Legislation

Search OpenLegislation Statutes

This entry was published on 2019-08-23
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-B
Sale of alcoholic beverages at the New York state fair
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 7
§ 97-b. Sale of alcoholic beverages at the New York state fair. 1. For
purposes of this section, the New York state fair and New York state
fairgrounds shall have the same meaning and purpose as in article two-a
of the agriculture and markets law.

2. In addition to any license issued pursuant to section fifty-five,
sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, eighty-one or
eighty-one-a of this chapter for a premises located upon the New York
state fairgrounds, the liquor authority is hereby authorized to issue a
temporary permit to the holder of a concessionaire's license issued by
the division of the New York state fair in the department of agriculture
and markets.

3. (a) Such permit shall allow for the sale of alcoholic beverages by
the permit holder for consumption upon the premises known as the New
York state fairgrounds during the annual New York state fair for the
calendar year such permit is issued.

(b) Such a permit shall also allow the holder thereof to store
alcoholic beverages upon the New York state fairgrounds, in areas
designated by the concessionaire's license, during the seven days
immediately preceding and the seven days immediately following the state
fair for which the permit has been issued.

(c) Such permit holder must display its permit at all locations as
authorized by the concessionaire's license and the authority.

4. The holder of an on-premises license issued for a premises located
upon the New York state fairgrounds may exercise the privileges of a
permit issued under this section without the need to obtain such permit.
Provided, however, that the licensee may only sell such alcoholic
beverages as may be sold under the terms of its license.

5. The holder of a manufacturing license issued pursuant to section
thirty-one, fifty-one, fifty-one-a, fifty-eight, fifty-eight-c,
seventy-six or seventy-six-a of this chapter or subdivision two-c of
section sixty-one of this chapter may exercise the privileges of a
permit issued under this section without need to obtain such permit.
Provided, however, that the licensee: (a) holds a concessionaire's
license issued by the division of the New York state fair in the
department of agriculture and markets; and (b) may only sell such
alcoholic beverages as may be sold for on-premises consumption at its
licensed premises under the terms of its license.

6. The exercise of the privileges of a permit under this section shall
be subject to: (a) such rules of the liquor authority as it deems
necessary; and (b) the provisions of a concessionaire's agreement
between the permit holder or licensee and the division of the New York
state fair in the department of agriculture and markets.

7. The fee for such permit shall be two hundred sixty dollars.