Makes major revisions to provisions of the alcoholic beverage control law relating to the issuance of licenses and hours of operation
download bill text pdf| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 03, 2026 |
referred to economic development |
Relates to the effectiveness of provisions of law relating to the powers of the chairman and members of the state liquor authority (Part A); authorizes special permits to remain open during certain hours of the morning (Part B); permits certain retail licensees to purchase wine and liquor from certain other retail licensees (Part C); relates to permissible sales by license holders (Part D)
S T A T E O F N E W Y O R K
________________________________________________________________________
10416
I N A S S E M B L Y
March 3, 2026
___________
Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Economic Development
AN ACT to amend chapter 118 of the laws of 2012 amending the alcoholic
beverage control law relating to the powers of the chairman and
members of the authority, in relation to the effectiveness of certain
provisions thereof (Part A); to amend the alcoholic beverage control
law, in relation to authorizing special permits to remain open during
certain hours of the morning (Part B); to amend the alcoholic bever-
age control law, in relation to permitting certain retail licen-
sees to purchase wine and liquor from certain other retail licensees
(Part C); to amend the alcoholic beverage control law, in
relation to permissible sales by license holders (Part D); to amend
the alcoholic beverage control law, in relation to allowing multiple
off-premises licenses (Part E); to amend the alcoholic beverage
control law, in relation to licensing restrictions for manufacturers
and wholesalers of alcoholic beverages and retail licensees (Part F);
to amend the alcoholic beverage control law, in relation to the
approval of seven day licenses to sell liquor at retail for consump-
tion off the premises (Part G); to amend the alcoholic beverage
control law, in relation to adjusting licensing fees regarding certain
alcoholic beverages (Part H); to amend the alcoholic beverage
control law, in relation to changes of ownership of a licensed busi-
ness (Part I); 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 J); to amend
the alcoholic beverage control law, in relation to establishing a
temporary wholesale permit and allowing multiple wholesale licenses
owned by the same person or entity to be located at the same premises
(Part K); to amend the alcoholic beverage control law, in relation to
licenses issued for on-premises consumption within certain distances
of a building occupied as a school, church, synagogue or other place
of worship with consent of such building's owner or administrator
(Part L); and to amend the alcoholic beverage control law, in relation
to permitting licenses for premises located within five hundred feet
of other premises outside of certain counties (Part M)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02017-01-5
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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 M. 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. Section 4 of chapter 118 of the laws of 2012 amending the
alcoholic beverage control law relating to the powers of the chairman
and members of the authority, as amended by section 1 of part J of chap-
ter 55 of the laws of 2024, is amended to read as follows:
§ 4. This act shall take effect immediately [and shall expire and be
deemed repealed fifteen years after such date].
§ 2. This act shall take effect immediately.
PART B
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 C
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-
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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 2 to read as follows:
2. 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 D
Section 1. Subdivision 4 of section 63 of the alcoholic beverage
control law, as amended by chapter 24 of the laws of 2024, 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 ANY OF THE FOLLOWING SHALL
NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF THIS
SUBDIVISION:
(A) lottery tickets, when duly authorized and lawfully conducted[, the
sale of];
(B) reusable bags as defined in section 27-2801 of the environmental
conservation law[, the sale of];
(C) corkscrews [or the sale of];
(D) ice [or the sale of];
(E) 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];
(F) non-carbonated, non-flavored mineral waters, spring waters and
drinking waters [or the sale of];
(G) glasses designed for the consumption of wine or liquor, racks
designed for the storage of wine, and devices designed to minimize
oxidation in bottles of wine which have been uncorked[, or the sale of];
(H) gift bags, gift boxes, associated gift or promotional items, or
wrapping, for alcoholic beverages purchased at the licensed premises
[shall not constitute engaging in another business within the meaning of
this subdivision];
(I) TONIC WATER;
(J) BITTERS;
(K) MARASCHINO CHERRIES; AND
(L) DEALCOHOLIZED WINE.
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 educa-
tional 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. For the purposes
of this section, gift or promotional items shall only include those
items that are complimentary and directly associated with the sale of
wine or liquor they are promoting and shall mean: (i) items that are de
minimis in value, but in no instance shall merchandise be valued at more
than fifteen dollars in total; (ii) items that are imprinted with the
wine or liquor brand logo on the gift or promotional item; and (iii)
items that are included as part of a manufactured pre-sealed package
with the wine or liquor that is being gifted or promoted. Further, for
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the purposes of this section, promotional items shall not include any
food, non-alcoholic beverage, or other drink or food mix, nor shall
these items be offered for sale to the general public as individual
items.
§ 2. Paragraph (a) of subdivision 1 of section 104 of the alcoholic
beverage control law, as amended by chapter 24 of the laws of 2024, 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
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; (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; [or] (6) prohibit a liquor or a wine
wholesaler from transporting or selling gifts or promotional items asso-
ciated with wine or liquor products as provided for in subdivision four
of section sixty-three of this chapter; OR (7) PROHIBIT A LIQUOR WHOLE-
SALER FROM TRANSPORTING OR SELLING TONIC WATER, BITTERS, MARASCHINO
CHERRIES OR DEALCOHOLIZED WINE. 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 consum-
ers to carry out banking transactions, including but not limited to,
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account transfers, deposits, cash withdrawals, balance inquiries and
loan payments.
§ 3. This act shall take effect immediately.
PART E
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 F
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 G
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. Subdivision 4 of section 79 of the alcoholic beverage control
law, as added by chapter 1024 of the laws of 1965, is amended to read as
follows:
4. 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.
§ 3. This act shall take effect immediately.
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PART H
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:
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] THEIR 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 exercise 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, subdivision 1 as amended by section 3 of
part H of chapter 55 of the laws of 2024, subdivision 2 as amended by
section 19 of part Z of chapter 85 of the laws of 2002, subdivision 4 as
added by chapter 120 of the laws of 2012, and subdivision 5 as added by
chapter 160 of the laws of 2024, is amended to read as follows:
§ 97. Temporary beer and wine permit. 1. The liquor authority is
hereby authorized to issue temporary permits effective for a period not
to exceed twenty-four consecutive hours to authorize the sale of beer,
wine, cider, mead and/or braggot, and liquor at outdoor or indoor gath-
erings, 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
consumption 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
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such beer is not resold at such gatherings. Every brewer or beer whole-
saler to whom a permit shall be issued hereunder shall require every
person to whom beer shall be sold for use at such gatherings to make,
execute and file with such brewer or beer wholesaler, upon a form to be
prescribed by the liquor authority, a statement, that the beer purchased
by such person will not be sold or offered for sale by such person. Such
statement shall be accepted for all purposes as the equivalent of an
affidavit, and if false, shall subject the person making and executing
the same to the same penalties as if [he had] THEY HAVE been duly sworn.
Such permit shall be issued in the form prescribed by the liquor author-
ity and shall run concurrently with the annual term of the brewer's
license or of the wholesale beer license, and the fee for such permit
shall be [sixty-four] SIXTY dollars. Such a permit and the exercise of
the privileges granted thereunder shall be subject to such rules by the
liquor authority as it deems necessary. The provisions hereof shall not
apply to the sale of beer for consumption in the home.
[4.] 3. 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.
[5.] 4. The authority is authorized to allow a brewer, once per annum,
and after the property owner obtains a permit under this section, to
sell or offer at no cost beer, beginning at eight antemeridian and
ending at the hours fixed by or pursuant to subdivision five of section
one hundred six of this chapter, at the following two locations in the
city of Utica, county of Oneida, and bounded and described as follows:
PARCEL I
Beginning at the northwest corner of the beer storage building at the
corner of Edward Street and Wasmer Street and proceeding northerly for a
distance of 76 feet 1 inch; thence 128 feet 5 inches easterly along
Wasmer Street; thence continuing along said Wasmer Street northeasterly
for a distance of 202 feet 10 inches to the corner of Wasmer Street and
Hamilton Street.
Thence northerly along Hamilton Street for a distance of 46 feet 8 inch-
es to the intersection of Columbia Street. Thence northwesterly along
Columbia Street for a distance of 233 feet 6 inches. Thence southwester-
ly for a distance of 77 feet 7 inches to a fence. Thence northwesterly
for a distance of 62 feet and thence southwesterly a distance of 10 feet
6 inches to the southeastern corner of the brewery garage.
Thence, following the garage's perimeter: first in a southwesterly
direction for a distance of 133 feet 2 inches to the southwest corner of
the garage; thence in a northwesterly direction for a distance of 22
feet 5 inches; and thence in a northeasterly direction for a distance of
11 feet 2 inches, then in a northwesterly direction for a distance of
100 feet, to a fence just before the sidewalk on Schuyler Street; thence
southwesterly for a distance of 234 feet 5 inches to the Brewery main
complex.
Thence following the perimeter of the brewery complex buildings south-
east for a distance of 82 feet 8 inches, northeasterly for a distance of
81 feet 11 inches; thence southeasterly for a distance of 85 feet 3
inches; thence northeasterly for a distance of 21 feet 6 inches; and
thence southeasterly for a distance of 96 feet 8 inches to the north-
western corner of the shipping office.
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From the northwestern corner of the shipping office, southeasterly for a
distance of 33 feet 9 inches; thence southwesterly for a distance of 37
feet 8 inches; thence southeasterly for a distance of 65 feet 8 inches;
thence southerly for a distance of 27 feet 4 inches; thence easterly for
a distance of 33 feet, to the point or place of beginning.
PARCEL II
Beginning at the iron fence which is 26 feet northwest of the southwest
corner of the tour center on Court Street; thence 66 feet, 7 inches
northeast, 11 feet 7 inches northwest to the west corner of the tour
center parking lot stairs. Proceeding northeasterly 71 feet 10 inches,
thence northwesterly 19 feet 10 inches to the southeastern corner of the
boiler room building. Thence northwesterly 161 feet; south by southwest
80 feet; southwest 58 feet 5 inches and finally southeast 155 feet to
the point or place of beginning.
§ 4. Paragraph (b) of subdivision 2 and subdivision 4 of section 97-a
of the alcoholic beverage control law, paragraph (b) of subdivision 2 as
added by chapter 396 of the laws of 2010 and subdivision 4 as amended by
chapter 431 of the law of 2024, 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 one hundred eighty days. A
temporary permit may be extended at the discretion of the authority, for
an additional thirty day period upon payment of an additional fee of
[sixty-four] SIXTY dollars for all retail beer licenses and [ninety-six]
NINETY-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.
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(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
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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. 10416 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 GROSS SALES OF AT LEAST SEVEN HUNDRED FIFTY
MILLION DOLLARS WITHIN THE PREVIOUS YEAR IN NEW YORK STATE AS REPORTED
TO THE DEPARTMENT OF TAXATION AND FINANCE ON THE ANNUAL BEER, WINE, AND
LIQUOR WHOLESALERS TRANSACTION INFORMATION, SHALL BE ONE MILLION
DOLLARS; AND
(B) IF SUCH WHOLESALER HAS GROSS SALES OF UNDER SEVEN HUNDRED FIFTY
MILLION DOLLARS WITHIN THE PREVIOUS YEAR IN NEW YORK STATE AS REPORTED
TO THE DEPARTMENT OF TAXATION AND FINANCE ON THE ANNUAL BEER, WINE, AND
LIQUOR WHOLESALERS TRANSACTION INFORMATION, 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 THE 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
A. 10416 12
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
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:
A. 10416 13
1. Any person licensed to sell beer at retail for consumption off the
premises, pursuant to section fifty-four of this chapter, shall, by
virtue of such license and upon payment to the liquor authority of an
additional fee in the sum of one hundred sixty-five dollars in cities
having a population of one hundred thousand or over and [eighty-three]
EIGHTY dollars elsewhere, be granted authorization to sell from the
licensed premises wine products in sealed containers for consumption off
such premises. Upon receipt of such additional fee, the liquor authority
shall promptly issue a permit authorizing such sales by the licensee.
§ 11. Subdivisions 1 and 1-a of section 79-b of the alcoholic beverage
control law, as amended by section 6 of part Z of chapter 85 of the laws
of 2002, are amended to read as follows:
1. Any person licensed to sell beer at retail for consumption on the
premises, pursuant to section fifty-five of this chapter, shall, by
virtue of such license and upon payment to the liquor authority of an
additional fee in the sum of one hundred [ninety-two] NINETY dollars in
cities having a population of one hundred thousand or over and [ninety-
six] NINETY dollars elsewhere, be granted authorization to sell from the
licensed premises wine products in sealed containers at retail for
consumption on or off such premises. Upon receipt of such additional
fee, the liquor authority shall promptly issue a permit authorizing such
sales by the licensee.
1-a. Any person licensed to sell beer at retail for consumption on the
premises, pursuant to section fifty-five-a of this chapter, shall, by
virtue of such license and upon payment to the liquor authority of an
additional fee in the sum of one hundred [ninety-two] NINETY dollars in
cities having a population of one hundred thousand or over and [ninety-
six] NINETY dollars elsewhere, be granted authorization to sell from the
licensed premises wine products in sealed containers at retail for
consumption on such premises. Upon receipt of such additional fee, the
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 GROSS SALES OF AT LEAST SEVEN HUNDRED FIFTY
MILLION DOLLARS WITHIN THE PREVIOUS YEAR IN NEW YORK STATE AS REPORTED
TO THE DEPARTMENT OF TAXATION AND FINANCE ON THE ANNUAL BEER, WINE, AND
LIQUOR WHOLESALERS TRANSACTION INFORMATION, SHALL BE ONE MILLION
DOLLARS; AND
A. 10416 14
(B) IF SUCH WHOLESALER HAS GROSS SALES OF UNDER SEVEN HUNDRED FIFTY
MILLION DOLLARS WITHIN THE PREVIOUS YEAR IN NEW YORK STATE AS REPORTED
TO THE DEPARTMENT OF TAXATION AND FINANCE ON THE ANNUAL BEER, WINE, AND
LIQUOR WHOLESALERS TRANSACTION INFORMATION, SHALL BE EIGHT HUNDRED
DOLLARS.
3. The annual fee for a license to sell wine at retail, not to be
consumed on the premises, shall be six hundred forty dollars for each
such place where such business is carried on in cities having a popu-
lation of one million or more; in cities having less than one million
population and more than one hundred thousand, three hundred twenty
dollars; and elsewhere, the sum of one hundred forty-five dollars.
4. The annual fee for selling wine at retail, to be consumed on the
premises where sold, shall be as follows:
(a) In cities having a population of one hundred thousand or over the
sum of four hundred eighty dollars per year; and
(b) Elsewhere, the sum of two hundred forty dollars per year.
4-a. The annual fee for a license to sell wine at retail to be
consumed on the premises where sold where the premises to be licensed
remain open only within the period commencing April first and ending
October thirty-first of any one year or only within the period commenc-
ing October first and ending the following April thirtieth, the liquor
authority, in its discretion, may grant a summer or winter license
effective only for such appropriate period of time, for which an annual
fee of one hundred [twelve] TEN dollars shall be paid.
5. The annual fee for a special license to sell wine at retail, to be
consumed on the premises where sold, shall be as follows:
(a) In cities having a population of one hundred thousand or over, the
sum of five hundred [seventy-six] SEVENTY-FIVE dollars per year; and
(b) Elsewhere, the sum of two hundred seventy dollars per year.
6. The annual fee for a special winery license shall be six hundred
twenty-five dollars.
7. The annual fee for a special farm winery license shall be one
hundred twenty-five dollars.
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-
A. 10416 15
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] THEY had been the original
applicant for and the original holder, or one of either of them, of such
license or permit, providing the approval of the liquor authority shall
be first obtained. Before continuing such business, such receiver,
assignee, individual, committee, or conservator, debtor in possession,
or trustee in bankruptcy shall file a statement setting forth in such
form and substance as the liquor authority may prescribe the facts and
circumstances by which [he has] THEY HAVE 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 author-
ity 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 I
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. SUCH APPLICATION SHALL BE DEEMED APPROVED AND IN EFFECT IF NOT
DISAPPROVED BY THE AUTHORITY PRIOR TO THE EXPIRATION OF NINETY DAYS
AFTER RECEIPT BY THE AUTHORITY.
§ 2. This act shall take effect immediately.
PART J
Section 1. Subdivision 4 of section 97-a of the alcoholic beverage
control law, as amended by chapter 431 of the laws of 2024, 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 one hundred eighty days. A
A. 10416 16
temporary permit may be extended at the discretion of the authority, for
an additional [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 appropriate fee.
§ 2. 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.
§ 3. 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 K of chapter 55 of
the laws of 2024, 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, 2025].
§ 4. 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 K
Section 1. The alcoholic beverage control law is amended by adding a
new section 97-e to read as follows:
§ 97-E. TEMPORARY WHOLESALE PERMIT. 1. ANY PERSON MAY APPLY TO THE
LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC BEVER-
AGE WHOLESALE FACILITY 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 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. 10416 17
(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.
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 PURCHASE, WAREHOUSING, AND 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 FOR SIX MONTHS OR
UNTIL THE WHOLESALE LICENSE BEING APPLIED FOR IS APPROVED AND THE
LICENSE GRANTED, WHICHEVER IS SHORTER. SUCH PERMIT MAY BE EXTENDED AT
THE DISCRETION OF THE LIQUOR AUTHORITY FOR ADDITIONAL THREE-MONTH PERI-
ODS OF TIME UPON PAYMENT OF AN ADDITIONAL FEE OF FIFTY DOLLARS FOR EACH
SUCH EXTENSION.
7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY
WHOLESALE 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. Section 104 of the alcoholic beverage control law is amended by
adding a new subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRA-
RY, THE AUTHORITY MAY ISSUE A CIDER PRODUCER OR WHOLESALER'S LICENSE,
BEER WHOLESALER'S LICENSE, WINE WHOLESALER'S LICENSE, OR LIQUOR WHOLE-
SALER'S LICENSE TO THE HOLDER OF ANY WHOLESALER'S LICENSE ISSUED PURSU-
ANT TO THIS CHAPTER FOR USE AT SUCH LICENSEE'S EXISTING LICENSED PREM-
ISES. THE LIQUOR AUTHORITY IS HEREBY AUTHORIZED TO ADOPT SUCH RULES AS
IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSES OF THIS SUBDIVISION.
§ 3. This act shall take effect immediately and shall apply to all
applications filed after such effective date.
PART L
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 THE AUTHORITY MAY ISSUE A
RETAIL LICENSE FOR ON-PREMISES CONSUMPTION FOR A PREMISES WHICH SHALL BE
WITHIN TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL,
CHURCH, SYNAGOGUE, OR OTHER PLACE OF WORSHIP IF THE OWNER OR ADMINISTRA-
TOR OF SUCH SCHOOL, CHURCH, OR OTHER PLACE OF WORSHIP AFFIRMATIVELY
STATE SUPPORT FOR THE ISSUANCE OF SUCH A LICENSE, or
A. 10416 18
§ 2. Subparagraph (i) of paragraph (a) of subdivision 7 of section
64-a of the alcoholic beverage control law, as amended by chapter 463 of
the laws of 2009, is amended to read as follows:
(i) 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 THE AUTHORITY MAY ISSUE A
RETAIL LICENSE FOR ON-PREMISES CONSUMPTION FOR A PREMISES WHICH SHALL BE
WITHIN TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL,
CHURCH, SYNAGOGUE, OR OTHER PLACE OF WORSHIP IF THE OWNER OR ADMINISTRA-
TOR OF SUCH SCHOOL, CHURCH, OR OTHER PLACE OF WORSHIP AFFIRMATIVELY
STATE SUPPORT FOR THE ISSUANCE OF SUCH A LICENSE; or
§ 3. Subparagraph (i) of paragraph (a) of subdivision 5 of section
64-b of the alcoholic beverage control law, as amended by chapter 463 of
the laws of 2009, is amended to read as follows:
(i) 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 THE AUTHORITY MAY ISSUE A
RETAIL LICENSE FOR ON-PREMISES CONSUMPTION FOR A PREMISES WHICH SHALL BE
WITHIN TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL,
CHURCH, SYNAGOGUE, OR OTHER PLACE OF WORSHIP IF THE OWNER OR ADMINIS-
TRATOR OF SUCH SCHOOL, CHURCH, OR OTHER PLACE OF WORSHIP AFFIRMATIVE-
LY STATE SUPPORT FOR THE ISSUANCE OF SUCH A LICENSE; or
§ 4. Subparagraph (i) of paragraph (a) of subdivision 11 of section
64-c of the alcoholic beverage control law, as amended by chapter 463 of
the laws of 2009, is amended to read as follows:
(i) 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 THE AUTHORITY MAY ISSUE A
RETAIL LICENSE FOR ON-PREMISES CONSUMPTION FOR A PREMISES WHICH SHALL BE
WITHIN TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL,
CHURCH, SYNAGOGUE, OR OTHER PLACE OF WORSHIP IF THE OWNER OR ADMINIS-
TRATOR OF SUCH SCHOOL, CHURCH, OR OTHER PLACE OF WORSHIP AFFIRMATIVE-
LY STATE SUPPORT FOR THE ISSUANCE OF SUCH A LICENSE; or
§ 5. Paragraph (a) of subdivision 8 of section 64-d of the alcoholic
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 THE AUTHORITY MAY ISSUE A
RETAIL LICENSE FOR ON-PREMISES CONSUMPTION FOR A PREMISES WHICH SHALL BE
WITHIN TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL,
CHURCH, SYNAGOGUE, OR OTHER PLACE OF WORSHIP IF THE OWNER OR ADMINIS-
TRATOR OF SUCH SCHOOL, CHURCH, OR OTHER PLACE OF WORSHIP AFFIRMATIVE-
LY STATE SUPPORT FOR THE ISSUANCE OF SUCH A LICENSE; or
§ 6. This act shall take effect immediately.
PART M
Section 1. Paragraphs (b) and (f) of subdivision 7 of section 64 of
the alcoholic beverage control law, paragraph (b) as amended by chapter
463 of the laws of 2009 and paragraph (f) as amended by chapter 185 of
the laws of 2012, are amended to read as follows:
(b) in a [city, town or village having a population of twenty thousand
or more] COUNTY HAVING A POPULATION BETWEEN ONE MILLION SIX HUNDRED
THOUSAND AND ONE MILLION SEVEN HUNDRED THOUSAND AS OF THE TWO THOUSAND
TWENTY CENSUS AS CONDUCTED BY THE UNITED STATES DEPARTMENT OF COMMERCE
A. 10416 19
within five hundred feet of three or more existing premises licensed and
operating pursuant to this section and sections sixty-four-a, sixty-
four-b, sixty-four-c, and/or sixty-four-d of this article;
(f) Notwithstanding the provisions of paragraph (b) of this subdivi-
sion, IN A COUNTY HAVING A POPULATION BETWEEN ONE MILLION SIX HUNDRED
THOUSAND AND ONE MILLION SEVEN HUNDRED THOUSAND AS OF THE TWO THOUSAND
TWENTY CENSUS AS CONDUCTED BY THE UNITED STATES DEPARTMENT OF COMMERCE,
the authority may issue a license pursuant to this section for a prem-
ises which shall be within five hundred feet of three or more existing
premises licensed and operating pursuant to this section and sections
sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article if, after consultation with the municipality or community board,
it determines that granting such license would be in the public inter-
est. Before it may issue any such license, the authority shall conduct a
hearing, upon notice to the applicant and the municipality or community
board, and shall state and file in its office its reasons therefor. The
hearing may be rescheduled, adjourned or continued, and the authority
shall give notice to the applicant and the municipality or community
board of any such rescheduled, adjourned or continued hearing. Before
the authority issues any said license, the authority or one or more of
the commissioners thereof may, in addition to the hearing required by
this paragraph, also conduct a public meeting regarding said license,
upon notice to the applicant and the municipality or community board.
The public meeting may be rescheduled, adjourned or continued, and the
authority shall give notice to the applicant and the municipality or
community board of any such rescheduled, adjourned or continued public
meeting. Notice to the municipality or community board shall mean writ-
ten notice mailed by the authority to such municipality or community
board at least fifteen days in advance of any hearing scheduled pursuant
to this paragraph. Upon the request of the authority, any municipality
or community board may waive the fifteen day notice requirement. No
premises having been granted a license pursuant to this section shall be
denied a renewal of such license upon the grounds that such premises are
within five hundred feet of a building or buildings wherein three or
more premises are licensed and operating pursuant to this section and
sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
of this article.
§ 2. Paragraphs (a) and (d) of subdivision 7 of section 64-a of the
alcoholic beverage control law, paragraph (a) as amended by chapter 463
of the laws of 2009 and paragraph (d) as amended by chapter 185 of the
laws of 2012, are amended to read as follows:
(a) No special on-premises license shall be granted for any premises
which shall be
(i) 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 or
(ii) in a [city, town or village having a population of twenty thou-
sand or more] COUNTY HAVING A POPULATION BETWEEN ONE MILLION SIX HUNDRED
THOUSAND AND ONE MILLION SEVEN HUNDRED THOUSAND AS OF THE TWO THOUSAND
TWENTY CENSUS AS CONDUCTED BY THE UNITED STATES DEPARTMENT OF COMMERCE
within five hundred feet of three or more existing premises licensed and
operating pursuant to this section and sections sixty-four,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article;
(iii) the measurements in subparagraphs (i) and (ii) of this paragraph
are to be taken in straight lines from the center of the nearest
entrance of the premises sought to be licensed to the center of the
A. 10416 20
nearest entrance of such school, church, synagogue or other place of
worship or to the center of the nearest entrance of each such premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except
that no license shall be denied to any premises at which a license under
this chapter has been in existence continuously from a date prior to the
date when a building on the same street or avenue and within two hundred
feet of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship; and except that no license shall be
denied to any premises, which is within five hundred feet of three or
more existing premises licensed and operating pursuant to this section
and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d
of this article, at which a license under this chapter has been in
existence continuously on or prior to November first, nineteen hundred
ninety-three. The liquor authority, in its discretion, may authorize the
removal of any such licensed premises to a different location on the
same street or avenue, within two hundred feet of said school, church,
synagogue or other place of worship, provided that such new location is
not within a closer distance to such school, church, synagogue or other
place of worship.
(d) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, IN A COUNTY HAVING A POPULATION BETWEEN ONE
MILLION SIX HUNDRED THOUSAND AND ONE MILLION SEVEN HUNDRED THOUSAND AS
OF THE TWO THOUSAND TWENTY CENSUS AS CONDUCTED BY THE UNITED STATES
DEPARTMENT OF COMMERCE, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
sixty-four-d of this article if, after consultation with the munici-
pality or community board, it determines that granting such license
would be in the public interest. Before it may issue any such license,
the authority shall conduct a hearing, upon notice to the applicant and
the municipality or community board, and shall state and file in its
office its reasons therefor. Notice to the municipality or community
board shall mean written notice mailed by the authority to such munici-
pality or community board at least fifteen days in advance of any hear-
ing scheduled pursuant to this paragraph. Upon the request of the
authority, any municipality or community board may waive the fifteen day
notice requirement. The hearing may be rescheduled, adjourned or contin-
ued, and the authority shall give notice to the applicant and the muni-
cipality or community board of any such rescheduled, adjourned or
continued hearing. Before the authority issues any said license, the
authority or one or more of the commissioners thereof may, in addition
to the hearing required by this paragraph, also conduct a public meeting
regarding said license, upon notice to the applicant and the munici-
pality or community board. The public meeting may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such resched-
uled, adjourned or continued public meeting. No premises having been
granted a license pursuant to this section shall be denied a renewal of
such license upon the grounds that such premises are within five hundred
feet of a building or buildings wherein three or more premises are
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
§ 3. Paragraphs (a) and (c) of subdivision 5 of section 64-b of the
alcoholic beverage control law, paragraph (a) as amended by chapter 463
A. 10416 21
of the laws of 2009 and paragraph (c) as amended by chapter 185 of the
laws of 2012, are amended to read as follows:
(a) No bottle club license shall be granted for any premises which
shall be
(i) 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; or
(ii) in a [city, town or village having a population of twenty thou-
sand or more] COUNTY HAVING A POPULATION BETWEEN ONE MILLION SIX HUNDRED
THOUSAND AND ONE MILLION SEVEN HUNDRED THOUSAND AS OF THE TWO THOUSAND
TWENTY CENSUS AS CONDUCTED BY THE UNITED STATES DEPARTMENT OF COMMERCE
within five hundred feet of three or more existing premises licensed and
operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-c, and/or sixty-four-d of this article;
(iii) the measurements in subparagraphs (i) and (ii) of this paragraph
are to be taken in straight lines from the center of the nearest
entrance of the premises sought to be licensed to the center of the
nearest entrance of such school, church, synagogue or other place of
worship or to the center of the nearest entrance of each such premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-c, and/or sixty-four-d of this article; except
that no license shall be denied to any premises at which a license under
this chapter has been in existence continuously from a date prior to the
date when a building on the same street or avenue and within two hundred
feet of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship; and except that no license shall be
denied to any premises, which is within five hundred feet of three or
more existing premises licensed and operating pursuant to this section
and sections sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d
of this article, at which a license under this chapter has been in
existence continuously on or prior to November first, nineteen hundred
ninety-three. The liquor authority, in its discretion, may authorize the
removal of any such licensed premises to a different location on the
same street or avenue, within two hundred feet of said school, church,
synagogue or other place of worship, provided that such new location is
not within a closer distance to such school, church, synagogue or other
place of worship.
(c) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, IN A COUNTY HAVING A POPULATION BETWEEN ONE
MILLION SIX HUNDRED THOUSAND AND ONE MILLION SEVEN HUNDRED THOUSAND AS
OF THE TWO THOUSAND TWENTY CENSUS AS CONDUCTED BY THE UNITED STATES
DEPARTMENT OF COMMERCE, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-a, sixty-four-c, and/or
sixty-four-d of this article if, after consultation with the munici-
pality or community board, it determines that granting such license
would be in the public interest. Before it may issue any such license,
the authority shall conduct a hearing, upon notice to the applicant and
the municipality or community board, and shall state and file in its
office its reasons therefor. The hearing may be rescheduled, adjourned
or continued, and the authority shall give notice to the applicant and
the municipality or community board of any such rescheduled, adjourned
or continued hearing. Before the authority issues any said license, the
authority or one or more of the commissioners thereof may, in addition
to the hearing required by this paragraph, also conduct a public meeting
A. 10416 22
regarding said license, upon notice to the applicant and the munici-
pality or community board. The public meeting may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such resched-
uled, adjourned or continued public meeting. Notice to the municipality
or community board shall mean written notice mailed by the authority to
such municipality or community board at least fifteen days in advance of
any hearing scheduled pursuant to this paragraph. Upon the request of
the authority, any municipality or community board may waive the fifteen
day notice requirement. No premises having been granted a license pursu-
ant to this section shall be denied a renewal of such license upon the
grounds that such premises are within five hundred feet of a building or
buildings wherein three or more premises are licensed and operating
pursuant to this section and sections sixty-four, sixty-four-a, sixty-
four-c, and/or sixty-four-d of this article.
§ 4. Paragraphs (a) and (c) of subdivision 11 of section 64-c of the
alcoholic beverage control law, paragraph (a) as amended by chapter 463
of the laws of 2009 and paragraph (c) as amended by chapter 185 of the
laws of 2012, are amended to read as follows:
(a) No restaurant-brewer license shall be granted for any premises
which shall be:
(i) 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; or
(ii) in a [city, town or village having a population of twenty thou-
sand or more] COUNTY HAVING A POPULATION BETWEEN ONE MILLION SIX HUNDRED
THOUSAND AND ONE MILLION SEVEN HUNDRED THOUSAND AS OF THE TWO THOUSAND
TWENTY CENSUS AS CONDUCTED BY THE UNITED STATES DEPARTMENT OF COMMERCE
within five hundred feet of three or more existing premises licensed and
operating pursuant to the provisions of this section or sections sixty-
four, sixty-four-a, sixty-four-b and/or sixty-four-d of this article; or
(iii) the measurements in subparagraphs (i) and (ii) of this paragraph
are to be taken in straight lines from the center of the nearest
entrance of the premises sought to be licensed to the center of the
nearest entrance of such school, church, synagogue or other place of
worship or to the center of the nearest entrance of each such premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b and/or sixty-four-d of this article; except
that no license shall be denied to any premises at which a license under
this chapter has been in existence continuously from a date prior to the
date when a building on the same street or avenue and within two hundred
feet of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship and except that no license shall be
denied to any premises, which is within five hundred feet of three or
more existing premises licensed and operating pursuant to this section
and sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d
of this article, at which a license under this chapter has been in
existence continuously on or prior to November first, nineteen hundred
ninety-three.
(c) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, IN A COUNTY HAVING A POPULATION BETWEEN ONE
MILLION SIX HUNDRED THOUSAND AND ONE MILLION SEVEN HUNDRED THOUSAND AS
OF THE TWO THOUSAND TWENTY CENSUS AS CONDUCTED BY THE UNITED STATES
DEPARTMENT OF COMMERCE, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
A. 10416 23
section and sections sixty-four, sixty-four-a, sixty-four-b and/or
sixty-four-d of this article if, after consultation with the munici-
pality or community board, it determines that granting such license
would be in the public interest. Before it may issue any such license,
the authority shall conduct a hearing, upon notice to the applicant and
the municipality or community board, and shall state and file in its
office its reasons therefor. The hearing may be rescheduled, adjourned
or continued, and the authority shall give notice to the applicant and
the municipality or community board of any such rescheduled, adjourned
or continued hearing. Before the authority issues any said license, the
authority or one or more of the commissioners thereof may, in addition
to the hearing required by this paragraph, also conduct a public meeting
regarding said license, upon notice to the applicant and the munici-
pality or community board. The public meeting may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such resched-
uled, adjourned or continued public meeting. Notice to the municipality
or community board shall mean written notice mailed by the authority to
such municipality or community board at least fifteen days in advance of
any hearing scheduled pursuant to this paragraph. Upon the request of
the authority, any municipality or community board may waive the fifteen
day notice requirement. No premises having been granted a license pursu-
ant to this section shall be denied a renewal of such license upon the
grounds that such premises are within five hundred feet of a building or
buildings wherein three or more premises are operating and licensed
pursuant to this section or sections sixty-four, sixty-four-a, sixty-
four-b and/or sixty-four-d of this article.
§ 5. Paragraphs (b) and (e) of subdivision 8 of section 64-d of the
alcoholic beverage control law, paragraph (b) as amended by chapter 463
of the laws of 2009 and paragraph (e) as amended by chapter 185 of the
laws of 2012, are amended to read as follows:
(b) in a [city, town or village having a population of twenty thousand
or more] COUNTY HAVING A POPULATION BETWEEN ONE MILLION SIX HUNDRED
THOUSAND AND ONE MILLION SEVEN HUNDRED THOUSAND AS OF THE TWO THOUSAND
TWENTY CENSUS AS CONDUCTED BY THE UNITED STATES DEPARTMENT OF COMMERCE
within five hundred feet of an existing premises licensed and operating
pursuant to the provisions of this section, or within five hundred feet
of three or more existing premises licensed and operating pursuant to
this section and sections sixty-four, sixty-four-a, sixty-four-b, and/or
sixty-four-c of this article.
(e) notwithstanding the provisions of paragraph (b) of this subdivi-
sion, IN A COUNTY HAVING A POPULATION BETWEEN ONE MILLION SIX HUNDRED
THOUSAND AND ONE MILLION SEVEN HUNDRED THOUSAND AS OF THE TWO THOUSAND
TWENTY CENSUS AS CONDUCTED BY THE UNITED STATES DEPARTMENT OF COMMERCE,
the authority may issue a license pursuant to this section for a prem-
ises which shall be within five hundred feet of an existing premises
licensed and operating pursuant to the provisions of this section or
within five hundred feet of three or more existing premises licensed and
operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if,
after consultation with the municipality or community board, it deter-
mines that granting such license would be in the public interest.
Before it may issue any such license, the authority shall conduct a
hearing, upon notice to the applicant and the municipality or community
board, and shall state and file in its office its reasons therefor. The
hearing may be rescheduled, adjourned or continued, and the authority
A. 10416 24
shall give notice to the applicant and the municipality or community
board of any such rescheduled, adjourned or continued hearing. Before
the authority issues any said license, the authority or one or more of
the commissioners thereof may, in addition to the hearing required by
this paragraph, also conduct a public meeting regarding said license,
upon notice to the applicant and the municipality or community board.
The public meeting may be rescheduled, adjourned or continued, and the
authority shall give notice to the applicant and the municipality or
community board of any such rescheduled, adjourned or continued public
meeting. Notice to the municipality or community board shall mean writ-
ten notice mailed by the authority to such municipality or community
board at least fifteen days in advance of any hearing scheduled pursuant
to this paragraph. Upon the request of the authority, any municipality
or community board may waive the fifteen day notice requirement. No
premises having been granted a license pursuant to this section shall be
denied a renewal of such license upon the grounds that such premises are
within five hundred feet of an existing premises licensed and operating
pursuant to the provisions of this section or within five hundred feet
of a building or buildings wherein three or more premises are licensed
and operating pursuant to this section and sections sixty-four, sixty-
four-a, sixty-four-b, and/or sixty-four-c of this article.
§ 6. 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 M of this act shall be
as specifically set forth in the last section of such Parts.
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