LBD15585-03-2
S. 9033 2
§ 3. Section 97 of the alcoholic beverage control law, as amended by
chapter 204 of the laws of 1963, the section heading as amended by chap-
ter 363 of the laws of 1977, subdivisions 1 and 2 as amended by section
19 of part Z of chapter 85 of the laws of 2002, and subdivision 4 as
added by chapter 120 of the laws of 2012, is amended to read as follows:
§ 97. Temporary beer and wine permit. 1. The liquor authority is here-
by authorized to issue temporary permits effective for a period not to
exceed twenty-four consecutive hours to authorize the sale of beer and
wine manufactured in New York state at outdoor or indoor gatherings,
functions, occasions or events, within the hours fixed by or pursuant to
subdivision five of section one hundred six of this chapter, during
which alcoholic beverages may lawfully be sold or served upon premises
licensed to sell alcoholic beverages at retail for on-premises consump-
tion in the community in which is located the premises in which such
gathering, function, occasion or event is held. The fee for such permit
shall be [twenty-six] TWENTY-FIVE dollars. Such permit and the exercise
of the privilege granted thereby shall be subject to such rules of the
liquor authority as it deems necessary.
2. The liquor authority is hereby authorized to issue an annual permit
to brewers and beer wholesalers authorizing such licensees to sell beer
for consumption at outdoor or indoor gatherings, functions, occasions or
events, provided that such gatherings are not open to admission to the
general public nor is admission thereto made contingent upon the payment
of an admission fee, donation or contribution, and further provided that
such beer is not resold at such gatherings. Every brewer or beer whole-
saler to whom a permit shall be issued hereunder shall require every
person to whom beer shall be sold for use at such gatherings to make,
execute and file with such brewer or beer wholesaler, upon a form to be
prescribed by the liquor authority, a statement, that the beer purchased
by such person will not be sold or offered for sale by such person. Such
statement shall be accepted for all purposes as the equivalent of an
affidavit, and if false, shall subject the person making and executing
the same to the same penalties as if he had been duly sworn. Such permit
shall be issued in the form prescribed by the liquor authority and shall
run concurrently with the annual term of the brewer's license or of the
wholesale beer license, and the fee for such permit shall be [sixty-
four] SIXTY dollars. Such a permit and the exercise of the privileges
granted thereunder shall be subject to such rules by the liquor authori-
ty as it deems necessary. The provisions hereof shall not apply to the
sale of beer for consumption in the home.
4. The liquor authority is hereby authorized to issue a temporary
permit effective for a period not to exceed twenty-four consecutive
hours to any holder of a license to manufacture wine in this or any
other state, to sell wine at outdoor or indoor gatherings, functions,
occasions, or events, provided that such manufacturer produces not more
than one hundred fifty thousand gallons of wine annually. The fee for
such permit shall be [twenty-six] TWENTY-FIVE dollars.
§ 4. Paragraph (b) of subdivision 2 and subdivision 4 of section 97-a
of the alcoholic beverage control law, as added by chapter 396 of the
laws of 2010, are amended to read as follows:
(b) the applicant shall have filed with the authority an application
for a temporary retail permit, accompanied by a nonrefundable filing fee
of one hundred [twenty-eight] TWENTY-FIVE dollars for all retail beer
licenses or six hundred forty dollars for all other retail licenses;
4. A temporary retail permit issued by the authority pursuant to this
section shall be for a period not to exceed ninety days. A temporary
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permit may be extended at the discretion of the authority, for an addi-
tional thirty day period upon payment of an additional fee of [sixty-
four] SIXTY dollars for all retail beer licenses and [ninety-six] NINE-
TY-FIVE dollars for all other temporary permits and upon compliance with
all conditions required in this section. The authority may, in its
discretion, issue additional thirty day extensions upon payment of the
appropriate fee.
§ 5. Subdivisions 2 and 3 of section 99-d of the alcoholic beverage
control law, subdivision 2 as amended by chapter 560 of the laws of 2011
and subdivision 3 as amended by section 24 of part Z of chapter 85 of
the laws of 2002, are amended to read as follows:
2. Before any change in the members of a limited liability company or
the transfer or assignment of a membership interest in a limited liabil-
ity company or any corporate change in stockholders, stockholdings,
alcoholic beverage officers, officers or directors, except officers and
directors of a premises licensed as a club or a luncheon club under this
chapter can be effectuated for the purposes of this chapter, there shall
be filed with the liquor authority an application for permission to make
such change and there shall be paid to the liquor authority in advance
upon filing of the application a fee of one hundred [twenty-eight] TWEN-
TY-FIVE dollars.
(a) The provisions of this section shall not be applicable where there
are ten or more stockholders and such change involves less than ten per
centum of the stock of the corporation and the stock holdings of any
stockholder are not increased thereby to ten per centum or more of the
stock.
(b) Where the same corporation operates two or more premises separate-
ly licensed under this chapter a separate corporate change shall be
filed for each such licensed premises, except as otherwise provided for
by rule of the liquor authority. The corporate change fee provided for
herein shall not be applicable to more than one license held by the same
corporation.
(c) Notwithstanding any corporate change approved by the authority, a
licensed corporation or limited liability company shall be bound by the
representations set forth in the original application and any amendments
thereto approved by the authority.
3. Before any removal of a license to any premises other than the
licensed premises or to any other part of the building containing the
licensed premises, the licensee shall make an application to the liquor
authority for permission to effect such removal and shall pay to the
liquor authority in advance upon filing of the application a fee of one
hundred [ninety-two] NINETY dollars where the base license fee is five
hundred dollars or more and [thirty-two] THIRTY dollars in all other
instances.
§ 6. Paragraphs (a) and (b) of subdivision 4 of section 100 of the
alcoholic beverage control law, as amended by chapter 423 of the laws of
2016, are amended to read as follows:
(a) if the licensed premises is a legitimate theatre or concert hall,
or contiguous to and used in conjunction with a legitimate theatre or
concert hall, additional bars, counters or contrivances may be permitted
by the liquor authority upon payment to it of an annual fee of one
hundred dollars for each such additional bar, counter or contrivance so
permitted[,] in addition to the annual license fee paid by such licen-
see;
(b) if such licensed premises be located at a baseball park, race
track, or either outdoor or indoor athletic field, facility, arena or
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stadium, additional bars, counters or contrivances where beer shall be
sold at retail for consumption on the premises may be permitted by the
liquor authority, upon payment to it of the annual fee of thirty dollars
for each such additional bar, counter or contrivance so permitted[,] in
addition to the amount of the annual license fee paid by the licensee;
and
§ 7. Section 56 of the alcoholic beverage control law, as amended by
section 1 of part Z of chapter 85 of the laws of 2002, subdivision 1 as
amended by chapter 108 of the laws of 2012, paragraph (a) of subdivision
1 as amended by chapter 431 of the laws of 2014, and subdivision 11 as
added by chapter 422 of the laws of 2016, is amended to read as follows:
§ 56. License fees. 1. The annual fee for a license to manufacture
beer shall be:
(a) four thousand dollars for a brewer's license, unless the annual
production of the brewer is less than seventy-five thousand barrels per
year, in which case the annual fee shall be three hundred twenty
dollars;
(b) three hundred twenty dollars for a farm brewery license.
2. The annual fee for a wholesaler's beer license shall be eight
hundred dollars.
3. The annual fee for a vendor's license shall be one hundred [forty-
four] FORTY dollars.
4. The annual fee for a license to sell beer at retail not to be
consumed on the premises where sold shall be one hundred ten dollars.
Where, however, the applicant is the holder of two such licenses, the
annual fee for each additional license thereafter issued to such licen-
see shall be double the amount hereinabove set forth.
5. The annual fee for a license to sell beer at retail to be consumed
on the premises where sold shall be three hundred twenty dollars in
cities having a population of one hundred thousand or over, and one
hundred sixty dollars elsewhere; provided, however, that where the prem-
ises to be licensed remain open only within the period commencing April
first and ending October thirty-first of any one year or only within the
period commencing October first and ending the following April thirti-
eth, the liquor authority, in its discretion, may grant a summer or
winter license effective only for such appropriate period of time, for
which an annual fee of one hundred sixty dollars shall be paid where the
premises are located in cities having a population of one hundred thou-
sand or over, and eighty dollars where such premises are located else-
where.
6. The annual fee for selling beer upon any railroad car to be
consumed on such car or any car connected therewith shall be [ninety-
six] NINETY dollars for each railroad car licensed.
7. The annual fee for selling beer upon any vessel in this state,
other than one regularly and exclusively engaged in the business of
carrying passengers for hire, by charter or otherwise, for fishing
purposes, to be consumed on such vessel, shall be one hundred sixty
dollars for each vessel licensed. The annual fee for selling beer upon a
vessel regularly and exclusively engaged in the business of carrying
passengers for hire, by charter or otherwise, for fishing purposes, to
be consumed on such vessel, shall be forty dollars for each vessel
licensed. The annual fee for selling beer for off-premise consumption
upon a vessel regularly and exclusively engaged, as a duly licensed
supply ship, in furnishing supplies to other vessels, shall be eighty
dollars.
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8. The annual fee for selling beer at any baseball park, race track or
outdoor athletic field or stadium, to be consumed in any such baseball
park, race track, or outdoor athletic field or stadium, shall be one
hundred [ninety-two] NINETY dollars.
9. The annual fee for a license to sell beer and wine products at
retail not to be consumed on the premises where sold shall be one
hundred [ninety-eight] NINETY-FIVE dollars.
10. The annual fee for a license to sell beer and wine products at
retail not to be consumed on the premises where sold, when the applicant
is the holder of two such licenses, the annual fee for each additional
license thereafter issued to such licensee shall be three hundred
[fifty-two] FIFTY dollars.
11. The annual fee for a license to operate a custom beermakers'
center shall be three hundred twenty dollars.
§ 8. Subdivision 6 of section 64 of the alcoholic beverage control
law, as amended by chapter 204 of the laws of 1963, is amended to read
as follows:
6. Where an on-premise license shall be granted to the owner of a
hotel situated in a town or village the liquor authority may in its
discretion grant to such owner the right to sell liquor and wine for
off-premise consumption under the same terms and conditions as apply to
off-premise licenses upon the payment of an additional fee of [sixty-
two] SIXTY dollars [and fifty cents]; provided, however, that this
permission shall not be granted if an off-premise license has been
granted for premises located within eight miles of such hotel.
§ 9. Section 66 of the alcoholic beverage control law, as amended by
section 3 of part Z of chapter 85 of the laws of 2002, subdivision 1-a
as added by chapter 580 of the laws of 2002, subdivision 2-c as added by
chapter 564 of the laws of 2007, subdivision 3-a as added by chapter 297
of the laws of 2016, and subdivision 10 as added by chapter 331 of the
laws of 2004, is amended to read as follows:
§ 66. License fees. 1. The annual fee for a distiller's license, class
A, shall be twelve thousand dollars.
1-a. The annual fee for a distiller's license, class A-1, shall be two
hundred fifty dollars.
2. The annual fee for a distiller's license, class B, shall be eight
thousand dollars.
2-a. The annual fee for a distiller's license, class C, shall be one
hundred [twenty-eight] TWENTY-FIVE dollars.
2-b. The annual fee for a distiller's license, class B-1, shall be
three hundred twenty dollars.
2-c. The annual fee for A distiller's license, class D, shall be one
hundred [twenty-eight] TWENTY-FIVE dollars.
3. The annual fee for a license to sell liquor at wholesale [shall be
sixty-four hundred dollars]:
(A) IF SUCH WHOLESALER HAS REVENUE OF AT LEAST TWENTY-FIVE MILLION
DOLLARS WITHIN THE PREVIOUS YEAR IN NEW YORK STATE, SHALL BE ONE MILLION
DOLLARS; AND
(B) IF SUCH WHOLESALER HAS REVENUE UNDER TWENTY-FIVE MILLION DOLLARS
WITHIN THE PREVIOUS YEAR IN NEW YORK STATE, SHALL BE EIGHT HUNDRED
DOLLARS.
3-a. The annual fee for an importer's license shall be one hundred
twenty-five dollars.
4. The annual fee for a license, under section sixty-four or sixty-
four-a, to sell liquor at retail to be consumed on the premises where
sold shall be twenty-one hundred [seventy-six] SEVENTY dollars in the
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counties of New York, Kings, Bronx and Queens; fifteen hundred [thirty-
six] THIRTY-FIVE dollars in the county of Richmond and in cities having
a population of more than one hundred thousand and less than one
million; twelve hundred [sixteen] TEN dollars in cities having a popu-
lation of more than fifty thousand and less than one hundred thousand;
and the sum of eight hundred [ninety-six] NINETY-FIVE dollars elsewhere;
except that the license fees for catering establishments shall be two-
thirds the license fee specified herein and for clubs, except luncheon
clubs and golf clubs, shall be seven hundred fifty dollars in counties
of New York, Kings, Bronx and Queens; five hundred dollars in the county
of Richmond and in cities having a population of more than one hundred
thousand and less than one million; three hundred fifty dollars in
cities having a population of more than fifty thousand and less than one
hundred thousand; and the sum of two hundred fifty dollars elsewhere.
The annual fees for luncheon clubs shall be three hundred seventy-five
dollars, and for golf clubs in the counties of New York, Kings, Bronx,
Queens, Nassau, Richmond and Westchester, two hundred fifty dollars, and
elsewhere one hundred [eighty-seven] EIGHTY-FIVE dollars [and fifty
cents]. Notwithstanding any other provision of law to the contrary,
there shall be no annual fee for a license, under section sixty-four, to
sell liquor at retail to be consumed on the premises where the applicant
is an organization organized under section two hundred sixty of the
military law and incorporated pursuant to the not-for-profit corporation
law. Provided, however, that where any premises for which a license is
issued pursuant to section sixty-four or sixty-four-a of this article
remain open only within the period commencing April first and ending
October thirty-first of any one year, or only within the period commenc-
ing October first and ending the following April thirtieth, the liquor
authority may, in its discretion, grant a summer or winter license
effective only for such appropriate period of time, for which a license
fee shall be paid to be pro-rated for the period for which such license
is effective, at the rate provided for in the city, town or village in
which such premises are located, except that no such license fee shall
be less than one-half of the regular annual license fee; provided
further that where the premises to be licensed are a race track or a
golf course or are licensed pursuant to section sixty-four or sixty-
four-a of this chapter, the period of such summer license may commence
March first and end November thirtieth.
Where a hotel, restaurant, club, golf course or race track is open
prior to April first and/or subsequent to October thirty-first by reason
of the issuance of a caterer's permit or permits issued by the authori-
ty, such fact alone shall not affect the eligibility of the premises or
the person owning or operating such hotel, restaurant, club, golf course
or race track for a summer license.
5. The annual fee for a license to sell liquor at retail not to be
consumed on the premises where sold shall be thirteen hundred [sixty-
six] SIXTY dollars in the counties of New York, Kings, Bronx and Queens;
eight hundred [fifty-four] FIFTY dollars in the county of Richmond and
in cities having a population of more than one hundred thousand and less
than one million; and elsewhere the sum of five hundred [twelve] TEN
dollars.
6. The annual fee for a license to sell liquor upon any railroad car
to be consumed on such car or any car connected therewith shall be one
hundred [ninety-two] NINETY dollars for each railroad car licensed.
7. The annual fee for a license to sell liquor upon any vessel in this
state to be consumed upon such vessel shall be sixteen hundred dollars
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for each vessel licensed, provided, however, that where a vessel is
operated only within the period commencing April first and ending Octo-
ber thirty-first of any one year, the liquor authority may, in its
discretion, grant for such vessel a summer license effective only for
such period of time, for which a license fee of four hundred [forty-
eight] FORTY dollars shall be paid.
8. The annual fee for a license to sell liquor upon an aircraft being
operated on regularly scheduled flights by a United States certificated
airline in this state shall be nineteen THOUSAND TWO hundred [twenty]
dollars per annum for an airline company operating up to and including
twenty such aircraft and twenty-five THOUSAND SIX hundred [sixty]
dollars for such an airline operating more than twenty such aircraft.
9. The annual fee for a license for a bottle club shall be the same as
the annual fee for a special license to sell liquor at retail to be
consumed on the premises, as set forth in subdivision four of this
section.
10. Notwithstanding any provision to the contrary, the annual fee for
a license for an establishment defined as an owner-occupied residence
providing at least three but no more than five rooms for temporary tran-
sient lodgers with sleeping accommodations and a meal in the forenoon of
the day, known as a "bed and breakfast dwelling" as authorized by subdi-
vision five-a of section sixty-four of this article, shall be two
hundred dollars plus fifteen dollars per each available bedroom.
§ 10. Subdivision 1 of section 79-a of the alcoholic beverage control
law, as amended by section 5 of part Z of chapter 85 of the laws of
2002, is amended to read as follows:
1. Any person licensed to sell beer at retail for consumption off the
premises, pursuant to section fifty-four of this chapter, shall, by
virtue of such license and upon payment to the liquor authority of an
additional fee in the sum of one hundred sixty-five dollars in cities
having a population of one hundred thousand or over and [eighty-three]
EIGHTY dollars elsewhere, be granted authorization to sell from the
licensed premises wine products in sealed containers for consumption off
such premises. Upon receipt of such additional fee, the liquor authority
shall promptly issue a permit authorizing such sales by the licensee.
§ 11. Subdivisions 1 and 1-a of section 79-b of the alcoholic beverage
control law, as amended by section 6 of part Z of chapter 85 of the laws
of 2002, are amended to read as follows:
1. Any person licensed to sell beer at retail for consumption on the
premises, pursuant to section fifty-five of this chapter, shall, by
virtue of such license and upon payment to the liquor authority of an
additional fee in the sum of one hundred [ninety-two] NINETY dollars in
cities having a population of one hundred thousand or over and [ninety-
six] NINETY dollars elsewhere, be granted authorization to sell from the
licensed premises wine products in sealed containers at retail for
consumption on or off such premises. Upon receipt of such additional
fee, the liquor authority shall promptly issue a permit authorizing such
sales by the licensee.
1-a. Any person licensed to sell beer at retail for consumption on the
premises, pursuant to section fifty-five-a of this chapter, shall, by
virtue of such license and upon payment to the liquor authority of an
additional fee in the sum of one hundred [ninety-two] NINETY dollars in
cities having a population of one hundred thousand or over and [ninety-
six] NINETY dollars elsewhere, be granted authorization to sell from the
licensed premises wine products in sealed containers at retail for
consumption on such premises. Upon receipt of such additional fee, the
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liquor authority shall promptly issue a permit authorizing such sales by
the licensee.
§ 12. Section 83 of the alcoholic beverage control law, as amended by
section 7 of part Z of chapter 85 of the laws of 2002, subdivision 1-a
as amended by chapter 221 of the laws of 2011, subdivision 1-d as
amended by chapter 613 of the laws of 2008, subdivision 8 as added by
chapter 355 of the laws of 2013, and subdivision 9 as added by chapter
422 of the laws of 2016, is amended to read as follows:
§ 83. License fees. 1. The annual fee for a winery license shall be
six hundred twenty-five dollars.
1-a. The annual fee for a farm winery license shall be one hundred
twenty-five dollars, provided that the annual fee for a farm winery
manufacturing no more than fifteen hundred finished gallons of wine
annually shall be fifty dollars.
1-d. The fee for each license issued for a winery or farm winery
licensee's authority to conduct wine tastings and the sale of New York
state labelled wines for off-premises consumption pursuant to paragraph
(c) of subdivision two of section seventy-six of this article shall be
forty dollars.
2. The annual fee for a license to sell wine at wholesale [shall be
eight hundred dollars]:
(A) IF SUCH WHOLESALER HAS REVENUE OF AT LEAST TWENTY-FIVE MILLION
DOLLARS WITHIN THE PREVIOUS YEAR IN NEW YORK STATE, SHALL BE ONE MILLION
DOLLARS; AND
(B) IF SUCH WHOLESALER HAS REVENUE OF UNDER TWENTY-FIVE MILLION
DOLLARS WITHIN THE PREVIOUS YEAR IN NEW YORK STATE, SHALL BE EIGHT
HUNDRED DOLLARS.
3. The annual fee for a license to sell wine at retail, not to be
consumed on the premises, shall be six hundred forty dollars for each
such place where such business is carried on in cities having a popu-
lation of one million or more; in cities having less than one million
population and more than one hundred thousand, three hundred twenty
dollars; and elsewhere, the sum of one hundred forty-five dollars.
4. The annual fee for selling wine at retail, to be consumed on the
premises where sold, shall be as follows:
(a) In cities having a population of one hundred thousand or over the
sum of four hundred eighty dollars per year; and
(b) Elsewhere, the sum of two hundred forty dollars per year.
4-a. The annual fee for a license to sell wine at retail to be
consumed on the premises where sold where the premises to be licensed
remain open only within the period commencing April first and ending
October thirty-first of any one year or only within the period commenc-
ing October first and ending the following April thirtieth, the liquor
authority, in its discretion, may grant a summer or winter license
effective only for such appropriate period of time, for which an annual
fee of one hundred [twelve] TEN dollars shall be paid.
5. The annual fee for a special license to sell wine at retail, to be
consumed on the premises where sold, shall be as follows:
(a) In cities having a population of one hundred thousand or over, the
sum of five hundred [seventy-six] SEVENTY-FIVE dollars per year; and
(b) Elsewhere, the sum of two hundred seventy dollars per year.
6. The annual fee for a special winery license shall be six hundred
twenty-five dollars.
7. The annual fee for a special farm winery license shall be one
hundred twenty-five dollars.
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8. The annual fee for a roadside farm market license shall be one
hundred dollars.
9. The annual fee for a license to operate a custom winemakers' center
shall be three hundred twenty dollars.
§ 13. Section 122 of the alcoholic beverage control law, as amended by
chapter 408 of the laws of 1997, is amended to read as follows:
§ 122. Continuance of business by receiver or other representative.
If a corporation or copartnership holding any license or holding a
permit for which an annual fee of one hundred dollars or more is
prescribed by this chapter shall be dissolved, or if a receiver or
assignee for the benefit of creditors be appointed therefor, or if a
receiver, assignee for the benefit of creditors or a committee or
conservator of the property of an individual holding any license or
holding a permit for which an annual fee of one hundred dollars or more
is prescribed by this chapter be appointed, during the time for which
such license or permit was granted, or if a person, including a member
of a copartnership, holding any license or holding a permit for which an
annual fee of one hundred dollars or more is prescribed by this chapter
shall die during the term for which such license or permit was given,
such corporation, copartnership, receiver or assignee, or the adminis-
trator or executor of the estate of such individual, or of such deceased
member of a copartnership, or a committee of the property of a person
adjudged to be incompetent, or a conservator of the property of an indi-
vidual, or a petition under title eleven of the United States code shall
have been filed and a trustee has been appointed or the holder of the
license [of] OR permit has been permitted to remain in possession with-
out the appointment of a trustee, may continue to carry on such business
upon such premises for the balance of the term for which such license or
permit was effective, with the same rights and subject to the same
restrictions and liabilities as if he had been the original applicant
for and the original holder, or one of either of them, of such license
or permit, providing the approval of the liquor authority shall be first
obtained. Before continuing such business, such receiver, assignee,
individual, committee, or conservator, debtor in possession, or trustee
in bankruptcy shall file a statement setting forth in such form and
substance as the liquor authority may prescribe the facts and circum-
stances by which he has succeeded to the rights of the original licensee
or permittee. The liquor authority may, in its discretion, permit the
continuance of such business or may refuse to do so. In the event that
the authority determines to permit the continuance of the business, the
license or permit shall be submitted to the authority and shall have
affixed thereto a certificate in the form prescribed by the authority.
For each such certificate, a fee shall be paid to the liquor authority
of fifty dollars by the applicant, except in the case of an off-premise
beer license, such fee shall be ten dollars which shall be paid into the
same fund as other license fees herein provided for.
§ 14. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
