S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7509
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Economic Development
 
 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-
   age control law, in  relation  to  licenses  issued  for  on  premises
   consumption  within  two  hundred  feet  of  a  building occupied as a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11092-04-3
 A. 7509                             2
 
   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:
 
   Section 1. This act enacts into law major  components  of  legislation
 necessary  to implement certain provisions regarding licensing and sales
 under the alcoholic beverage control law.    Each  component  is  wholly
 contained  within  a Part identified as Parts A through O. The effective
 date for each particular provision contained within  such  Part  is  set
 forth  in  the  last  section of such Part. Any provision in any section
 contained within a Part, including the effective date of the Part, which
 makes a reference to a section "of this act", when  used  in  connection
 with that particular component, shall be deemed to mean and refer to the
 corresponding section of the Part in which it is found. Section three of
 this act sets forth the general effective date of this act.
 
                                  PART A
 
   Section  1.  Subparagraph  (i)  of  paragraph (a) of subdivision 14 of
 section 105 of the alcoholic beverage control law, as amended by section
 1 of part EE of chapter 55 of the laws of 2022, is amended  to  read  as
 follows:
   (i) On Sunday before [twelve] TEN o'clock [post meridian] ANTE MERIDI-
 AN and after [nine] TEN o'clock post meridian.
   § 2. This act shall take effect immediately.
 
                                  PART B
 
   Section  1.  Section  105-a  of  the alcoholic beverage control law is
 REPEALED.
   § 2. Subdivision 4 of section 34 of  the  alcoholic  beverage  control
 law,  as added by chapter 522 of the laws of 2018, is amended to read as
 follows:
   4. No tasting shall  be  held  during  the  hours  prohibited  by  the
 provisions  of  [sections]  SECTION  one  hundred  five [and one hundred
 five-a] of this chapter.
   § 3. Subdivision (d) of section 54-b of the alcoholic beverage control
 law, as added by chapter 232 of the laws of 2015, is amended to read  as
 follows:
   (d)  No  tasting  shall  be  held  during  the hours prohibited by the
 provisions of [sections] SECTION  one  hundred  five  [and  one  hundred
 five-a] of this chapter.
   § 4. Subdivision (d) of section 59-a of the alcoholic beverage control
 law,  as added by chapter 232 of the laws of 2015, is amended to read as
 follows:
   (d) No tasting shall be  held  during  the  hours  prohibited  by  the
 provisions  of section one hundred five [and one hundred five-a] of this
 chapter.
   § 5. Subdivision 6 of section 117-a of the alcoholic beverage  control
 law is REPEALED.
 A. 7509                             3
 
   §  6.  Subdivision  4 of section 130 of the alcoholic beverage control
 law, as amended by chapter 186 of the laws of 1949, is amended  to  read
 as follows:
   4.  In the city of New York, a summons shall be issued for a violation
 of the provisions of subdivision fourteen of section one  hundred  [and]
 five[,  section  one hundred and five-a] and subdivision five of section
 one hundred [and] six of this chapter in the same manner as provided  by
 subdivision  h of section one hundred [and] sixteen of the New York city
 criminal courts act.
   § 7. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Subdivision 1 of  section  99  of  the  alcoholic  beverage
 control  law,  as  amended  by section 22 of part Z of chapter 85 of the
 laws of 2002, is amended to read as follows:
   1. Any person licensed to sell alcoholic beverages for consumption  on
 the  premises pursuant to this chapter may apply to the liquor authority
 for a special permit [to remain open on any week day between  the  hours
 of four o'clock a.m. or the closing hour prescribed by a rule adopted in
 a  county  on  or  before  April  first, nineteen hundred ninety-five or
 pursuant to subdivision eleven of section seventeen of this chapter, and
 eight o'clock a.m]. A PERMIT ISSUED UNDER THIS SECTION  SHALL  AUTHORIZE
 THE  HOLDER  OF  A RETAIL ON-PREMISES LICENSE TO SELL OR SERVE ALCOHOLIC
 BEVERAGES FOR CONSUMPTION ON THE PREMISES  ON  THE  MORNING  OF  JANUARY
 FIRST  BETWEEN  FOUR  O'CLOCK  A.M.  OR SUCH OTHER HOUR THAT THE SALE OF
 ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION MUST CEASE IN THE COMMU-
 NITY IN WHICH THE LICENSED PREMISES IS LOCATED, AND EIGHT  O'CLOCK  A.M.
 The fee for such permit shall be fifty-one dollars per day.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.
 
                                  PART D
 
   Section 1. Section 106  of  the  alcoholic  beverage  control  law  is
 amended by adding a new subdivision 2-b to read as follows:
   2-B.  NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, A
 RETAIL LICENSEE FOR  ON-PREMISES  CONSUMPTION  SHALL  BE  AUTHORIZED  TO
 PURCHASE  UP  TO TWELVE BOTTLES OF WINE AND LIQUOR PER WEEK FROM AN OFF-
 PREMISES RETAIL  LICENSEE,  AND  MAY  RESELL  ANY  WINE  AND  LIQUOR  SO
 PURCHASED FOR CONSUMPTION ON THE PREMISES LICENSED THEREFOR.
   §  2.  Section 105 of the alcoholic beverage control law is amended by
 adding a new subdivision 24 to read as follows:
   24. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE  CONTRARY,  A
 RETAIL LICENSEE TO SELL LIQUOR AND/OR WINE FOR CONSUMPTION OFF THE PREM-
 ISES SHALL BE AUTHORIZED TO SELL UP TO TWELVE BOTTLES OF WINE AND LIQUOR
 PER WEEK TO A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION.
   § 3. This act shall take effect immediately.
 
                                  PART E
 A. 7509                             4
 
   Section  1.  Subdivision  4  of  section  63 of the alcoholic beverage
 control law, as amended by section 3 of part H of chapter 58 of the laws
 of 2019, is amended to read as follows:
   4.  No licensee under this section shall be engaged in any other busi-
 ness on the licensed premises. The sale of lottery  tickets,  when  duly
 authorized  and lawfully conducted, the sale of reusable bags as defined
 in section 27-2801 of the environmental conservation law,  the  sale  of
 corkscrews  or  the  sale  of ice or the sale of publications, including
 prerecorded video and/or audio cassette tapes, or educational  seminars,
 designed  to  help educate consumers in their knowledge and appreciation
 of alcoholic beverages, as defined in section three of this chapter  and
 allowed  pursuant  to their license, or the sale of non-carbonated, non-
 flavored mineral waters, spring waters and drinking waters or  the  sale
 of  glasses  designed  for  the  consumption  of  wine  OR LIQUOR, racks
 designed for the storage of wine OR  LIQUOR,  and  devices  designed  to
 minimize  oxidation  in  bottles  of  wine  OR  LIQUOR  which  have been
 uncorked, or the sale of gift bags, gift boxes,  ASSOCIATED  PROMOTIONAL
 ITEMS,  or wrapping[,] for alcoholic beverages purchased at the licensed
 premises, OR THE SALE OF ANY OTHER ITEMS REASONABLY USED  IN  CONNECTION
 WITH  THE STORAGE, PREPARATION, SERVICE, OR CONSUMPTION OF LIQUOR, WINE,
 OR WINE PRODUCTS SUBJECT TO SUCH RULES AND  REGULATIONS  AS  THE  LIQUOR
 AUTHORITY  MAY  PRESCRIBE shall not constitute engaging in another busi-
 ness within the meaning of this subdivision. Any fee obtained  from  the
 sale  of an educational seminar shall not be considered as a fee for any
 tasting that may be offered during an educational seminar, provided that
 such tastings are available to persons who have not paid to  attend  the
 seminar  and  all  tastings  are  conducted  in  accordance with section
 sixty-three-a of this article.
   § 2. Paragraph (a) of subdivision 1 of section 104  of  the  alcoholic
 beverage  control  law,  as amended by chapter 2 of the laws of 2013, is
 amended to read as follows:
   (a) No wholesaler shall be engaged in any other business on the  prem-
 ises  to  be  licensed;  except  that  nothing contained in this chapter
 shall: (1) prohibit a beer wholesaler from  (i)  acquiring,  storing  or
 selling  non-alcoholic  snack foods, as defined in paragraph (b) of this
 subdivision, (ii) manufacturing, bottling, storing, or selling non-alco-
 holic carbonated beverages,  (iii)  manufacturing,  storing  or  selling
 non-alcoholic non-carbonated soft drinks, mineral waters, spring waters,
 drinking  water,  non-taxable  malt  or  cereal beverages, juice drinks,
 fruit or vegetable juices, ice, liquid beverage mixes and dry or  frozen
 beverage  mixes,  (iv)  acquiring, storing or selling wine products, (v)
 the sale of promotional items on such premises,  or  (vi)  the  sale  of
 tobacco  products at retail by wholesalers who are licensed to sell beer
 and other products at retail; (2) prohibit a  wholesaler  authorized  to
 sell  wine from manufacturing, acquiring or selling wine merchandise, as
 defined in paragraph (d) of this subdivision; (3)  prohibit  a  licensed
 winery  or  licensed farm winery from engaging in the business of a wine
 wholesaler for New York state labeled wines  produced  by  any  licensed
 winery  or  licensed  farm  winery or prohibit such wine wholesaler from
 exercising any of its rights pursuant to sections seventy-six and seven-
 ty-six-a of this chapter provided that the operation of  such  beer  and
 wine wholesalers business shall be subject to such rules and regulations
 as  the  liquor  authority may prescribe; (4) prohibit a beer wholesaler
 who is authorized to sell beer at retail from  selling  at  retail:  (i)
 candy,  chewing  gum and cough drops; (ii) non-refrigerated salsa; (iii)
 cigarette lighters, lighter fluid, matches and ashtrays;  (iv)  barbecue
 A. 7509                             5
 
 and  picnic-related  products and supplies, which shall include, but not
 be limited to, charcoal, grills, propane gas, plastic  and  paper  cups,
 paper  or  plastic  tablecloths and coolers; (v) beer making and brewing
 supplies  and  publications, which shall include, but not be limited to,
 books, magazines, equipment and ingredients; (vi) steins, mugs and other
 glassware appropriate for the consumption of beer,  malt  beverages  and
 wine  products; (vii) items typically used to serve beer and malt bever-
 ages including, but not limited to, taps, kegerators, koozies  and  beer
 socks;  (viii) lemons, limes and oranges, provided that no more than two
 dozen of each shall be displayed at any one time; (ix)  rock  salt,  ice
 and  snow  melting  compounds,  snow shovels; windshield washer solvent;
 firewood; beach umbrellas; sunglasses and sun  block;  and  (x)  prepaid
 telephone  cards;  [or] (5) prohibit the installation and operation of a
 single automated teller machine in the premises of a beer wholesaler who
 is authorized to sell beer at retail; (6) PROHIBIT A  LIQUOR  WHOLESALER
 FROM  TRANSPORTING OR SELLING GIFTS OR PROMOTIONAL ITEMS ASSOCIATED WITH
 LIQUOR OR WINE; OR (7) PROHIBIT A LIQUOR WHOLESALER FROM TRANSPORTING OR
 SELLING ANY OTHER ITEMS REASONABLY USED IN CONNECTION WITH THE  STORAGE,
 PREPARATION,  SERVICE,  OR CONSUMPTION OF LIQUOR, WINE, OR WINE PRODUCTS
 SUBJECT TO SUCH RULES  AND  REGULATIONS  AS  THE  LIQUOR  AUTHORITY  MAY
 PRESCRIBE.  For  the  purposes  of  this  subdivision, "automated teller
 machine" means a device which is linked to the accounts and records of a
 banking institution and which enables consumers  to  carry  out  banking
 transactions, including but not limited to, account transfers, deposits,
 cash withdrawals, balance inquiries and loan payments.
   §  3. Paragraph (a) of subdivision 3 of section 101-b of the alcoholic
 beverage control law, as amended by section 1 of part E of chapter 56 of
 the laws of 2006, is amended to read as follows:
   (a) No brand of liquor or wine shall be sold  to  or  purchased  by  a
 wholesaler,  irrespective  of  the  place  of sale or delivery, unless a
 schedule, as provided by this section, is transmitted to and received by
 the liquor authority, and is then in  effect.  Such  schedule  shall  be
 transmitted  to the authority in such form, manner, medium and format as
 the authority may direct; shall be deemed duly verified  by  the  person
 submitting  such  schedule  upon  its transmission to the authority; and
 shall contain, with respect to each item, the exact brand or trade name,
 capacity of package, nature of contents, age and proof where  stated  on
 the  label, the number of bottles contained in each case, the bottle and
 case price to wholesalers, the net bottle and case  price  paid  by  the
 seller,  which  prices,  in  each instance, shall be individual for each
 item and not in "combination" with any other  item,  the  discounts  for
 quantity,  if  any,  and the discounts for time of payment, if any. Such
 brand of liquor or wine shall not be sold to wholesalers except  at  the
 price  and  discounts  then in effect unless prior written permission of
 the authority is granted for good cause shown and for reasons not incon-
 sistent with the purpose of this chapter. Such schedule shall be  trans-
 mitted  by (1) the owner of such brand, or (2) a wholesaler selling such
 brand and who is designated as agent for  the  purpose  of  filing  such
 schedule  if the owner of the brand is not licensed by the authority, or
 (3) with the approval of the authority, by a wholesaler,  in  the  event
 that  the  owner of the brand is unable to transmit a schedule or desig-
 nate an agent for such purpose. As used in  this  subdivision  the  term
 "item" shall be deemed to include a sealed, pre-wrapped package consist-
 ing  of a sealed container OR CONTAINERS of liquor, wine or wine product
 and other merchandise reasonably used in connection  with  the  prepara-
 tion,  storage,  PROMOTION,  GIFTING,  CONSUMPTION or service of liquor,
 A. 7509                             6
 
 wine or wine products provided that such other merchandise shall not  be
 potable  or  edible  AND  SUBJECT  TO  SUCH RULES AND REGULATIONS AS THE
 LIQUOR AUTHORITY MAY PRESCRIBE.
   § 4. This act shall take effect immediately.
 
                                  PART F
 
   Section  1.  Subdivision  5  of  section  63 of the alcoholic beverage
 control law is amended to read as follows:
   5. Not more than [one license] TWO LICENSES shall be  granted  to  any
 person under this section.
   § 2. This act shall take effect immediately.
 
                                  PART G

   Section  1. The opening paragraph of paragraph (a) of subdivision 1 of
 section 101 of the alcoholic beverage control law, as amended by chapter
 318 of the laws of 2016, is amended to read as follows:
   Be interested directly or indirectly in any  premises  LICENSED  UNDER
 THIS  CHAPTER  where any alcoholic beverage is sold at retail; or in any
 business LICENSED UNDER THIS CHAPTER devoted wholly or partially to  the
 sale  of any alcoholic beverage at retail by stock ownership, interlock-
 ing directors, mortgage or lien or any personal or real property, or  by
 any other means. The provisions of this paragraph shall not apply to
   §  2.  The  opening  paragraph  of  paragraph (a) of subdivision 13 of
 section 106 of the alcoholic beverage control law, as amended by chapter
 453 of the laws of 2018, is amended to read as follows:
   No retail licensee for on-premises consumption  shall  be  interested,
 directly  or  indirectly,  in  any  premises LICENSED UNDER THIS CHAPTER
 where liquors, wines or beer are manufactured or sold at  wholesale,  by
 stock  ownership,  interlocking  directors,  mortgage  or  lien  on  any
 personal or real property or by any other means,  except  that  liquors,
 wines  or  beer  may  be  manufactured  or  sold wholesale by the person
 licensed as a manufacturer or wholesaler thereof:
   § 3. This act shall take effect immediately.
 
                                  PART H
 
   Section 1. Subdivision 6 of  section  63  of  the  alcoholic  beverage
 control law, as added by chapter 1024 of the laws of 1965, is amended to
 read as follows:
   6.  Determinations  under  this  section with respect to APPROVING the
 issuance of a new license or under section one hundred  eleven  OF  THIS
 CHAPTER  with respect to the transfer to any other premises of a license
 issued hereunder, shall be made [in accordance with  public  convenience
 and  advantage]  UNLESS THERE IS GOOD CAUSE SHOWN FOR DISAPPROVAL BY THE
 LIQUOR AUTHORITY.
   § 2. This act shall take effect immediately.
 
                                  PART I
 
   Section 1. Subdivisions 3 and 4 of section 93 of the alcoholic  bever-
 age  control  law,  subdivision  3 as amended by section 12 of part Z of
 chapter 85 of the laws of 2002 and subdivision 4 as amended  by  chapter
 297 of the laws of 2016, are amended to read as follows:
 A. 7509                             7

   3.  The  license fee for such permit shall be [twenty-six] TWENTY-FIVE
 dollars per year, or for any part  thereof,  and  the  permit  shall  be
 issued for the calendar year.
   4.  Notwithstanding the foregoing provisions of this section, any duly
 licensed manufacturer or wholesaler may apply to  the  liquor  authority
 for an annual temporary solicitor's employment permit. Such permit shall
 authorize  such manufacturer or wholesaler to employ one or more persons
 as a solicitor for a period of not exceeding six  months  provided  that
 within  sixty  days after such employee has been employed as a solicitor
 such employee shall file his application for a solicitor's  permit  with
 the  liquor authority. The license fee for such permit shall be [thirty-
 eight] THIRTY-FIVE dollars per year, or for any part  thereof,  and  the
 permit  shall be issued for the calendar year. Such permit and the exer-
 cise of the privileges hereby granted thereunder, shall  be  subject  to
 such terms and conditions as may be prescribed by the liquor authority.
   §  2.  Subdivision  2  of section 94 of the alcoholic beverage control
 law, as amended by section 14 of part Z of chapter 85  of  the  laws  of
 2002, is amended to read as follows:
   2.  Such  permit  shall be issued for the calendar year, and may cover
 one or more trucks and in cities having a population of one  million  or
 less  to duly licensed taxicabs used to deliver only wine or liquor sold
 at retail and the fee therefor shall be at the rate of [fifty-one] FIFTY
 dollars per truck or such duly licensed taxicab per year.
   § 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 OR SHE had been duly sworn. Such
 A. 7509                             8
 
 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 privi-
 leges  granted  thereunder  shall be subject to such rules by the liquor
 authority 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
 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.
 A. 7509                             9
 
   (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
 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
 A. 7509                            10
 
 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.
   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, subdivision 4 as amended by chapter 703 of the laws
 of 2022, and subdivision 10 as added by chapter 331 of the laws of 2004,
 is amended to read as follows:
 A. 7509                            11
 
   § 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  of  this article, to sell liquor at retail to be consumed on the
 premises where sold shall be twenty-one  hundred  [seventy-six]  SEVENTY
 dollars  in  the  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 population of more than fifty thousand and less than one hundred thou-
 sand; and the sum of  eight  hundred  [ninety-six]  NINETY-FIVE  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  popu-
 lation  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, Rich-
 mond and Westchester, two  hundred  fifty  dollars,  and  elsewhere  one
 hundred  [eighty-seven]  EIGHTY-FIVE dollars [and fifty cents]. Notwith-
 standing 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  organ-
 ization  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 Octo-
 ber 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
 A. 7509                            12
 
 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 article,
 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
 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
 A. 7509                            13
 
 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
 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-
 A. 7509                            14
 
 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.
   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
 A. 7509                            15
 
 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.
 
                                  PART J
 
   Section 1. The opening paragraph of subdivision 1 of section 110-b  of
 the  alcoholic  beverage  control  law, as amended by chapter 222 of the
 laws of 2019, is amended to read as follows:
   Not [less than thirty nor] more than two hundred  [and]  seventy  days
 before  filing  any  of  the following applications PROVIDED FOR IN THIS
 SUBDIVISION, an applicant shall notify the  municipality  in  which  the
 premises  is located of such applicant's intent to file such an applica-
 tion. THE PROOF OF NOTIFICATION, PROVIDED FOR IN  SUBDIVISIONS  SIX  AND
 SIX-A  OF  THIS  SECTION,  MUST  BE PROVIDED AT THE TIME OF APPLICATION;
 FAILURE TO SO PROVIDE  SHALL  CONSTITUTE  GOOD  CAUSE  FOR  DENIAL.  THE
 AUTHORITY MAY NOT ACT TO APPROVE ANY APPLICATION SUBJECT TO THIS SECTION
 PRIOR  TO  THE  PASSAGE  OF  THIRTY  DAYS FROM THE DATE NOTIFICATION WAS
 PROVIDED  TO  THE  MUNICIPALITY.  THIS  SECTION  SHALL   APPLY   TO   AN
 APPLICATION:
   § 2. This act shall take effect immediately.
 
                                  PART K
 
   Section  1.  The opening paragraph of subdivision 2 of section 99-d of
 the alcoholic beverage control law, as amended by  chapter  560  of  the
 laws of 2011, is amended to read as follows:
   Before any change in the members of a limited liability company or the
 transfer  or  assignment of a membership interest in a limited liability
 company or any corporate change in stockholders, stockholdings, alcohol-
 ic beverage officers, officers or directors, except officers and  direc-
 tors  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
 dollars. IF THE AUTHORITY DOES NOT ACT WITHIN NINETY DAYS OF RECEIPT  OF
 SUCH  APPLICATION, THE CHANGE SHALL BE DEEMED APPROVED. PROVIDED, HOWEV-
 ER, ANY CHANGE WHICH IS IN VIOLATION OF ANY PROVISION OF  THIS  CHAPTER,
 A. 7509                            16
 
 INCLUDING  BUT  NOT  LIMITED  TO  THOSE IN SECTIONS ONE HUNDRED ONE, ONE
 HUNDRED TWENTY-SIX, AND ONE HUNDRED TWENTY-EIGHT OF  THIS  CHAPTER,  MAY
 NOT BE APPROVED OR DEEMED APPROVED.
   § 2. This act shall take effect immediately.
 
                                  PART L

   Section  1.  Subdivision  3  of section 97-a of the alcoholic beverage
 control law, as amended by chapter 106 of the laws of 2022,  is  amended
 to read as follows:
   3. A temporary retail permit under paragraph (b) of subdivision one of
 this  section  may not be issued for any premises that is subject to the
 provisions of section sixty-three or seventy-nine  of  this  chapter;  a
 temporary  retail  permit under paragraph (b) of subdivision one of this
 section shall not be issued for a premises subject to the provisions  of
 paragraph  (b)  of subdivision seven of section sixty-four, subparagraph
 (ii) of paragraph (a) of  subdivision  seven  of  section  sixty-four-a,
 subparagraph  (ii)  of  paragraph  (a)  of subdivision eleven of section
 sixty-four-c, or paragraph (b) of subdivision eight  of  section  sixty-
 four-d  OF THIS CHAPTER, unless and until a recommendation that there be
 a finding of public interest has been  made  by  an  administrative  law
 judge  pursuant  to paragraph (f) of subdivision seven of section sixty-
 four, paragraph (d) of subdivision seven of section sixty-four-a,  para-
 graph  (c) of subdivision five of section sixty-four-b, paragraph (c) of
 subdivision eleven of section sixty-four-c, or paragraph (e) of subdivi-
 sion eight of section sixty-four-d of this  chapter.  Provided  however,
 any premises granted a temporary retail permit pursuant to this subdivi-
 sion  in  a  city  with a population of one million or more people shall
 only be allowed to operate on the premises under  the  following  condi-
 tions: [an active] NO retail license [shall have existed] at the APPLIED
 FOR  location  [within the past two years, and such license] shall [not]
 have been canceled, suspended, or revoked by the  authority  within  the
 past  two  years; the closing time any day of the week shall be no later
 than midnight; provided however that the closing  time  of  any  outdoor
 space  shall  be  no later than ten o'clock post-meridian Sunday through
 Thursday and  eleven  o'clock  post-meridian  Friday  and  Saturday;  no
 outdoor  music;  indoors shall have recorded background music only, with
 no live music, DJ's, karaoke, or similar forms of music; and no dancing.
 The authority shall automatically lift such restrictions if the authori-
 ty  issues  a  retail  license  for  the  premises,  and  replace   such
 restrictions  with  other restrictions, if any, imposed by the authority
 in accordance with the public interest standard.
   § 2. Subdivision 4 of section 97-a of the alcoholic  beverage  control
 law,  as added by chapter 396 of the laws of 2010, is amended to read as
 follows:
   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
 permit may be extended at the discretion of the authority, for an  addi-
 tional  [thirty]  NINETY day period upon payment of an additional fee of
 sixty-four dollars for all retail beer licenses and  ninety-six  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] NINETY day extensions upon payment of the appropri-
 ate fee.
 A. 7509                            17

   § 3. Subdivision 6 of section 97-a of the alcoholic  beverage  control
 law, as added by chapter 396 of the laws of 2010, is amended to read  as
 follows:
   6.  The  holder of a temporary retail permit shall [purchase alcoholic
 beverages only by payment in currency or check for such alcoholic bever-
 ages on or before  the  day  such  alcoholic  beverages  are  delivered,
 provided, however, that the holder of a temporary permit issued pursuant
 to  this section who also holds one or more retail licenses and is oper-
 ating under such retail license or licenses in addition to the temporary
 retail permit, and who is not delinquent under the provisions of section
 one hundred one-aa of this chapter as to any retail license under  which
 he operates, may purchase alcoholic beverages on credit under the tempo-
 rary  permit]  BE SUBJECT TO SECTIONS ONE HUNDRED ONE-AA AND ONE HUNDRED
 ONE-AAA OF THIS CHAPTER.
   § 4. Section 5 of chapter 396 of the laws of 2010 amending  the  alco-
 holic  beverage  control law relating to liquidator's permits and tempo-
 rary retail permits, as amended by section 1 of part O of chapter 55  of
 the laws of 2023, is amended to read as follows:
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law[, provided that paragraph  (b)  of  subdivision  1  of
 section  97-a  of the alcoholic beverage control law as added by section
 two of this act shall expire and be deemed repealed October 12, 2024].
   § 5. This act shall take effect immediately; provided,  however,  that
 section  two of this act shall take effect on the ninetieth day after it
 shall have become a law.
 
                                  PART M
 
   Section 1. The alcoholic beverage control law is amended by  adding  a
 new section 97-d to read as follows:
   §  97-D.  TEMPORARY  WHOLESALE  PERMIT. 1. ANY PERSON MAY APPLY TO THE
 LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC  BEVER-
 AGE  WHOLESALE  BUSINESS  AS MAY   BE LICENSED UNDER THIS CHAPTER.  SUCH
 APPLICATION  SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN INFORMA-
 TION AS THE LIQUOR AUTHORITY SHALL REQUIRE. SUCH  APPLICATION  SHALL  BE
 ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
 DOLLARS FOR SUCH PERMIT.
   2.  UPON  APPLICATION,  THE  LIQUOR AUTHORITY MAY ISSUE SUCH TEMPORARY
 PERMIT WHEN:
   (A) THE APPLICANT HAS A WHOLESALE  LICENSE  APPLICATION  AT  THE  SAME
 PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED
 FILING AND LICENSE FEES;
   (B)  THE  APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF ALL PERMITS,
 LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI-
 NESS; AND
   (C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES THAT MAY  NOT  UNDER
 LAW  OPERATE CONCURRENTLY HAS BEEN SURRENDERED OR PLACED IN SAFEKEEPING,
 OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY.
   3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT:
   (A) ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE  OPERATION
 OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER;
   (B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN
 THE WHOLESALE LICENSE BEING APPLIED FOR; AND
   (C)  THE  APPLICANT  HAS  SUBSTANTIALLY COMPLIED WITH THE REQUIREMENTS
 NECESSARY TO OBTAIN SUCH LICENSE.
 A. 7509                            18
 
   4. THE APPLICATION FOR A PERMIT SHALL BE APPROVED  OR  DENIED  BY  THE
 LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI-
 CATION.
   5.  A  TEMPORARY  PERMIT  SHALL  AUTHORIZE  THE PERMITTEE TO OPERATE A
 WHOLESALE FACILITY FOR THE SALE OF ALCOHOLIC BEVERAGES ACCORDING TO  THE
 LAWS APPLICABLE TO THE TYPE OF WHOLESALE LICENSE BEING APPLIED FOR.
   6.  SUCH  TEMPORARY  PERMIT SHALL REMAIN IN EFFECT UNTIL THE WHOLESALE
 LICENSE BEING APPLIED FOR IS APPROVED AND THE    LICENSE  GRANTED  OR  A
 DETERMINATION IS MADE TO REJECT THE APPLICATION FOR THE LICENSE.
   7.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY
 PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE LIQUOR
 AUTHORITY DETERMINES THAT GOOD  CAUSE  FOR  CANCELLATION  OR  SUSPENSION
 EXISTS.  THE  LIQUOR  AUTHORITY  SHALL  PROMPTLY NOTIFY THE PERMITTEE IN
 WRITING OF SUCH CANCELLATION OR  SUSPENSION  AND  SHALL  SET  FORTH  THE
 REASONS FOR SUCH ACTION.
   8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE
 ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER-
 WISE  SHOWN.  A DECISION ON AN APPLICATION SHALL BE BASED ON SUBSTANTIAL
 EVIDENCE IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE  EVIDENCE
 IN FAVOR OF THE APPLICANT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART N
 
   Section 1. Paragraph (a) of subdivision 7 of section 64 of  the  alco-
 holic  beverage  control  law,  as amended by chapter 463 of the laws of
 2009, is amended to read as follows:
   (a) on the same street or avenue and within  two  hundred  feet  of  a
 building  occupied  exclusively  as a school, church, synagogue or other
 place of worship; PROVIDED, HOWEVER, THAT SUCH RESTRICTION RELATED TO  A
 CHURCH,  SYNAGOGUE  OR  OTHER  PLACE  OF WORSHIP SHALL ONLY APPLY IF THE
 CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP  HAS  OCCUPIED  ITS  CURRENT
 LOCATION, IN WHOLE OR IN PART, FOR AT LEAST FIVE YEARS PRIOR TO THE DATE
 OF APPLICATION FOR A LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON
 THE PREMISES, or
   § 2. This act shall take effect immediately.
 
                                  PART O
 
   Section  1.  Paragraphs  b and f of subdivision 7 of section 64 of the
 alcoholic beverage control law are REPEALED.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through O of this act shall  be
 as specifically set forth in the last section of such Parts.