S T A T E O F N E W Y O R K
________________________________________________________________________
9049
I N S E N A T E
May 5, 2022
___________
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15630-01-2
S. 9049 2
§ 64-E. LICENSE TO SELL LIQUOR AT RETAIL AS AN OFF-PREMISES CATERING
ESTABLISHMENT. 1. ANY PERSON MAY MAKE AN APPLICATION TO THE AUTHORITY
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
S. 9049 3
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] 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
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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, 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
S. 9049 5
ten days of the applicant's receipt of a written request from the
authority, the applicant shall re-post such notice. The authority may
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.
