STATE OF NEW YORK ________________________________________________________________________ 9244 IN ASSEMBLY February 22, 2024 ___________ Introduced by M. of A. STIRPE -- read once and referred to the Committee on Economic Development AN ACT to amend chapter 118 of the laws of 2012 amending the alcoholic beverage control law relating to the powers of the chairman and members of the authority, in relation to the effectiveness of certain provisions thereof (Part A); to amend the alcoholic beverage control law, in relation to providing for certain temporary permits (Part B); to amend the alcoholic beverage control law, in relation to authorizing special permits to remain open during certain hours of the morning (Part C); to amend the alcoholic beverage control law, in relation to permitting certain retail licensees to purchase wine and liquor from certain other retail licensees (Part D); to amend the alcoholic beverage control law, in relation to permissible sales by license holders (Part E); to amend the alcoholic beverage control law, in relation to allowing multiple off-premises licenses (Part F); to amend the alcoholic beverage control law, in relation to licensing restrictions for manufacturers and wholesalers of alcoholic beverages and retail licensees (Part G); to amend the alcoholic beverage control law, in relation to the approval of seven day licenses to sell liquor at retail for consumption off the premises (Part H); to amend the alcoholic beverage control law, in relation to adjusting licensing fees regarding certain alcoholic beverages (Part I); to amend the alcoholic beverage control law, in relation to notifying munici- palities of the filing of certain applications (Part J); to amend the alcoholic beverage control law, in relation to changes of ownership of a licensed business (Part K); to amend the alcoholic beverage control law, in relation to the issuance of temporary retail permits; and to amend chapter 396 of the laws of 2010 amending the alcoholic beverage control law relating to liquidator's permits and temporary retail permits, in relation to the effectiveness thereof (Part L); to amend the alcoholic beverage control law, in relation to establishing a temporary wholesale permit and allowing multiple wholesale licenses owned by the same person or entity to be located at the same premises (Part M); to amend the alcoholic beverage control law, in relation to licenses issued for on-premises consumption within certain distances of a building occupied as a school, church, synagogue or other place of worship with consent of such building's owner or administrator EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11092-11-4
A. 9244 2 (Part N); to amend the alcoholic beverage control law, in relation to permitting licenses for premises located within five hundred feet of other premises outside of certain counties (Part O); and to repeal subdivision 2 of section 105 of the alcoholic beverage control law, in relation to requiring wine and liquor be sold at street level (Part P) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement certain provisions regarding licensing and sales 3 under the alcoholic beverage control law. Each component is wholly 4 contained within a Part identified as Parts A through P. The effective 5 date for each particular provision contained within such Part is set 6 forth in the last section of such Part. Any provision in any section 7 contained within a Part, including the effective date of the Part, which 8 makes a reference to a section "of this act", when used in connection 9 with that particular component, shall be deemed to mean and refer to the 10 corresponding section of the Part in which it is found. Section three of 11 this act sets forth the general effective date of this act. 12 PART A 13 Section 1. Section 4 of chapter 118 of the laws of 2012 amending the 14 alcoholic beverage control law relating to the powers of the chairman 15 and members of the authority, as amended by chapter 124 of the laws of 16 2021, is amended to read as follows: 17 § 4. This act shall take effect immediately [and shall expire and be 18 deemed repealed twelve years after such date]. 19 § 2. This act shall take effect immediately. 20 PART B 21 Section 1. Subdivision 1 of section 98 of the alcoholic beverage 22 control law, as amended by chapter 703 of the laws of 2022, is amended 23 to read as follows: 24 1. The liquor authority is hereby authorized to issue to a retail 25 licensee for on-premises consumption or a licensed off-premises caterer 26 furnishing provisions and service for use at a particular function, 27 occasion or event in a hotel, restaurant, club, ballroom or other prem- 28 ises a temporary [indoor] permit effective for a period not to exceed 29 twenty-four consecutive hours, which shall authorize the service of 30 alcoholic beverages at such function, occasion or event within the 31 hours, fixed by or pursuant to subdivision five of section one hundred 32 six of this chapter, during which alcoholic beverages may lawfully be 33 sold or served upon premises licensed to sell alcoholic beverages at 34 retail for on-premises consumption in the community in which is located 35 the premises in which such function, occasion or event is held. The fee 36 therefor shall be thirty-eight dollars. Such a permit and the exercise 37 of the privilege granted thereby may be subjected to such rules by the 38 liquor authority as it deems necessary and such rules as are in conform- 39 ity with the provisions of subdivision two of this section. Such a 40 permit may also be issued for functions, occasions or events at premises 41 for which a summer license has been previously issued pursuant to this 42 chapter.
A. 9244 3 1 § 2. Subdivision 1 of section 97 of the alcoholic beverage control 2 law, as amended by section 19 of part Z of chapter 85 of the laws of 3 2002, is amended to read as follows: 4 1. The liquor authority is hereby authorized to issue temporary 5 permits effective for a period not to exceed twenty-four consecutive 6 hours to authorize the sale of beer [and], wine [manufactured in New 7 York state], cider, mead and/or braggot, and liquor at outdoor or indoor 8 gatherings, functions, occasions or events, within the hours fixed by or 9 pursuant to subdivision five of section one hundred six of this chapter, 10 during which alcoholic beverages may lawfully be sold or served upon 11 premises licensed to sell alcoholic beverages at retail for on-premises 12 consumption in the community in which is located the premises in which 13 such gathering, function, occasion or event is held. The fee for such 14 permit shall be twenty-six dollars. Such permit and the exercise of the 15 privilege granted thereby shall be subject to such rules of the liquor 16 authority as it deems necessary. 17 § 3. This act shall take effect immediately, and shall apply to all 18 applications received by the state liquor authority on and after such 19 date. 20 PART C 21 Section 1. Subdivision 1 of section 99 of the alcoholic beverage 22 control law, as amended by section 22 of part Z of chapter 85 of the 23 laws of 2002, is amended to read as follows: 24 1. Any person licensed to sell alcoholic beverages for consumption on 25 the premises pursuant to this chapter may apply to the liquor authority 26 for a special permit [to remain open on any week day between the hours 27 of four o'clock a.m. or the closing hour prescribed by a rule adopted in 28 a county on or before April first, nineteen hundred ninety-five or 29 pursuant to subdivision eleven of section seventeen of this chapter, and 30 eight o'clock a.m]. A permit issued under this section shall authorize 31 the holder of a retail on-premises license to sell or serve alcoholic 32 beverages for consumption on the premises on the morning of January 33 first between four o'clock a.m. or such other hour that the sale of 34 alcoholic beverages for on-premises consumption must cease in the commu- 35 nity in which the licensed premises is located, and eight o'clock a.m. 36 The fee for such permit shall be fifty-one dollars per day. 37 § 2. This act shall take effect on the sixtieth day after it shall 38 have become a law. Effective immediately, the addition, amendment and/or 39 repeal of any rule or regulation necessary for the implementation of 40 this act on its effective date are authorized to be made and completed 41 on or before such effective date. 42 PART D 43 Section 1. Section 106 of the alcoholic beverage control law is 44 amended by adding a new subdivision 2-b to read as follows: 45 2-b. Notwithstanding any provision of this chapter to the contrary, a 46 retail licensee for on-premises consumption shall be authorized to 47 purchase up to twelve bottles of wine and liquor per week from an off- 48 premises retail licensee, and may resell any wine and liquor so 49 purchased for consumption on the premises licensed therefor. 50 § 2. Section 105 of the alcoholic beverage control law is amended by 51 adding a new subdivision 25 to read as follows:
A. 9244 4 1 25. Notwithstanding any provision of this chapter to the contrary, a 2 retail licensee to sell liquor and/or wine for consumption off the prem- 3 ises shall be authorized to sell up to twelve bottles of wine and liquor 4 per week to a retail licensee for on-premises consumption. 5 § 3. This act shall take effect immediately. 6 PART E 7 Section 1. Subdivision 4 of section 63 of the alcoholic beverage 8 control law, as amended by chapter 24 of the laws of 2024, is amended to 9 read as follows: 10 4. No licensee under this section shall be engaged in any other busi- 11 ness on the licensed premises. The sale of any of the following shall 12 not constitute engaging in another business within the meaning of this 13 subdivision: 14 (a) lottery tickets, when duly authorized and lawfully conducted[, the 15 sale of]; 16 (b) reusable bags as defined in section 27-2801 of the environmental 17 conservation law[, the sale of]; 18 (c) corkscrews [or the sale of]; 19 (d) ice [or the sale of]; 20 (e) publications, including prerecorded video and/or audio cassette 21 tapes, or educational seminars, designed to help educate consumers in 22 their knowledge and appreciation of alcoholic beverages, as defined in 23 section three of this chapter and allowed pursuant to their license[, or 24 the sale of]; 25 (f) non-carbonated, non-flavored mineral waters, spring waters and 26 drinking waters [or the sale of]; 27 (g) glasses designed for the consumption of wine or liquor, racks 28 designed for the storage of wine, and devices designed to minimize 29 oxidation in bottles of wine which have been uncorked[, or the sale of]; 30 (h) gift bags, gift boxes, associated gift or promotional items, or 31 wrapping, for alcoholic beverages purchased at the licensed premises 32 [shall not constitute engaging in another business within the meaning of 33 this subdivision]; 34 (i) tonic water; 35 (j) bitters; 36 (k) maraschino cherries; and 37 (l) dealcoholized wine. 38 Any fee obtained from the sale of an educational seminar shall not be 39 considered as a fee for any tasting that may be offered during an educa- 40 tional seminar, provided that such tastings are available to persons who 41 have not paid to attend the seminar and all tastings are conducted in 42 accordance with section sixty-three-a of this article. For the purposes 43 of this section, gift or promotional items shall only include those 44 items that are complimentary and directly associated with the sale of 45 wine or liquor they are promoting and shall mean: (i) items that are de 46 minimis in value, but in no instance shall merchandise be valued at more 47 than fifteen dollars in total; (ii) items that are imprinted with the 48 wine or liquor brand logo on the gift or promotional item; and (iii) 49 items that are included as part of a manufactured pre-sealed package 50 with the wine or liquor that is being gifted or promoted. Further, for 51 the purposes of this section, promotional items shall not include any 52 food, non-alcoholic beverage, or other drink or food mix, nor shall 53 these items be offered for sale to the general public as individual 54 items.
A. 9244 5 1 § 2. Paragraph (a) of subdivision 1 of section 104 of the alcoholic 2 beverage control law, as amended by chapter 24 of the laws of 2024, is 3 amended to read as follows: 4 (a) No wholesaler shall be engaged in any other business on the prem- 5 ises to be licensed; except that nothing contained in this chapter 6 shall: (1) prohibit a beer wholesaler from (i) acquiring, storing or 7 selling non-alcoholic snack foods, as defined in paragraph (b) of this 8 subdivision, (ii) manufacturing, bottling, storing, or selling non-alco- 9 holic carbonated beverages, (iii) manufacturing, storing or selling 10 non-alcoholic non-carbonated soft drinks, mineral waters, spring waters, 11 drinking water, non-taxable malt or cereal beverages, juice drinks, 12 fruit or vegetable juices, ice, liquid beverage mixes and dry or frozen 13 beverage mixes, (iv) acquiring, storing or selling wine products, (v) 14 the sale of promotional items on such premises, or (vi) the sale of 15 tobacco products at retail by wholesalers who are licensed to sell beer 16 and other products at retail; (2) prohibit a wholesaler authorized to 17 sell wine from manufacturing, acquiring or selling wine merchandise, as 18 defined in paragraph (d) of this subdivision; (3) prohibit a licensed 19 winery or licensed farm winery from engaging in the business of a wine 20 wholesaler for New York state labeled wines produced by any licensed 21 winery or licensed farm winery or prohibit such wine wholesaler from 22 exercising any of its rights pursuant to sections seventy-six and seven- 23 ty-six-a of this chapter provided that the operation of such beer and 24 wine wholesalers business shall be subject to such rules and regulations 25 as the liquor authority may prescribe; (4) prohibit a beer wholesaler 26 who is authorized to sell beer at retail from selling at retail: (i) 27 candy, chewing gum and cough drops; (ii) non-refrigerated salsa; (iii) 28 cigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue 29 and picnic-related products and supplies, which shall include, but not 30 be limited to, charcoal, grills, propane gas, plastic and paper cups, 31 paper or plastic tablecloths and coolers; (v) beer making and brewing 32 supplies and publications, which shall include, but not be limited to, 33 books, magazines, equipment and ingredients; (vi) steins, mugs and other 34 glassware appropriate for the consumption of beer, malt beverages and 35 wine products; (vii) items typically used to serve beer and malt bever- 36 ages including, but not limited to, taps, kegerators, koozies and beer 37 socks; (viii) lemons, limes and oranges, provided that no more than two 38 dozen of each shall be displayed at any one time; (ix) rock salt, ice 39 and snow melting compounds, snow shovels; windshield washer solvent; 40 firewood; beach umbrellas; sunglasses and sun block; and (x) prepaid 41 telephone cards; (5) prohibit the installation and operation of a single 42 automated teller machine in the premises of a beer wholesaler who is 43 authorized to sell beer at retail; [or] (6) prohibit a liquor or a wine 44 wholesaler from transporting or selling gifts or promotional items asso- 45 ciated with wine or liquor products as provided for in subdivision four 46 of section sixty-three of this chapter; or (7) prohibit a liquor whole- 47 saler from transporting or selling tonic water, bitters, maraschino 48 cherries or dealcoholized wine. For the purposes of this subdivision, 49 "automated teller machine" means a device which is linked to the 50 accounts and records of a banking institution and which enables consum- 51 ers to carry out banking transactions, including but not limited to, 52 account transfers, deposits, cash withdrawals, balance inquiries and 53 loan payments. 54 § 3. This act shall take effect immediately. 55 PART F
A. 9244 6 1 Section 1. Subdivision 5 of section 63 of the alcoholic beverage 2 control law is amended to read as follows: 3 5. Not more than [one license] two licenses shall be granted to any 4 person under this section. 5 § 2. This act shall take effect immediately. 6 PART G 7 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of 8 section 101 of the alcoholic beverage control law, as amended by chapter 9 318 of the laws of 2016, is amended to read as follows: 10 Be interested directly or indirectly in any premises licensed under 11 this chapter where any alcoholic beverage is sold at retail; or in any 12 business licensed under this chapter devoted wholly or partially to the 13 sale of any alcoholic beverage at retail by stock ownership, interlock- 14 ing directors, mortgage or lien or any personal or real property, or by 15 any other means. The provisions of this paragraph shall not apply to 16 § 2. The opening paragraph of paragraph (a) of subdivision 13 of 17 section 106 of the alcoholic beverage control law, as amended by chapter 18 453 of the laws of 2018, is amended to read as follows: 19 No retail licensee for on-premises consumption shall be interested, 20 directly or indirectly, in any premises licensed under this chapter 21 where liquors, wines or beer are manufactured or sold at wholesale, by 22 stock ownership, interlocking directors, mortgage or lien on any 23 personal or real property or by any other means, except that liquors, 24 wines or beer may be manufactured or sold wholesale by the person 25 licensed as a manufacturer or wholesaler thereof: 26 § 3. This act shall take effect immediately. 27 PART H 28 Section 1. Subdivision 6 of section 63 of the alcoholic beverage 29 control law, as added by chapter 1024 of the laws of 1965, is amended to 30 read as follows: 31 6. Determinations under this section with respect to approving the 32 issuance of a new license or under section one hundred eleven of this 33 chapter with respect to the transfer to any other premises of a license 34 issued hereunder, shall be made [in accordance with public convenience 35 and advantage] unless there is good cause shown for disapproval by the 36 liquor authority. 37 § 2. Subdivision 4 of section 79 of the alcoholic beverage control 38 law, as added by chapter 1024 of the laws of 1965, is amended to read as 39 follows: 40 4. Determinations under this section with respect to approving the 41 issuance of a new license or under section one hundred eleven of this 42 chapter with respect to the transfer to any other premises of a license 43 issued hereunder shall be made [in accordance with public convenience 44 and advantage] unless there is good cause shown for disapproval by the 45 liquor authority. 46 § 3. This act shall take effect immediately. 47 PART I 48 Section 1. Subdivisions 3 and 4 of section 93 of the alcoholic bever- 49 age control law, subdivision 3 as amended by section 12 of part Z of
A. 9244 7 1 chapter 85 of the laws of 2002 and subdivision 4 as amended by chapter 2 297 of the laws of 2016, are amended to read as follows: 3 3. The license fee for such permit shall be [twenty-six] twenty-five 4 dollars per year, or for any part thereof, and the permit shall be 5 issued for the calendar year. 6 4. Notwithstanding the foregoing provisions of this section, any duly 7 licensed manufacturer or wholesaler may apply to the liquor authority 8 for an annual temporary solicitor's employment permit. Such permit shall 9 authorize such manufacturer or wholesaler to employ one or more persons 10 as a solicitor for a period of not exceeding six months provided that 11 within sixty days after such employee has been employed as a solicitor 12 such employee shall file [his] their application for a solicitor's 13 permit with the liquor authority. The license fee for such permit shall 14 be [thirty-eight] thirty-five dollars per year, or for any part thereof, 15 and the permit shall be issued for the calendar year. Such permit and 16 the exercise of the privileges hereby granted thereunder, shall be 17 subject to such terms and conditions as may be prescribed by the liquor 18 authority. 19 § 2. Subdivision 2 of section 94 of the alcoholic beverage control 20 law, as amended by section 14 of part Z of chapter 85 of the laws of 21 2002, is amended to read as follows: 22 2. Such permit shall be issued for the calendar year, and may cover 23 one or more trucks and in cities having a population of one million or 24 less to duly licensed taxicabs used to deliver only wine or liquor sold 25 at retail and the fee therefor shall be at the rate of [fifty-one] fifty 26 dollars per truck or such duly licensed taxicab per year. 27 § 3. Section 97 of the alcoholic beverage control law, as amended by 28 chapter 204 of the laws of 1963, the section heading as amended by chap- 29 ter 363 of the laws of 1977, subdivisions 1 and 2 as amended by section 30 19 of part Z of chapter 85 of the laws of 2002, and subdivision 4 as 31 added by chapter 120 of the laws of 2012, is amended to read as follows: 32 § 97. Temporary beer and wine permit. 1. The liquor authority is here- 33 by authorized to issue temporary permits effective for a period not to 34 exceed twenty-four consecutive hours to authorize the sale of beer and 35 wine manufactured in New York state at outdoor or indoor gatherings, 36 functions, occasions or events, within the hours fixed by or pursuant to 37 subdivision five of section one hundred six of this chapter, during 38 which alcoholic beverages may lawfully be sold or served upon premises 39 licensed to sell alcoholic beverages at retail for on-premises consump- 40 tion in the community in which is located the premises in which such 41 gathering, function, occasion or event is held. The fee for such permit 42 shall be [twenty-six] twenty-five dollars. Such permit and the exercise 43 of the privilege granted thereby shall be subject to such rules of the 44 liquor authority as it deems necessary. 45 2. The liquor authority is hereby authorized to issue an annual permit 46 to brewers and beer wholesalers authorizing such licensees to sell beer 47 for consumption at outdoor or indoor gatherings, functions, occasions or 48 events, provided that such gatherings are not open to admission to the 49 general public nor is admission thereto made contingent upon the payment 50 of an admission fee, donation or contribution, and further provided that 51 such beer is not resold at such gatherings. Every brewer or beer whole- 52 saler to whom a permit shall be issued hereunder shall require every 53 person to whom beer shall be sold for use at such gatherings to make, 54 execute and file with such brewer or beer wholesaler, upon a form to be 55 prescribed by the liquor authority, a statement, that the beer purchased 56 by such person will not be sold or offered for sale by such person. Such
A. 9244 8 1 statement shall be accepted for all purposes as the equivalent of an 2 affidavit, and if false, shall subject the person making and executing 3 the same to the same penalties as if [he had] they have been duly sworn. 4 Such permit shall be issued in the form prescribed by the liquor author- 5 ity and shall run concurrently with the annual term of the brewer's 6 license or of the wholesale beer license, and the fee for such permit 7 shall be [sixty-four] sixty dollars. Such a permit and the exercise of 8 the privileges granted thereunder shall be subject to such rules by the 9 liquor authority as it deems necessary. The provisions hereof shall not 10 apply to the sale of beer for consumption in the home. 11 [4.] 3. The liquor authority is hereby authorized to issue a temporary 12 permit effective for a period not to exceed twenty-four consecutive 13 hours to any holder of a license to manufacture wine in this or any 14 other state, to sell wine at outdoor or indoor gatherings, functions, 15 occasions, or events, provided that such manufacturer produces not more 16 than one hundred fifty thousand gallons of wine annually. The fee for 17 such permit shall be [twenty-six] twenty-five dollars. 18 § 4. Paragraph (b) of subdivision 2 and subdivision 4 of section 97-a 19 of the alcoholic beverage control law, as added by chapter 396 of the 20 laws of 2010, are amended to read as follows: 21 (b) the applicant shall have filed with the authority an application 22 for a temporary retail permit, accompanied by a nonrefundable filing fee 23 of one hundred [twenty-eight] twenty-five dollars for all retail beer 24 licenses or six hundred forty dollars for all other retail licenses; 25 4. A temporary retail permit issued by the authority pursuant to this 26 section shall be for a period not to exceed ninety days. A temporary 27 permit may be extended at the discretion of the authority, for an addi- 28 tional thirty day period upon payment of an additional fee of [sixty- 29 four] sixty dollars for all retail beer licenses and [ninety-six] nine- 30 ty-five dollars for all other temporary permits and upon compliance with 31 all conditions required in this section. The authority may, in its 32 discretion, issue additional thirty day extensions upon payment of the 33 appropriate fee. 34 § 5. Subdivisions 2 and 3 of section 99-d of the alcoholic beverage 35 control law, subdivision 2 as amended by chapter 560 of the laws of 2011 36 and subdivision 3 as amended by section 24 of part Z of chapter 85 of 37 the laws of 2002, are amended to read as follows: 38 2. Before any change in the members of a limited liability company or 39 the transfer or assignment of a membership interest in a limited liabil- 40 ity company or any corporate change in stockholders, stockholdings, 41 alcoholic beverage officers, officers or directors, except officers and 42 directors of a premises licensed as a club or a luncheon club under this 43 chapter can be effectuated for the purposes of this chapter, there shall 44 be filed with the liquor authority an application for permission to make 45 such change and there shall be paid to the liquor authority in advance 46 upon filing of the application a fee of one hundred [twenty-eight] twen- 47 ty-five dollars. 48 (a) The provisions of this section shall not be applicable where there 49 are ten or more stockholders and such change involves less than ten per 50 centum of the stock of the corporation and the stock holdings of any 51 stockholder are not increased thereby to ten per centum or more of the 52 stock. 53 (b) Where the same corporation operates two or more premises separate- 54 ly licensed under this chapter a separate corporate change shall be 55 filed for each such licensed premises, except as otherwise provided for 56 by rule of the liquor authority. The corporate change fee provided for
A. 9244 9 1 herein shall not be applicable to more than one license held by the same 2 corporation. 3 (c) Notwithstanding any corporate change approved by the authority, a 4 licensed corporation or limited liability company shall be bound by the 5 representations set forth in the original application and any amendments 6 thereto approved by the authority. 7 3. Before any removal of a license to any premises other than the 8 licensed premises or to any other part of the building containing the 9 licensed premises, the licensee shall make an application to the liquor 10 authority for permission to effect such removal and shall pay to the 11 liquor authority in advance upon filing of the application a fee of one 12 hundred [ninety-two] ninety dollars where the base license fee is five 13 hundred dollars or more and [thirty-two] thirty dollars in all other 14 instances. 15 § 6. Paragraphs (a) and (b) of subdivision 4 of section 100 of the 16 alcoholic beverage control law, as amended by chapter 423 of the laws of 17 2016, are amended to read as follows: 18 (a) if the licensed premises is a legitimate theatre or concert hall, 19 or contiguous to and used in conjunction with a legitimate theatre or 20 concert hall, additional bars, counters or contrivances may be permitted 21 by the liquor authority upon payment to it of an annual fee of one 22 hundred dollars for each such additional bar, counter or contrivance so 23 permitted[,] in addition to the annual license fee paid by such licen- 24 see; 25 (b) if such licensed premises be located at a baseball park, race 26 track, or either outdoor or indoor athletic field, facility, arena or 27 stadium, additional bars, counters or contrivances where beer shall be 28 sold at retail for consumption on the premises may be permitted by the 29 liquor authority, upon payment to it of the annual fee of thirty dollars 30 for each such additional bar, counter or contrivance so permitted[,] in 31 addition to the amount of the annual license fee paid by the licensee; 32 and 33 § 7. Section 56 of the alcoholic beverage control law, as amended by 34 section 1 of part Z of chapter 85 of the laws of 2002, subdivision 1 as 35 amended by chapter 108 of the laws of 2012, paragraph (a) of subdivision 36 1 as amended by chapter 431 of the laws of 2014, and subdivision 11 as 37 added by chapter 422 of the laws of 2016, is amended to read as follows: 38 § 56. License fees. 1. The annual fee for a license to manufacture 39 beer shall be: 40 (a) four thousand dollars for a brewer's license, unless the annual 41 production of the brewer is less than seventy-five thousand barrels per 42 year, in which case the annual fee shall be three hundred twenty 43 dollars; 44 (b) three hundred twenty dollars for a farm brewery license. 45 2. The annual fee for a wholesaler's beer license shall be eight 46 hundred dollars. 47 3. The annual fee for a vendor's license shall be one hundred [forty- 48 four] forty dollars. 49 4. The annual fee for a license to sell beer at retail not to be 50 consumed on the premises where sold shall be one hundred ten dollars. 51 Where, however, the applicant is the holder of two such licenses, the 52 annual fee for each additional license thereafter issued to such licen- 53 see shall be double the amount hereinabove set forth. 54 5. The annual fee for a license to sell beer at retail to be consumed 55 on the premises where sold shall be three hundred twenty dollars in 56 cities having a population of one hundred thousand or over, and one
A. 9244 10 1 hundred sixty dollars elsewhere; provided, however, that where the prem- 2 ises to be licensed remain open only within the period commencing April 3 first and ending October thirty-first of any one year or only within the 4 period commencing October first and ending the following April thirti- 5 eth, the liquor authority, in its discretion, may grant a summer or 6 winter license effective only for such appropriate period of time, for 7 which an annual fee of one hundred sixty dollars shall be paid where the 8 premises are located in cities having a population of one hundred thou- 9 sand or over, and eighty dollars where such premises are located else- 10 where. 11 6. The annual fee for selling beer upon any railroad car to be 12 consumed on such car or any car connected therewith shall be [ninety- 13 six] ninety dollars for each railroad car licensed. 14 7. The annual fee for selling beer upon any vessel in this state, 15 other than one regularly and exclusively engaged in the business of 16 carrying passengers for hire, by charter or otherwise, for fishing 17 purposes, to be consumed on such vessel, shall be one hundred sixty 18 dollars for each vessel licensed. The annual fee for selling beer upon a 19 vessel regularly and exclusively engaged in the business of carrying 20 passengers for hire, by charter or otherwise, for fishing purposes, to 21 be consumed on such vessel, shall be forty dollars for each vessel 22 licensed. The annual fee for selling beer for off-premise consumption 23 upon a vessel regularly and exclusively engaged, as a duly licensed 24 supply ship, in furnishing supplies to other vessels, shall be eighty 25 dollars. 26 8. The annual fee for selling beer at any baseball park, race track or 27 outdoor athletic field or stadium, to be consumed in any such baseball 28 park, race track, or outdoor athletic field or stadium, shall be one 29 hundred [ninety-two] ninety dollars. 30 9. The annual fee for a license to sell beer and wine products at 31 retail not to be consumed on the premises where sold shall be one 32 hundred [ninety-eight] ninety-five dollars. 33 10. The annual fee for a license to sell beer and wine products at 34 retail not to be consumed on the premises where sold, when the applicant 35 is the holder of two such licenses, the annual fee for each additional 36 license thereafter issued to such licensee shall be three hundred 37 [fifty-two] fifty dollars. 38 11. The annual fee for a license to operate a custom beermakers' 39 center shall be three hundred twenty dollars. 40 § 8. Subdivision 6 of section 64 of the alcoholic beverage control 41 law, as amended by chapter 204 of the laws of 1963, is amended to read 42 as follows: 43 6. Where an on-premise license shall be granted to the owner of a 44 hotel situated in a town or village the liquor authority may in its 45 discretion grant to such owner the right to sell liquor and wine for 46 off-premise consumption under the same terms and conditions as apply to 47 off-premise licenses upon the payment of an additional fee of [sixty- 48 two] sixty dollars [and fifty cents]; provided, however, that this 49 permission shall not be granted if an off-premise license has been 50 granted for premises located within eight miles of such hotel. 51 § 9. Section 66 of the alcoholic beverage control law, as amended by 52 section 3 of part Z of chapter 85 of the laws of 2002, subdivision 1-a 53 as added by chapter 580 of the laws of 2002, subdivision 2-c as added by 54 chapter 564 of the laws of 2007, subdivision 3-a as added by chapter 297 55 of the laws of 2016, subdivision 4 as amended by chapter 703 of the laws
A. 9244 11 1 of 2022, and subdivision 10 as added by chapter 331 of the laws of 2004, 2 is amended to read as follows: 3 § 66. License fees. 1. The annual fee for a distiller's license, class 4 A, shall be twelve thousand dollars. 5 1-a. The annual fee for a distiller's license, class A-1, shall be two 6 hundred fifty dollars. 7 2. The annual fee for a distiller's license, class B, shall be eight 8 thousand dollars. 9 2-a. The annual fee for a distiller's license, class C, shall be one 10 hundred [twenty-eight] twenty-five dollars. 11 2-b. The annual fee for a distiller's license, class B-1, shall be 12 three hundred twenty dollars. 13 2-c. The annual fee for a distiller's license, class D, shall be one 14 hundred [twenty-eight] twenty-five dollars. 15 3. The annual fee for a license to sell liquor at wholesale [shall be 16 sixty-four hundred dollars]: 17 (a) if such wholesaler has gross sales of at least seven hundred fifty 18 million dollars within the previous year in New York state as reported 19 to the department of taxation and finance on the annual beer, wine, and 20 liquor wholesalers transaction information, shall be one million 21 dollars; and 22 (b) if such wholesaler has gross sales of under seven hundred fifty 23 million dollars within the previous year in New York state as reported 24 to the department of taxation and finance on the annual beer, wine, and 25 liquor wholesalers transaction information, shall be eight hundred 26 dollars. 27 3-a. The annual fee for an importer's license shall be one hundred 28 twenty-five dollars. 29 4. The annual fee for a license, under section sixty-four or sixty- 30 four-a of this article, to sell liquor at retail to be consumed on the 31 premises where sold shall be twenty-one hundred [seventy-six] seventy 32 dollars in the counties of New York, Kings, Bronx and Queens; fifteen 33 hundred [thirty-six] thirty-five dollars in the county of Richmond and 34 in cities having a population of more than one hundred thousand and less 35 than one million; twelve hundred [sixteen] ten dollars in cities having 36 a population of more than fifty thousand and less than one hundred thou- 37 sand; and the sum of eight hundred [ninety-six] ninety-five dollars 38 elsewhere; except that the license fees for catering establishments and 39 off-premises catering establishments shall be two-thirds the license fee 40 specified herein and for clubs, except luncheon clubs and golf clubs, 41 shall be seven hundred fifty dollars in the counties of New York, Kings, 42 Bronx and Queens; five hundred dollars in the county of Richmond and in 43 cities having a population of more than one hundred thousand and less 44 than one million; three hundred fifty dollars in cities having a popu- 45 lation of more than fifty thousand and less than one hundred thousand; 46 and the sum of two hundred fifty dollars elsewhere. The annual fees for 47 luncheon clubs shall be three hundred seventy-five dollars, and for golf 48 clubs in the counties of New York, Kings, Bronx, Queens, Nassau, Rich- 49 mond and Westchester, two hundred fifty dollars, and elsewhere one 50 hundred [eighty-seven] eighty-five dollars [and fifty cents]. Notwith- 51 standing any other provision of law to the contrary, there shall be no 52 annual fee for a license, under section sixty-four, to sell liquor at 53 retail to be consumed on the premises where the applicant is an organ- 54 ization organized under section two hundred sixty of the military law 55 and incorporated pursuant to the not-for-profit corporation law. 56 Provided, however, that where any premises for which a license is issued
A. 9244 12 1 pursuant to section sixty-four or sixty-four-a of this article remain 2 open only within the period commencing April first and ending October 3 thirty-first of any one year, or only within the period commencing Octo- 4 ber first and ending the following April thirtieth, the liquor authority 5 may, in its discretion, grant a summer or winter license effective only 6 for such appropriate period of time, for which a license fee shall be 7 paid to be pro-rated for the period for which such license is effective, 8 at the rate provided for in the city, town or village in which such 9 premises are located, except that no such license fee shall be less than 10 one-half of the regular annual license fee; provided further that where 11 the premises to be licensed are a race track or a golf course or are 12 licensed pursuant to section sixty-four or sixty-four-a of this article, 13 the period of such summer license may commence March first and end 14 November thirtieth. 15 Where a hotel, restaurant, club, golf course or race track is open 16 prior to April first and/or subsequent to October thirty-first by reason 17 of the issuance of a caterer's permit or permits issued by the authori- 18 ty, such fact alone shall not affect the eligibility of the premises or 19 the person owning or operating such hotel, restaurant, club, golf course 20 or race track for a summer license. 21 5. The annual fee for a license to sell liquor at retail not to be 22 consumed on the premises where sold shall be thirteen hundred [sixty- 23 six] sixty dollars in the counties of New York, Kings, Bronx and Queens; 24 eight hundred [fifty-four] fifty dollars in the county of Richmond and 25 in cities having a population of more than one hundred thousand and less 26 than one million; and elsewhere the sum of five hundred [twelve] ten 27 dollars. 28 6. The annual fee for a license to sell liquor upon any railroad car 29 to be consumed on such car or any car connected therewith shall be one 30 hundred [ninety-two] ninety dollars for each railroad car licensed. 31 7. The annual fee for a license to sell liquor upon any vessel in this 32 state to be consumed upon such vessel shall be sixteen hundred dollars 33 for each vessel licensed, provided, however, that where a vessel is 34 operated only within the period commencing April first and ending Octo- 35 ber thirty-first of any one year, the liquor authority may, in its 36 discretion, grant for such vessel a summer license effective only for 37 such period of time, for which a license fee of four hundred [forty- 38 eight] forty dollars shall be paid. 39 8. The annual fee for a license to sell liquor upon an aircraft being 40 operated on regularly scheduled flights by a United States certificated 41 airline in this state shall be nineteen thousand two hundred [twenty] 42 dollars per annum for an airline company operating up to and including 43 twenty such aircraft and twenty-five thousand six hundred [sixty] 44 dollars for such an airline operating more than twenty such aircraft. 45 9. The annual fee for a license for a bottle club shall be the same as 46 the annual fee for a special license to sell liquor at retail to be 47 consumed on the premises, as set forth in subdivision four of this 48 section. 49 10. Notwithstanding any provision to the contrary, the annual fee for 50 a license for an establishment defined as an owner-occupied residence 51 providing at least three but no more than five rooms for temporary tran- 52 sient lodgers with sleeping accommodations and a meal in the forenoon of 53 the day, known as a "bed and breakfast dwelling" as authorized by subdi- 54 vision five-a of section sixty-four of this article, shall be two 55 hundred dollars plus fifteen dollars per each available bedroom.
A. 9244 13 1 § 10. Subdivision 1 of section 79-a of the alcoholic beverage control 2 law, as amended by section 5 of part Z of chapter 85 of the laws of 3 2002, is amended to read as follows: 4 1. Any person licensed to sell beer at retail for consumption off the 5 premises, pursuant to section fifty-four of this chapter, shall, by 6 virtue of such license and upon payment to the liquor authority of an 7 additional fee in the sum of one hundred sixty-five dollars in cities 8 having a population of one hundred thousand or over and [eighty-three] 9 eighty dollars elsewhere, be granted authorization to sell from the 10 licensed premises wine products in sealed containers for consumption off 11 such premises. Upon receipt of such additional fee, the liquor authority 12 shall promptly issue a permit authorizing such sales by the licensee. 13 § 11. Subdivisions 1 and 1-a of section 79-b of the alcoholic beverage 14 control law, as amended by section 6 of part Z of chapter 85 of the laws 15 of 2002, are amended to read as follows: 16 1. Any person licensed to sell beer at retail for consumption on the 17 premises, pursuant to section fifty-five of this chapter, shall, by 18 virtue of such license and upon payment to the liquor authority of an 19 additional fee in the sum of one hundred [ninety-two] ninety dollars in 20 cities having a population of one hundred thousand or over and [ninety- 21 six] ninety dollars elsewhere, be granted authorization to sell from the 22 licensed premises wine products in sealed containers at retail for 23 consumption on or off such premises. Upon receipt of such additional 24 fee, the liquor authority shall promptly issue a permit authorizing such 25 sales by the licensee. 26 1-a. Any person licensed to sell beer at retail for consumption on the 27 premises, pursuant to section fifty-five-a of this chapter, shall, by 28 virtue of such license and upon payment to the liquor authority of an 29 additional fee in the sum of one hundred [ninety-two] ninety dollars in 30 cities having a population of one hundred thousand or over and [ninety- 31 six] ninety dollars elsewhere, be granted authorization to sell from the 32 licensed premises wine products in sealed containers at retail for 33 consumption on such premises. Upon receipt of such additional fee, the 34 liquor authority shall promptly issue a permit authorizing such sales by 35 the licensee. 36 § 12. Section 83 of the alcoholic beverage control law, as amended by 37 section 7 of part Z of chapter 85 of the laws of 2002, subdivision 1-a 38 as amended by chapter 221 of the laws of 2011, subdivision 1-d as 39 amended by chapter 613 of the laws of 2008, subdivision 8 as added by 40 chapter 355 of the laws of 2013, and subdivision 9 as added by chapter 41 422 of the laws of 2016, is amended to read as follows: 42 § 83. License fees. 1. The annual fee for a winery license shall be 43 six hundred twenty-five dollars. 44 1-a. The annual fee for a farm winery license shall be one hundred 45 twenty-five dollars, provided that the annual fee for a farm winery 46 manufacturing no more than fifteen hundred finished gallons of wine 47 annually shall be fifty dollars. 48 1-d. The fee for each license issued for a winery or farm winery 49 licensee's authority to conduct wine tastings and the sale of New York 50 state labelled wines for off-premises consumption pursuant to paragraph 51 (c) of subdivision two of section seventy-six of this article shall be 52 forty dollars. 53 2. The annual fee for a license to sell wine at wholesale [shall be 54 eight hundred dollars]: 55 (a) if such wholesaler has gross sales of at least seven hundred fifty 56 million dollars within the previous year in New York state as reported
A. 9244 14 1 to the department of taxation and finance on the annual beer, wine, and 2 liquor wholesalers transaction information, shall be one million 3 dollars; and 4 (b) if such wholesaler has gross sales of under seven hundred fifty 5 million dollars within the previous year in New York state as reported 6 to the department of taxation and finance on the annual beer, wine, and 7 liquor wholesalers transaction information, shall be eight hundred 8 dollars. 9 3. The annual fee for a license to sell wine at retail, not to be 10 consumed on the premises, shall be six hundred forty dollars for each 11 such place where such business is carried on in cities having a popu- 12 lation of one million or more; in cities having less than one million 13 population and more than one hundred thousand, three hundred twenty 14 dollars; and elsewhere, the sum of one hundred forty-five dollars. 15 4. The annual fee for selling wine at retail, to be consumed on the 16 premises where sold, shall be as follows: 17 (a) In cities having a population of one hundred thousand or over the 18 sum of four hundred eighty dollars per year; and 19 (b) Elsewhere, the sum of two hundred forty dollars per year. 20 4-a. The annual fee for a license to sell wine at retail to be 21 consumed on the premises where sold where the premises to be licensed 22 remain open only within the period commencing April first and ending 23 October thirty-first of any one year or only within the period commenc- 24 ing October first and ending the following April thirtieth, the liquor 25 authority, in its discretion, may grant a summer or winter license 26 effective only for such appropriate period of time, for which an annual 27 fee of one hundred [twelve] ten dollars shall be paid. 28 5. The annual fee for a special license to sell wine at retail, to be 29 consumed on the premises where sold, shall be as follows: 30 (a) In cities having a population of one hundred thousand or over, the 31 sum of five hundred [seventy-six] seventy-five dollars per year; and 32 (b) Elsewhere, the sum of two hundred seventy dollars per year. 33 6. The annual fee for a special winery license shall be six hundred 34 twenty-five dollars. 35 7. The annual fee for a special farm winery license shall be one 36 hundred twenty-five dollars. 37 8. The annual fee for a roadside farm market license shall be one 38 hundred dollars. 39 9. The annual fee for a license to operate a custom winemakers' center 40 shall be three hundred twenty dollars. 41 § 13. Section 122 of the alcoholic beverage control law, as amended by 42 chapter 408 of the laws of 1997, is amended to read as follows: 43 § 122. Continuance of business by receiver or other representative. 44 If a corporation or copartnership holding any license or holding a 45 permit for which an annual fee of one hundred dollars or more is 46 prescribed by this chapter shall be dissolved, or if a receiver or 47 assignee for the benefit of creditors be appointed therefor, or if a 48 receiver, assignee for the benefit of creditors or a committee or 49 conservator of the property of an individual holding any license or 50 holding a permit for which an annual fee of one hundred dollars or more 51 is prescribed by this chapter be appointed, during the time for which 52 such license or permit was granted, or if a person, including a member 53 of a copartnership, holding any license or holding a permit for which an 54 annual fee of one hundred dollars or more is prescribed by this chapter 55 shall die during the term for which such license or permit was given, 56 such corporation, copartnership, receiver or assignee, or the adminis-
A. 9244 15 1 trator or executor of the estate of such individual, or of such deceased 2 member of a copartnership, or a committee of the property of a person 3 adjudged to be incompetent, or a conservator of the property of an indi- 4 vidual, or a petition under title eleven of the United States code shall 5 have been filed and a trustee has been appointed or the holder of the 6 license [of] or permit has been permitted to remain in possession with- 7 out the appointment of a trustee, may continue to carry on such business 8 upon such premises for the balance of the term for which such license or 9 permit was effective, with the same rights and subject to the same 10 restrictions and liabilities as if [he] they had been the original 11 applicant for and the original holder, or one of either of them, of such 12 license or permit, providing the approval of the liquor authority shall 13 be first obtained. Before continuing such business, such receiver, 14 assignee, individual, committee, or conservator, debtor in possession, 15 or trustee in bankruptcy shall file a statement setting forth in such 16 form and substance as the liquor authority may prescribe the facts and 17 circumstances by which [he has] they have succeeded to the rights of the 18 original licensee or permittee. The liquor authority may, in its 19 discretion, permit the continuance of such business or may refuse to do 20 so. In the event that the authority determines to permit the continuance 21 of the business, the license or permit shall be submitted to the author- 22 ity and shall have affixed thereto a certificate in the form prescribed 23 by the authority. For each such certificate, a fee shall be paid to the 24 liquor authority of fifty dollars by the applicant, except in the case 25 of an off-premise beer license, such fee shall be ten dollars which 26 shall be paid into the same fund as other license fees herein provided 27 for. 28 § 14. This act shall take effect on the first of January next succeed- 29 ing the date on which it shall have become a law. Effective immediately, 30 the addition, amendment and/or repeal of any rule or regulation neces- 31 sary for the implementation of this act on its effective date are 32 authorized to be made and completed on or before such effective date. 33 PART J 34 Section 1. The opening paragraph of subdivision 1 of section 110-b of 35 the alcoholic beverage control law, as amended by chapter 222 of the 36 laws of 2019, is amended to read as follows: 37 Not [less than thirty nor] more than two hundred [and] seventy days 38 before filing any of the following applications, an applicant shall 39 notify the municipality in which the premises is located of such appli- 40 cant's intent to file such an application: 41 § 2. This act shall take effect immediately. 42 PART K 43 Section 1. The opening paragraph of subdivision 2 of section 99-d of 44 the alcoholic beverage control law, as amended by chapter 560 of the 45 laws of 2011, is amended to read as follows: 46 Before any change in the members of a limited liability company or the 47 transfer or assignment of a membership interest in a limited liability 48 company or any corporate change in stockholders, stockholdings, alcohol- 49 ic beverage officers, officers or directors, except officers and direc- 50 tors of a premises licensed as a club or a luncheon club under this 51 chapter can be effectuated for the purposes of this chapter, there shall 52 be filed with the liquor authority an application for permission to make
A. 9244 16 1 such change and there shall be paid to the liquor authority in advance 2 upon filing of the application a fee of one hundred twenty-eight 3 dollars. Such application shall be deemed approved and in effect if not 4 disapproved by the authority prior to the expiration of ninety days 5 after receipt by the authority. 6 § 2. This act shall take effect immediately. 7 PART L 8 Section 1. Subdivision 3 of section 97-a of the alcoholic beverage 9 control law, as amended by chapter 106 of the laws of 2022, is amended 10 to read as follows: 11 3. A temporary retail permit under paragraph (b) of subdivision one of 12 this section may not be issued for any premises that is subject to the 13 provisions of section sixty-three or seventy-nine of this chapter; a 14 temporary retail permit under paragraph (b) of subdivision one of this 15 section shall not be issued for a premises subject to the provisions of 16 paragraph (b) of subdivision seven of section sixty-four, subparagraph 17 (ii) of paragraph (a) of subdivision seven of section sixty-four-a, 18 subparagraph (ii) of paragraph (a) of subdivision eleven of section 19 sixty-four-c, or paragraph (b) of subdivision eight of section sixty- 20 four-d of this chapter, unless and until a recommendation that there be 21 a finding of public interest has been made by an administrative law 22 judge pursuant to paragraph (f) of subdivision seven of section sixty- 23 four, paragraph (d) of subdivision seven of section sixty-four-a, para- 24 graph (c) of subdivision five of section sixty-four-b, paragraph (c) of 25 subdivision eleven of section sixty-four-c, or paragraph (e) of subdivi- 26 sion eight of section sixty-four-d of this chapter. Provided however, 27 any premises granted a temporary retail permit pursuant to this subdivi- 28 sion in a city with a population of one million or more people shall 29 only be allowed to operate on the premises under the following condi- 30 tions: [an active] no retail license [shall have existed] at the applied 31 for location [within the past two years, and such license] shall [not] 32 have been canceled, suspended, or revoked by the authority within the 33 past two years; the closing time any day of the week shall be no later 34 than midnight; provided however that the closing time of any outdoor 35 space shall be no later than ten o'clock post-meridian Sunday through 36 Thursday and eleven o'clock post-meridian Friday and Saturday; no 37 outdoor music; indoors shall have recorded background music only, with 38 no live music, DJ's, karaoke, or similar forms of music; and no dancing. 39 The authority shall automatically lift such restrictions if the authori- 40 ty issues a retail license for the premises, and replace such 41 restrictions with other restrictions, if any, imposed by the authority 42 in accordance with the public interest standard. 43 § 2. Subdivision 4 of section 97-a of the alcoholic beverage control 44 law, as added by chapter 396 of the laws of 2010, is amended to read as 45 follows: 46 4. A temporary retail permit issued by the authority pursuant to this 47 section shall be for a period not to exceed ninety days. A temporary 48 permit may be extended at the discretion of the authority, for an addi- 49 tional [thirty] ninety day period upon payment of an additional fee of 50 sixty-four dollars for all retail beer licenses and ninety-six dollars 51 for all other temporary permits and upon compliance with all conditions 52 required in this section. The authority may, in its discretion, issue 53 additional [thirty] ninety day extensions upon payment of the appropri- 54 ate fee.
A. 9244 17 1 § 3. Subdivision 6 of section 97-a of the alcoholic beverage control 2 law, as added by chapter 396 of the laws of 2010, is amended to read as 3 follows: 4 6. The holder of a temporary retail permit shall [purchase alcoholic 5 beverages only by payment in currency or check for such alcoholic bever- 6 ages on or before the day such alcoholic beverages are delivered, 7 provided, however, that the holder of a temporary permit issued pursuant 8 to this section who also holds one or more retail licenses and is oper- 9 ating under such retail license or licenses in addition to the temporary 10 retail permit, and who is not delinquent under the provisions of section 11 one hundred one-aa of this chapter as to any retail license under which 12 he operates, may purchase alcoholic beverages on credit under the tempo- 13 rary permit] be subject to sections one hundred one-aa and one hundred 14 one-aaa of this chapter. 15 § 4. Section 5 of chapter 396 of the laws of 2010 amending the alco- 16 holic beverage control law relating to liquidator's permits and tempo- 17 rary retail permits, as amended by section 1 of part O of chapter 55 of 18 the laws of 2023, is amended to read as follows: 19 § 5. This act shall take effect on the sixtieth day after it shall 20 have become a law[, provided that paragraph (b) of subdivision 1 of 21 section 97-a of the alcoholic beverage control law as added by section 22 two of this act shall expire and be deemed repealed October 12, 2024]. 23 § 5. This act shall take effect immediately; provided, however, that 24 section two of this act shall take effect on the ninetieth day after it 25 shall have become a law. 26 PART M 27 Section 1. The alcoholic beverage control law is amended by adding a 28 new section 97-d to read as follows: 29 § 97-d. Temporary wholesale permit. 1. Any person may apply to the 30 liquor authority for a temporary permit to operate any alcoholic bever- 31 age wholesale facility as may be licensed under this chapter. Such 32 application shall be in writing and verified and shall contain informa- 33 tion as the liquor authority shall require. Such application shall be 34 accompanied by a check or draft in the amount of one hundred twenty-five 35 dollars for such permit. 36 2. Upon application, the liquor authority may issue such temporary 37 permit when: 38 (a) the applicant has a wholesale license application at the same 39 premises pending before the liquor authority, together with all required 40 filing and license fees; 41 (b) the applicant has obtained and provided evidence of all permits, 42 licenses and other documents necessary for the operation of such a busi- 43 ness; and 44 (c) any current license in effect at the premises has been surrendered 45 or placed in safekeeping, or has been deemed abandoned by the authority. 46 3. The liquor authority in granting such permit shall ensure that: 47 (a) issuance of the permit will not inordinately hinder the operation 48 or effective administration of this chapter; 49 (b) the applicant would in all likelihood be able to ultimately obtain 50 the wholesale license being applied for; and 51 (c) the applicant has substantially complied with the requirements 52 necessary to obtain such license.
A. 9244 18 1 4. The application for a permit shall be approved or denied by the 2 liquor authority within forty-five days after the receipt of such appli- 3 cation. 4 5. A temporary permit shall authorize the permittee to operate a 5 wholesale facility for the purchase, warehousing, and sale of alcoholic 6 beverages according to the laws applicable to the type of wholesale 7 license being applied for. 8 6. Such temporary permit shall remain in effect for six months or 9 until the wholesale license being applied for is approved and the 10 license granted, whichever is shorter. Such permit may be extended at 11 the discretion of the liquor authority for additional three-month peri- 12 ods of time upon payment of an additional fee of fifty dollars for each 13 such extension. 14 7. Notwithstanding any provision of law to the contrary, a temporary 15 wholesale permit may be summarily cancelled or suspended at any time if 16 the liquor authority determines that good cause for cancellation or 17 suspension exists. The liquor authority shall promptly notify the 18 permittee in writing of such cancellation or suspension and shall set 19 forth the reasons for such action. 20 8. The liquor authority in reviewing such application shall review the 21 entire record and grant the temporary permit unless good cause is other- 22 wise shown. A decision on an application shall be based on substantial 23 evidence in the record and supported by a preponderance of the evidence 24 in favor of the applicant. 25 § 2. Section 104 of the alcoholic beverage control law is amended by 26 adding a new subdivision 4 to read as follows: 27 4. Notwithstanding any other provision of this chapter to the contra- 28 ry, the authority may issue a cider producer or wholesaler's license, 29 beer wholesaler's license, wine wholesaler's license, or liquor whole- 30 saler's license to the holder of any wholesaler's license issued pursu- 31 ant to this chapter for use at such licensee's existing licensed prem- 32 ises. The liquor authority is hereby authorized to adopt such rules as 33 it may deem necessary to carry out the purposes of this subdivision. 34 § 3. This act shall take effect immediately and shall apply to all 35 applications filed after such effective date. 36 PART N 37 Section 1. Paragraph (a) of subdivision 7 of section 64 of the alco- 38 holic beverage control law, as amended by chapter 463 of the laws of 39 2009, is amended to read as follows: 40 (a) on the same street or avenue and within two hundred feet of a 41 building occupied exclusively as a school, church, synagogue or other 42 place of worship; provided, however, that the authority may issue a 43 retail license for on-premises consumption for a premises which shall be 44 within two hundred feet of a building occupied exclusively as a school, 45 church, synagogue, or other place of worship if the owner or administra- 46 tor of such school, church, or other place of worship affirmatively 47 state support for the issuance of such a license, or 48 § 2. Subparagraph (i) of paragraph (a) of subdivision 7 of section 49 64-a of the alcoholic beverage control law, as amended by chapter 463 of 50 the laws of 2009, is amended to read as follows: 51 (i) on the same street or avenue and within two hundred feet of a 52 building occupied exclusively as a school, church, synagogue or other 53 place of worship; provided, however, that the authority may issue a 54 retail license for on-premises consumption for a premises which shall be
A. 9244 19 1 within two hundred feet of a building occupied exclusively as a school, 2 church, synagogue, or other place of worship if the owner or administra- 3 tor of such school, church, or other place of worship affirmatively 4 state support for the issuance of such a license; or 5 § 3. Subparagraph (i) of paragraph (a) of subdivision 5 of section 6 64-b of the alcoholic beverage control law, as amended by chapter 463 of 7 the laws of 2009, is amended to read as follows: 8 (i) on the same street or avenue and within two hundred feet of a 9 building occupied exclusively as a school, church, synagogue or other 10 place of worship; provided, however, that the authority may issue a 11 retail license for on-premises consumption for a premises which shall be 12 within two hundred feet of a building occupied exclusively as a school, 13 church, synagogue, or other place of worship if the owner or adminis- 14 trator of such school, church, or other place of worship affirmative- 15 ly state support for the issuance of such a license; or 16 § 4. Subparagraph (i) of paragraph (a) of subdivision 11 of section 17 64-c of the alcoholic beverage control law, as amended by chapter 463 of 18 the laws of 2009, is amended to read as follows: 19 (i) on the same street or avenue and within two hundred feet of a 20 building occupied exclusively as a school, church, synagogue or other 21 place of worship; provided, however, that the authority may issue a 22 retail license for on-premises consumption for a premises which shall be 23 within two hundred feet of a building occupied exclusively as a school, 24 church, synagogue, or other place of worship if the owner or adminis- 25 trator of such school, church, or other place of worship affirmative- 26 ly state support for the issuance of such a license; or 27 § 5. Paragraph (a) of subdivision 8 of section 64-d of the alcoholic 28 beverage control law, as amended by chapter 463 of the laws of 2009, is 29 amended to read as follows: 30 (a) on the same street or avenue and within two hundred feet of a 31 building occupied exclusively as a school, church, synagogue or other 32 place of worship; provided, however, that the authority may issue a 33 retail license for on-premises consumption for a premises which shall be 34 within two hundred feet of a building occupied exclusively as a school, 35 church, synagogue, or other place of worship if the owner or adminis- 36 trator of such school, church, or other place of worship affirmative- 37 ly state support for the issuance of such a license; or 38 § 6. This act shall take effect immediately. 39 PART O 40 Section 1. Paragraphs (b) and (f) of subdivision 7 of section 64 of 41 the alcoholic beverage control law, paragraph (b) as amended by chapter 42 463 of the laws of 2009 and paragraph (f) as amended by chapter 185 of 43 the laws of 2012, are amended to read as follows: 44 (b) in a [city, town or village having a population of twenty thousand 45 or more] county having a population between one million six hundred 46 thousand and one million seven hundred thousand as of the two thousand 47 twenty census as conducted by the United States department of commerce 48 within five hundred feet of three or more existing premises licensed and 49 operating pursuant to this section and sections sixty-four-a, sixty- 50 four-b, sixty-four-c, and/or sixty-four-d of this article; 51 (f) Notwithstanding the provisions of paragraph (b) of this subdivi- 52 sion, in a county having a population between one million six hundred 53 thousand and one million seven hundred thousand as of the two thousand 54 twenty census as conducted by the United States department of commerce,
A. 9244 20 1 the authority may issue a license pursuant to this section for a prem- 2 ises which shall be within five hundred feet of three or more existing 3 premises licensed and operating pursuant to this section and sections 4 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this 5 article if, after consultation with the municipality or community board, 6 it determines that granting such license would be in the public inter- 7 est. Before it may issue any such license, the authority shall conduct a 8 hearing, upon notice to the applicant and the municipality or community 9 board, and shall state and file in its office its reasons therefor. The 10 hearing may be rescheduled, adjourned or continued, and the authority 11 shall give notice to the applicant and the municipality or community 12 board of any such rescheduled, adjourned or continued hearing. Before 13 the authority issues any said license, the authority or one or more of 14 the commissioners thereof may, in addition to the hearing required by 15 this paragraph, also conduct a public meeting regarding said license, 16 upon notice to the applicant and the municipality or community board. 17 The public meeting may be rescheduled, adjourned or continued, and the 18 authority shall give notice to the applicant and the municipality or 19 community board of any such rescheduled, adjourned or continued public 20 meeting. Notice to the municipality or community board shall mean writ- 21 ten notice mailed by the authority to such municipality or community 22 board at least fifteen days in advance of any hearing scheduled pursuant 23 to this paragraph. Upon the request of the authority, any municipality 24 or community board may waive the fifteen day notice requirement. No 25 premises having been granted a license pursuant to this section shall be 26 denied a renewal of such license upon the grounds that such premises are 27 within five hundred feet of a building or buildings wherein three or 28 more premises are licensed and operating pursuant to this section and 29 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d 30 of this article. 31 § 2. Paragraphs (a) and (d) of subdivision 7 of section 64-a of the 32 alcoholic beverage control law, paragraph (a) as amended by chapter 463 33 of the laws of 2009 and paragraph (d) as amended by chapter 185 of the 34 laws of 2012, are amended to read as follows: 35 (a) No special on-premises license shall be granted for any premises 36 which shall be 37 (i) on the same street or avenue and within two hundred feet of a 38 building occupied exclusively as a school, church, synagogue or other 39 place of worship or 40 (ii) in a [city, town or village having a population of twenty thou- 41 sand or more] county having a population between one million six hundred 42 thousand and one million seven hundred thousand as of the two thousand 43 twenty census as conducted by the United States department of commerce 44 within five hundred feet of three or more existing premises licensed and 45 operating pursuant to this section and sections sixty-four, 46 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; 47 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph 48 are to be taken in straight lines from the center of the nearest 49 entrance of the premises sought to be licensed to the center of the 50 nearest entrance of such school, church, synagogue or other place of 51 worship or to the center of the nearest entrance of each such premises 52 licensed and operating pursuant to this section and sections sixty-four, 53 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except 54 that no license shall be denied to any premises at which a license under 55 this chapter has been in existence continuously from a date prior to the 56 date when a building on the same street or avenue and within two hundred
A. 9244 21 1 feet of said premises has been occupied exclusively as a school, church, 2 synagogue or other place of worship; and except that no license shall be 3 denied to any premises, which is within five hundred feet of three or 4 more existing premises licensed and operating pursuant to this section 5 and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d 6 of this article, at which a license under this chapter has been in 7 existence continuously on or prior to November first, nineteen hundred 8 ninety-three. The liquor authority, in its discretion, may authorize the 9 removal of any such licensed premises to a different location on the 10 same street or avenue, within two hundred feet of said school, church, 11 synagogue or other place of worship, provided that such new location is 12 not within a closer distance to such school, church, synagogue or other 13 place of worship. 14 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph 15 (a) of this subdivision, in a county having a population between one 16 million six hundred thousand and one million seven hundred thousand as 17 of the two thousand twenty census as conducted by the United States 18 department of commerce, the authority may issue a license pursuant to 19 this section for a premises which shall be within five hundred feet of 20 three or more existing premises licensed and operating pursuant to this 21 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or 22 sixty-four-d of this article if, after consultation with the munici- 23 pality or community board, it determines that granting such license 24 would be in the public interest. Before it may issue any such license, 25 the authority shall conduct a hearing, upon notice to the applicant and 26 the municipality or community board, and shall state and file in its 27 office its reasons therefor. Notice to the municipality or community 28 board shall mean written notice mailed by the authority to such munici- 29 pality or community board at least fifteen days in advance of any hear- 30 ing scheduled pursuant to this paragraph. Upon the request of the 31 authority, any municipality or community board may waive the fifteen day 32 notice requirement. The hearing may be rescheduled, adjourned or contin- 33 ued, and the authority shall give notice to the applicant and the muni- 34 cipality or community board of any such rescheduled, adjourned or 35 continued hearing. Before the authority issues any said license, the 36 authority or one or more of the commissioners thereof may, in addition 37 to the hearing required by this paragraph, also conduct a public meeting 38 regarding said license, upon notice to the applicant and the munici- 39 pality or community board. The public meeting may be rescheduled, 40 adjourned or continued, and the authority shall give notice to the 41 applicant and the municipality or community board of any such resched- 42 uled, adjourned or continued public meeting. No premises having been 43 granted a license pursuant to this section shall be denied a renewal of 44 such license upon the grounds that such premises are within five hundred 45 feet of a building or buildings wherein three or more premises are 46 licensed and operating pursuant to this section and sections sixty-four, 47 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article. 48 § 3. Paragraphs (a) and (c) of subdivision 5 of section 64-b of the 49 alcoholic beverage control law, paragraph (a) as amended by chapter 463 50 of the laws of 2009 and paragraph (c) as amended by chapter 185 of the 51 laws of 2012, are amended to read as follows: 52 (a) No bottle club license shall be granted for any premises which 53 shall be 54 (i) on the same street or avenue and within two hundred feet of a 55 building occupied exclusively as a school, church, synagogue or other 56 place of worship; or
A. 9244 22 1 (ii) in a [city, town or village having a population of twenty thou- 2 sand or more] county having a population between one million six hundred 3 thousand and one million seven hundred thousand as of the two thousand 4 twenty census as conducted by the United States department of commerce 5 within five hundred feet of three or more existing premises licensed and 6 operating pursuant to this section and sections sixty-four, 7 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article; 8 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph 9 are to be taken in straight lines from the center of the nearest 10 entrance of the premises sought to be licensed to the center of the 11 nearest entrance of such school, church, synagogue or other place of 12 worship or to the center of the nearest entrance of each such premises 13 licensed and operating pursuant to this section and sections sixty-four, 14 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article; except 15 that no license shall be denied to any premises at which a license under 16 this chapter has been in existence continuously from a date prior to the 17 date when a building on the same street or avenue and within two hundred 18 feet of said premises has been occupied exclusively as a school, church, 19 synagogue or other place of worship; and except that no license shall be 20 denied to any premises, which is within five hundred feet of three or 21 more existing premises licensed and operating pursuant to this section 22 and sections sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d 23 of this article, at which a license under this chapter has been in 24 existence continuously on or prior to November first, nineteen hundred 25 ninety-three. The liquor authority, in its discretion, may authorize the 26 removal of any such licensed premises to a different location on the 27 same street or avenue, within two hundred feet of said school, church, 28 synagogue or other place of worship, provided that such new location is 29 not within a closer distance to such school, church, synagogue or other 30 place of worship. 31 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 32 (a) of this subdivision, in a county having a population between one 33 million six hundred thousand and one million seven hundred thousand as 34 of the two thousand twenty census as conducted by the United States 35 department of commerce, the authority may issue a license pursuant to 36 this section for a premises which shall be within five hundred feet of 37 three or more existing premises licensed and operating pursuant to this 38 section and sections sixty-four, sixty-four-a, sixty-four-c, and/or 39 sixty-four-d of this article if, after consultation with the munici- 40 pality or community board, it determines that granting such license 41 would be in the public interest. Before it may issue any such license, 42 the authority shall conduct a hearing, upon notice to the applicant and 43 the municipality or community board, and shall state and file in its 44 office its reasons therefor. The hearing may be rescheduled, adjourned 45 or continued, and the authority shall give notice to the applicant and 46 the municipality or community board of any such rescheduled, adjourned 47 or continued hearing. Before the authority issues any said license, the 48 authority or one or more of the commissioners thereof may, in addition 49 to the hearing required by this paragraph, also conduct a public meeting 50 regarding said license, upon notice to the applicant and the munici- 51 pality or community board. The public meeting may be rescheduled, 52 adjourned or continued, and the authority shall give notice to the 53 applicant and the municipality or community board of any such resched- 54 uled, adjourned or continued public meeting. Notice to the municipality 55 or community board shall mean written notice mailed by the authority to 56 such municipality or community board at least fifteen days in advance of
A. 9244 23 1 any hearing scheduled pursuant to this paragraph. Upon the request of 2 the authority, any municipality or community board may waive the fifteen 3 day notice requirement. No premises having been granted a license pursu- 4 ant to this section shall be denied a renewal of such license upon the 5 grounds that such premises are within five hundred feet of a building or 6 buildings wherein three or more premises are licensed and operating 7 pursuant to this section and sections sixty-four, sixty-four-a, sixty- 8 four-c, and/or sixty-four-d of this article. 9 § 4. Paragraphs (a) and (c) of subdivision 11 of section 64-c of the 10 alcoholic beverage control law, paragraph (a) as amended by chapter 463 11 of the laws of 2009 and paragraph (c) as amended by chapter 185 of the 12 laws of 2012, are amended to read as follows: 13 (a) No restaurant-brewer license shall be granted for any premises 14 which shall be: 15 (i) on the same street or avenue and within two hundred feet of a 16 building occupied exclusively as a school, church, synagogue or other 17 place of worship; or 18 (ii) in a [city, town or village having a population of twenty thou- 19 sand or more] county having a population between one million six hundred 20 thousand and one million seven hundred thousand as of the two thousand 21 twenty census as conducted by the United States department of commerce 22 within five hundred feet of three or more existing premises licensed and 23 operating pursuant to the provisions of this section or sections sixty- 24 four, sixty-four-a, sixty-four-b and/or sixty-four-d of this article; or 25 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph 26 are to be taken in straight lines from the center of the nearest 27 entrance of the premises sought to be licensed to the center of the 28 nearest entrance of such school, church, synagogue or other place of 29 worship or to the center of the nearest entrance of each such premises 30 licensed and operating pursuant to this section and sections sixty-four, 31 sixty-four-a, sixty-four-b and/or sixty-four-d of this article; except 32 that no license shall be denied to any premises at which a license under 33 this chapter has been in existence continuously from a date prior to the 34 date when a building on the same street or avenue and within two hundred 35 feet of said premises has been occupied exclusively as a school, church, 36 synagogue or other place of worship and except that no license shall be 37 denied to any premises, which is within five hundred feet of three or 38 more existing premises licensed and operating pursuant to this section 39 and sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d 40 of this article, at which a license under this chapter has been in 41 existence continuously on or prior to November first, nineteen hundred 42 ninety-three. 43 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 44 (a) of this subdivision, in a county having a population between one 45 million six hundred thousand and one million seven hundred thousand as 46 of the two thousand twenty census as conducted by the United States 47 department of commerce, the authority may issue a license pursuant to 48 this section for a premises which shall be within five hundred feet of 49 three or more existing premises licensed and operating pursuant to this 50 section and sections sixty-four, sixty-four-a, sixty-four-b and/or 51 sixty-four-d of this article if, after consultation with the munici- 52 pality or community board, it determines that granting such license 53 would be in the public interest. Before it may issue any such license, 54 the authority shall conduct a hearing, upon notice to the applicant and 55 the municipality or community board, and shall state and file in its 56 office its reasons therefor. The hearing may be rescheduled, adjourned
A. 9244 24 1 or continued, and the authority shall give notice to the applicant and 2 the municipality or community board of any such rescheduled, adjourned 3 or continued hearing. Before the authority issues any said license, the 4 authority or one or more of the commissioners thereof may, in addition 5 to the hearing required by this paragraph, also conduct a public meeting 6 regarding said license, upon notice to the applicant and the munici- 7 pality or community board. The public meeting may be rescheduled, 8 adjourned or continued, and the authority shall give notice to the 9 applicant and the municipality or community board of any such resched- 10 uled, adjourned or continued public meeting. Notice to the municipality 11 or community board shall mean written notice mailed by the authority to 12 such municipality or community board at least fifteen days in advance of 13 any hearing scheduled pursuant to this paragraph. Upon the request of 14 the authority, any municipality or community board may waive the fifteen 15 day notice requirement. No premises having been granted a license pursu- 16 ant to this section shall be denied a renewal of such license upon the 17 grounds that such premises are within five hundred feet of a building or 18 buildings wherein three or more premises are operating and licensed 19 pursuant to this section or sections sixty-four, sixty-four-a, sixty- 20 four-b and/or sixty-four-d of this article. 21 § 5. Paragraphs (b) and (e) of subdivision 8 of section 64-d of the 22 alcoholic beverage control law, paragraph (b) as amended by chapter 463 23 of the laws of 2009 and paragraph (e) as amended by chapter 185 of the 24 laws of 2012, are amended to read as follows: 25 (b) in a [city, town or village having a population of twenty thousand 26 or more] county having a population between one million six hundred 27 thousand and one million seven hundred thousand as of the two thousand 28 twenty census as conducted by the United States department of commerce 29 within five hundred feet of an existing premises licensed and operating 30 pursuant to the provisions of this section, or within five hundred feet 31 of three or more existing premises licensed and operating pursuant to 32 this section and sections sixty-four, sixty-four-a, sixty-four-b, and/or 33 sixty-four-c of this article. 34 (e) notwithstanding the provisions of paragraph (b) of this subdivi- 35 sion, in a county having a population between one million six hundred 36 thousand and one million seven hundred thousand as of the two thousand 37 twenty census as conducted by the United States department of commerce, 38 the authority may issue a license pursuant to this section for a prem- 39 ises which shall be within five hundred feet of an existing premises 40 licensed and operating pursuant to the provisions of this section or 41 within five hundred feet of three or more existing premises licensed and 42 operating pursuant to this section and sections sixty-four, 43 sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if, 44 after consultation with the municipality or community board, it deter- 45 mines that granting such license would be in the public interest. 46 Before it may issue any such license, the authority shall conduct a 47 hearing, upon notice to the applicant and the municipality or community 48 board, and shall state and file in its office its reasons therefor. The 49 hearing may be rescheduled, adjourned or continued, and the authority 50 shall give notice to the applicant and the municipality or community 51 board of any such rescheduled, adjourned or continued hearing. Before 52 the authority issues any said license, the authority or one or more of 53 the commissioners thereof may, in addition to the hearing required by 54 this paragraph, also conduct a public meeting regarding said license, 55 upon notice to the applicant and the municipality or community board. 56 The public meeting may be rescheduled, adjourned or continued, and the
A. 9244 25 1 authority shall give notice to the applicant and the municipality or 2 community board of any such rescheduled, adjourned or continued public 3 meeting. Notice to the municipality or community board shall mean writ- 4 ten notice mailed by the authority to such municipality or community 5 board at least fifteen days in advance of any hearing scheduled pursuant 6 to this paragraph. Upon the request of the authority, any municipality 7 or community board may waive the fifteen day notice requirement. No 8 premises having been granted a license pursuant to this section shall be 9 denied a renewal of such license upon the grounds that such premises are 10 within five hundred feet of an existing premises licensed and operating 11 pursuant to the provisions of this section or within five hundred feet 12 of a building or buildings wherein three or more premises are licensed 13 and operating pursuant to this section and sections sixty-four, sixty- 14 four-a, sixty-four-b, and/or sixty-four-c of this article. 15 § 6. This act shall take effect immediately. 16 PART P 17 Section 1. Subdivision 2 of section 105 of the alcoholic beverage 18 control law is REPEALED. 19 § 2. This act shall take effect immediately, and shall apply to all 20 applications received by the state liquor authority on and after such 21 date. 22 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 23 sion, section or part of this act shall be adjudged by any court of 24 competent jurisdiction to be invalid, such judgment shall not affect, 25 impair, or invalidate the remainder thereof, but shall be confined in 26 its operation to the clause, sentence, paragraph, subdivision, section 27 or part thereof directly involved in the controversy in which such judg- 28 ment shall have been rendered. It is hereby declared to be the intent of 29 the legislature that this act would have been enacted even if such 30 invalid provisions had not been included herein. 31 § 3. This act shall take effect immediately; provided, however, that 32 the applicable effective date of Parts A through P of this act shall be 33 as specifically set forth in the last section of such Parts.