Legislation

Search OpenLegislation Statutes

This entry was published on 2024-07-05
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 97
Temporary beer and wine permit
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 7
§ 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
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
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 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
wholesaler to whom a permit shall be issued hereunder shall require
every person to whom beer shall be sold for use at such gatherings to
make, execute and file with such brewer or beer wholesaler, upon a form
to be prescribed by the liquor authority, a statement, that the beer
purchased by such person will not be sold or offered for sale by such
person. Such statement shall be accepted for all purposes as the
equivalent of an affidavit, and if false, shall subject the person
making and executing the same to the same penalties as if he had been
duly sworn. Such permit shall be issued in the form prescribed by the
liquor authority and shall run concurrently with the annual term of the
brewer's license or of the wholesale beer license, and the fee for such
permit shall be sixty-four 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. 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 dollars.

5. 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
inches to the intersection of Columbia Street. Thence northwesterly
along Columbia Street for a distance of 233 feet 6 inches. Thence
southwesterly 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
southeast 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
northwestern corner of the shipping office.
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.