S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10176
 
                           I N  A S S E M B L Y
 
                                May 5, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Thiele) --
   read once and referred to the Committee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   licenses to sell liquor at off-premises catering establishments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. Subdivision 7-a of section  3  of  the  alcoholic  beverage
 control  law, as added by chapter 682 of the laws of 1935, is amended to
 read as follows:
   7-a. (A) "Catering establishment"  means  and  includes  any  premises
 owned  or  operated  by  any  person,  firm, association, partnership or
 corporation who or which regularly and in a bona fide  manner  furnishes
 for  hire  therein one or more ballrooms, reception rooms, dining rooms,
 banquet halls, dancing halls or  similar  places  of  assemblage  for  a
 particular  function,  occasion  or  event and/or who or which furnishes
 provisions and service for consumption or use at such function, occasion
 or event. Such premises must have suitable and adequate  facilities  and
 accommodations  to  provide  food  and  service  for not less than fifty
 persons at any one function, occasion or event and shall in no event  be
 deemed  to  include  any  taxi dance hall or any other premises at which
 public dances are regularly scheduled to be held daily, weekly or month-
 ly and to which the general public is invited.
   (B) "OFF-PREMISES CATERING ESTABLISHMENT" MEANS AND INCLUDES ANY PREM-
 ISES OWNED OR OPERATED BY ANY PERSON, FIRM, ASSOCIATION, PARTNERSHIP  OR
 CORPORATION  WHO  OR WHICH REGULARLY AND IN A BONA FIDE MANNER FURNISHES
 FOR HIRE AT A SITE REMOTE FROM THE PREMISES FOR A  PARTICULAR  FUNCTION,
 OCCASION, OR EVENT PROVISIONS AND SERVICE FOR CONSUMPTION OR USE AT SUCH
 FUNCTION,  OCCASION  OR  EVENT.  SUCH  PREMISES  MUST  HAVE SUITABLE AND
 ADEQUATE FACILITIES TO PROVIDE FOOD FOR NOT  LESS  THAN  FIFTY  PERSONS.
 ON-PREMISES CONSUMPTION SHALL NOT BE ALLOWED AT SUCH PREMISES.
   §  2.  The  alcoholic  beverage control law is amended by adding a new
 section 64-e to read as follows:
   § 64-E. LICENSE TO SELL LIQUOR AT RETAIL AS AN  OFF-PREMISES  CATERING
 ESTABLISHMENT.  1.  ANY  PERSON MAY MAKE AN APPLICATION TO THE AUTHORITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD15630-01-2
 A. 10176                            2
 
 FOR A LICENSE TO SELL LIQUOR AT A SITE REMOTE FROM THE LICENSED PREMISES
 OF AN OFF-PREMISES CATERING ESTABLISHMENT AS DEFINED PURSUANT  TO  PARA-
 GRAPH  (B)  OF SUBDIVISION SEVEN-A OF SECTION THREE OF THIS CHAPTER, AND
 SUCH  LICENSES  SHALL  BE ISSUED TO ALL APPLICANTS EXCEPT FOR GOOD CAUSE
 SHOWN.
   2. SUCH APPLICATION SHALL BE IN  SUCH  FORM  AND  SHALL  CONTAIN  SUCH
 INFORMATION AS SHALL BE REQUIRED BY THE RULES OF THE AUTHORITY AND SHALL
 BE  ACCOMPANIED  BY A CHECK OR DRAFT OR OTHER FORM OF PAYMENT ACCEPTABLE
 TO THE AUTHORITY IN  THE  AMOUNT  REQUIRED  BY  THIS  ARTICLE  FOR  SUCH
 LICENSE.
   3.  SECTION  FIFTY-FOUR OF THIS CHAPTER SHALL CONTROL THE PROCEDURE IN
 CONNECTION WITH SUCH APPLICATION, SO FAR AS APPLICABLE.
   4. SUCH LICENSE SHALL IN FORM AND IN SUBSTANCE BE  A  LICENSE  TO  THE
 PERSON  SPECIFICALLY  LICENSED TO SELL LIQUORS AT RETAIL, TO BE CONSUMED
 ONLY AT SITES AT WHICH A PERMIT HAS BEEN  APPLIED  FOR  AND  GRANTED  AS
 PROVIDED FOR IN SECTION NINETY-EIGHT OF THIS CHAPTER. SUCH LICENSE SHALL
 ALSO  BE  DEEMED TO INCLUDE A LICENSE TO SELL WINE AND BEER AT RETAIL TO
 BE CONSUMED UNDER THE SAME TERMS AND CONDITIONS, WITHOUT THE PAYMENT  OF
 ANY ADDITIONAL FEE.
   §  3.  Subdivision  4  of section 66 of the alcoholic beverage control
 law, as amended by section 3 of part Z of chapter  85  of  the  laws  of
 2002, is amended to read as follows:
   4.  The  annual  fee for a license, under section sixty-four or sixty-
 four-a OF THIS ARTICLE, to sell liquor at retail to be consumed  on  the
 premises  where  sold shall be twenty-one hundred seventy-six dollars in
 the counties of New York, Kings, Bronx and Queens; fifteen hundred thir-
 ty-six dollars in the county of Richmond and in cities  having  a  popu-
 lation  of  more  than  one  hundred thousand and less than one million;
 twelve hundred sixteen dollars in cities having  a  population  of  more
 than  fifty  thousand and less than one hundred thousand; and the sum of
 eight hundred ninety-six dollars elsewhere; except that the license fees
 for catering establishments  AND  OFF-PREMISES  CATERING  ESTABLISHMENTS
 shall  be  two-thirds  the  license  fee specified herein and for clubs,
 except luncheon clubs and golf  clubs,  shall  be  seven  hundred  fifty
 dollars  in  counties of New York, Kings, Bronx and Queens; five hundred
 dollars in the county of Richmond and in cities having a  population  of
 more  than one hundred thousand and less than one million; three hundred
 fifty dollars in cities having a population of more than fifty  thousand
 and  less  than  one  hundred thousand; and the sum of two hundred fifty
 dollars elsewhere. The annual fees for luncheon  clubs  shall  be  three
 hundred  seventy-five dollars, and for golf clubs in the counties of New
 York, Kings,  Bronx,  Queens,  Nassau,  Richmond  and  Westchester,  two
 hundred  fifty  dollars,  and elsewhere one hundred eighty-seven dollars
 and fifty cents.   Notwithstanding any other provision  of  law  to  the
 contrary,  there  shall  be  no  annual fee for a license, under section
 sixty-four, to sell liquor at retail to  be  consumed  on  the  premises
 where  the  applicant  is  an  organization  organized under section two
 hundred sixty of the military law and incorporated pursuant to the  not-
 for-profit  corporation law.  Provided, however, that where any premises
 for which a license is issued pursuant to section sixty-four  or  sixty-
 four-a  of  this  article  remain open only within the period commencing
 April first and ending October thirty-first of any  one  year,  or  only
 within  the  period  commencing  October  first and ending the following
 April thirtieth, the liquor authority may, in its  discretion,  grant  a
 summer  or  winter license effective only for such appropriate period of
 time, for which a license fee shall be paid  to  be  pro-rated  for  the
 A. 10176                            3
 
 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] ARTICLE, the period
 of such summer license may commence March first and end November thirti-
 eth.
   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.
   § 4. Section 67 of the alcoholic beverage control law, as  amended  by
 section  4  of  part  Z of chapter 85 of the laws of 2002, is amended to
 read as follows:
   § 67. License fees, duration  of  licenses;  fee  for  part  of  year.
 Effective  April  first,  nineteen hundred eighty-three, licenses issued
 pursuant to  sections  sixty-one,  sixty-two,  sixty-three,  sixty-four,
 sixty-four-a  [and], sixty-four-b AND SIXTY-FOUR-E of this article shall
 be effective for three years at three  times  that  annual  fee,  except
 that, in implementing the purposes of this section, the liquor authority
 shall  schedule  the  commencement  dates, duration and expiration dates
 thereof to provide for an equal cycle of license renewals  issued  under
 each  such  section  through  the  course  of the fiscal year. Effective
 December first, nineteen hundred ninety-eight, licenses issued  pursuant
 to  sections  sixty-four,  sixty-four-a and sixty-four-b of this article
 shall be effective for two years at two times that  annual  fee,  except
 that, in implementing the purposes of this section, the liquor authority
 shall  schedule  the  commencement  dates, duration and expiration dates
 thereof to provide for an equal cycle of license renewals  issued  under
 each such section through the course of the fiscal year. Notwithstanding
 the  foregoing,  commencing  on December first, nineteen hundred ninety-
 eight and concluding on July thirty-first, two thousand two, a  licensee
 issued  a license pursuant to section sixty-four, sixty-four-a or sixty-
 four-b of this article may elect to remit the fee for  such  license  in
 equal  annual  installments.  Such  installments  shall  be due on dates
 established by the liquor authority and the failure  of  a  licensee  to
 have  remitted  such  annual  installments  after  a due date shall be a
 violation of this chapter. For licenses issued for less than the  three-
 year  licensing  period,  the license fee shall be levied on a pro-rated
 basis. The entire license fee shall be due and payable at  the  time  of
 application. The liquor authority may make such rules as shall be appro-
 priate to carry out the purpose of this section.
   §  5.  Subdivisions  1  and  5 of section 98 of the alcoholic beverage
 control law, subdivision 1 as amended by section 21 of part Z of chapter
 85 of the laws of 2002, and subdivision 5 as added by chapter 309 of the
 laws of 2007, are amended to read as follows:
   1. The liquor authority is hereby authorized to issue to [caterers and
 other persons] A  RETAIL  LICENSEE  FOR  ON-PREMISES  CONSUMPTION  OR  A
 LICENSED  OFF-PREMISES CATERER furnishing provisions and service for use
 at a particular function, occasion or  event  in  a  hotel,  restaurant,
 club, ballroom or other premises a temporary indoor permit effective for
 a  period  not  to  exceed  twenty-four  consecutive  hours, which shall
 authorize the service of alcoholic beverages at such function,  occasion
 A. 10176                            4
 
 or  event  within the hours, fixed by or pursuant to subdivision five of
 section one hundred six of this chapter, during which alcoholic beverag-
 es may lawfully be sold or served upon premises licensed to  sell  alco-
 holic  beverages  at retail for on-premises consumption in the community
 in which is located the premises in which  such  function,  occasion  or
 event  is  held.  The fee therefor shall be thirty-eight dollars. Such a
 permit and  the  exercise  of  the  privilege  granted  thereby  may  be
 subjected  to  such  rules by the liquor authority as it deems necessary
 and such rules as are in conformity with the provisions  of  subdivision
 two  of  this  section.  Such a permit may also be issued for functions,
 occasions or events at premises for which  a  summer  license  has  been
 previously issued pursuant to this chapter.
   5.  Notwithstanding any other provision of this chapter or any rule of
 the liquor authority, the  liquor  authority  is  hereby  authorized  to
 issue,  to caterers and other persons furnishing provisions and services
 for use at a particular function or occasion or event to be  held  at  a
 winery  or  farm winery, a temporary indoor and/or outdoor permit effec-
 tive for a period not to exceed  twenty-four  consecutive  hours,  which
 shall  authorize  the  service  of alcoholic beverages at such function,
 occasion or event within the hours as fixed by or pursuant  to  subdivi-
 sion five of section one hundred six of this chapter, during which alco-
 holic beverages may lawfully be sold or served upon premises licensed to
 sell  alcoholic  beverages  at retail for on-premises consumption in the
 community in which is located the premises in which such function, occa-
 sion or event is held. The issuance of a  caterer's  permit  under  this
 section  shall in no way prohibit or suspend the lawful operation of the
 winery or farm winery licensed under this chapter. For purposes of  this
 subdivision,  both  the permittee and the winery or farm winery licensee
 shall be responsible for any violations of this chapter or the rules  of
 the  authority occurring while the permit is in effect.  Liability under
 the provisions of sections 11-100 and 11-101 of the general  obligations
 law  shall  accrue  to  both the permittee and the winery or farm winery
 licensee.  The  fee  for  the  permit  shall  be  thirty-eight  dollars,
 PROVIDED,  HOWEVER, THAT NO FEE SHALL BE CHARGED TO A LICENSED OFF-PREM-
 ISES CATERER. Such a permit and the exercise of  the  privilege  granted
 thereby  may  be  subjected  to such rules by the liquor authority as it
 deems necessary.
   § 6. Paragraph (a) of subdivision 9 of section 100  of  the  alcoholic
 beverage  control  law, as amended by chapter 39 of the laws of 2020, is
 amended to read as follows:
   (a) Within ten days after filing a new application or  an  application
 for  renewal  to  sell  liquor  under  section sixty-four, sixty-four-a,
 sixty-four-b, sixty-four-c [or] , sixty-four-d OR SIXTY-FOUR-E  of  this
 chapter, a notice thereof shall be posted by the applicant in a conspic-
 uous  place  at the entrance to the establishment or proposed establish-
 ment where it can be easily read by passers-by. Said notice shall be  in
 a  form  prescribed  by the authority, provided however that said notice
 shall be either printed or highlighted in a pink ink of a neon, luminous
 or fluorescent variety.  The notice shall specify the application  date,
 the  type  of license, any identifying number assigned by the authority,
 if available at the time of posting such notice, and how to contact  the
 state liquor authority to give a response to the application. The appli-
 cant  shall  make  reasonable efforts to insure such notice shall remain
 posted throughout the pendency of such application. Additionally, within
 ten days of the applicant's  receipt  of  a  written  request  from  the
 authority,  the  applicant  shall re-post such notice. The authority may
 A. 10176                            5
 
 adopt such rules as it may deem necessary to carry out  the  purpose  of
 this paragraph.
   §  7.  The  opening  paragraph  of subdivision 2 of section 102 of the
 alcoholic beverage control law, as separately amended by  section  1  of
 part  OO  and section 3 of part LL of chapter 56 of the laws of 2010, is
 amended to read as follows:
   No person holding any license hereunder, other than a license to  sell
 an  alcoholic  beverage  at  retail  for  off-premises  consumption or a
 license or special license to sell an alcoholic beverage at  retail  for
 consumption  on  the  premises where such license authorizes the sale of
 liquor, beer and/or wine on the premises of  a  catering  establishment,
 OFF-PREMISES  CATERING ESTABLISHMENT, hotel, restaurant, club, or recre-
 ational facility, shall knowingly employ in connection with his business
 in any capacity whatsoever, any person, who  has  been  convicted  of  a
 felony, or any of the following offenses, who has not subsequent to such
 conviction  received  an  executive  pardon  therefor removing any civil
 disabilities incurred thereby, a certificate of relief from disabilities
 or a certificate of good conduct pursuant to article twenty-three of the
 correction law, or other relief from disabilities provided  by  law,  or
 the  written  approval  of  the  state  liquor authority permitting such
 employment, to wit:
   § 8. This act shall take effect immediately.