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This entry was published on 2014-09-22
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SECTION 99-D
Miscellaneous fees
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 7
§ 99-d. Miscellaneous fees. 1. Before any substantial alteration to a
licensed premises may be undertaken by or on the behalf of any licensee
except a micro-winery, a farm winery or a roadside farm market, the
licensee shall make an application to the liquor authority for
permission to effect such alteration. A substantial alteration shall
include any enlargement or contraction of a licensed premises whether
indoors or outdoors; any physical change that reduces the visibility
that existed at the time of licensing; any other physical changes in the
interior of a licensed premises that materially affect the character of
the premises; and, in the case of establishments licensed for
consumption on the premises, any material changes to the dining or
kitchen facilities, or any change in the size or location of any bar
within the contemplation of subdivision four of section one hundred of
this chapter at which alcoholic beverages are dispensed. A minor
alteration shall be deemed to be one costing and valued at less than ten
thousand dollars, which does not materially affect the character of the
premises or the physical structure that existed at the time of
licensing. Before commencing work on the alteration, any licensee other
than a micro-winery, a farm winery or a roadside farm market licensee,
shall request permission to effect such minor alteration and shall
submit an affidavit to the liquor authority by filing the same in person
or by certified mail return receipt requested or overnight delivery
service with proof of mailing on forms prescribed by the authority. A
winery, micro-winery, farm winery or roadside farm market licensee is
not required to obtain permission from the authority to make a minor
alteration to its premises. The affidavit shall include but not be
limited to a description of the proposed alteration, the cost and value
of the alteration, and the source of money making the alteration
possible. Upon receipt of such affidavit, the authority shall have
twenty days in which to review the proposed alteration and notify the
licensee of any objection to the same by certified mail return receipt
requested. If no such objection is made within such period permission
shall be deemed to have been granted. Work may commence on such
alteration if no objection is received by the twenty-fifth day after
filing such affidavit. The cost of an alteration, for purposes of this
subdivision, shall be equal to the total sum expended to complete the
proposed alteration excluding professional fees.

2. 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, 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 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
separately 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.

(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 dollars where the base license fee is five hundred
dollars or more and thirty-two dollars in all other instances.

4. The liquor authority may make such rules as it deems necessary to
carry out the provisions of this section.