STATE OF NEW YORK ________________________________________________________________________ 6785--A 2023-2024 Regular Sessions IN SENATE May 9, 2023 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the alcoholic beverage control law, in relation to the hours during which liquor and/or wine stores may be open on Sunday (Part A); to amend the alcoholic beverage control law, in relation to permitting the sale of beer at retail on Sundays; and to repeal certain provisions of such law relating thereto (Part B); to amend the alcoholic beverage control law, in relation to author- izing special permits to remain open during certain hours of the morn- ing (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 the issuance of temporary wholesale permits (Part M); to amend the alcoholic bever- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11092-03-3
S. 6785--A 2 age control law, in relation to licenses issued for on premises consumption within two hundred feet of a building occupied as a school, church, synagogue or other place of worship (Part N); and to repeal paragraphs b and f of subdivision 7 of section 64 of the alco- holic beverage control law relating to restricting licenses for prem- ises located within five hundred feet of other licensed premises (Part O) 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 O. 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. Subparagraph (i) of paragraph (a) of subdivision 14 of 14 section 105 of the alcoholic beverage control law, as amended by section 15 1 of part EE of chapter 55 of the laws of 2022, is amended to read as 16 follows: 17 (i) On Sunday before [twelve] ten o'clock [post meridian] ante meridi- 18 an and after [nine] ten o'clock post meridian. 19 § 2. This act shall take effect immediately. 20 PART B 21 Section 1. Section 105-a of the alcoholic beverage control law is 22 REPEALED. 23 § 2. Subdivision 4 of section 34 of the alcoholic beverage control 24 law, as added by chapter 522 of the laws of 2018, is amended to read as 25 follows: 26 4. No tasting shall be held during the hours prohibited by the 27 provisions of [sections] section one hundred five [and one hundred 28 five-a] of this chapter. 29 § 3. Subdivision (d) of section 54-b of the alcoholic beverage control 30 law, as added by chapter 232 of the laws of 2015, is amended to read as 31 follows: 32 (d) No tasting shall be held during the hours prohibited by the 33 provisions of [sections] section one hundred five [and one hundred 34 five-a] of this chapter. 35 § 4. Subdivision (d) of section 59-a of the alcoholic beverage control 36 law, as added by chapter 232 of the laws of 2015, is amended to read as 37 follows: 38 (d) No tasting shall be held during the hours prohibited by the 39 provisions of section one hundred five [and one hundred five-a] of this 40 chapter.
S. 6785--A 3 1 § 5. Subdivision 6 of section 117-a of the alcoholic beverage control 2 law is REPEALED. 3 § 6. Subdivision 4 of section 130 of the alcoholic beverage control 4 law, as amended by chapter 186 of the laws of 1949, is amended to read 5 as follows: 6 4. In the city of New York, a summons shall be issued for a violation 7 of the provisions of subdivision fourteen of section one hundred [and] 8 five[, section one hundred and five-a] and subdivision five of section 9 one hundred [and] six of this chapter in the same manner as provided by 10 subdivision h of section one hundred [and] sixteen of the New York city 11 criminal courts act. 12 § 7. This act shall take effect immediately. 13 PART C 14 Section 1. Subdivision 1 of section 99 of the alcoholic beverage 15 control law, as amended by section 22 of part Z of chapter 85 of the 16 laws of 2002, is amended to read as follows: 17 1. Any person licensed to sell alcoholic beverages for consumption on 18 the premises pursuant to this chapter may apply to the liquor authority 19 for a special permit [to remain open on any week day between the hours 20 of four o'clock a.m. or the closing hour prescribed by a rule adopted in 21 a county on or before April first, nineteen hundred ninety-five or 22 pursuant to subdivision eleven of section seventeen of this chapter, and 23 eight o'clock a.m]. A permit issued under this section shall authorize 24 the holder of a retail on-premises license to sell or serve alcoholic 25 beverages for consumption on the premises on the morning of January 26 first between four o'clock a.m. or such other hour that the sale of 27 alcoholic beverages for on-premises consumption must cease in the commu- 28 nity in which the licensed premises is located, and eight o'clock a.m. 29 The fee for such permit shall be fifty-one dollars per day. 30 § 2. This act shall take effect on the sixtieth day after it shall 31 have become a law. Effective immediately, the addition, amendment and/or 32 repeal of any rule or regulation necessary for the implementation of 33 this act on its effective date are authorized to be made and completed 34 on or before such effective date. 35 PART D 36 Section 1. Section 106 of the alcoholic beverage control law is 37 amended by adding a new subdivision 2-b to read as follows: 38 2-b. Notwithstanding any provision of this chapter to the contrary, a 39 retail licensee for on-premises consumption shall be authorized to 40 purchase up to twelve bottles of wine and liquor per week from an off- 41 premises retail licensee, and may resell any wine and liquor so 42 purchased for consumption on the premises licensed therefor. 43 § 2. Section 105 of the alcoholic beverage control law is amended by 44 adding a new subdivision 24 to read as follows: 45 24. Notwithstanding any provision of this chapter to the contrary, a 46 retail licensee to sell liquor and/or wine for consumption off the prem- 47 ises shall be authorized to sell up to twelve bottles of wine and liquor 48 per week to a retail licensee for on-premises consumption. 49 § 3. This act shall take effect immediately. 50 PART E
S. 6785--A 4 1 Section 1. Subdivision 4 of section 63 of the alcoholic beverage 2 control law, as amended by section 3 of part H of chapter 58 of the laws 3 of 2019, is amended to read as follows: 4 4. No licensee under this section shall be engaged in any other busi- 5 ness on the licensed premises. The sale of lottery tickets, when duly 6 authorized and lawfully conducted, the sale of reusable bags as defined 7 in section 27-2801 of the environmental conservation law, the sale of 8 corkscrews or the sale of ice or the sale of publications, including 9 prerecorded video and/or audio cassette tapes, or educational seminars, 10 designed to help educate consumers in their knowledge and appreciation 11 of alcoholic beverages, as defined in section three of this chapter and 12 allowed pursuant to their license, or the sale of non-carbonated, non- 13 flavored mineral waters, spring waters and drinking waters or the sale 14 of glasses designed for the consumption of wine or liquor, racks 15 designed for the storage of wine or liquor, and devices designed to 16 minimize oxidation in bottles of wine or liquor which have been 17 uncorked, or the sale of gift bags, gift boxes, associated promotional 18 items, or wrapping[,] for alcoholic beverages purchased at the licensed 19 premises, or the sale of any other items reasonably used in connection 20 with the storage, preparation, service, or consumption of liquor, wine, 21 or wine products subject to such rules and regulations as the liquor 22 authority may prescribe shall not constitute engaging in another busi- 23 ness within the meaning of this subdivision. Any fee obtained from the 24 sale of an educational seminar shall not be considered as a fee for any 25 tasting that may be offered during an educational seminar, provided that 26 such tastings are available to persons who have not paid to attend the 27 seminar and all tastings are conducted in accordance with section 28 sixty-three-a of this article. 29 § 2. Paragraph (a) of subdivision 1 of section 104 of the alcoholic 30 beverage control law, as amended by chapter 2 of the laws of 2013, is 31 amended to read as follows: 32 (a) No wholesaler shall be engaged in any other business on the prem- 33 ises to be licensed; except that nothing contained in this chapter 34 shall: (1) prohibit a beer wholesaler from (i) acquiring, storing or 35 selling non-alcoholic snack foods, as defined in paragraph (b) of this 36 subdivision, (ii) manufacturing, bottling, storing, or selling non-alco- 37 holic carbonated beverages, (iii) manufacturing, storing or selling 38 non-alcoholic non-carbonated soft drinks, mineral waters, spring waters, 39 drinking water, non-taxable malt or cereal beverages, juice drinks, 40 fruit or vegetable juices, ice, liquid beverage mixes and dry or frozen 41 beverage mixes, (iv) acquiring, storing or selling wine products, (v) 42 the sale of promotional items on such premises, or (vi) the sale of 43 tobacco products at retail by wholesalers who are licensed to sell beer 44 and other products at retail; (2) prohibit a wholesaler authorized to 45 sell wine from manufacturing, acquiring or selling wine merchandise, as 46 defined in paragraph (d) of this subdivision; (3) prohibit a licensed 47 winery or licensed farm winery from engaging in the business of a wine 48 wholesaler for New York state labeled wines produced by any licensed 49 winery or licensed farm winery or prohibit such wine wholesaler from 50 exercising any of its rights pursuant to sections seventy-six and seven- 51 ty-six-a of this chapter provided that the operation of such beer and 52 wine wholesalers business shall be subject to such rules and regulations 53 as the liquor authority may prescribe; (4) prohibit a beer wholesaler 54 who is authorized to sell beer at retail from selling at retail: (i) 55 candy, chewing gum and cough drops; (ii) non-refrigerated salsa; (iii) 56 cigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue
S. 6785--A 5 1 and picnic-related products and supplies, which shall include, but not 2 be limited to, charcoal, grills, propane gas, plastic and paper cups, 3 paper or plastic tablecloths and coolers; (v) beer making and brewing 4 supplies and publications, which shall include, but not be limited to, 5 books, magazines, equipment and ingredients; (vi) steins, mugs and other 6 glassware appropriate for the consumption of beer, malt beverages and 7 wine products; (vii) items typically used to serve beer and malt bever- 8 ages including, but not limited to, taps, kegerators, koozies and beer 9 socks; (viii) lemons, limes and oranges, provided that no more than two 10 dozen of each shall be displayed at any one time; (ix) rock salt, ice 11 and snow melting compounds, snow shovels; windshield washer solvent; 12 firewood; beach umbrellas; sunglasses and sun block; and (x) prepaid 13 telephone cards; [or] (5) prohibit the installation and operation of a 14 single automated teller machine in the premises of a beer wholesaler who 15 is authorized to sell beer at retail; (6) prohibit a liquor wholesaler 16 from transporting or selling gifts or promotional items associated with 17 liquor or wine; or (7) prohibit a liquor wholesaler from transporting or 18 selling any other items reasonably used in connection with the storage, 19 preparation, service, or consumption of liquor, wine, or wine products 20 subject to such rules and regulations as the liquor authority may 21 prescribe. For the purposes of this subdivision, "automated teller 22 machine" means a device which is linked to the accounts and records of a 23 banking institution and which enables consumers to carry out banking 24 transactions, including but not limited to, account transfers, deposits, 25 cash withdrawals, balance inquiries and loan payments. 26 § 3. Paragraph (a) of subdivision 3 of section 101-b of the alcoholic 27 beverage control law, as amended by section 1 of part E of chapter 56 of 28 the laws of 2006, is amended to read as follows: 29 (a) No brand of liquor or wine shall be sold to or purchased by a 30 wholesaler, irrespective of the place of sale or delivery, unless a 31 schedule, as provided by this section, is transmitted to and received by 32 the liquor authority, and is then in effect. Such schedule shall be 33 transmitted to the authority in such form, manner, medium and format as 34 the authority may direct; shall be deemed duly verified by the person 35 submitting such schedule upon its transmission to the authority; and 36 shall contain, with respect to each item, the exact brand or trade name, 37 capacity of package, nature of contents, age and proof where stated on 38 the label, the number of bottles contained in each case, the bottle and 39 case price to wholesalers, the net bottle and case price paid by the 40 seller, which prices, in each instance, shall be individual for each 41 item and not in "combination" with any other item, the discounts for 42 quantity, if any, and the discounts for time of payment, if any. Such 43 brand of liquor or wine shall not be sold to wholesalers except at the 44 price and discounts then in effect unless prior written permission of 45 the authority is granted for good cause shown and for reasons not incon- 46 sistent with the purpose of this chapter. Such schedule shall be trans- 47 mitted by (1) the owner of such brand, or (2) a wholesaler selling such 48 brand and who is designated as agent for the purpose of filing such 49 schedule if the owner of the brand is not licensed by the authority, or 50 (3) with the approval of the authority, by a wholesaler, in the event 51 that the owner of the brand is unable to transmit a schedule or desig- 52 nate an agent for such purpose. As used in this subdivision the term 53 "item" shall be deemed to include a sealed, pre-wrapped package consist- 54 ing of a sealed container or containers of liquor, wine or wine product 55 and other merchandise reasonably used in connection with the prepara- 56 tion, storage, promotion, gifting, consumption or service of liquor,
S. 6785--A 6 1 wine or wine products provided that such other merchandise shall not be 2 potable or edible and subject to such rules and regulations as the 3 liquor authority may prescribe. 4 § 4. This act shall take effect immediately. 5 PART F 6 Section 1. Subdivision 5 of section 63 of the alcoholic beverage 7 control law is amended to read as follows: 8 5. Not more than [one license] two licenses shall be granted to any 9 person under this section. 10 § 2. This act shall take effect immediately. 11 PART G 12 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of 13 section 101 of the alcoholic beverage control law, as amended by chapter 14 318 of the laws of 2016, is amended to read as follows: 15 Be interested directly or indirectly in any premises licensed under 16 this chapter where any alcoholic beverage is sold at retail; or in any 17 business licensed under this chapter devoted wholly or partially to the 18 sale of any alcoholic beverage at retail by stock ownership, interlock- 19 ing directors, mortgage or lien or any personal or real property, or by 20 any other means. The provisions of this paragraph shall not apply to 21 § 2. The opening paragraph of paragraph (a) of subdivision 13 of 22 section 106 of the alcoholic beverage control law, as amended by chapter 23 453 of the laws of 2018, is amended to read as follows: 24 No retail licensee for on-premises consumption shall be interested, 25 directly or indirectly, in any premises licensed under this chapter 26 where liquors, wines or beer are manufactured or sold at wholesale, by 27 stock ownership, interlocking directors, mortgage or lien on any 28 personal or real property or by any other means, except that liquors, 29 wines or beer may be manufactured or sold wholesale by the person 30 licensed as a manufacturer or wholesaler thereof: 31 § 3. This act shall take effect immediately. 32 PART H 33 Section 1. Subdivision 6 of section 63 of the alcoholic beverage 34 control law, as added by chapter 1024 of the laws of 1965, is amended to 35 read as follows: 36 6. Determinations under this section with respect to approving the 37 issuance of a new license or under section one hundred eleven of this 38 chapter with respect to the transfer to any other premises of a license 39 issued hereunder, shall be made [in accordance with public convenience 40 and advantage] unless there is good cause shown for disapproval by the 41 liquor authority. 42 § 2. This act shall take effect immediately. 43 PART I 44 Section 1. Subdivisions 3 and 4 of section 93 of the alcoholic bever- 45 age control law, subdivision 3 as amended by section 12 of part Z of 46 chapter 85 of the laws of 2002 and subdivision 4 as amended by chapter 47 297 of the laws of 2016, are amended to read as follows:
S. 6785--A 7 1 3. The license fee for such permit shall be [twenty-six] twenty-five 2 dollars per year, or for any part thereof, and the permit shall be 3 issued for the calendar year. 4 4. Notwithstanding the foregoing provisions of this section, any duly 5 licensed manufacturer or wholesaler may apply to the liquor authority 6 for an annual temporary solicitor's employment permit. Such permit shall 7 authorize such manufacturer or wholesaler to employ one or more persons 8 as a solicitor for a period of not exceeding six months provided that 9 within sixty days after such employee has been employed as a solicitor 10 such employee shall file his application for a solicitor's permit with 11 the liquor authority. The license fee for such permit shall be [thirty- 12 eight] thirty-five dollars per year, or for any part thereof, and the 13 permit shall be issued for the calendar year. Such permit and the exer- 14 cise of the privileges hereby granted thereunder, shall be subject to 15 such terms and conditions as may be prescribed by the liquor authority. 16 § 2. Subdivision 2 of section 94 of the alcoholic beverage control 17 law, as amended by section 14 of part Z of chapter 85 of the laws of 18 2002, is amended to read as follows: 19 2. Such permit shall be issued for the calendar year, and may cover 20 one or more trucks and in cities having a population of one million or 21 less to duly licensed taxicabs used to deliver only wine or liquor sold 22 at retail and the fee therefor shall be at the rate of [fifty-one] fifty 23 dollars per truck or such duly licensed taxicab per year. 24 § 3. Section 97 of the alcoholic beverage control law, as amended by 25 chapter 204 of the laws of 1963, the section heading as amended by chap- 26 ter 363 of the laws of 1977, subdivisions 1 and 2 as amended by section 27 19 of part Z of chapter 85 of the laws of 2002, and subdivision 4 as 28 added by chapter 120 of the laws of 2012, is amended to read as follows: 29 § 97. Temporary beer and wine permit. 1. The liquor authority is here- 30 by authorized to issue temporary permits effective for a period not to 31 exceed twenty-four consecutive hours to authorize the sale of beer and 32 wine manufactured in New York state at outdoor or indoor gatherings, 33 functions, occasions or events, within the hours fixed by or pursuant to 34 subdivision five of section one hundred six of this chapter, during 35 which alcoholic beverages may lawfully be sold or served upon premises 36 licensed to sell alcoholic beverages at retail for on-premises consump- 37 tion in the community in which is located the premises in which such 38 gathering, function, occasion or event is held. The fee for such permit 39 shall be [twenty-six] twenty-five dollars. Such permit and the exercise 40 of the privilege granted thereby shall be subject to such rules of the 41 liquor authority as it deems necessary. 42 2. The liquor authority is hereby authorized to issue an annual permit 43 to brewers and beer wholesalers authorizing such licensees to sell beer 44 for consumption at outdoor or indoor gatherings, functions, occasions or 45 events, provided that such gatherings are not open to admission to the 46 general public nor is admission thereto made contingent upon the payment 47 of an admission fee, donation or contribution, and further provided that 48 such beer is not resold at such gatherings. Every brewer or beer whole- 49 saler to whom a permit shall be issued hereunder shall require every 50 person to whom beer shall be sold for use at such gatherings to make, 51 execute and file with such brewer or beer wholesaler, upon a form to be 52 prescribed by the liquor authority, a statement, that the beer purchased 53 by such person will not be sold or offered for sale by such person. Such 54 statement shall be accepted for all purposes as the equivalent of an 55 affidavit, and if false, shall subject the person making and executing 56 the same to the same penalties as if he or she had been duly sworn. Such
S. 6785--A 8 1 permit shall be issued in the form prescribed by the liquor authority 2 and shall run concurrently with the annual term of the brewer's license 3 or of the wholesale beer license, and the fee for such permit shall be 4 [sixty-four] sixty dollars. Such a permit and the exercise of the privi- 5 leges granted thereunder shall be subject to such rules by the liquor 6 authority as it deems necessary. The provisions hereof shall not apply 7 to the sale of beer for consumption in the home. 8 4. The liquor authority is hereby authorized to issue a temporary 9 permit effective for a period not to exceed twenty-four consecutive 10 hours to any holder of a license to manufacture wine in this or any 11 other state, to sell wine at outdoor or indoor gatherings, functions, 12 occasions, or events, provided that such manufacturer produces not more 13 than one hundred fifty thousand gallons of wine annually. The fee for 14 such permit shall be [twenty-six] twenty-five dollars. 15 § 4. Paragraph (b) of subdivision 2 and subdivision 4 of section 97-a 16 of the alcoholic beverage control law, as added by chapter 396 of the 17 laws of 2010, are amended to read as follows: 18 (b) the applicant shall have filed with the authority an application 19 for a temporary retail permit, accompanied by a nonrefundable filing fee 20 of one hundred [twenty-eight] twenty-five dollars for all retail beer 21 licenses or six hundred forty dollars for all other retail licenses; 22 4. A temporary retail permit issued by the authority pursuant to this 23 section shall be for a period not to exceed ninety days. A temporary 24 permit may be extended at the discretion of the authority, for an addi- 25 tional thirty day period upon payment of an additional fee of [sixty- 26 four] sixty dollars for all retail beer licenses and [ninety-six] nine- 27 ty-five dollars for all other temporary permits and upon compliance with 28 all conditions required in this section. The authority may, in its 29 discretion, issue additional thirty day extensions upon payment of the 30 appropriate fee. 31 § 5. Subdivisions 2 and 3 of section 99-d of the alcoholic beverage 32 control law, subdivision 2 as amended by chapter 560 of the laws of 2011 33 and subdivision 3 as amended by section 24 of part Z of chapter 85 of 34 the laws of 2002, are amended to read as follows: 35 2. Before any change in the members of a limited liability company or 36 the transfer or assignment of a membership interest in a limited liabil- 37 ity company or any corporate change in stockholders, stockholdings, 38 alcoholic beverage officers, officers or directors, except officers and 39 directors of a premises licensed as a club or a luncheon club under this 40 chapter can be effectuated for the purposes of this chapter, there shall 41 be filed with the liquor authority an application for permission to make 42 such change and there shall be paid to the liquor authority in advance 43 upon filing of the application a fee of one hundred [twenty-eight] twen- 44 ty-five dollars. 45 (a) The provisions of this section shall not be applicable where there 46 are ten or more stockholders and such change involves less than ten per 47 centum of the stock of the corporation and the stock holdings of any 48 stockholder are not increased thereby to ten per centum or more of the 49 stock. 50 (b) Where the same corporation operates two or more premises separate- 51 ly licensed under this chapter a separate corporate change shall be 52 filed for each such licensed premises, except as otherwise provided for 53 by rule of the liquor authority. The corporate change fee provided for 54 herein shall not be applicable to more than one license held by the same 55 corporation.
S. 6785--A 9 1 (c) Notwithstanding any corporate change approved by the authority, a 2 licensed corporation or limited liability company shall be bound by the 3 representations set forth in the original application and any amendments 4 thereto approved by the authority. 5 3. Before any removal of a license to any premises other than the 6 licensed premises or to any other part of the building containing the 7 licensed premises, the licensee shall make an application to the liquor 8 authority for permission to effect such removal and shall pay to the 9 liquor authority in advance upon filing of the application a fee of one 10 hundred [ninety-two] ninety dollars where the base license fee is five 11 hundred dollars or more and [thirty-two] thirty dollars in all other 12 instances. 13 § 6. Paragraphs (a) and (b) of subdivision 4 of section 100 of the 14 alcoholic beverage control law, as amended by chapter 423 of the laws of 15 2016, are amended to read as follows: 16 (a) if the licensed premises is a legitimate theatre or concert hall, 17 or contiguous to and used in conjunction with a legitimate theatre or 18 concert hall, additional bars, counters or contrivances may be permitted 19 by the liquor authority upon payment to it of an annual fee of one 20 hundred dollars for each such additional bar, counter or contrivance so 21 permitted[,] in addition to the annual license fee paid by such licen- 22 see; 23 (b) if such licensed premises be located at a baseball park, race 24 track, or either outdoor or indoor athletic field, facility, arena or 25 stadium, additional bars, counters or contrivances where beer shall be 26 sold at retail for consumption on the premises may be permitted by the 27 liquor authority, upon payment to it of the annual fee of thirty dollars 28 for each such additional bar, counter or contrivance so permitted[,] in 29 addition to the amount of the annual license fee paid by the licensee; 30 and 31 § 7. Section 56 of the alcoholic beverage control law, as amended by 32 section 1 of part Z of chapter 85 of the laws of 2002, subdivision 1 as 33 amended by chapter 108 of the laws of 2012, paragraph (a) of subdivision 34 1 as amended by chapter 431 of the laws of 2014, and subdivision 11 as 35 added by chapter 422 of the laws of 2016, is amended to read as follows: 36 § 56. License fees. 1. The annual fee for a license to manufacture 37 beer shall be: 38 (a) four thousand dollars for a brewer's license, unless the annual 39 production of the brewer is less than seventy-five thousand barrels per 40 year, in which case the annual fee shall be three hundred twenty 41 dollars; 42 (b) three hundred twenty dollars for a farm brewery license. 43 2. The annual fee for a wholesaler's beer license shall be eight 44 hundred dollars. 45 3. The annual fee for a vendor's license shall be one hundred [forty- 46 four] forty dollars. 47 4. The annual fee for a license to sell beer at retail not to be 48 consumed on the premises where sold shall be one hundred ten dollars. 49 Where, however, the applicant is the holder of two such licenses, the 50 annual fee for each additional license thereafter issued to such licen- 51 see shall be double the amount hereinabove set forth. 52 5. The annual fee for a license to sell beer at retail to be consumed 53 on the premises where sold shall be three hundred twenty dollars in 54 cities having a population of one hundred thousand or over, and one 55 hundred sixty dollars elsewhere; provided, however, that where the prem- 56 ises to be licensed remain open only within the period commencing April
S. 6785--A 10 1 first and ending October thirty-first of any one year or only within the 2 period commencing October first and ending the following April thirti- 3 eth, the liquor authority, in its discretion, may grant a summer or 4 winter license effective only for such appropriate period of time, for 5 which an annual fee of one hundred sixty dollars shall be paid where the 6 premises are located in cities having a population of one hundred thou- 7 sand or over, and eighty dollars where such premises are located else- 8 where. 9 6. The annual fee for selling beer upon any railroad car to be 10 consumed on such car or any car connected therewith shall be [ninety- 11 six] ninety dollars for each railroad car licensed. 12 7. The annual fee for selling beer upon any vessel in this state, 13 other than one regularly and exclusively engaged in the business of 14 carrying passengers for hire, by charter or otherwise, for fishing 15 purposes, to be consumed on such vessel, shall be one hundred sixty 16 dollars for each vessel licensed. The annual fee for selling beer upon a 17 vessel regularly and exclusively engaged in the business of carrying 18 passengers for hire, by charter or otherwise, for fishing purposes, to 19 be consumed on such vessel, shall be forty dollars for each vessel 20 licensed. The annual fee for selling beer for off-premise consumption 21 upon a vessel regularly and exclusively engaged, as a duly licensed 22 supply ship, in furnishing supplies to other vessels, shall be eighty 23 dollars. 24 8. The annual fee for selling beer at any baseball park, race track or 25 outdoor athletic field or stadium, to be consumed in any such baseball 26 park, race track, or outdoor athletic field or stadium, shall be one 27 hundred [ninety-two] ninety dollars. 28 9. The annual fee for a license to sell beer and wine products at 29 retail not to be consumed on the premises where sold shall be one 30 hundred [ninety-eight] ninety-five dollars. 31 10. The annual fee for a license to sell beer and wine products at 32 retail not to be consumed on the premises where sold, when the applicant 33 is the holder of two such licenses, the annual fee for each additional 34 license thereafter issued to such licensee shall be three hundred 35 [fifty-two] fifty dollars. 36 11. The annual fee for a license to operate a custom beermakers' 37 center shall be three hundred twenty dollars. 38 § 8. Subdivision 6 of section 64 of the alcoholic beverage control 39 law, as amended by chapter 204 of the laws of 1963, is amended to read 40 as follows: 41 6. Where an on-premise license shall be granted to the owner of a 42 hotel situated in a town or village the liquor authority may in its 43 discretion grant to such owner the right to sell liquor and wine for 44 off-premise consumption under the same terms and conditions as apply to 45 off-premise licenses upon the payment of an additional fee of [sixty- 46 two] sixty dollars [and fifty cents]; provided, however, that this 47 permission shall not be granted if an off-premise license has been 48 granted for premises located within eight miles of such hotel. 49 § 9. Section 66 of the alcoholic beverage control law, as amended by 50 section 3 of part Z of chapter 85 of the laws of 2002, subdivision 1-a 51 as added by chapter 580 of the laws of 2002, subdivision 2-c as added by 52 chapter 564 of the laws of 2007, subdivision 3-a as added by chapter 297 53 of the laws of 2016, subdivision 4 as amended by chapter 703 of the laws 54 of 2022, and subdivision 10 as added by chapter 331 of the laws of 2004, 55 is amended to read as follows:
S. 6785--A 11 1 § 66. License fees. 1. The annual fee for a distiller's license, class 2 A, shall be twelve thousand dollars. 3 1-a. The annual fee for a distiller's license, class A-1, shall be two 4 hundred fifty dollars. 5 2. The annual fee for a distiller's license, class B, shall be eight 6 thousand dollars. 7 2-a. The annual fee for a distiller's license, class C, shall be one 8 hundred [twenty-eight] twenty-five dollars. 9 2-b. The annual fee for a distiller's license, class B-1, shall be 10 three hundred twenty dollars. 11 2-c. The annual fee for a distiller's license, class D, shall be one 12 hundred [twenty-eight] twenty-five dollars. 13 3. The annual fee for a license to sell liquor at wholesale [shall be 14 sixty-four hundred dollars]: 15 (a) if such wholesaler has revenue of at least twenty-five million 16 dollars within the previous year in New York state, shall be one million 17 dollars; and 18 (b) if such wholesaler has revenue under twenty-five million dollars 19 within the previous year in New York state, shall be eight hundred 20 dollars. 21 3-a. The annual fee for an importer's license shall be one hundred 22 twenty-five dollars. 23 4. The annual fee for a license, under section sixty-four or sixty- 24 four-a of this article, to sell liquor at retail to be consumed on the 25 premises where sold shall be twenty-one hundred [seventy-six] seventy 26 dollars in the counties of New York, Kings, Bronx and Queens; fifteen 27 hundred [thirty-six] thirty-five dollars in the county of Richmond and 28 in cities having a population of more than one hundred thousand and less 29 than one million; twelve hundred [sixteen] ten dollars in cities having 30 a population of more than fifty thousand and less than one hundred thou- 31 sand; and the sum of eight hundred [ninety-six] ninety-five dollars 32 elsewhere; except that the license fees for catering establishments and 33 off-premises catering establishments shall be two-thirds the license fee 34 specified herein and for clubs, except luncheon clubs and golf clubs, 35 shall be seven hundred fifty dollars in counties of New York, Kings, 36 Bronx and Queens; five hundred dollars in the county of Richmond and in 37 cities having a population of more than one hundred thousand and less 38 than one million; three hundred fifty dollars in cities having a popu- 39 lation of more than fifty thousand and less than one hundred thousand; 40 and the sum of two hundred fifty dollars elsewhere. The annual fees for 41 luncheon clubs shall be three hundred seventy-five dollars, and for golf 42 clubs in the counties of New York, Kings, Bronx, Queens, Nassau, Rich- 43 mond and Westchester, two hundred fifty dollars, and elsewhere one 44 hundred [eighty-seven] eighty-five dollars [and fifty cents]. Notwith- 45 standing any other provision of law to the contrary, there shall be no 46 annual fee for a license, under section sixty-four, to sell liquor at 47 retail to be consumed on the premises where the applicant is an organ- 48 ization organized under section two hundred sixty of the military law 49 and incorporated pursuant to the not-for-profit corporation law. 50 Provided, however, that where any premises for which a license is issued 51 pursuant to section sixty-four or sixty-four-a of this article remain 52 open only within the period commencing April first and ending October 53 thirty-first of any one year, or only within the period commencing Octo- 54 ber first and ending the following April thirtieth, the liquor authority 55 may, in its discretion, grant a summer or winter license effective only 56 for such appropriate period of time, for which a license fee shall be
S. 6785--A 12 1 paid to be pro-rated for the period for which such license is effective, 2 at the rate provided for in the city, town or village in which such 3 premises are located, except that no such license fee shall be less than 4 one-half of the regular annual license fee; provided further that where 5 the premises to be licensed are a race track or a golf course or are 6 licensed pursuant to section sixty-four or sixty-four-a of this article, 7 the period of such summer license may commence March first and end 8 November thirtieth. 9 Where a hotel, restaurant, club, golf course or race track is open 10 prior to April first and/or subsequent to October thirty-first by reason 11 of the issuance of a caterer's permit or permits issued by the authori- 12 ty, such fact alone shall not affect the eligibility of the premises or 13 the person owning or operating such hotel, restaurant, club, golf course 14 or race track for a summer license. 15 5. The annual fee for a license to sell liquor at retail not to be 16 consumed on the premises where sold shall be thirteen hundred [sixty- 17 six] sixty dollars in the counties of New York, Kings, Bronx and Queens; 18 eight hundred [fifty-four] fifty dollars in the county of Richmond and 19 in cities having a population of more than one hundred thousand and less 20 than one million; and elsewhere the sum of five hundred [twelve] ten 21 dollars. 22 6. The annual fee for a license to sell liquor upon any railroad car 23 to be consumed on such car or any car connected therewith shall be one 24 hundred [ninety-two] ninety dollars for each railroad car licensed. 25 7. The annual fee for a license to sell liquor upon any vessel in this 26 state to be consumed upon such vessel shall be sixteen hundred dollars 27 for each vessel licensed, provided, however, that where a vessel is 28 operated only within the period commencing April first and ending Octo- 29 ber thirty-first of any one year, the liquor authority may, in its 30 discretion, grant for such vessel a summer license effective only for 31 such period of time, for which a license fee of four hundred [forty- 32 eight] forty dollars shall be paid. 33 8. The annual fee for a license to sell liquor upon an aircraft being 34 operated on regularly scheduled flights by a United States certificated 35 airline in this state shall be nineteen thousand two hundred [twenty] 36 dollars per annum for an airline company operating up to and including 37 twenty such aircraft and twenty-five thousand six hundred [sixty] 38 dollars for such an airline operating more than twenty such aircraft. 39 9. The annual fee for a license for a bottle club shall be the same as 40 the annual fee for a special license to sell liquor at retail to be 41 consumed on the premises, as set forth in subdivision four of this 42 section. 43 10. Notwithstanding any provision to the contrary, the annual fee for 44 a license for an establishment defined as an owner-occupied residence 45 providing at least three but no more than five rooms for temporary tran- 46 sient lodgers with sleeping accommodations and a meal in the forenoon of 47 the day, known as a "bed and breakfast dwelling" as authorized by subdi- 48 vision five-a of section sixty-four of this article, shall be two 49 hundred dollars plus fifteen dollars per each available bedroom. 50 § 10. Subdivision 1 of section 79-a of the alcoholic beverage control 51 law, as amended by section 5 of part Z of chapter 85 of the laws of 52 2002, is amended to read as follows: 53 1. Any person licensed to sell beer at retail for consumption off the 54 premises, pursuant to section fifty-four of this chapter, shall, by 55 virtue of such license and upon payment to the liquor authority of an 56 additional fee in the sum of one hundred sixty-five dollars in cities
S. 6785--A 13 1 having a population of one hundred thousand or over and [eighty-three] 2 eighty dollars elsewhere, be granted authorization to sell from the 3 licensed premises wine products in sealed containers for consumption off 4 such premises. Upon receipt of such additional fee, the liquor authority 5 shall promptly issue a permit authorizing such sales by the licensee. 6 § 11. Subdivisions 1 and 1-a of section 79-b of the alcoholic beverage 7 control law, as amended by section 6 of part Z of chapter 85 of the laws 8 of 2002, are amended to read as follows: 9 1. Any person licensed to sell beer at retail for consumption on the 10 premises, pursuant to section fifty-five of this chapter, shall, by 11 virtue of such license and upon payment to the liquor authority of an 12 additional fee in the sum of one hundred [ninety-two] ninety dollars in 13 cities having a population of one hundred thousand or over and [ninety- 14 six] ninety dollars elsewhere, be granted authorization to sell from the 15 licensed premises wine products in sealed containers at retail for 16 consumption on or off such premises. Upon receipt of such additional 17 fee, the liquor authority shall promptly issue a permit authorizing such 18 sales by the licensee. 19 1-a. Any person licensed to sell beer at retail for consumption on the 20 premises, pursuant to section fifty-five-a of this chapter, shall, by 21 virtue of such license and upon payment to the liquor authority of an 22 additional fee in the sum of one hundred [ninety-two] ninety dollars in 23 cities having a population of one hundred thousand or over and [ninety- 24 six] ninety dollars elsewhere, be granted authorization to sell from the 25 licensed premises wine products in sealed containers at retail for 26 consumption on such premises. Upon receipt of such additional fee, the 27 liquor authority shall promptly issue a permit authorizing such sales by 28 the licensee. 29 § 12. Section 83 of the alcoholic beverage control law, as amended by 30 section 7 of part Z of chapter 85 of the laws of 2002, subdivision 1-a 31 as amended by chapter 221 of the laws of 2011, subdivision 1-d as 32 amended by chapter 613 of the laws of 2008, subdivision 8 as added by 33 chapter 355 of the laws of 2013, and subdivision 9 as added by chapter 34 422 of the laws of 2016, is amended to read as follows: 35 § 83. License fees. 1. The annual fee for a winery license shall be 36 six hundred twenty-five dollars. 37 1-a. The annual fee for a farm winery license shall be one hundred 38 twenty-five dollars, provided that the annual fee for a farm winery 39 manufacturing no more than fifteen hundred finished gallons of wine 40 annually shall be fifty dollars. 41 1-d. The fee for each license issued for a winery or farm winery 42 licensee's authority to conduct wine tastings and the sale of New York 43 state labelled wines for off-premises consumption pursuant to paragraph 44 (c) of subdivision two of section seventy-six of this article shall be 45 forty dollars. 46 2. The annual fee for a license to sell wine at wholesale [shall be 47 eight hundred dollars]: 48 (a) if such wholesaler has revenue of at least twenty-five million 49 dollars within the previous year in New York state, shall be one million 50 dollars; and 51 (b) if such wholesaler has revenue of under twenty-five million 52 dollars within the previous year in New York state, shall be eight 53 hundred dollars. 54 3. The annual fee for a license to sell wine at retail, not to be 55 consumed on the premises, shall be six hundred forty dollars for each 56 such place where such business is carried on in cities having a popu-
S. 6785--A 14 1 lation of one million or more; in cities having less than one million 2 population and more than one hundred thousand, three hundred twenty 3 dollars; and elsewhere, the sum of one hundred forty-five dollars. 4 4. The annual fee for selling wine at retail, to be consumed on the 5 premises where sold, shall be as follows: 6 (a) In cities having a population of one hundred thousand or over the 7 sum of four hundred eighty dollars per year; and 8 (b) Elsewhere, the sum of two hundred forty dollars per year. 9 4-a. The annual fee for a license to sell wine at retail to be 10 consumed on the premises where sold where the premises to be licensed 11 remain open only within the period commencing April first and ending 12 October thirty-first of any one year or only within the period commenc- 13 ing October first and ending the following April thirtieth, the liquor 14 authority, in its discretion, may grant a summer or winter license 15 effective only for such appropriate period of time, for which an annual 16 fee of one hundred [twelve] ten dollars shall be paid. 17 5. The annual fee for a special license to sell wine at retail, to be 18 consumed on the premises where sold, shall be as follows: 19 (a) In cities having a population of one hundred thousand or over, the 20 sum of five hundred [seventy-six] seventy-five dollars per year; and 21 (b) Elsewhere, the sum of two hundred seventy dollars per year. 22 6. The annual fee for a special winery license shall be six hundred 23 twenty-five dollars. 24 7. The annual fee for a special farm winery license shall be one 25 hundred twenty-five dollars. 26 8. The annual fee for a roadside farm market license shall be one 27 hundred dollars. 28 9. The annual fee for a license to operate a custom winemakers' center 29 shall be three hundred twenty dollars. 30 § 13. Section 122 of the alcoholic beverage control law, as amended by 31 chapter 408 of the laws of 1997, is amended to read as follows: 32 § 122. Continuance of business by receiver or other representative. 33 If a corporation or copartnership holding any license or holding a 34 permit for which an annual fee of one hundred dollars or more is 35 prescribed by this chapter shall be dissolved, or if a receiver or 36 assignee for the benefit of creditors be appointed therefor, or if a 37 receiver, assignee for the benefit of creditors or a committee or 38 conservator of the property of an individual holding any license or 39 holding a permit for which an annual fee of one hundred dollars or more 40 is prescribed by this chapter be appointed, during the time for which 41 such license or permit was granted, or if a person, including a member 42 of a copartnership, holding any license or holding a permit for which an 43 annual fee of one hundred dollars or more is prescribed by this chapter 44 shall die during the term for which such license or permit was given, 45 such corporation, copartnership, receiver or assignee, or the adminis- 46 trator or executor of the estate of such individual, or of such deceased 47 member of a copartnership, or a committee of the property of a person 48 adjudged to be incompetent, or a conservator of the property of an indi- 49 vidual, or a petition under title eleven of the United States code shall 50 have been filed and a trustee has been appointed or the holder of the 51 license [of] or permit has been permitted to remain in possession with- 52 out the appointment of a trustee, may continue to carry on such business 53 upon such premises for the balance of the term for which such license or 54 permit was effective, with the same rights and subject to the same 55 restrictions and liabilities as if he had been the original applicant 56 for and the original holder, or one of either of them, of such license
S. 6785--A 15 1 or permit, providing the approval of the liquor authority shall be first 2 obtained. Before continuing such business, such receiver, assignee, 3 individual, committee, or conservator, debtor in possession, or trustee 4 in bankruptcy shall file a statement setting forth in such form and 5 substance as the liquor authority may prescribe the facts and circum- 6 stances by which he has succeeded to the rights of the original licensee 7 or permittee. The liquor authority may, in its discretion, permit the 8 continuance of such business or may refuse to do so. In the event that 9 the authority determines to permit the continuance of the business, the 10 license or permit shall be submitted to the authority and shall have 11 affixed thereto a certificate in the form prescribed by the authority. 12 For each such certificate, a fee shall be paid to the liquor authority 13 of fifty dollars by the applicant, except in the case of an off-premise 14 beer license, such fee shall be ten dollars which shall be paid into the 15 same fund as other license fees herein provided for. 16 § 14. This act shall take effect on the first of January next succeed- 17 ing the date on which it shall have become a law. Effective immediately, 18 the addition, amendment and/or repeal of any rule or regulation neces- 19 sary for the implementation of this act on its effective date are 20 authorized to be made and completed on or before such effective date. 21 PART J 22 Section 1. The opening paragraph of subdivision 1 of section 110-b of 23 the alcoholic beverage control law, as amended by chapter 222 of the 24 laws of 2019, is amended to read as follows: 25 Not [less than thirty nor] more than two hundred [and] seventy days 26 before filing any of the following applications provided for in this 27 subdivision, an applicant shall notify the municipality in which the 28 premises is located of such applicant's intent to file such an applica- 29 tion. The proof of notification, provided for in subdivisions six and 30 six-a of this section, must be provided at the time of application; 31 failure to so provide shall constitute good cause for denial. The 32 authority may not act to approve any application subject to this section 33 prior to the passage of thirty days from the date notification was 34 provided to the municipality. This section shall apply to an 35 application: 36 § 2. This act shall take effect immediately. 37 PART K 38 Section 1. The opening paragraph of subdivision 2 of section 99-d of 39 the alcoholic beverage control law, as amended by chapter 560 of the 40 laws of 2011, is amended to read as follows: 41 Before any change in the members of a limited liability company or the 42 transfer or assignment of a membership interest in a limited liability 43 company or any corporate change in stockholders, stockholdings, alcohol- 44 ic beverage officers, officers or directors, except officers and direc- 45 tors of a premises licensed as a club or a luncheon club under this 46 chapter can be effectuated for the purposes of this chapter, there shall 47 be filed with the liquor authority an application for permission to make 48 such change and there shall be paid to the liquor authority in advance 49 upon filing of the application a fee of one hundred twenty-eight 50 dollars. If the authority does not act within ninety days of receipt of 51 such application, the change shall be deemed approved. Provided, howev- 52 er, any change which is in violation of any provision of this chapter,
S. 6785--A 16 1 including but not limited to those in sections one hundred one, one 2 hundred twenty-six, and one hundred twenty-eight of this chapter, may 3 not be approved or deemed approved. 4 § 2. This act shall take effect immediately. 5 PART L 6 Section 1. Subdivision 3 of section 97-a of the alcoholic beverage 7 control law, as amended by chapter 106 of the laws of 2022, is amended 8 to read as follows: 9 3. A temporary retail permit under paragraph (b) of subdivision one of 10 this section may not be issued for any premises that is subject to the 11 provisions of section sixty-three or seventy-nine of this chapter; a 12 temporary retail permit under paragraph (b) of subdivision one of this 13 section shall not be issued for a premises subject to the provisions of 14 paragraph (b) of subdivision seven of section sixty-four, subparagraph 15 (ii) of paragraph (a) of subdivision seven of section sixty-four-a, 16 subparagraph (ii) of paragraph (a) of subdivision eleven of section 17 sixty-four-c, or paragraph (b) of subdivision eight of section sixty- 18 four-d of this chapter, unless and until a recommendation that there be 19 a finding of public interest has been made by an administrative law 20 judge pursuant to paragraph (f) of subdivision seven of section sixty- 21 four, paragraph (d) of subdivision seven of section sixty-four-a, para- 22 graph (c) of subdivision five of section sixty-four-b, paragraph (c) of 23 subdivision eleven of section sixty-four-c, or paragraph (e) of subdivi- 24 sion eight of section sixty-four-d of this chapter. Provided however, 25 any premises granted a temporary retail permit pursuant to this subdivi- 26 sion in a city with a population of one million or more people shall 27 only be allowed to operate on the premises under the following condi- 28 tions: [an active] no retail license [shall have existed] at the applied 29 for location [within the past two years, and such license] shall [not] 30 have been canceled, suspended, or revoked by the authority within the 31 past two years; the closing time any day of the week shall be no later 32 than midnight; provided however that the closing time of any outdoor 33 space shall be no later than ten o'clock post-meridian Sunday through 34 Thursday and eleven o'clock post-meridian Friday and Saturday; no 35 outdoor music; indoors shall have recorded background music only, with 36 no live music, DJ's, karaoke, or similar forms of music; and no dancing. 37 The authority shall automatically lift such restrictions if the authori- 38 ty issues a retail license for the premises, and replace such 39 restrictions with other restrictions, if any, imposed by the authority 40 in accordance with the public interest standard. 41 § 2. Subdivision 4 of section 97-a of the alcoholic beverage control 42 law, as added by chapter 396 of the laws of 2010, is amended to read as 43 follows: 44 4. A temporary retail permit issued by the authority pursuant to this 45 section shall be for a period not to exceed ninety days. A temporary 46 permit may be extended at the discretion of the authority, for an addi- 47 tional [thirty] ninety day period upon payment of an additional fee of 48 sixty-four dollars for all retail beer licenses and ninety-six dollars 49 for all other temporary permits and upon compliance with all conditions 50 required in this section. The authority may, in its discretion, issue 51 additional [thirty] ninety day extensions upon payment of the appropri- 52 ate fee.
S. 6785--A 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 business 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 that may not under 45 law operate concurrently has been surrendered or placed in safekeeping, 46 or has been deemed abandoned by the authority. 47 3. The liquor authority in granting such permit shall ensure that: 48 (a) issuance of the permit will not inordinately hinder the operation 49 or effective administration of this chapter; 50 (b) the applicant would in all likelihood be able to ultimately obtain 51 the wholesale license being applied for; and 52 (c) the applicant has substantially complied with the requirements 53 necessary to obtain such license.
S. 6785--A 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 sale of alcoholic beverages according to the 6 laws applicable to the type of wholesale license being applied for. 7 6. Such temporary permit shall remain in effect until the wholesale 8 license being applied for is approved and the license granted or a 9 determination is made to reject the application for the license. 10 7. Notwithstanding any provision of law to the contrary, a temporary 11 permit may be summarily cancelled or suspended at any time if the liquor 12 authority determines that good cause for cancellation or suspension 13 exists. The liquor authority shall promptly notify the permittee in 14 writing of such cancellation or suspension and shall set forth the 15 reasons for such action. 16 8. The liquor authority in reviewing such application shall review the 17 entire record and grant the temporary permit unless good cause is other- 18 wise shown. A decision on an application shall be based on substantial 19 evidence in the record and supported by a preponderance of the evidence 20 in favor of the applicant. 21 § 2. This act shall take effect on the ninetieth day after it shall 22 have become a law. 23 PART N 24 Section 1. Paragraph (a) of subdivision 7 of section 64 of the alco- 25 holic beverage control law, as amended by chapter 463 of the laws of 26 2009, is amended to read as follows: 27 (a) on the same street or avenue and within two hundred feet of a 28 building occupied exclusively as a school, church, synagogue or other 29 place of worship; provided, however, that such restriction related to a 30 church, synagogue or other place of worship shall only apply if the 31 church, synagogue or other place of worship has occupied its current 32 location, in whole or in part, for at least five years prior to the date 33 of application for a license to sell liquor at retail for consumption on 34 the premises, or 35 § 2. This act shall take effect immediately. 36 PART O 37 Section 1. Paragraphs b and f of subdivision 7 of section 64 of the 38 alcoholic beverage control law are REPEALED. 39 § 2. This act shall take effect immediately. 40 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 41 sion, section or part of this act shall be adjudged by any court of 42 competent jurisdiction to be invalid, such judgment shall not affect, 43 impair, or invalidate the remainder thereof, but shall be confined in 44 its operation to the clause, sentence, paragraph, subdivision, section 45 or part thereof directly involved in the controversy in which such judg- 46 ment shall have been rendered. It is hereby declared to be the intent of 47 the legislature that this act would have been enacted even if such 48 invalid provisions had not been included herein. 49 § 3. This act shall take effect immediately provided, however, that 50 the applicable effective date of Parts A through O of this act shall be 51 as specifically set forth in the last section of such Parts.