business on the premises to be licensed; except
that nothing contained in this chapter shall (1) prohibit a beer
wholesaler from (i) acquiring, storing or selling non-alcoholic snack
foods, as defined in paragraph (b) of this subdivision, (ii)
manufacturing, bottling, storing, or selling non-alcoholic carbonated
beverages, (iii) manufacturing, storing or selling non-alcoholic
non-carbonated soft drinks, mineral waters, spring waters, drinking
water, non-taxable malt or cereal beverages, juice drinks, fruit or
vegetable juices, ice, liquid beverage mixes and dry or frozen beverage
mixes, (iv) acquiring, storing or selling wine products, (v) the sale of
promotional items on such premises, or (vi) the sale of tobacco products
at retail by wholesalers who are licensed to sell beer and other
products at retail, (2) prohibit a wholesaler authorized to sell wine
from manufacturing, acquiring or selling wine merchandise, as defined in
paragraph (d) of this subdivision, or (3) prohibit a licensed winery or
licensed farm winery from engaging in the business of a wine wholesaler
for New York state labeled wines produced by any licensed winery or
licensed farm winery or prohibit such wine wholesaler from exercising
any of its rights pursuant to sections seventy-six and seventy-six-a of
this chapter provided that the operation of such beer and wine
wholesalers business shall be subject to such rules and regulations as
the liquor authority may prescribe.
(b) "Non-alcoholic snack foods" as used in paragraph (a) of this
subdivision shall include ready to eat finger foods ordinarily intended
to be served cold or at room temperature, such as nut and seed meats,
cooked pork rinds, pretzels, popped corn and a variety of other similar
finger foods which are prepared from high-starch and/or cellulosic
edible materials.
(c) "Promotional items" are items which bear advertising information,
are of nominal value, are obtained by a licensee through a supplier of
alcoholic beverages and are designated and designed for unconditional
sale or distribution to the public. The sale or distribution of
promotional items shall be incidental to the licensee`s sale of
alcoholic beverages. All promotional items shall be properly invoiced.
(d) "Wine merchandise" as used in paragraph (a) of this subdivision
shall include corkscrews, ice, 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 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.
2. No wholesaler shall sell, or agree to sell or deliver in the state
any liquors and/or wines, as the case may be, in any cask, barrel, keg,
hogshead or other container, except in a sealed package containing
quantities in accordance with federal size standards adopted pursuant to
the federal alcohol administration act, as amended (27 U.S.C. 201 et.
seq.); provided, however, that wholesalers may store, warehouse or keep
off the licensed premises any liquors and/or wines in bulk for sale to a
rectifier or to a permittee engaged in the manufacture of products which
are unfit for beverage use. Such containers shall have affixed thereto
such labels as may be required by the rules of the liquor authority,
together with all necessary federal revenue and New York state excise
tax stamps, as required by law.
3. Each wholesaler shall have painted on the front window of the
licensed premises, or if there be no window, on a sign affixed to the
front of the building containing said licensed premises, the name of the
licensee together with the inscription, "New York State wholesale beer,
liquor or wine license number ________________"; as the case may be, in
uniform letters not less than three and one-half inches in height.
5. No wholesaler shall transport alcoholic beverages in any vehicle
owned and operated or hired and operated by such wholesaler, unless
there shall be attached to or inscribed upon both sides of such vehicle
a sign, showing the name and address of the licensee, together with the
following inscription: "New York State wholesale beer, liquor or wine
license number ................. , " as the case may be, in uniform
letters not less than three and one-half inches in height. In lieu of
such sign, a wholesaler may have in the cab of such vehicle a
photostatic copy of its current license issued by the authority, and
such copy duly authenticated by the authority.
6. No wholesaler shall deliver any alcoholic beverages, except in
vehicles owned and operated by such wholesaler, or hired and operated by
such wholesaler from a trucking or transportation company registered
with the liquor authority, and shall only make deliveries at the
licensed premises of the purchaser.
10. Each wholesaler shall keep and maintain upon the licensed
premises, adequate books and records of all transactions involving the
business transacted by such wholesaler, which shall show the amount of
alcoholic beverages in gallons, purchased by such wholesaler together
with the names, license numbers and places of business of the persons
from whom the same was purchased and the amount involved in such
purchases, as well as the amount of alcoholic beverages, in gallons,
sold by such wholesaler together with the names, addresses, and license
numbers of such purchasers whether the same shall be purchased or sold
within or without the state. Each sale shall be recorded separately on a
numbered invoice, which shall have printed thereon the number, the name
of the licensee, the address of the licensed premises, and the current
license number. Such wholesaler shall deliver to the purchaser a true
duplicate invoice stating the name and address of the purchaser, the
quantity of alcoholic beverages, description by brands and the price of
such alcoholic beverages, and a true, accurate and complete statement of
the terms and conditions on which such sale is made. Any terms and
conditions of a sale not stated on said invoice shall constitute a
service within the meaning of section one hundred and one, subdivision
one (c) of this chapter. Such books, records and invoices shall be kept
for a period of two years and shall be available for inspection by any
authorized representative of the liquor authority.
11. No wholesaler shall furnish or cause to be furnished to any
licensee, any exterior or interior sign, printed, painted, electric or
otherwise, unless authorized by the liquor authority.
S 104-a. Provisions governing vendors. 1. No sign, of any kind,
printed, painted, or electric, advertising any brand of beer shall be
permitted on the exterior or interior of such premises, except by
permission of the liquor authority.
2. No vendor shall transport beer in any vehicle owned and operated or
hired and operated by such vendor, for off-premises consumption, unless
there shall be attached to or inscribed upon both sides of such vehicle
a sign, showing the name and address of the licensee together with the
following inscription, "New York State Beer Vendor`s License No.
........ , " as the case may be, in uniform letters not less than three
and one-half inches in height. In lieu of such sign, a vendor may have
in the cab of such vehicle a photostatic copy of its current license
issued by the authority, and such copy duly authenticated by the
authority.
3. No vendor for off-premises consumption shall sell or deliver to any
person beer in excess of five gallons at one and at the same time.
4. Each vendor for off-premises consumption shall keep and maintain
upon the licensed premises, adequate books and records of all
transactions involving the business transacted by such vendor, which
shall show the amount of beer purchased by such licensee together with
the names, license numbers and places of business of the persons from
whom the same was purchased, and the amount involved in such purchases,
as well as the amount of beer sold by such vendor, and the amount
involved in each sale. Such books and records shall be available for
inspection by any authorized representative of the liquor authority.
S 105. Provisions governing licensees to sell at retail for
consumption off the premises. 1. No retail license to sell liquors
and/or wines for consumption off the premises shall be granted for any
premises, unless the applicant shall be the owner thereof, or shall be
in possession of said premises under a lease, in writing, for a term not
less than the license period except, however, that such license may
thereafter be renewed without the requirement of a lease as herein
provided. This subdivision shall not apply to premises leased from
government agencies, as defined under subdivision twelve-b of section
three of this chapter; provided, however, that the appropriate
administrator of such government agency provides some form of written
documentation regarding the terms of occupancy under which the applicant
is leasing said premises from the government agency for presentation to
the state liquor authority at the time of the license application. Such
documentation shall include the terms of occupancy between the applicant
and the government agency, including, but not limited to, any short-term
leasing agreements or written occupancy agreements.
2. No premises shall be licensed to sell liquors and/or wines at
retail for off premises consumption, unless said premises shall be
located in a store, the principal entrance to which shall be from the
street level and located on a public thoroughfare in premises which may
be occupied, operated or conducted for business, trade or industry or on
an arcade or sub-surface thoroughfare leading to a railroad terminal.
There may be not more than one additional entrance which shall be from
the street level and located on and giving access to and from a public
or private parking lot or parking area having space for not less than
five automobiles.
3. No retail license to sell liquor and/or wine for off-premises
consumption shall be granted for any premises which shall be located 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 to the building used for such school, church,
synagogue or other place of worship to the center of the nearest
entrance of the premises to be licensed; except, however, 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.
Within the context of this subdivision, the word "entrance" shall mean
a door of a school, of a house of worship, 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 proposed to be licensed, except that where a
school or house of worship 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".
5. No retail licensee of liquor and/or wine for off-premises
consumption shall keep upon the licensed premises any liquors and/or
wines in any cask, barrel, keg, hogshead or other container, except in
the original sealed package, as received from the manufacturer or
wholesaler. Such containers shall have affixed thereto such labels as
may be required by the rules of the liquor authority, together with all
necessary federal revenue and New York state excise tax stamps, as
required by law. Such containers shall not be opened nor its contents
consumed on the premises where sold, except for the purpose of wine
tasting or sampling by any person pursuant to authorization to conduct
such a sampling or tasting pursuant to subdivision two of section
seventy-six of this chapter except those to whom sales are prohibited in
section sixty-five of this chapter.
6. Each person licensed to sell liquor and/or wine for off-premises
consumption shall have painted on the front window of the licensed
premises, the name of the licensee together with the inscription, "New
York State Retail Liquor or Wine Store License No. .........," as the
case may be, in uniform letters not less than three and one-half inches
in height.
7. No sign of any kind printed, painted or electric, advertising any
brand of liquors or wines shall be permitted on the exterior or interior
of such premises, except by permission of the liquor authority.
8. No retail licensee, for off-premises consumption, shall transport
liquors or wines in any vehicle owned and operated or hired and operated
by such retail licensee, for off-premises consumption, except liquors
and wines transported to the home of a purchaser not to be resold by the
purchaser, unless there shall be attached to or inscribed upon both
sides of such vehicle a sign, showing the name and address of the
licensee together with the following inscription, "New York State Retail
Liquor or Wine Store License No. . . . . . . . . . ," as the case may
be, in uniform letters not less than three and one-half inches in
height, except deliveries may be made in passenger type vehicles owned
by the licensee and operated by the licensee or his agent, or hired by
the licensee and operated by the licensee or his agent, provided the
person making the delivery shall have upon his person while so
delivering a photostatic copy of the current license issued by the
authority. In lieu of such sign, a retail licensee may have in the cab
of such vehicle a photostatic copy of its current license issued by the
authority, and such copy duly authenticated by the authority.
9. No retail licensee for off-premises consumption shall deliver any
liquors or wines except in vehicles owned and operated by such licensee,
or hired and operated by such licensee from a trucking or transportation
company registered with the liquor authority, and shall only make such
deliveries at the premises of the purchaser.
10. (a) Each retail licensee of liquor and/or wine for off-premises
consumption shall have conspicuously displayed within the interior of
the licensed premises where sales are made and where it can be readily
inspected by consumers a printed price list of the liquors and/or wines
offered for sale therein; and no liquor and/or wine shall be sold except
at the price set forth in such list;
(b) No screen, blind, curtain, partition, article or thing shall be
permitted in the windows or upon the doors of such licensed premises,
which shall prevent a clear view into the interior of such licensed
premises from the sidewalk, at all times; and
(c) No booth, screen, partition or other obstruction shall be
permitted in the interior of said licensed premises.
11. No retail licensee of liquor and/or wine for off-premises
consumption shall keep or permit to be kept upon the licensed premises,
any liquors and/or wines in any unsealed bottle or other unsealed
container, except for the purpose of wine tasting or sampling by any
person pursuant to authorization to conduct such a sampling or tasting
pursuant to subdivision two of section seventy-six of this chapter
except those to whom sales are prohibited in section sixty-five of this
chapter.
12. No retail licensee of liquor and/or wine for off-premises
consumption shall sell or deliver any liquors and/or wines to any person
with knowledge of, or with reasonable cause to believe, that the person
to whom such liquors and/or wines are so sold or delivered, has acquired
the same for the purpose of peddling them from place to place, or of
selling or giving them away in violation of the provisions of this
chapter or in violation of the rules and regulations of the liquor
authority.
14. No premises licensed to sell liquor and/or wine for off-premises
consumption shall be permitted to remain open:
(a) On Sunday.
(b) On any other day between midnight and eight o`clock antemeridian.
(c) On the twenty-fifth day of December, known as Christmas day, and
if any such day is Sunday, the next day thereafter.
In any community where daylight saving time is in effect, such time
shall be deemed the standard time for the purpose of this law.
15. Each retail licensee for off-premises consumption shall keep and
maintain upon the licensed premises, adequate books and records of all
transactions involving the business transacted by such licensee, which
shall show the amount of liquors and wines, purchased by such licensee
together with the names, license numbers and places of business of the
persons from whom the same were purchased, and the amount involved in
such purchases, as well as the amount of liquors or wines, sold by such
licensee, and the amount involved in each sale. Such books and records
shall be available for inspection by any authorized representative of
the liquor authority.
16. No retail licensee to sell liquors and/or wines for off-premises
consumption shall be interested, directly or indirectly, in any premises
where liquors, wines or beer are manufactured or sold at wholesale or
any other premises where liquor or wine is sold at retail for
off-premises consumption, by stock ownership, interlocking directors,
mortgage or lien on any personal or real property or by any other means.
Any lien, mortgage or other interest or estate, however, now held by
such retailer on or in the personal or real property of such
manufacturer or wholesaler, which mortgage, lien, interest or estate was
acquired on or before December thirty-first, nineteen hundred
thirty-two, shall not be included within the provisions of this
subdivision; provided, however, the burden of establishing the time of
the accrual of the interest comprehended by this subdivision, shall be
upon the person who claims to be entitled to the protection and
exemption afforded hereby.
17. No retail licensee for off-premises consumption shall make or
cause to be made any loan to any person engaged in the manufacture or
sale of liquors, wines or beer at wholesale. No retail licensee to sell
liquors and/or wines for off-premises consumption shall make or cause to
be made any loan to any person engaged in the manufacture or sale of
liquors, wines or beer at wholesale or to any person engaged in the sale
of liquors and/or wines at retail for off-premises consumption.
18. A drug store holding a permit to sell liquors and/or wines for
off-premises consumption pursuant to this chapter shall be subject to
the following conditions:
(a) Liquors and/or wines sold by it shall not be consumed on the
premises where sold or in any outbuilding, yard, booth or garden
appertaining thereto or connected therewith.
(b) Such permittee shall keep and maintain upon the licensed premises,
adequate books and records, which shall show the amount of liquors and
wines, in gallons, purchased by such permittee together with the names,
license numbers and places of business, of the persons from whom the
same were purchased and the amount involved in such purchases, which
books and records shall be available for inspection by any authorized
representative of the liquor authority.
(c) No liquor or wine shall be displayed in any window of the premises
designated in the drug store permit.
(d) No drug store permittee shall use any placard or card advertising
the sale of any liquor or wine unless such card, placard or
advertisement shall conspicuously state that the sale of liquor or wine
in the said premises designated in the drug store permit is limited to
medicinal liquor to be sold by prescription only.
20. Each retail licensee of liquor and/or wine shall designate the
price of each item of liquor or wine by attaching to or otherwise
displaying immediately adjacent to each such item displayed in the
interior of the licensed premises where sales are made a price tag, sign
or placard setting forth the bottle price at which each such item is
offered for sale therein.
21. No retail license to sell liquor and/or wine for consumption off
the premises shall be granted for any public billiard or pocket billiard
room, or for establishments of any description in which billiards is
played or which maintains any apparatus or paraphernalia for the playing
of billiards or pocket billiards and is conducted as a public place of
business for profit. Notwithstanding any prohibition to the contrary, a
license may be issued to an establishment wherein billiards or pocket
billiards are played or may be played on a table which measures not more
than three feet by six feet provided that not more than two such tables
are in the establishment at any one time and further provided that the
cue sticks used, and available for use, are made of light plexiglass or
some similar light material.
22. No person licensed to sell alcoholic beverages at retail for
off-premises consumption, shall suffer or permit any gambling, or offer
any gambling on the licensed premises, or suffer or permit illicit drug
activity on the licensed premises. The use of the licensed premises or
any part thereof for the sale of lottery tickets, when duly authorized
and lawfully conducted thereon, shall not constitute gambling within the
meaning of this subdivision.
23. All premises licensed under sections fifty-four, fifty-four-a,
sixty-three and seventy-nine of this chapter shall be subject to
inspection by any peace officer described in subdivision four of section
2.10 of the criminal procedure law acting pursuant to his special
duties, or police officer or any duly authorized representative of the
state liquor authority, during the hours when the said premises are open
for the transaction of business.
S 105-a. Sale of beer at retail on Sunday. No person, firm or
corporation holding any license or permit issued under this chapter
shall sell, offer for sale or give away beer at retail on Sunday between
three antemeridian and twelve noon. Persons, firms or corporations
holding licenses and/or permits issued under the provisions of the
alcoholic beverage control law permitting the sale of beer at retail,
may sell such beverages at retail on Sunday before three antemeridian
and after twelve noon for off-premises consumption to persons making
purchases at the licensed premises to be taken by them from the licensed
premises.
S 105-b. Posting of certain signs. 1. The authority shall prepare,
have printed and distribute across the state to all persons with a
license to sell any alcoholic beverage for consumption on the premises
or a license to sell any alcoholic beverage for consumption off the
premises, a sign or poster with conspicuous lettering that states:
"Government Warning: According to the Surgeon General, women should not
drink alcoholic beverages during pregnancy because of the risk of birth
defects". Such sign or poster must have conspicuous lettering in at
least seventy-two point bold face type that states the warning set forth
in this subdivision, except that 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 any alcoholic beverage for
consumption on the premises or a license to sell any alcoholic beverage
for consumption off the premises shall display in a conspicuous place
the sign or poster upon receiving it from the authority. Such sign shall
be placed as close as possible to the place where alcoholic beverages
are sold.
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.
4. Compliance with the provisions of any local law requiring the
posting of signs containing warnings regarding alcoholic beverages
enacted on or before the date on which the provisions of this section
shall have become a law, shall be deemed to be in compliance with the
provisions of this section. Nothing contained herein, however, shall be
deemed to exempt any licensee not otherwise subject to the provisions of
any such local law from complying with the provisions of this section.
S 106. Provisions governing licensees to sell at retail for
consumption on the premises. 1. No retail license for on-premises
consumption shall be granted for any premises, unless the applicant
shall be the owner thereof, or shall be in possession of said premises
under a lease, in writing, for a term not less than the license period
except, however, that such license may thereafter be renewed without the
requirement of a lease as herein provided. This subdivision shall not
apply to premises leased from government agencies, as defined under
subdivision twelve-b of section three of this chapter; provided,
however, that the appropriate administrator of such government agency
provides some form of written documentation regarding the terms of
occupancy under which the applicant is leasing said premises from the
government agency for presentation to the state liquor authority at the
time of the license application. Such documentation shall include the
terms of occupancy between the applicant and the government agency,
including, but not limited to, any short-term leasing agreements or
written occupancy agreements.
2. (a) No retail licensee for on-premises consumption, except
corporations operating railroad cars or aircraft being operated on
regularly scheduled flights by a United States certificated airline or
persons or corporations operating a hotel, as defined in subdivision
fourteen of section three of this chapter, for exclusive use in the
furnishing of room service in the manner prescribed by rule or
regulation of the state liquor authority, shall keep upon the licensed
premises any liquors and/or wines in any cask, barrel, keg, hogshead or
other container, except in the original sealed package as received from
the manufacturer or wholesaler. Such containers shall have affixed
thereto such labels as may be required by the rules of the liquor
authority, together with all necessary federal revenue and New York
state excise stamps as required by law. No retail licensee for
on-premises consumption shall reuse, refill, tamper with, adulterate,
dilute or fortify the contents of any container of alcoholic beverages
as received from the manufacturer or wholesaler.
(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, a retail licensee for on-premises consumption may prepare
and keep drinks containing alcoholic beverages in dispensing machines,
having capacities of not less than a gallon, which continually mix such
drinks.
3. No retail licensee for on-premises consumption shall sell, deliver
or give away, or cause or permit or procure to be sold, delivered or
given away any liquors and/or wines for consumption off the premises
where sold.
4. (a) No liquors and/or wines shall be sold or served in premises
licensed under section sixty-four or clause (a) of subdivision six of
section sixty-four-a of this chapter, except at tables where food may be
served and except as provided by subdivision four of section one
hundred.
(b) No liquors and/or wines shall be sold or served in premises
licensed under clause (b) of subdivision six of section sixty-four-a of
this chapter, except at such times and upon such conditions and by the
use of such facilities as the liquor authority, by regulation, may
prescribe with due regard to the convenience of the public and the
strict avoidance of sales prohibited by this chapter.
4-a. No beer shall be sold or served at a bar, counter or other
similar contrivance unless a card, sign or plate, visible to the
customer, upon which the name of the brewer is conspicuously and legibly
displayed, is annexed or affixed to the tap or faucet from which the
beer is drawn.
5. No alcoholic beverages shall be sold, offered for sale or given
away upon any premises licensed to sell alcoholic beverages at retail
for on-premises consumption, during the following hours:
(a) Sunday, from four ante meridiem to twelve noon.
(b) On any other day between four ante meridiem and eight ante
meridiem.
Unless otherwise approved by the authority pursuant to subdivision
eleven of section seventeen of this chapter, where any rule has been
adopted in a county on or before April first, nineteen hundred
ninety-five, further restricting the hours of sale for alcoholic
beverages, such restricted hours shall be the hours, during which the
sale of alcoholic beverages at retail for on-premises consumption shall
not be permitted within such county.
Nor shall any person be permitted to consume any alcoholic beverages
upon any such premises later than one-half hour after the start of the
prohibited hours of sale provided for in this section.
6. No person licensed to sell alcoholic beverages shall suffer or
permit any gambling on the licensed premises, or suffer or permit such
premises to become disorderly. The use of the licensed premises, or any
part thereof, for the sale of lottery tickets, playing of bingo or games
of chance, or as a simulcast facility or simulcast theater pursuant to
the racing, pari-mutuel wagering and breeding law, when duly authorized
and lawfully conducted thereon, shall not constitute gambling within the
meaning of this subdivision.
6-a. No retail licensee for on-premises consumption shall suffer or
permit any person to appear on licensed premises in such manner or
attire as to expose to view any portion of the pubic area, anus, vulva
or genitals, or any simulation thereof, nor shall suffer or permit any
female to appear on licensed premises in such manner or attire as to
expose to view any portion of the breast below the top of the areola, or
any simulation thereof.
6-b. No retail licensee for on-premises consumption shall suffer or
permit any contest or promotion which endangers the health, safety, and
welfare of any person with dwarfism. Any retail licensee in violation of
this section shall be subject to the suspension or revocation of said
licensee`s license to sell alcoholic beverages for on-premises
consumption. For the purposes of this section, the term "dwarfism" means
a condition of being abnormally small which is caused by heredity,
endocrine dysfunction, renal insufficiency or deficiency or skeletal
diseases that result in disproportionate short stature and adult height
of less than four feet ten inches.
6-c. (a) No retail licensee for on-premises consumption shall suffer,
permit or promote an event on its premises wherein the contestants
deliver, or are not forbidden by the applicable rules thereof from
delivering kicks, punches or blows of any kind to the body of an
opponent or opponents, whether or not the event consists of a
professional match or exhibition, and whether or not the event or any
such act, or both, is done for compensation.
(b) The prohibition contained in paragraph (a) of this subdivision,
however, shall not be applied to any professional match or exhibition
which consists of boxing, sparring, wrestling, or martial arts and which
is excepted from the definition of the term "combative sport" contained
in subdivision one of section five-a of chapter nine hundred twelve of
the laws of nineteen hundred twenty, as added by chapter fourteen of the
laws of nineteen hundred ninety-seven.
(c) In addition to any other penalty provided by law, a violation of
this subdivision shall constitute an adequate ground for instituting a
proceeding to suspend, cancel or revoke the license of the violator in
accordance with the applicable procedures specified in section one
hundred nineteen of this article.
8. A club or a luncheon club licensed to sell alcoholic beverages for
on-premises consumption shall be permitted to sell such beverages only
to its members and to their guests accompanying them.
9. No restaurant and no premises licensed to sell liquors and/or wines
for on-premises consumption under clause (a) of subdivision six of
section sixty-four-a of this chapter shall be permitted to have any
opening or means of entrance or passageway for persons or things between
the licensed premises and any other room or place in the building
containing the licensed premises, or any adjoining or abutting premises,
unless such licensed premises are in a building used as a hotel and
serves as a dining room for guests of such hotel, or unless such
premises are a bona fide restaurant with such access for patrons and
guests from any part of such building or adjoining or abutting premises
as shall serve public convenience in a reasonable and suitable manner;
or unless such licensed premises are in a building owned or operated by
any county, town, city, village or public authority or agency, in a park
or other similar place of public accommodation. All glass in any window
or door on said licensed premises shall be clear and shall not be
opaque, colored, stained or frosted.
10. A vessel licensed to sell liquors and/or wines for on-premises
consumption shall not be permitted to sell any liquors and/or wines,
while said vessel is moored to a pier or dock, except that vessels
sailing on established schedules shall be permitted to sell liquors
and/or wines for a period of three hours prior to the regular advertised
sailing time.
11. A railroad car or aircraft being operated on regularly scheduled
flights by a United States certificated airline licensed to sell liquors
and/or wines for on-premises consumption shall be permitted to sell
liquors and/or wines only to passengers and while in actual transit,
except that a railroad operating licensed cars shall be allowed to sell
liquors and/or wines from portable carts located on station platforms
located at Penn Station, Grand Central Station, Jamaica, Hunterspoint
Avenue or Flatbush from which such licensed railroad cars depart.
12. Each retail licensee for on-premises consumption shall keep and
maintain upon the licensed premises, adequate records of all
transactions involving the business transacted by such licensee which
shall show the amount of alcoholic beverages, in gallons, purchased by
such licensee together with the names, license numbers and places of
business of the persons from whom the same were purchased, the amount
involved in such purchases, as well as the sales of alcoholic beverages
made by such licensee. The liquor authority is hereby authorized to
promulgate rules and regulations permitting an on-premises licensee
operating two or more premises separately licensed to sell alcoholic
beverages for on-premises consumption to inaugurate or retain in this
state methods or practices of centralized accounting, bookkeeping,
control records, reporting, billing, invoicing or payment respecting
purchases, sales or deliveries of alcoholic beverages, or methods and
practices of centralized receipt or storage of alcoholic beverages
within this state without segregation or earmarking for any such
separately licensed premises, wherever such methods and practices assure
the availability, at such licensee`s central or main office in this
state, of data reasonably needed for the enforcement of this chapter.
Such records shall be available for inspection by any authorized
representative of the liquor authority.
13. No retail licensee for on-premises consumption shall be
interested, directly or indirectly, in any premises where liquors, wines
or beer are manufactured or sold at wholesale, by stock ownership,
interlocking directors, mortgage or lien on any personal or real
property or by any other means, except that liquors, wines or beer may
be manufactured or sold wholesale by the person licensed as a
manufacturer or wholesaler thereof on real property owned by an
interstate railroad corporation or a United States certificated airline
with a retail license for on-premises consumption, or on premises or
with respect to a business constituting an overnight lodging and resort
facility located wholly within the boundaries of the town of North Elba,
county of Essex, township eleven, Richard`s survey, great lot numbers
two hundred seventy-eight, two hundred seventy-nine, two hundred eight,
two hundred ninety-eight, two hundred ninety-nine, three hundred, three
hundred eighteen, three hundred nineteen, three hundred twenty, three
hundred thirty-five and three hundred thirty-six, and township twelve,
Thorn`s survey, great lot numbers one hundred six and one hundred
thirteen, as shown on the Adirondack map, compiled by the conservation
department of the state of New York - nineteen hundred sixty-four
edition, in the Essex county atlas at page twenty-seven in the Essex
county clerk`s office, Elizabethtown, New York, provided that such
facility maintains not less than two hundred fifty rooms and suites for
overnight lodging, or on premises or with respect to the operation of a
restaurant in an office building located in a city having a population
of five hundred thousand or more and in which is located the licensed
premises of such manufacturer or wholesaler, provided that the building,
the interior of the retail premise and the rental therefor fully comply
with the criteria set forth in paragraph two of subdivision three of
section one hundred one of this article, any such premises or business
located on that tract or parcel of land, or any subdivision thereof,
situate in the Village of Lake Placid, Town of North Elba, Essex County,
New York; it being also a part of Lot No. 279, Township No. 11, Old
Military Tract, Richard`s Survey; it being also all of Lot No. 23 and
part of Lot No. 22 as shown and designated on a certain map entitled
"Map of Building Sites for Sale by B.R. Brewster" made by G.T. Chellis
C.E. in 1892; also being PARCEL No. 1 on a certain map of lands of
Robert J. Mahoney and wife made by G.C. Sylvester, P.E. & L.S. #
21300, dated August 4, 1964, and filed in the Essex County Clerk`s
Office on August 27, 1964, and more particularly bounded and described
as follows; BEGINNING at the intersection of the northerly bounds of
Shore Drive (formerly Mirror Street) with the westerly bounds of Park
Place (formerly Rider Street) which point is also the northeast corner
of Lot No. 23, from thence South 21 50` East in the westerly bounds of
Park Place a distance of 119 feet, more or less, to a lead plug in the
edge of the sidewalk marking the southeast corner of Lot No. 23 and the
northeast corner of Lot No. 24; from thence South 68 00`50" West a
distance of 50.05 feet to an iron pipe set in concrete at the corner of
Lots 23 and 22; from thence South 65 10`50" West a distance of 7.94 feet
along the south line of Lot No. 22 to an iron pipe for a corner; from
thence North 23 21`40" West and at 17.84 feet along said line passing
over a drill hole in a concrete sidewalk, and at 68.04 feet further
along said line passing over an iron pipe at the southerly edge of
another sidewalk, and at 1.22 feet further along said line passing over
another drill hole in a sidewalk, a total distance of 119 feet, more or
less, to the northerly line of Lot No. 22; from thence easterly in the
northerly line of Lot 22 and 23 to the northeast corner of Lot No. 23
and the point of beginning. Also including the lands to the center of
Shore Drive included between the northerly straight line continuation of
the side lines of the above described parcel, and to the center of Park
Place, where they abut the above described premises SUBJECT to the use
thereof for street purposes. Being the same premises conveyed by
Morestuff, Inc. to Madeline Sellers by deed dated June 30, 1992,
recorded in the Essex County Clerk`s Office on July 10, 1992 in Book
1017 of Deeds at Page 318, or any such premises or business located on
that certain piece or parcel of land, or any subdivision thereof,
situate, lying and being in the Town of Plattsburgh, County of Clinton,
State of New York and being more particularly bounded and described as
follows: Starting at an iron pipe found in the easterly bounds of the
highway known as the Old Military Turnpike, said iron pipe being located
910.39 feet southeasterly, as measured along the easterly bounds of said
highway, from the southerly bounds of the roadway known as Industrial
Parkway West, THENCE running S 31 54` 33" E along the easterly bounds
of said Old Military Turnpike Extension, 239.88 feet to a point marking
the beginning of a curve concave to the west; thence southerly along
said curve, having a radius of 987.99 feet, 248.12 feet to an iron pipe
found marking the point of beginning for the parcel herein being
described, said point also marked the southerly corner of lands of Larry
Garrow, et al, as described in Book 938 of Deeds at page 224; thence N
07 45` 4" E along the easterly bounds of said Garrow, 748.16 feet to a
3"x4" concrete monument marking the northeasterly corner of said Garrow,
the northwesterly corner of the parcel herein being described and said
monument also marking the southerly bounds of lands of Salerno Plastic
Corp. as described in Book 926 of Deeds at Page 186; thence S 81 45`
28" E along a portion of the southerly bounds of said Salerno Plastic
Corp., 441.32 feet to an iron pin found marking the northeasterly corner
of the parcel herein being described and also marking the northwest
corner of the remaining lands now or formerly owned by said Marx and
Delaura; thence S 07 45` 40" W along the Westerly bounds of lands now
of formerly of said Marx and DeLaura and along the easterly bounds of
the parcel herein being described, 560.49 feet to an iron pin; thence N
83 43` 21" W along a portion of the remaining lands of said Marx and
DeLaura, 41.51 feet to an iron pin; thence S 08 31` 30" W, along a
portion of the remaining lands of said Marx and Delaura, 75.01 feet to
an iron pin marking northeasterly corner of lands currently owned by the
Joint Council for Economic Opportunity of Plattsburgh and Clinton
County, Inc. as described in Book 963 of Deeds at Page 313; thence N 82
20` 32" W along a portion of the northerly bounds of said J.C.E.O.,
173.50 feet to an iron pin; thence 61 21` 12" W, continuing along a
portion of the northerly bounds of said J.C.E.O., 134.14 feet to an iron
pin; thence S 07 45` 42" W along the westerly bounds of said J.C.E.O.,
50 feet to an iron pin; thence S 66 48` 56" W along a portion of the
northerly bounds of remaining lands of said Marx and DeLaura, 100.00
feet to an iron pipe found on the easterly bounds of the aforesaid
highway, said from pipe also being located on a curve concave to the
west; thence running and running northerly along the easterly bounds of
the aforesaid highway and being along said curve, with the curve having
a radius of 987.93 feet, 60.00 feet to the point of beginning and
containing 6.905 acres of land. Being the same premises as conveyed to
Ronald Marx and Alice Marx by deed of CIT Small Business Lending Corp.,
as agent of the administrator, U.S. Small Business Administration, an
agency of the United States Government dated September 10, 2001 and
recorded in the office of the Clinton County Clerk on September 21, 2001
as Instrument #135020, or on premises or with respect to a business
constituting the overnight lodging facility located wholly within the
boundaries of that tract or parcel of land situated in the borough of
Manhattan, city and county of New York, beginning at a point on the
northerly side of west fifty-fourth street at a point one hundred feet
easterly from the intersection of the said northerly side of west
fifty-fourth street and the easterly side of seventh avenue; running
thence northerly and parallel with the easterly side of seventh avenue
one hundred feet five inches to the center line of the block; running
thence easterly and parallel with the northerly side of west
fifty-fourth street and along the center line of the block fifty feet to
a point; running thence northerly and parallel with the easterly side of
seventh avenue one hundred feet five inches to the southerly side of
west fifty-fifth street at a point distant one hundred fifty feet
easterly from the intersection of the said southerly side of west
fifty-fifth street and the easterly side of seventh avenue; running
thence easterly along the southerly side of west fifty-fifth street
thirty-one feet three inches to a point; running thence southerly and
parallel with the easterly side of the seventh avenue one hundred feet
five inches to the center line of the block; running thence easterly
along the center line of the block and parallel with the southerly side
of west fifty-fifth street, one hundred feet; running thence northerly
and parallel with the easterly side of seventh avenue one hundred feet
five inches to the southerly side of west fifty-fifth street; running
thence easterly along the southerly side of west fifty-fifth street
twenty-one feet ten and one-half inches to a point; running thence
southerly and parallel with the easterly side of seventh avenue one
hundred feet five inches to the center line of the block; running thence
westerly along the center line of the block and parallel with the
northerly side of west fifty-fourth street three feet one and one-half
inches; running thence southerly and parallel with the easterly side of
seventh avenue one hundred feet five inches to the northerly side of
west fifty-fourth street at a point distant three hundred feet easterly
from the intersection of the said northerly side of west fifty-fourth
street and the easterly side of seventh avenue; running thence westerly
and along the northerly side of west fifty-fourth street two hundred
feet to the point or place of beginning, provided that such facility
maintains not less than four hundred guest rooms and suites for
overnight lodging. Any lien, mortgage or other interest or estate now
held by said retail licensee on or in the personal or real property of
such manufacturer or wholesaler, which mortgage, lien, interest or
estate was acquired on or before December thirty-first, nineteen hundred
thirty-two, shall not be included within the provisions of this
subdivision; provided, however, the burden of establishing the time of
the accrual of the interest, comprehended by this subdivision shall be
upon the person who claims to be entitled to the protection and
exemption afforded hereby.
14. No retail licensee for on-premises consumption shall make or cause
to be made any loan to any person engaged in the manufacture or sale of
liquors, wines or beer at wholesale.
15. All retail licensed premises shall be subject to inspection by any
peace officer, acting pursuant to his or her special duties, or police
officer and by the duly authorized representatives of the liquor
authority, during the hours when the said premises are open for the
transaction of business.
17. Notwithstanding any other provision of law, a retail licensee for
on-premises consumption that is a person or corporation operating a
hotel shall be permitted to sell liquors, beer, and/or wines through a
mechanical device or vending machine placed in the lodger`s rooms and to
which access to such device or machine is restricted by means of a
locking device which requires the use of a key, magnetic card or similar
device provided, however, that no such key, card or similar device shall
be provided to any person under the age of twenty-one or to any person
who is visibly intoxicated.
S 106-a. Notice of arrest and convictions. 1. When an arrest for
gambling activity, illicit drug activity, prostitution activity, or for
a breach of the peace or for a crime of a violent nature, or for a crime
of weapons possession occurs or where the activity or crime has taken
place in a licensed premises, the arresting agency shall notify in
writing, the authority and the district attorney of the county in which
the licensed premises are located within two weeks of the arrest and set
forth therein the name of the arrestee, the date of the arrest, the time
of the arrest, the exact place of the arrest, the name of the licensee,
the name and address of the licensed premises, the offense or offenses
allegedly committed by the arrestee, the factual circumstances of the
arrest, the name or names of the arresting officer, and such other
information as may reasonably be required by the authority.
2. Such district attorney shall maintain a written record of all
notices forwarded as required by subdivision one of this section and
where the arrestee named in said notice is convicted of either the
offense charged or a lesser included offense as defined by the penal
law, the district attorney shall so notify the authority in writing. In
addition, where a person is convicted of a violation of paragraph (b) of
subdivision one of section sixty-five-b of this chapter or of a
violation of subdivision one of section sixty-five of this chapter, the
district attorney shall promptly notify the authority of such conviction
in writing and shall include in such notification the information
required to be provided pursuant to subdivision one of this section.
* S 106-b. Provisions for governing sports facilities operators and
retail licenses to sell at certain sporting events for consumption on
premises. 1. (a) Every person who operates a facility for the
performance of a sporting event during which alcoholic beverages are
sold or otherwise furnished for consumption on such premises shall
establish nonalcoholic seating accommodations, separate from other
seating accommodations within such premises, wherein the sale,
possession or consumption of alcoholic beverages shall not be permitted.
(b) Nonalcoholic seating accommodations shall constitute not less than
six percentum of all permanent seating accommodations for a given
sporting event, unless otherwise provided for by this section, and shall
at such level be equally distributed among each separately designated
ticket price area.
2. (a) Every person who operates a facility for the performance of a
sporting event during which alcoholic beverages are sold or otherwise
furnished for consumption on such premises shall establish nonvending
seating accommodations, separate from other seating accommodations
within such premises, wherein the sale or other furnishing of alcoholic
beverages shall not be permitted, but where the consumption of such
alcoholic beverages shall not be prohibited.
(b) Nonvending seating accommodations shall constitute not less than
fifteen percentum of all permanent seating accommodations, in addition
to those seating accommodations segregated pursuant to subdivision one
of this section, and shall be equally distributed among each separately
designated ticket price area.
3. (a) Immediately upon the effective date of this section, each
facility operator shall designate not less than ten percentum of all
non-season ticket seating as either nonalcohol seating accommodations or
nonvending seating accommodations or both, and that such designations
shall thereafter remain in effect up to and until the commencement of
designations pursuant to paragraph (b) of this subdivision, or
designations pursuant to subdivision four of this section.
(b) The establishment of seating accommodations pursuant to
subdivisions one and two of this section may be implemented over a
period of three years from the effective date of this section, and in a
combination of nonalcoholic seating accommodations and nonvending
seating accommodations, that is consistent with the provisions of this
section, provided that
(i) designations of not less than one-third of the total seating
accommodations required pursuant to subdivisions one and two of this
section are made within one year of the effective date of this section;
however, such designation up to the first one-third of the total
nonalcohol seating accommodation may be designated in any ticket price
area, and
(ii) designations of an additional one-third of the total seating
accommodations required pursuant to subdivisions one and two of this
section are made by January first, nineteen hundred ninety-one; however,
such designation up to the second one-third of the total nonalcohol
seating accommodation may be designated in any ticket price area, and
(iii) designations of a final one-third of the total seating
accommodations required pursuant to subdivisions one and two of this
section are made by January first, nineteen hundred ninety-two. (c) A
facility operator may petition the state liquor authority for an
exemption from the provisions of subparagraphs (ii) and (iii) of
paragraph (b) hereof as they relate to nonalcohol seating if it can be
shown that the demand for such seating does not exceed the availability
under subparagraph (i) of paragraph (b) hereof. The state liquor
authority, in evaluating such petition, shall consider, among other
things, the availability of such seating, the promotion of such seating,
the method of merchandising tickets for such seating, and the location
of such seating sections within the overall seating available in a given
facility. In addition, the state liquor authority shall consider any
voluntarily instituted alcohol reduction plan which includes, but is not
necessarily limited to, the provision of low alcohol beer, the
limitation on the number of servings of alcoholic beverages, or
limitations on the size of such servings.
(d) Nothing in this section shall be construed as prohibiting facility
operators from relocating designated nonvending or nonalcohol seating
accommodations in each year, provided that each facility maintains the
levels of nonalcohol and nonvending seating accommodations provided for
in this section.
4. Notwithstanding any provision of this section to the contrary, a
facility operator shall be exempt from the provisions of subdivisions
one, two and three hereof, upon the filing of certification with the
state liquor authority that said operator prohibits the vending of
alcoholic beverages in all seating areas of such facility, and
furthermore provides non-alcohol seating accommodations in not less than
two percentum of the total permanent seating accommodations.
5. (a) For the purposes of preserving order and preventing offenses
against the laws of the state during the course of a sporting event, and
when otherwise authorized pursuant to the provisions of the criminal
procedure law and appropriate local legislation, the trustees or
directors of any corporation acting in the capacity of facility operator
and licensed to do business in New York, may apply from time to time to
the commissioner of police of the municipality within which the facility
is located for the appointment of special patrolmen, who, when
appointed, shall be peace officers with the same powers within such
facility as are set forth in section 2.20 of the criminal procedure law,
whose duty, when appointed, shall be to preserve order within the
facility operated by the applicant corporation, to protect the property
within said facility, with the authority to eject or arrest all persons
who shall be improperly within the facility or who shall be guilty of
disorderly conduct, or who shall neglect or refuse to pay the fees
prescribed by said corporation; and it shall be the further duty of said
special patrolmen, when appointed, to prevent all violations of law and
arrest any and all persons violating such provisions, and to process
such persons in accordance with the criminal procedure law. The
appointment of special patrolmen pursuant to this section shall not
supersede in any way the authority of peace officers or police officers
of the jurisdiction within which such facility is located, nor shall any
patrolmen be deemed by virtue of such employment an employee of said
municipality, or be entitled to any of the benefits arising from such
employment, and such special patrolmen may be terminated by the
commissioner at any time, without assigning cause therefore.
(b) The special patrolmen appointed and approved pursuant to the
provisions of this subdivision shall be the sole responsibility of the
applying corporate entity, and such entity shall indemnify and defend
the municipality for any and all liability arising from the acts or
omissions of such officers. In consideration of their appointment,
special patrolmen shall sign an agreement in writing releasing and
waiving all claim whatsoever against the police department or the
municipality for pay, salary or compensation for their services, or for
any other expenses connected thereto.
6. Each facility operator shall file with the state liquor authority a
plan of compliance with the provisions of this section, including but
not limited to a facility diagram or such other seating program,
indicating ticket price areas designated as nonalcoholic and nonvending
seating accommodations. This plan shall also include a description of
all policies and procedures instituted by the facility operator in
relation to the sale, consumption or limitation of alcoholic beverages.
7. (a) For the purposes of this section, "facility for the performance
of a sporting event" shall include any stadium, arena, ballpark, or
other indoor or outdoor athletic field complex in use during a
professional sporting event, and located within a standard metropolitan
statistical area having a population of one million or more as of the
most current decennial census as conducted by the United States
Department of Commerce, but shall not include facilities owned or
operated by an educational institution.
(b) For the purposes of this section, "facility operator" shall
include the primary tenant of a facility defined in paragraph (a) of
this subdivision. In those situations where the entity responsible for
operation and management of said facility is other than the primary
tenant, the person or persons so responsible shall constitute the
"facility operator." If no facility operator pursuant to this section
can be ascertained, then the facility owner shall also constitute the
facility operator. In any event, the designation of such facility
operator shall be included in all plans of compliance filed pursuant to
subdivision six of this section.
8. The state liquor authority shall promulgate rules and regulations
no later than January first, nineteen hundred eighty-nine, that provide
for notification of facility operators of such facilities and sellers of
alcoholic beverages at such facilities of the provisions of this section
and that provide for the conspicuous posting at such facilities notices
informing the public of the provisions of this section, indicating the
nonalcohol and nonvending seating accommodations designated pursuant to
this section, and the penalty for violating this section, and shall
promulgate such other rules and regulations in furtherance of the
provisions of this section.
9. The state liquor authority shall report to the governor and
legislature no later than February first, nineteen hundred ninety-three
on the compliance with the provisions of this section, any and all
administrative or enforcement actions taken under the authority vested
in it by the provisions of this section and the effectiveness of the
provisions of this section in reducing the occurrence of alcohol-related
incidents.
10. (a) Violation by a facility operator of the provisions of this
section or of the rules and regulations promulgated pursuant to this
section is a misdemeanor.
(b) Violation of any stadium plan enacted pursuant to this section or
the rules and regulations promulgated hereunder is a violation.
11. Severability. If any provision of this section shall be held void
or unconstitutional, all other provisions and all other sanctions not
expressly held to be void or unconstitutional shall continue in full
force and effect.
12. (a) Notwithstanding any provision of this section to the contrary,
a facility operator may reduce the total number of seats segregated as
non-alcohol seating as necessary to assure local television broadcast of
a particular sporting event when ninety-nine percent of all other
seating is unavailable, so long as the facility operator, prior to the
commencement of the sporting season, files with the state liquor
authority for a plan of reduction in the consumption of alcoholic
beverages that includes:
(i) restrictions in those areas that were to be segregated as
non-alcohol seating that exceed the limitations on non-vending, but
which do not prohibit the consumption of alcohol in toto;
(ii) the development of additional security personnel in those areas
that were to be segregated as non-alcohol seating, or such other areas
in which persons requesting non-alcohol seating are located; and
(iii) a plan of marketing, promotion, method of merchandising and
location of non-alcoholic seating, and a description of the seats to be
declassified as non-alcohol seats.
(b) The provisions of this subdivision shall apply only in those
instances where a facility is operated with two percent of its seating
segregated as non-alcohol seating in accordance with the provisions of
this section.
(c) In the event that a facility operator invokes the provisions of
this subdivision for its intended purposes, the facility operator shall
notify the state liquor authority at least three days before the
particular sporting event of the utilization of this subdivision, the
time period in which the provisions of this subdivision shall be in
effect, and certify that such utilization is based on the unavailability
of seating in all remaining sections of the facility.
* NB Expired Effective July 1, 1993
S 107. Advertising and forms of notices of the issuance of licenses.
Every person procuring a license hereunder must publish a notice thereof
as herein provided:
1. Where the licensed premises are located in any county other than
New York, Kings, Queens or Bronx, notice shall be published once a week
for two successive weeks in a daily or weekly newspaper published in the
city, town or village in which the licensed premises are located, except
that if there shall be no daily or weekly newspaper published in the
city, town or village in which the licensed premises are located, then
such notice shall be published in a daily or weekly newspaper published
in the county in which the licensed premises are located, once a week
for two successive weeks. The provisions of this section shall only be
applicable to the original license issued to the licensee for the
premises.
2. Where the licensed premises are located in the counties of New
York, Kings, Queens or Bronx, such notice shall be published once a week
for two successive weeks in one daily and one weekly newspaper published
in the county in which the licensed premises are located. This
provision is only applicable to the original license issued to the
licensee for the premises.
3. The notice to be so published shall be printed in English, in
substantially the following forms:
(a) Form of notice for manufacturer`s license. Notice is hereby given
that manufacturer`s license (fill in beer, liquor or wine manufacturer
or rectifier and number) has been issued to the undersigned to
manufacture (beer, liquor or wine, as the case may be) under the
alcoholic beverage control law in the premises located at (fill in
street address, city, town or village and county in which licensed
premises are located).
(Name of licensee)
(Address of licensee)
(b) Form of notice for wholesaler`s license. Notice is hereby given
that wholesaler`s license (fill in beer, liquor or wine wholesaler and
license number) has been issued to the undersigned to sell (beer, liquor
or wine, as the case may be) at wholesale under the alcoholic beverage
control law in the premises located at (fill in street address, city,
town or village and county in which licensed premises are located).
(Name of licensee)
(Address of licensee)
(c) Form of notice for off-premises license. Notice is hereby given
that license (fill in beer, liquor or wine store and license number) has
been issued to the undersigned to sell (beer, liquor or wine, as the
case may be) at retail under the alcoholic beverage control law at (fill
in street address, city, town or village and county in which licensed
premises are located) for off-premises consumption.
(Name of licensee)
(Address of licensee)
(d) Form of notice for on-premises license. Notice is hereby given
that license (fill in beer, liquor or wine as the case may be, and
license number) has been issued to the undersigned to sell (beer, liquor
or wine, as the case may be) at retail in a (hotel, club, restaurant,
vessel, car, or other type of establishment, as the case may be) under
the alcoholic beverage control law at (fill in street address, city,
town or village and county in which licensed premises are located) for
on-premises consumption.
(Name of licensee)
(Address of licensee)
4. The first publication of said notice shall be made within fifteen
days after the date of issuance of said license and proof of such
publication, in the form hereinafter set forth, shall be obtained by the
licensee and retained by him during the license year. The form of proof
of such publication shall be as follows:
STATE OF NEW YORK )
) ss:
County of ....... )
............ of ............ , being duly sworn, says that he is
............ of the publishers of the ............. , a (daily) or
(weekly) newspaper (printed and) published in the (city, town, or
village and county) ........... and that the notice of which the annexed
is a true copy, has been published in said newspaper for two successive
weeks commencing on the ........... day of ..................195 ...
.....................
Sworn to before me this
......................., 195.....
..................................
S 107-a. Labeling containers of alcoholic beverages. 1. The liquor
authority is hereby authorized to promulgate rules and regulations
governing the labeling and offering of alcoholic beverages bottled,
packaged, sold or possessed for sale within this state.
2. Such regulations shall be calculated to prohibit deception of the
consumer; to afford him adequate information as to quality and identity;
and to achieve national uniformity in this field in so far as possible.
3. The bottling, packaging, sale or possession by any licensee of any
alcoholic beverage not labelled or offered in conformity with this
section shall be ground for suspension, revocation or cancellation of
the license.
4. (a) No liquor, wine or beer shall be labelled, offered or
advertised for sale unless in accordance with this section and unless
the brand or trade name label affixed to or imprinted upon the container
of such alcoholic beverage shall have been registered with and approved
by the authority and the appropriate fee paid as provided for in this
section.
(b) An application for registration of a brand or trade name label
shall be filed by (1) the owner of the brand or trade name if such owner
is licensed by the authority, or (2) a wholesaler selling such brand who
is appointed as exclusive agent, in writing, by the owner of the brand
or trade name for the purpose of filing such application, if the owner
of the brand or trade name is not licensed by the authority, or (3) any
wholesaler, with the approval of the authority, in the event that the
owner of the brand or trade name does not file or is unable to file such
application or designate an agent for such purposes, or (4) any
wholesaler, with the approval of the authority, in the event that the
owner of the brand or trade name is a retailer who does not file such
application, provided that the retailer shall consent to such filing by
such wholesaler. Such retailer may revoke his consent at any time, upon
written notice to the authority and to such wholesaler.
Unless otherwise permitted or required by the authority, the
application for registration of a liquor or wine brand or trade name
label filed pursuant to this section shall be filed by the same licensee
filing schedules pursuant to section one hundred one-b of this chapter.
Cordials and wines which differ only as to fluid content, age, or
vintage year, as defined by such regulations, shall be considered the
same brand; and those that differ as to type or class may be considered
the same brand by the authority where consistent with the purposes of
this section.
(c) (1) The application for registration of a brand or trade name
label shall be filed by registered mail, return receipt requested, on a
form prescribed by the authority, and shall contain such information as
the authority shall require. Such application shall be accompanied by
the appropriate fee prescribed by paragraph (d) of this subdivision.
(2) Provided, however, where a brand or trade name label has been
approved by the federal bureau of alcohol, tobacco and firearms, it
shall be deemed registered and approved by the authority if:
(i) the applicant submits on a form prescribed by the authority, by
registered mail, return receipt requested, a true copy of the brand or
trade name label approval issued by the federal bureau of alcohol,
tobacco and firearms along with the appropriate fee as established in
paragraph (d) of this subdivision; and
(ii) the authority does not deny such application within thirty days
after receipt.
(3) Provided, however, that where a brand or trade name label for wine
has been approved by the federal bureau of alcohol, tobacco and
firearms, it shall be deemed registered and approved by the authority
and no application, application fee, or annual registration fee shall be
submitted to the authority.
(d) The annual fee for registration of any brand or trade name label
for liquor shall be two hundred fifty dollars; the annual fee for
registration of any brand or trade name label for beer shall be one
hundred fifty dollars; the annual fee for registration of any brand or
trade name label for wine shall be fifty dollars. Such fee shall be in
the form of a check or draft. No annual fee for registration of any
brand or trade name label for wine shall be required if it has been
approved by the federal bureau of alcohol, tobacco and firearms pursuant
to this section.
Each brand or trade name label registration approved pursuant to this
section shall be valid for a term which shall run concurrently with the
term of the license of the person registering such brand or trade name
label.
Each brand or trade name label registration approved pursuant to this
section shall be valid only for the licensee to whom issued and shall
not be transferable.
(e) If the authority shall deny the application for registration of a
brand or trade name label pursuant to this section, it shall return the
registration fee to the applicant, less twenty-five per centum of such
fee and shall notify the applicant, in writing with the specific reasons
for its denial.
(f) When not inconsistent with the purposes of this subdivision and
whenever necessary to avoid practical difficulties or unnecessary
hardship to any licensee affected by this section, the authority may,
until October first, nineteen hundred sixty-three, exempt any brand from
the fee provisions of this subdivision upon satisfactory showing by the
licensee that such brand is being discontinued. The authority may at any
time exempt any discontinued brand from such fee provisions where a
manufacturer or wholesaler has an inventory of one hundred cases or less
of liquor or wine and five hundred cases or less of beer, and certifies
to the authority in writing that such brand is being discontinued. The
authority may also at any time exempt any discontinued brand from such
fee provisions where a retailer discontinuing a brand owned by him has a
balance of an order yet to be delivered of fifty cases or less of liquor
or wine, or two hundred fifty cases or less of beer.
(g) The authority shall exempt from such fee provisions the
registration of each brand label used for beer that is produced in small
size batches on the licensed premises in batches totalling fifteen
hundred barrels of beer or less annually and that is dispensed or served
exclusively through a vat to tap system for consumption on such premises
or sold or offered for sale to retail customers or used for the purpose
of sampling.
S 108. Restrictions upon licensees. No licensee except the holder of
a brewer`s or distiller`s license or a winery license shall keep or
permit to be kept or consumed on the licensed premises any alcoholic
beverage except the alcoholic beverages which he is permitted to sell
under the terms of the license issued to him.
S 109. Renewals of licenses and permits. 1. Each license and permit,
except a temporary permit effective for one day only, issued pursuant to
this chapter may be renewed upon application therefor by the licensee or
permittee and the payment of the annual fee for such license or permit
as prescribed by this chapter. In the case of applications for renewals,
the liquor authority may dispense with the requirements of such
statements as it deems unnecessary in view of those contained in the
application made for the original license or permit, but in any event
the submission of photographs of the licensed premises shall be
dispensed with provided the applicant for such renewal shall file a
statement with such authority to the effect that there has been no
alteration of such premises since the original license was issued. An
applicant for a retail license for on-premises consumption shall also
submit to the authority a copy of the valid certificate of occupancy or
such other document issued by the local code enforcement agency for the
premises for which the original license was issued. The liquor
authority may make such rules as may be necessary not inconsistent with
this chapter regarding applications for renewals of licenses and permits
and the time for making the same.
1-a. The authority shall provide an application for renewal of a
license issued under section sixty-four or sixty-four-a of this chapter
not less than sixty days prior to the expiration of the current license.
2. In the case of any application for renewal of a license under
sections fifty-five, fifty-five-a, sixty-four, sixty-four-a,
sixty-four-b, eighty-one, and eighty-one-a of this chapter, the liquor
authority shall require the applicant to notify the clerk of the
village, town or city wherein the licensed premises is located, in the
same manner and under the same requirements as set forth in subdivision
two-a of section sixty-four of this chapter.
S 110. Information to be requested in applications for licenses or
permits. 1. The following shall be the information required on an
application for a license or permit:
(a) A statement of identity as follows:
(i) If the applicant is an individual, his name, date and place of
birth, citizenship, permanent home address, telephone number and social
security number, as well as any other names by which he has conducted a
business at any time.
(ii) If the applicant is a corporation, the corporate name of the
applicant, its place of incorporation, its main business address (and if
such main business address is not within the state, the address of its
main place of business within the state), other names by which it has
been known or has conducted business at any time, its telephone number,
its federal employer identification number, and the names, ages,
citizenship, and permanent home addresses of its directors, officers and
its shareholders (except that if there be more than ten shareholders
then those shareholders holding ten percent or more of any class of its
shares).
(iii) If the applicant is a partnership, its name, its main business
address (and if such main business address is not within the state, the
address of its main place of business within the state), other names by
which it has been known or has conducted business at any time, its
telephone number, its federal employer identification number, and the
names, ages, citizenship, and permanent home addresses of each of its
partners.
(b) A statement identifying the street and number of the premises to
be licensed, if the premises have a street and number, and otherwise
such description as will reasonably indicate the locality thereof;
photographs, drawings or other items related to the appearance of the
interior or exterior of such premises, and a floor plan of the interior,
shall be required. The applicant shall also state the nature of his
interest in the premises; and the name of any other person interested as
a partner, joint venturer, investor or lender with the applicant either
in the premises or in the business to be licensed.
(c) A description of any other alcohol beverage license or permit
under this chapter or any other alcoholic beverage control law which,
within the past ten years, the applicant (including any officers,
directors, shareholders or partners listed in the statement of identity
under paragraph (a) of this subdivision or the spouse of any such
person) or the applicant`s spouse held or applied for.
(d) A statement that such applicant or the applicant`s spouse has not
been convicted of a crime addressed by the provisions of section one
hundred twenty-six of this article which would forbid the applicant
(including any officers, directors, shareholders or partners listed in
the statement of identity under paragraph (a) of this subdivision or the
spouse of such person) or the applicant`s spouse to traffic in alcoholic
beverages, a statement whether or not the applicant (including any
officers, directors, shareholders or partners listed in the statement of
identity under paragraph (a) of this subdivision or the spouse of any
such person) or the applicant`s spouse is an official described in
section one hundred twenty-eight of this article, and a description of
any crime that the applicant (including any officers, directors,
shareholders or partners listed under paragraph (a) of this subdivision
or the spouse of any such person) or the applicant`s spouse has been
convicted of and whether such person has received a pardon, certificate
of good conduct or certificate of relief from disabilities; provided,
however, that no person shall be denied any license solely on the
grounds that such person is the spouse of a person otherwise
disqualified from holding a license under this chapter.
(e) A statement that the location and layout of the premises to be
licensed does not violate any requirement of this chapter relating to
location and layout of licensed premises, with a copy of the certificate
of occupancy for the premises.
(f) A statement that the applicant has control of the premises to be
licensed by ownership of a fee interest or a leasehold with a term at
least as long as the license for which the application is being made, or
by a binding contract to acquire the same and a statement of identity
under paragraph (a) of this subdivision for the lessor of any leasehold
with a copy of the lease, contract or deed evidencing fee ownership of
the premises.
(g) A financial statement adequate to show all persons who, directly
or indirectly have an economic interest in the establishment or
acquisition of the business for which the license or permit application
is being made, to identify the sources of funds to be applied in such
establishment or acquisition, and to describe the terms and conditions
governing such establishment with copies of such financial documents as
the authority may reasonably require.
(h) The fingerprints of the applicants.
2. All license or permit applications shall be signed by the applicant
(if an individual), by an officer (if a corporation), or by all partners
(if a partnership). Each person signing such application shall verify it
or affirm it as true under the penalties of perjury.
3. All license or permit applications shall be accompanied by a check,
draft or other forms of payment as the authority may require or
authorize in the amount required by this chapter for such license or
permit.
4. If there be any change, after the filing of the application or the
granting of a license, in any of the facts required to be set forth in
such application, a supplemental statement giving notice of such change,
cost and source of money involved in the change, duly verified, shall be
filed with the authority within ten days after such change. Failure to
do so shall, if willful and deliberate, be cause for revocation of the
license.
5. In giving any notice, or taking any action in reference to a
licensee of a licensed premises, the authority may rely upon the
information furnished in such application and in any supplemental
statement connected therewith, and such information may be presumed to
be correct, and shall be binding upon a licensee or licensed premises as
if correct. All information required to be furnished in such
application or supplemental statements shall be deemed material in any
prosecution for perjury, any proceeding to revoke, cancel or suspend any
license, and in the authority`s determination to approve or deny the
license.
6. The authority may in its discretion waive the submission of any
category of information described in this section for any category of
license or permit, provided that it shall not be permitted to waive the
requirement for submission of any such category of information solely
for an individual applicant or applicants.
7. The authority may, by rule, adopt additional categories of
information which may be reasonably necessary to carry out the
provisions of this section.
S 110-a. Notice of application for certain licenses to be published by
applicant. 1. Every person applying for a license to sell alcoholic
beverages pursuant to subdivision four of section fifty-one, or section
fifty-five, sixty-four, sixty-four-a, sixty-four-c, eighty-one or
eighty-one-a of this chapter shall publish notice thereof pursuant to
subdivision two of this section.
2. All applicants required to publish notice of an application for a
license pursuant to subdivision one of this section shall, in such form
as prescribed by subdivision three of this section, publish such notice
as follows:
(a) Where the prospective licensed premises are located in any county
other than New York, Kings, Queens or Bronx, notice shall be published
once a week for two successive weeks in a daily or weekly newspaper, to
be designated by the county clerk, published in the city, town or
village in which the prospective licensed premises are located, except
that if there shall be no daily or weekly newspaper published in the
city, town or village in which the prospective licensed premises are
located, then such notice shall be published in a daily or weekly
newspaper, to be designated by the county clerk, published in the county
in which the prospective licensed premises are located, once a week for
two successive weeks.
(b) Where the prospective licensed premises are located in the
counties of New York, Kings, Queens or Bronx, such notice shall be
published once a week for two successive weeks in one daily and one
weekly newspaper, to be designated by the county clerk, published in the
county in which the prospective licensed premises are located.
3. Such notice shall be printed in English, in substantially the
following form:
Form of notice for on-premises license. Notice is hereby given that
license (fill in beer, liquor or wine as the case may be, and license
number) has been applied for by the undersigned to sell (beer, liquor or
wine, as the case may be) at retail in a (hotel, club, restaurant,
vessel, car, or other type of establishment, as the case may be) under
the alcoholic beverage control law at (fill in street address, city,
town or village and county in which licensed premises are located) for
on-premises consumption.
(Name of licensee)
(Address of licensee)
4. The provisions of this section shall apply only to the application
for the original license issued to the licensee for the premises.
5. Except for good cause shown, the first publication of such notice
shall be made within ten days after the date of the submission of the
application for such license to the authority. Two original copies of
proof of such publication, in the form set forth in this subdivision
shall be obtained by the applicant for such license, who shall within
fifteen days of receipt of such original copies of such proof, submit
one original copy to the authority, and the second original copy of such
proof shall be retained by the applicant for such license. Except for
good cause shown, the authority shall not issue the license sought by
the applicant unless such proof is submitted within such fifteen-day
period. The form of proof of such publication shall be as follows:
STATE OF NEW YORK)
_________________) SS:
County of .......)
............. of ..................... being duly sworn, says that he is
........... of the publishers of the ...................... (daily) or
(weekly) newspaper (printed and) published in the (city, town, or
village and county) ......................, and that the notice of which
the annexed is a true copy, has been published in said newspaper for two
successive weeks commencing on the ............. day of
..................... 199....
____________________________________________.............................
Sworn to before me this ............. day
of ...................
S 111. License to be confined to premises licensed. A license issued
to any person, pursuant to chapter one hundred eighty of the laws of
nineteen hundred thirty-three or this chapter, for any licensed premises
shall not be transferable to any other person or to any other premises
or to any other part of the building containing the licensed premises
except in the discretion of the authority. It shall be available only to
the person therein specified, and only for the premises licensed and no
other except if authorized by the authority. Provided, however, that
the provisions of this section shall not be deemed to prohibit the
issuance of a license under section seventy-six-b or seventy-six-c of
this chapter. For the purposes of this section each railroad car and
each vessel shall be deemed premises separately to be licensed.
S 112. Bonds of licensees and permittees. The liquor authority may
require the licensees and permittees of one or more of the kinds or
classes described in this chapter to file with it a bond to the people
of the state of New York issued by a surety company, approved by the
superintendent of insurance as to solvency and responsibility and
authorized to transact business in this state, in such penal sum as the
liquor authority may heretofore have prescribed or hereafter shall
prescribe, conditioned that such licensee or permittee will not suffer
or permit any violation of the provisions of this chapter and that all
fines and penalties which shall accrue, during the time the license or
permit shall be in effect, will be paid, together with all costs taxed
or allowed in any action or proceeding brought or instituted for a
violation of any of the provisions of this chapter. A suit to recover on
any bond filed pursuant to chapter one hundred eighty of the laws of
nineteen hundred thirty-three or this chapter may be brought by the
liquor authority or on relation of any party aggrieved, in a court of
competent jurisdiction and in the event that the obligor named in such
bond has violated any of the conditions of such bond, recovery for the
penal sum of such bond may be had in favor of the people of the state.
S 113. Premises for which no license shall be granted. 1. Where a
license for any premises licensed has been revoked, the liquor authority
in its discretion may refuse to issue a license under this chapter, for
a period of two years after such revocation, for such licensed premises
or for any part of the building containing such licensed premises and
connected therewith.
2. In determining whether to issue such a license for such two year
period, in addition to any other factors deemed relevant, the liquor
authority shall, in the case of a license revoked due to the illegal
sale of alcohol to a minor, determine whether the proposed subsequent
licensee has obtained such premises through an arm`s length transaction,
and, if such transaction is not found to be an arm`s length transaction,
the liquor authority shall deny the issuance of such license.
3. For purposes of this section, "arm`s length transaction" shall mean
a sale of a fee or all undivided interests in real property, or lease of
any part thereof, in the open market, between an informed and willing
buyer and seller where neither is under any compulsion to participate in
the transaction, unaffected by any unusual conditions indicating a
reasonable possibility that the sale was made for the purpose of
permitting the original licensee to avoid the effect of the revocation.
The following sales shall be presumed not to be arm`s length
transactions unless adequate documentation is provided demonstrating
that the sale or lease was not conducted, in whole or in part, for the
purpose of permitting the original licensee to avoid the effect of the
revocation:
(a) a sale between relatives;
(b) a sale between related companies or partners in a business; or
(c) a sale or lease affected by other facts or circumstances that
would indicate that the sale or lease is not entered into for the
primary purpose of permitting the original licensee to avoid the effect
of the revocation.
S 114. Licenses, publication, general provisions. 1. All licenses
issued pursuant to this chapter shall be distinctive in color and design
so as to be readily distinguishable from each other.
2. No license shall be transferable or assignable except that
notwithstanding any other provision of law, the license of a sole
proprietor converting to corporate form, where such proprietor becomes
the sole stockholder and only officer and director of such new
corporation, may be transferred to the subject corporation if all
requirements of this chapter remain the same with respect to such
license as transferred and, further, the licensee shall transmit to the
authority, within ten days of the transfer of license allowable under
this subdivision, on a form prescribed by the authority, notification of
the transfer of such license.
3. No license shall be pledged or deposited as collateral security for
any loan or upon any other condition; and any such pledge or deposit,
and any contract providing therefor, shall be void.
4. Licenses issued under this chapter shall contain, in addition to
any further information or material to be prescribed by the rules of the
liquor authority, the following information: (a) Name of person to whom
license is issued; (b) kind of license and what kind of traffic in
alcoholic beverages is thereby permitted; (c) description by street and
number, or otherwise, of licensed premises; (d) a statement in substance
that such license shall not be deemed a property or vested right, and
that it may be revoked at any time pursuant to law.
5. There shall be printed and furnished by the liquor authority to
each licensee a statement of the causes for which licenses may be
revoked. Such statement shall be prepared by the liquor authority and
delivered to the licensee with his license or as soon thereafter as may
be practicable. Any amendments thereto shall also be sent by the liquor
authority to all licensees as soon as may be practicable after such
amendments. Failure to send such statements or changes therein, or
failure to receive the same, or any misstatement or error contained in
such statements or amendments shall, however, not be an excuse or
justification for any violation of law, or prevent, or remit, or
decrease any penalty or forfeiture therefor.
6. Before commencing or doing any business for the time for which a
license has been issued said license shall be enclosed in a suitable
wood or metal frame having a clear glass space and a substantial wood or
metal back so that the whole of said license may be seen therein, and
shall be posted up and at all times displayed in a conspicuous place in
the room where such business is carried on, so that all persons visiting
such place may readily see the same. It shall be unlawful for any person
holding a license to post such license or to permit such license to be
posted upon premises other than the premises licensed, or upon premises
where traffic in alcoholic beverages is being carried on by any person
other than the licensee, or knowingly to deface, destroy or alter any
such license in any respect. Whenever a license shall be lost or
destroyed without fault on the part of the licensee or his agents or
employees, a duplicate license in lieu thereof may be issued by the
liquor authority in its discretion and in accordance with such rules and
regulations and the payment of such fees, not exceeding five dollars, as
it may prescribe.
S 114-a. License or permit issuance and registration approval. No
license or permit shall be issued and no registration approved pursuant
to this chapter until such time as any check or draft submitted for
payment of the required fee has been honored by the payor financial
institution, provided, however, that this provision shall not apply in
the case of a certified check, bank officers` check or money order.
S 115. Rules need not be uniform. Whenever in this chapter the liquor
authority is authorized to adopt rules in respect to a particular
subject or matter, such rules need not be uniform in their application
to the various localities within the jurisdiction of such authority, but
may vary in accordance with a reasonable classification of such
localities.
S 116. Deliveries of alcoholic beverages. No alcoholic beverage shall
be transported within this state by any vehicle unless such vehicle is
owned and operated, or hired and operated by a licensee and unless there
shall be attached to or inscribed upon both sides of such vehicle so as
to be visible from a reasonable distance, a sign setting forth the name
and address of such licensee in such form and with such additional
information as the liquor authority may prescribe; provided, however,
(a) that alcoholic beverages may be transported by a retail licensee to
the home of a purchaser not to be resold by the purchaser; (b) that
alcoholic beverages owned by a person may be transported from place to
place not for purposes of sale; (c) that alcoholic beverages may be
delivered from a licensee to a steamship or railroad station or terminal
for purposes of transportation, and may be delivered from a steamship or
railroad station or terminal to a purchaser for purposes of consumption,
or to a licensee by any bona fide trucking agency holding a permit under
this chapter. In lieu of such sign, a licensee may have in the cab of
such vehicle a photostatic copy of its current license issued by the
authority, and such copy duly authenticated by the authority.
S 117. Transportation of alcoholic beverages. No common carrier or
person operating a transportation facility in this state, other than the
United States government, shall receive for transportation or delivery
within the state any alcoholic beverages unless the shipment is
accompanied by copy of a bill of lading, or other document, showing the
name and address of the consignor, the name and address of the
consignee, the date of the shipment, and the quantity and kind of
alcoholic beverage contained therein.
S 117-a. Unlimited drink offerings prohibited. 1. No licensee, acting
individually or in conjunction with one or more licensees, shall:
(a) offer, sell, serve, or deliver to any person or persons an
unlimited number of drinks during any set period of time for a fixed
price.
(b) allow a person, agent, party organizer, or promoter, as such terms
shall be defined by the authority in rule and regulation, to offer,
sell, serve, or deliver to any person or persons an unlimited number of
drinks during any set period of time for a fixed price.
(c) advertise, promote, or charge a price for drinks that in the
judgment of the authority creates an offering of alcoholic beverages in
violation of the purposes and intent of this section, or which in the
judgment of the authority is an attempt to circumvent the intent and
purposes of this section, such as, but not limited to, offerings of free
drinks, or multiple drinks for free or for the price of a single drink,
or for a low initial price followed by a price increment per hour or
other period of time, or for such a minor amount that in the judgment of
the authority the pricing would constitute an attempt to circumvent the
intent and purposes of this section.
2. As used in this section, licensee means and includes the licensee,
and any employees, or agents of such licensee.
3. With respect to an individual licensee, this section shall not
apply to private functions not opened to the public, such as weddings,
banquets, or receptions, or other similar functions, or to a package of
food and beverages where the service of alcoholic beverages is
incidental to the event or function.
4. The authority shall investigate any documented allegation of a
violation of this section upon a complaint by any person.
5. The authority shall promulgate rules and regulations necessary to
implement the provisions of this section.
S 118. Revocation of licenses for cause. 1. Any license or permit
issued pursuant to this chapter may be revoked, cancelled, suspended
and/or subjected to the imposition of a civil penalty for cause, and
must be revoked for the following causes:
(a) Conviction of the licensee, permittee or his agent or employee for
selling any illegal alcoholic beverages on the premises licensed.
(b) For transferring, assigning or hypothecating a license or permit.
2. Notwithstanding the issuance of a license or permit by way of
renewal, the liquor authority may revoke, cancel or suspend such license
or permit and/or may impose a civil penalty against any holder of such
license or permit, as prescribed by this section and section one hundred
nineteen of this chapter, for causes or violations occurring during the
license period immediately preceding the issuance of such license or
permit, and may recover, as provided in section one hundred twelve of
this chapter, the penal sum of the bond on file during said period.
3. As used in this section, the term "for cause" shall also include
the existence of a sustained and continuing pattern of noise,
disturbance, misconduct, or disorder on or about the licensed premises,
related to the operation of the premises or the conduct of its patrons,
which adversely affects the health, welfare or safety of the inhabitants
of the area in which such licensed premises are located.
S 119. Procedure for revocation or cancellation. 1. Any license or
permit issued by the liquor authority pursuant to chapter one hundred
eighty of the laws of nineteen hundred thirty-three or this chapter may
be revoked, cancelled or suspended and/or be subjected to the imposition
of a monetary penalty in the manner prescribed by this section.
2. The liquor authority may on its own initiative or on complaint of
any person institute proceedings to revoke, cancel or suspend any retail
license and may impose a civil penalty against the licensee after a
hearing at which the licensee shall be given an opportunity to be heard.
Such hearing shall be held in such manner and upon such notice as may be
prescribed by the rules of the liquor authority.
3. All other licenses or permits issued under this chapter may be
revoked, cancelled, suspended and/or made subject to the imposition of a
civil penalty by the liquor authority after a hearing to be held in the
manner to be determined by the rules of the liquor authority.
4. (a) The provisions of this subdivision shall apply in all cases of
licensee or permittee failure after receiving appropriate notice, to
comply with a summons, subpoena or warrant relating to a paternity or
child support proceeding and arrears in payment of child support or
combined child and spousal support referred to the authority by a court
pursuant to the requirements of section two hundred forty-four-c of the
domestic relations law or pursuant to section four hundred fifty-eight-b
or five hundred forty-eight-b of the family court act.
(b) Upon receipt of an order from the court based on arrears in
payment of child support or combined child and spousal support pursuant
to one of the foregoing provisions of law, the authority, if it finds
such person to have been issued a license or permit, shall within thirty
days of receipt of such order from the court, provide notice to the
licensee or permittee of, and initiate, a hearing which shall be held at
least twenty days and no more than thirty days after the sending of such
notice to the licensee or permittee. The hearing shall be solely held
for the purpose of determining whether there exists as of the date of
the hearing proof that full payment of all arrears of support
established by the order of the court to be due from the licensee or
permittee have been paid. Proof of such payment shall be a certified
check showing full payment of established arrears or a notice issued by
the court or the support collection unit, where the order is payable to
the support collection unit designated by the appropriate social
services district. Such notice shall state that full payment of all
arrears of support established by the order of the court to be due have
been paid. The licensee or permittee shall be given full opportunity to
present such proof of payment at the hearing in person or by counsel.
The only issue to be determined by the authority as a result of the
hearing is whether the arrears have been paid. No evidence with respect
to the appropriateness of the court order or ability of the respondent
party in arrears to comply with such order shall be received or
considered by the authority.
(c) Notwithstanding any inconsistent provision of this article or of
any other provision of law to the contrary, such license or permit shall
be suspended if at the hearing, provided for by paragraph (b) of this
subdivision, the licensee or permittee fails to present proof of payment
as required by such subdivision. Such suspension shall not be lifted
unless the court or the support collection unit, where the court order
is payable to the support collection unit designated by the appropriate
social services district, issues notice to the authority that full
payment of all arrears of support established by the order of the court
to be due have been paid.
(d) Upon receipt of an order from the court based on failure to
comply with a summons, subpoena, or warrant relating to a paternity or
child support proceeding, the authority, if it finds such person has
been issued a license or permit, shall within thirty days of receipt of
such order from the court, provide notice to the licensee or permittee
that his or her license shall be suspended in sixty days unless the
conditions in paragraph (e) of this subdivision are met.
(e) Notwithstanding any inconsistent provision of this article or of
any other provision of law to the contrary, such license or permit shall
be suspended in accordance with the provisions of paragraph (c) of this
subdivision unless the court terminates its order to commence suspension
proceedings. Such suspension shall not be lifted unless the court
issues an order to the authority terminating its order to commence
suspension proceedings.
(f) The authority shall inform the court of all actions taken
hereunder as required by law.
(g) This subdivision applies to support obligations paid pursuant to
any order of child support or child and spousal support issued under
provisions of article three-A or section two hundred thirty-six or two
hundred forty of the domestic relations law, or article four, five or
five-A of the family court act.
(h) Notwithstanding any inconsistent provision of this article or of
any other provision of law to the contrary, the provisions of this
subdivision shall apply to the exclusion of any other requirements of
this article and to the exclusion of any other requirement of law to the
contrary.
5. Where a licensee is convicted of two or more qualifying offenses
within a five year period, the authority, upon receipt of notification
of such second or subsequent conviction pursuant to the provisions of
subdivision two of section one hundred six-a of this article, shall, in
addition to any other sanction or civil or criminal penalty imposed
pursuant to this chapter, impose on such licensee a civil penalty not to
exceed five hundred dollars. For purposes of this subdivision, a
qualifying offense shall mean (a) the offense defined in subdivision one
of section sixty-five of this chapter; or (b) the offense defined in
paragraph (b) of subdivision one of section sixty-five-b of this
chapter. For purposes of this subdivision, a conviction of a licensee or
an employee or agent of such licensee shall constitute a conviction of
such licensee.
S 120. Decisions by liquor authority. A decision upon any application
or hearing submitted to or held by the liquor authority shall be
rendered within thirty days after such submission or hearing.
S 120-a. Corporate change; hearing on application. Upon the
disapproval by the authority of an application for a corporate change in
the stockholders, stockholdings, officers or directors the liquor
authority shall provide for a hearing at which the applicant may produce
any evidence it shall desire with reference to such disapproval by the
authority.
S 121. Review by courts. The following actions by the liquor authority
shall be subject to review by the supreme court in the manner provided
in article seventy-eight of the civil practice law and rules provided
that no stay shall be granted pending the determination of the matter
except on notice to the liquor authority and for a period not exceeding
thirty days:
1. Refusal by the liquor authority to issue a license or a permit.
2. The revocation, cancellation or suspension of a license or permit
by the liquor authority.
3. The failure or refusal by the liquor authority to render a decision
within the time required by section one hundred twenty of this article.
4. The transfer by the liquor authority of a license or permit to any
other premises, or the failure or refusal by the liquor authority to
approve such a transfer.
5. The issuance of an order of warning by the liquor authority.
6. Refusal to approve alteration of premises.
7. Refusal to approve a corporate change in stockholders,
stockholdings, officers or directors.
8. Refusal by the liquor authority to grant permission for an
additional bar pursuant to subdivision four of section one hundred of
this chapter.
S 122. Continuance of business by receiver or other representative.
If a corporation or copartnership holding any license or holding a
permit for which an annual fee of one hundred dollars or more is
prescribed by this chapter shall be dissolved, or if a receiver or
assignee for the benefit of creditors be appointed therefor, or if a
receiver, assignee for the benefit of creditors or a committee or
conservator of the property of an individual holding any license or
holding a permit for which an annual fee of one hundred dollars or more
is prescribed by this chapter be appointed, during the time for which
such license or permit was granted, or if a person, including a member
of a copartnership, holding any license or holding a permit for which an
annual fee of one hundred dollars or more is prescribed by this chapter
shall die during the term for which such license or permit was given,
such corporation, copartnership, receiver or assignee, or the
administrator or executor of the estate of such individual, or of such
deceased member of a copartnership, or a committee of the property of a
person adjudged to be incompetent, or a conservator of the property of
an individual, or a petition under title eleven of the United States
code shall have been filed and a trustee has been appointed or the
holder of the license of permit has been permitted to remain in
possession without the appointment of a trustee, may continue to carry
on such business upon such premises for the balance of the term for
which such license or permit was effective, with the same rights and
subject to the same restrictions and liabilities as if he had been the
original applicant for and the original holder, or one of either of
them, of such license or permit, providing the approval of the liquor
authority shall be first obtained. Before continuing such business, such
receiver, assignee, individual, committee, or conservator, debtor in
possession, or trustee in bankruptcy shall file a statement setting
forth in such form and substance as the liquor authority may prescribe
the facts and circumstances by which he has succeeded to the rights of
the original licensee or permittee. The liquor authority may, in its
discretion, permit the continuance of such business or may refuse to do
so. In the event that the authority determines to permit the continuance
of the business, the license or permit shall be submitted to the
authority and shall have affixed thereto a certificate in the form
prescribed by the authority. For each such certificate a fee shall be
paid to the liquor authority of fifty dollars by the applicant, except
in the case of an off-premise beer license, such fee shall be ten
dollars which shall be paid into the same fund as other license fees
herein provided for.
S 123. Injunction for unlawful manufacturing, sale or consumption of
liquor, wine or beer. 1. (a) If any person shall engage or participate
or be about to engage or participate in the manufacturing or sale of
liquor, wine or beer in this state without obtaining the appropriate
license therefor, or shall traffic in liquor, wine or beer contrary to
any provision of this chapter, or otherwise unlawfully, or shall traffic
in illegal liquor, wine or beer, or, operating a place for profit or
pecuniary gain, with a capacity for the assemblage of twenty or more
persons, shall permit a person or persons to come to such place of
assembly for the purpose of consuming alcoholic beverages without having
the appropriate license therefor pursuant to section sixty-four-b of
this chapter, the liquor authority or any taxpayer residing in the city,
village or town in which such activity is or is about to be engaged or
participated in or such traffic is being conducted, or the city, town or
village, may present a verified petition or complaint to a justice of
the supreme court at a special term of the supreme court of the judicial
district in which such city, village or town is situated, for an order
enjoining such person engaging or participating in such activity or from
carrying on such business. Such petition or complaint shall state the
facts upon which such application is based. Upon the presentation of the
petition or complaint, the justice or court shall grant an order
requiring such person to appear before such justice or court at or
before a special term of the supreme court in such judicial district on
the day specified therein, not more than ten days after the granting
thereof, to show cause why such person should not be permanently
enjoined from engaging or participating in such activity or from
carrying on such business, or why such person should not be enjoined
from carrying on such business contrary to the provisions of this
chapter. A copy of such petition or complaint and order shall be served
upon the person, in the manner directed by such order, not less than
three days before the return day thereof. On the day specified in such
order, the justice or court before whom the same is returnable shall
hear the proofs of the parties and may, if deemed necessary or proper,
take testimony in relation to the allegations of the petition or
complaint. If the justice or court is satisfied that such person is
about to engage or participate in the unlawful traffic in alcoholic
beverages or has unlawfully manufactured or sold liquor, wine or beer
without having obtained a license or contrary to the provisions of this
chapter, or has trafficked in illegal liquor, wine or beer, or, is
operating or is about to operate such place for profit or pecuniary
gain, with such capacity, and has permitted or is about to permit a
person or persons to come to such place of assembly for the purpose of
consuming alcoholic beverages without having such appropriate license,
an order shall be granted enjoining such person from thereafter engaging
or participating in or carrying on such activity or business. If, after
the entry of such an order in the county clerk`s office of the county in
which the principal place of business of the corporation or
copartnership is located, or in which the individual so enjoined resides
or conducts such business, and the service of a copy thereof upon such
person, or such substituted service as the court may direct, such
person, copartnership or corporation shall, in violation of such order,
manufacture or sell liquor, wine or beer, or illegal liquor, wine, or
beer, or permit a person or persons to come to such place of assembly
for the purpose of consuming alcoholic beverages, such activity shall be
deemed a contempt of court and be punishable in the manner provided by
the judiciary law, and, in addition to any such punishment, the justice
or court before whom or which the petition or complaint is heard, may,
in his or its discretion, order the seizure and forfeiture of any
liquor, wine or beer and any fixtures, equipment and supplies used in
the operation or promotion of such illegal activity, including any bar,
bar or refrigeration equipment, vending machines, gaming machines and
jukeboxes, and such property shall be subject to forfeiture pursuant to
the provisions of subdivision two of this section. Costs upon the
application for such injunction may be awarded in favor of and against
the parties thereto in such sums as in the discretion of the justice or
court before whom or which the petition or complaint is heard may seem
proper.
(b) The owner, lessor and lessee of a building, erection or place
where alcoholic beverages are unlawfully manufactured, sold, consumed or
permitted to be unlawfully manufactured, sold or consumed may be made
respondents or defendants in the proceeding or action.
2. (a) This seized property shall be delivered by the peace officer,
acting pursuant to his special duties or police officer having made the
seizure to the custody of the authority or the district attorney of the
county wherein the seizure was made as may be directed by the court,
except that in the cities of New York and Buffalo, the seized property
shall be delivered to the custody of the authority or of the police
department of such cities, together with a report of all the facts and
circumstances of the seizure.
(b) It shall be the duty of the authority or such district attorney
or, if the seizure was made in the cities of New York or Buffalo, of the
authority or corporation counsel of such city, as the case may be, to
inquire into the facts of the seizure so reported and if it appears
probable that a forfeiture has been incurred, for the determination of
which the institution of proceedings in the supreme court is necessary,
to cause the proper proceedings to be commenced and prosecuted, at any
time after thirty days from the date of seizure, to declare such
forfeiture, unless, upon inquiry and examination the authority or such
person, as the case may be, decides that such proceedings can not
probably be sustained or that the ends of public justice do not require
that they should be instituted or prosecuted, in which case, the
authority or such person shall cause such seized property to be returned
to the owner thereof.
(c) Notice of the institution of the forfeiture proceeding shall be
served either (i) personally on the owners of the seized property or
(ii) by registered mail to the owners` last known address and by
publication of the notice once a week for two successive weeks in a
newspaper published or circulated in the county wherein the seizure was
made.
(d) Forfeiture shall not be adjudged where the owners established by
preponderance of the evidence that (i) the use of such seized property
was not intentional on the part of any owner, or (ii) said seized
property was used by any person other than an owner thereof, while such
seized property was unlawfully in the possession of a person who
acquired possession thereof in violation of the criminal laws of the
United States, or of any state.
(e) The authority or such person having custody of the seized
property, after such judicial determination of forfeiture, shall, by a
public notice of at least five days, sell such forfeited property at
public sale. The net proceeds of any such sale, after deduction of the
lawful expenses incurred, shall be paid into the general fund of the
county wherein the seizure was made except that the net proceeds of the
sale of property seized in the cities of New York and Buffalo shall be
paid into the respective general funds of such cities.
(f) Whenever any person interested in any property which is seized and
declared forfeited under the provisions of this section files with a
justice of the supreme court a petition for the recovery of such
forfeited property, the justice of the supreme court may restore said
forfeited property upon such terms and conditions as he deems reasonable
and just, if the petitioner establishes either of the affirmative
defenses set forth in paragraph (d) of subdivision two of this section
and that the petitioner was without personal or actual knowledge of the
forfeiture proceeding. If the petition be filed after the sale of the
forfeited property, any judgment in favor of the petitioner shall be
limited to the net proceeds of such sale, after deduction of the lawful
expenses and costs incurred by the seizing party.
(g) No suit or action under this section for wrongful seizure shall be
instituted unless such suit or action is commenced within two years
after the time when the property was seized.
S 124. Liquor authority to be necessary party to certain proceedings.
The state liquor authority shall be made a party to all actions and
proceedings affecting in any manner the submission of the local option
questions provided for in this chapter, or the result of any vote
thereupon; to all actions and proceedings relative to issuance or
revocation of licenses or permits; to all injunction proceedings, and to
all other civil actions or proceedings which in any manner affect the
enjoyment of the privileges or the operation of the restrictions
provided for in this chapter.
S 125. Disposition of moneys received for license fees. The moneys
received for license fees provided for in this chapter shall be turned
over by the liquor authority to the state comptroller. It shall be
placed by the state comptroller in the fund derived from the proceeds of
the taxes on liquor, wine and beer provided for in article eighteen of
the tax law and become a part thereof and be subject to all of the
provisions of law relating to such fund.
S 126. Persons forbidden to traffic in alcoholic beverages. The
following are forbidden to traffic in alcoholic beverages:
1. Except as provided in subdivision one-a of this section, a person
who has been convicted of a felony or any of the misdemeanors mentioned
in section eleven hundred forty-six of the former penal law as in force
and effect immediately prior to September first, nineteen hundred
sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
penal law, unless subsequent to such conviction such person shall have
received an executive pardon therefor removing this disability, a
certificate of good conduct granted by the board of parole, or a
certificate of relief from disabilities granted by the board of parole
or a court of this state pursuant to the provisions of article
twenty-three of the correction law to remove the disability under this
section because of such conviction.
1-a. Notwithstanding the provision of subdivision one of this section,
a corporation holding a license to traffic in alcoholic beverages shall
not, upon conviction of a felony or any of the misdemeanors or offenses
described in subdivision one of this section, be automatically forbidden
to traffic in alcoholic beverages, but the application for a license by
such a corporation shall be subject to denial, and the license of such a
corporation shall be subject to revocation or suspension by the
authority pursuant to section one hundred eighteen of this chapter,
consistent with the provisions of article twenty-three-A of the
correction law. For any felony conviction by a court other than a court
of this state, the authority may request the board of parole to
investigate and review the facts and circumstances concerning such a
conviction, and the board of parole shall, if so requested, submit its
findings to the authority as to whether the corporation has conducted
itself in a manner such that discretionary review by the authority would
not be inconsistent with the public interest. The division of parole may
charge the licensee or applicant a fee equivalent to the expenses of an
appropriate investigation under this subdivision. For any conviction
rendered by a court of this state, the authority may request the
corporation, if the corporation is eligible for a certificate of relief
from disabilities, to seek such a certificate from the court which
rendered the conviction and to submit such a certificate as part of the
authority`s discretionary review process.
2. A person under the age of twenty-one years.
3. A person who is not a citizen of the United States or an alien
lawfully admitted for permanent residence in the United States.
4. A copartnership or a corporation, unless each member of the
partnership, or each of the principal officers and directors of the
corporation, is a citizen of the United States or an alien lawfully
admitted for permanent residence in the United States, not less than
twenty-one years of age, and has not been convicted of any felony or any
of the misdemeanors, specified in section eleven hundred forty-six of
the former penal law as in force and effect immediately prior to
September first, nineteen hundred sixty-seven, or of an offense defined
in section 230.20 or 230.40 of the penal law, or if so convicted has
received, subsequent to such conviction, an executive pardon therefor
removing this disability a certificate of good conduct granted by the
board of parole, or a certificate of relief from disabilities granted by
the board of parole or a court of this state pursuant to the provisions
of article twenty-three of the correction law to remove the disability
under this section because of such conviction; provided however that a
corporation which otherwise conforms to the requirements of this section
and chapter may be licensed if each of its principal officers and more
than one-half of its directors are citizens of the United States or
aliens lawfully admitted for permanent residence in the United States;
and provided further that a corporation organized under the
not-for-profit corporation law or the education law which otherwise
conforms to the requirements of this section and chapter may be licensed
if each of its principal officers and more than one-half of its
directors are not less than twenty-one years of age and none of its
directors are less than eighteen years of age; and provided further that
a corporation organized under the not-for-profit corporation law or the
education law and located on the premises of a college as defined by
section two of the education law which otherwise conforms to the
requirements of this section and chapter may be licensed if each of its
principal officers and each of its directors are not less than eighteen
years of age.
5. (a) A person who shall have had any license issued under this
chapter revoked for cause, until the expiration of two years from the
date of such revocation.
(b) A person not licensed under the provisions of this chapter, who
has been convicted of a violation of this chapter, until the expiration
of two years from the date of such conviction.
6. A corporation or copartnership, if any officer and director or any
partner, while not licensed under the provisions of this chapter, has
been convicted of a violation of this chapter, or has had a license
issued under this chapter revoked for cause, until the expiration of two
years from the date of such conviction or revocation.
* 8. Notwithstanding any of the provisions of this section, the
authority is authorized to waive the citizenship requirements therein,
provided that the applicant otherwise conforms to the requirements of
this section, and the application is for a premises located in the area
leased by the city of New York to the New York World`s Fair 1964-1965
Corporation 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.
* NB Expired January 31, 1966
S 127. Surrender and cancellation of licenses; payment of refunds;
notice to police officials. 1. If a person holding a license to traffic
in alcoholic beverages under the provisions of this chapter, against
whom no complaint, prosecution or action is pending on account of any
violation thereof, shall voluntarily, and before arrest or indictment
for a violation of this chapter, cease to traffic in alcoholic beverages
during the term for which the license fee is paid, such person may
surrender such license to the liquor authority for cancellation and
refund, provided that such license shall have at least one month to run
at the time of such surrender. Such refund shall be computed for full
months less thirty dollars, commencing with the first day of the month
succeeding the one in which such license is surrendered, unless such
surrender be on the first day of the month; and at the same time such
person shall present to the liquor authority a verified petition setting
forth all facts required to be shown by the liquor authority upon such
surrender. The liquor authority shall thereupon compute the amount of
refund then due on said license for the unexpired term thereof, and
shall execute a receipt therefor showing the name of the person to whom
such license was issued, the number thereof, date when issued, amount of
license fee paid therefor, and the date when surrendered for
cancellation, together with the amount of refund due thereon at such
date as computed by it, and the name of the person entitled to receive
the refund. Such receipt shall be delivered by the liquor authority to
the person entitled thereto. If within thirty days from the date of such
surrender and application, the person surrendering such certificate
shall be arrested or indicted for a violation of this chapter, or
proceedings shall be instituted for the cancellation of such
certificate, or an action shall be commenced against him for penalties,
such petition shall not be granted until the final determination of such
proceedings or actions; and if the said petitioner be convicted, or said
action or proceedings be determined against him, the authority may
direct that any refund due thereunder be forfeited or may impose such
other penalty or conditions it may deem appropriate in the circumstances
but if such petitioner be acquitted, or such proceedings or action
against him be dismissed on the merits or, if within such time, no such
action or proceeding shall be brought against such person, then the
liquor authority shall prepare an order for the payment of such refund,
directed to the comptroller, to be paid him, on his audit, upon the
surrender of the receipt theretofore given such person; provided,
however, that if any taxes or penalties imposed by article eighteen of
the tax law or if any civil penalties imposed under this chapter are
unpaid by such person, the amount of such taxes, penalties or civil
penalties shall be deducted from the amount of such refund. Any refunds
due on the surrender and cancellation of licenses pursuant to this
section shall be paid by the comptroller from moneys in his custody,
derived from license fees received pursuant to this chapter.
2. It shall be the duty of the liquor authority, upon the receipt of a
license surrendered for cancellation and refund pursuant to this
section, to immediately serve a written or printed notice upon the
commissioner of police, chief of police, or chief police officer of the
city, borough or village in which the place for which the surrendered
license was issued is situated, or upon the sheriff of the county and a
constable of the town, in case the license was issued for a place
situated in a town and not within any city, borough or village, which
notice shall include a statement of the number of the surrendered
license, the name and place of residence of the holder of the license at
the time of surrender, the location of the place for which the license
was issued and was held at the time of surrender by street and number,
if any, otherwise such apt description as will definitely locate the
premises; the fact that such license has been surrendered; that the
traffic in alcoholic beverages at said premises by any one is not
authorized until a new license has been obtained therefor; and the date
when such license was surrendered for cancellation. Such notice may be
served by registered or certified mail, by inclosing the same in a
post-paid sealed envelope, duly addressed to such officer.
S 127-a. Surrender and cancellation of permits; payment of refunds;
notice to police officials. The procedure prescribed by the provisions
of section one hundred twenty-seven of this chapter shall be applicable
to permits issued pursuant to this chapter. Notwithstanding anything to
the contrary contained in this chapter, no refund shall be payable with
respect to any special permit issued pursuant to section ninety-nine-c.
S 127-b. Payment of refunds on special permits and notice to police
officers. Where a special permit to remain open until three
antemeridian has been issued under subdivision two of section
ninety-nine of this chapter, in a county where a regulation of a local
board further restricting the hours during which alcoholic beverages may
be sold for on-premises consumption shall have been rescinded by such
local board during the period for which the special permit was issued,
the holder of such special permit shall be entitled to a refund computed
for full months commencing with the first day of the month succeeding
the month in which the rescission of the local regulation occurred. The
procedure with reference to the payment of refunds and notice to police
officials shall be as nearly as possible the same as outlined in section
one hundred and twenty-seven of this chapter.
S 127-c. Refunds on licenses and permits erroneously or unlawfully
cancelled, revoked or suspended. If a license or permit issued under
this chapter is cancelled, revoked or suspended and thereafter the
action of the state liquor authority effecting such cancellation,
revocation or suspension is reversed or annulled, upon application made
within six months of the date of such judgment of reversal or annulment
there shall be refunded to such licensee or his assignee such proportion
of the fee paid for such license or permit as the period that such
licensee or permittee has not had the beneficial use of such license or
permit by reason of such cancellation, revocation or suspension bears to
the full period for which the license or permit was issued. The
provisions of section one hundred twenty-seven of this chapter so far as
they can be made applicable and are not inconsistent with this section,
shall govern the procedure to be followed in making application for
refunds under this section.
S 127-d. Refunds on over-payment of fees; permit not issued. Monies
heretofore or hereafter received by the authority pursuant to this
chapter may, within three years from the receipt thereof, be refunded to
the applicant for the license or permit, on satisfactory proof that:
a. Such monies were in excess of the amount required by this chapter,
to the extent of such excess.
b. The permit for which application was made has not been issued.
Such refunds shall, upon approval by the authority and after audit by
the state comptroller, be paid from any monies in the custody of the
comptroller, derived from fees received pursuant to this chapter.
S 128. Certain officials not to be interested in manufacture or sale
of alcoholic beverages. 1. Except as otherwise provided in section one
hundred twenty-eight-a, it shall be unlawful for any police
commissioner, police inspector, captain, sergeant, roundsman, patrolman
or other police official or subordinate of any police department in the
state, to be either directly or indirectly interested in the manufacture
or sale of alcoholic beverages or to offer for sale, or recommend to any
licensee any alcoholic beverages. A person may not be denied any
license granted under the provisions of sections fifty-four, fifty-five,
fifty-nine, sixty-three, sixty-four, seventy-nine, eighty-one, or
article seven of this chapter solely on the grounds of being the spouse
of a public servant described in this subdivision. The solicitation or
recommendation made to any licensee, to purchase any alcoholic beverages
by any police official or subordinate as hereinabove described, shall be
presumptive evidence of the interest of such official or subordinate in
the manufacture or sale of alcoholic beverages.
2. No elective village officer shall be subject to the limitations set
forth in subdivision one of this section unless such elective village
officer shall be assigned duties directly relating to the operation or
management of the police department.
S 128-a. Police officers allowed to work in licensed premises in
certain cases. Notwithstanding any inconsistent provision of law to the
contrary, the authority shall promulgate such rules and regulations as
may be necessary to provide that it shall not be unlawful for a police
officer employed in this state, having written permission and consent
from his commanding officer, to work in a premises licensed to sell beer
at retail for off-premises consumption under section fifty-four of this
chapter or to work solely as a security guard or director of traffic on
the premises of a volunteer firefighters` organization licensed to sell
beer and wine at retail pursuant to a temporary permit for on-premises
consumption under section ninety-seven of this chapter.
S 129. Surrender of license; notice to police officials. Within three
days after a license shall have been revoked pursuant to this chapter,
notice thereof shall be given to the licensee by mailing such notice
addressed to him at the premises licensed. Notice shall also be mailed
to the owner of the premises licensed. The holder of such license shall
thereupon surrender same to the liquor authority. The mailing thereof
by the licensee to the liquor authority by registered mail or insured
parcel post shall be deemed sufficient compliance with this section. The
liquor authority, immediately upon giving notice of revocation, shall
serve a written notice thereof upon the commissioner of police, chief of
police or chief police officer of the city, or village in which the
premises for which the revoked license was issued is situated, or upon
the sheriff of the county or a constable of the town in case the license
was issued for premises situated in a town and not within any city or
village. Such notice shall include a statement of the number of such
license, the name and place of residence of the holder thereof, the
location of the licensed premises, and the date when such license was
revoked. In case such license be not forthwith surrendered, the liquor
authority shall issue a written demand for the surrender of such license
and deliver said demand to the sheriff of the county in which the
licensed premises are located, or to any representative of the liquor
authority, and said sheriff or representative shall immediately take
possession of such license and return the same to the liquor authority.
S 130. Penalties for violations of chapter. 1. Any person who
manufactures for sale or sells alcoholic beverages, other than the
illicit alcoholic beverages as defined in section one hundred fifty,
without having an appropriate license therefor, or whose license has
been revoked, surrendered or cancelled, shall be guilty of a
misdemeanor, and upon first conviction thereof shall be punished by a
fine not more than two times the cost of a special on premises license
in the county where the unlawful act took place or by imprisonment in a
county jail or penitentiary for a term of not less than thirty days nor
more than one year or both and upon second conviction thereof shall be
punished by a fine not less than two times and not more than three times
the cost of a special on premises license in the county where the
unlawful act took place or by imprisonment in a county jail or
penitentiary for a term of not less than thirty days nor more than one
year or both and upon all subsequent convictions thereof shall be
punished by a fine not less than three times and not more than four
times the cost of a special on premises license in the county where the
unlawful act took place or by imprisonment in a county jail or
penitentiary for a term of not less than thirty days nor more than one
year or both provided, however, that in default of payment of any fine
imposed, such person shall be imprisoned in a county jail or
penitentiary for a term of not less than thirty days.
1-a. Any licensee, whose license has been suspended pursuant to the
provisions of this chapter, who sells alcoholic beverages during the
suspension period, shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of not more than two hundred dollars
or by imprisonment in a county jail or penitentiary for a term of not
more than six months, or by both such fine and imprisonment.
2. Any person who shall make any false statement in the application
for a license or a permit under this chapter shall be guilty of a
misdemeanor, and upon conviction thereof shall be punishable by a fine
of not more than two hundred dollars, or by imprisonment in a county
jail or penitentiary for a term of not more than six months or both.
3. Any violation by any person of any provision of this chapter for
which no punishment or penalty is otherwise provided shall be a
misdemeanor, provided, however, that the provisions of this subdivision
shall not apply to the prohibitions provided for in subdivision six-a of
section one hundred six of this chapter.
4. In the city of New York, a summons shall be issued for a violation
of the provisions of subdivision fourteen of section one hundred and
five, section one hundred and five-a and subdivision five of section one
hundred and six of this chapter in the same manner as provided by
subdivision h of section one hundred and sixteen of the New York city
criminal courts act.
5. Any violation by any person of the alcoholic beverage control law
for which no punishment or penalty is otherwise provided shall be a
misdemeanor, provided, however, that the provisions of this subdivision
shall not apply to the prohibitions provided for in subdivision six-a of
section one hundred six of this chapter.
S 131. New York alcoholic beverage control problem premises task
force. 1. There is hereby created within the authority the New York
alcoholic beverage control problem premises task force (hereinafter
"task force"), which shall consist of employees of the authority as
designated by the members of the authority, provided however, that the
task force shall include at least one investigator from the Albany
office, one investigator from the Buffalo office, and one investigator
from the New York city office.
2. In any case where the authority receives notification from the
mayor, chief of police, police commissioner, sheriff, or local
legislative body of any city, town or village which certifies that
continued operation of an on-premises establishment poses a significant
threat to the public health, safety, or welfare requiring immediate
action, the authority shall assign responsibility for conducting an
investigation concerning such premises to the task force. 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 premises is located shall be considered the
appropriate local legislative body.
3. Not more than fourteen calendar days after receipt by the authority
of a notification as provided in this section, the task force shall
commence an investigation into the operation of the establishment. The
task force shall complete its investigation and the authority shall
commence a disciplinary hearing proceeding pursuant to this chapter for
revocation or other appropriate action within forty-five calendar days,
unless the task force determines in written findings that no
disciplinary charges are warranted. A copy of any such determination
shall be sent to the mayor, chief of police, police commissioner,
sheriff, or local legislative body of the city, town or village that
filed the notification with the authority. The authority shall notify
the mayor, chief of police, police commissioner, sheriff, or local
legislative body of the city, town or village that filed the
notification to the authority of the final disposition of the
disciplinary proceeding within ten business days of the completion of
this process.