Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 14, 2024 |
print number 6785b |
Feb 14, 2024 |
amend (t) and recommit to investigations and government operations |
Jan 03, 2024 |
referred to investigations and government operations |
May 15, 2023 |
reported and committed to commerce, economic development and small business |
May 10, 2023 |
print number 6785a |
May 10, 2023 |
amend and recommit to investigations and government operations |
May 09, 2023 |
referred to investigations and government operations |
Senate Bill S6785B
2023-2024 Legislative Session
Makes major revisions to provisions of the alcoholic beverage control law relating to the issuance of licenses and hours of operation
download bill text pdfSponsored By
(D) 42nd Senate District
Current Bill Status - In Senate Committee Investigations And Government Operations Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2023-S6785 - Details
- See Assembly Version of this Bill:
- A9244
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Rpld §105 sub 2, amd ABC L, generally; amd §4, Chap 118 of 2012; amd §5, Chap 396 of 2010
2023-S6785 - Summary
Relates to the effectiveness of provisions of law relating to the powers of the chairman and members of the state liquor authority (Part A); provides for certain temporary permits (Part B); authorizes special permits to remain open during certain hours of the morning (Part C); permits certain retail licensees to purchase wine and liquor from certain other retail licensees (Part D)
2023-S6785 - Sponsor Memo
BILL NUMBER: S6785 SPONSOR: SKOUFIS TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to the hours during which liquor and/or wine stores may be open on Sunday (Part A); to amend the alcoholic beverage control law, in relation to permitting the sale of beer at retail on Sundays; and to repeal certain provisions of such law relating thereto (Part B); to amend the alcoholic beverage control law, in relation to authorizing special permits to remain open during certain hours of the morning (Part C); to amend the alcoholic beverage control law, in relation to permitting certain retail licensees to purchase wine and liquor from certain other retail licensees (Part D); to amend the alcoholic beverage control law, in relation to permissible sales by license holders (Part E); to amend the alcoholic beverage control law, in relation to allowing multi- ple off-premises licenses (Part F); to amend the alcoholic beverage control law, in relation to licensing restrictions for manufacturers and wholesalers of alcoholic beverages and retail licensees (Part G); to amend the alcoholic beverage control law, in relation to the approval of seven day licenses to sell liquor at retail for consumption off the premises (Part H); to amend the alcoholic beverage control law, in relation to adjusting licensing fees regarding certain alcoholic bever-
ages (Part I); to amend the alcoholic beverage control law, in relation to notifying municipalities of the filing of certain applications (Part J); to amend the alcoholic beverage control law, in relation to chang- es of ownership of a licensed business (Part K); to amend the alcoholic beverage control law, in relation to the issuance of temporary retail permits; and to amend chapter 396 of the laws of 2010 amend- ing the alcoholic beverage control law relating to liquidator's permits and temporary retail permits, in relation to the effectiveness thereof (Part L); to amend the alcoholic beverage control law, in relation to the issuance of temporary wholesale permits (Part M); to amend the alcoholic beverage control law, in relation to licenses issued for on premises consumption within two hundred feet of a building occu- pied as a school, church, synagogue or other place of worship (Part N); and to repeal paragraphs b and f of subdivision 7 of section 64 of the alcoholic beverage control law relating to restricting licenses for premises located within five hundred feet of other licensed premises (Part O) PURPOSE: To modernize and simplify the state's alcohol laws in accordance with recommendations made by the Commission to Study Reform of the Alcoholic Beverage Control Law. SUMMARY OF PROVISIONS: Part A - Expands the hours during which liquor and wine stores may be open on Sunday to 10AM to 10PM. This Part incorporates S2854 of 2023 (Skoufis), amending section 105 of the ABC Law to change the time liquor and wine stores may open on Sundays from noon to 10AM and the time they may close from 9PM to 10PM. Part B - Permits beer to be sold for off-premise consumption between the hours of 3AM and 8AM on Sundays. This Part incorporates S5731 of 2023 (Skoufis), repealing section 105-a, amending section 34, amending section 54-b, amending section 59-a, repealing subdivision 6 of section 117-a, and amending section 130 of the ABC Law. Part C - Allows restaurants and bars to apply for a special permit to stay open on January 1 between 4AM and 8AM. This Part incorporates S4742A of 2023 (Cooney), amending section 99 of the ABC Law. Part D - Allows on-premises retail licensees like bars and restaurants to buy and resell up to 12 bottles of wine and liquor per week from off-premises retailers. This Part incorporates S2853 of 2023 (Skoufis), amending sections 105 and 106 of the ABC Law. Part E - Expands off-premises retail sales to include promotional items, as well as any other items reasonably related to the storage, prepara- tion, service, or consumption of alcoholic beverages. Allows wholesalers to transport and sell such products. This Part incorporates and expands upon S3568 (Skoufis) and S3567 (Skoufis) of 2023, amending sections 63, 104, and 101-b of the ABC Law. Part F - Allows a holder of an off-premises retail license to be granted one additional license to sell liquor/wine at retail for off-premises consumption. Amends section 63 of the ABC Law to allow any person to hold up to two such licenses. Part G - Limits the application of New York's tied-house provisions to New York licensees. This Part incorporates S163 of 2023 (Hoylman-Sigal), amending sections 101 and 106 of the ABC Law to limit the application of the New York's tied-house provisions to retailers, wholesalers, and manufacturers licensed by the New York State Liquor Authority. Part H - Changes the "public convenience and advantage" standard with respect to issuing new retail licenses to sell liquor/wine for off-prem- ises consumption to a new "good cause for disapproval" standard. Amends section 63 of the ABC Law. Part I - Adjusts various fees for licensure for NYS manufacturers, wholesalers, and retailers. This Part incorporates S9033 of 2022 (Skouf- is), amending multiple sections of the ABC Law to increase or decrease such fees. Part J - Expedites the SLA municipal notification process to allow license applicants to notify a municipality that they are applying for an SLA license up to the same day they submit their application with the SLA and prohibits the SLA from acting to approve an application within the first 30 days after it has been submitted. Currently, applicants for an SLA license must notify a municipality of their intent to apply no earlier than 270 days before and no later than 30 days before. This change would allow for notification no earlier than 270 days prior and removes the 30-day minimum prior language, and requires proof of notifi- cation to the municipality to be submitted with the license application. This Part incorporates the Executive's proposed FY 24 State Budget language found within PPGG Part N, amending section 110-b of the ABC Law. Part K - Expedites SLA review of corporate changes to deem any changes in corporate structure for LLCs or clubs automatically approved if the SLA has not acted on them in 90 days, unless the changes would violate tied-house restrictions or restrictions on certain individuals having an interest in an SLA license or taking part in an SLA licensed business. LLCs and clubs with SLA licenses must apply for permission to the SLA to make changes in their corporate structure or administrative staff. This Part incorporates the Executive's proposed FY 24 State Budget language found within PPGG Part M, amending section 99-d of the ABC Law. Part L - Allows for the issuance of temporary retail permits, permanent- ly extending the SLA's authority to issue temporary retail permits, allow businesses to apply for a permit for locations that have not had an active licensed retailer in the prior two years, give permit holders the ability to purchase alcohol for sale on credit, and allow permits to be extended for 90 days. This proposal removes the need for there to have been an active retailers within the previous two years and main- tains the ban on issuing a permit if a location had a license previously suspended, canceled, or revoked in the two years prior. This proposal lengthens the 30 day extension period to 90 days with the payment of a fee. This Part incorporates the Executive's proposed FY 24 State Budget language found within PPGG Part O, amending section 97-a of the ABC Law. Part M - Allows for the issuance of temporary wholesaler permits, grant- ing the SLA the authority to issue such permits to those applicants whose applications are under review by the SLA in order to allow them to start doing business faster. Such permit may be granted once an appli- cant shows the have a pending application for the same location and have paid all necessary fees, that they would be likely to receive the license, and they have obtained all necessary permits and licenses to operate a business at the location. Provides that any current SLA license at the location that is prohibited from operating concurrently with a wholesale business must have been surrendered, placed in safe- keeping, or has been deemed abandoned by the SLA. Application fee would be $125 and the SLA would have to process an application in 45 days. The permit would remain in effect until the application is approved or rejected. This Part incorporates the Senate's FY 24 1-House State Budget language found within S4005B Part L. Part N - Modifies the 200' rule that prevents the issuance of a retail license for on-premises consumption when the premises is on the same street and within 200' of a school or place of worship. This proposal would eliminate from consideration any houses of worship that have occu- pied its premises for less than five years prior to the date an applica- tion for a retail license is made. Part O - Repeals the 500' rule that prevents the issuance of a retail license for on-premises consumption when the premises is within 500' of three or more licensed and existing premises. JUSTIFICATION: New York's nearly 100-year-old alcohol laws are amongst the strictest and most antiquated in the country. Therefore, the 21-member Commission to Study Reform of the Alcoholic Beverage Control Law was established through the FY 2023 State Budget in order to make, recommendations lead- ing to modernization and simplification of these laws. The Commission addressed issues including but not limited to the alcohol industry's state economic impact, changes in laws and resources to speed up license application processing, and general reform proposals as voted on by stakeholders. Representatives from across the industry included alcohol producers, wholesalers, and on- and off-premises retailers, as well as policymakers and regulators. This legislation embodies the recommenda- tions of the Commission issued as part of its May 2023 final report and represents much-needed changes for a major and multi-pronged industry in New York to survive and thrive in the 21st Century. LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: TBD EFFECTIVE DATE: This act shall take effect immediately provided, however, that the applicable effective date of Parts A through O of this act shall be as specifically set forth in the last section of such Parts.
2023-S6785 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6785 2023-2024 Regular Sessions I N S E N A T E May 9, 2023 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the alcoholic beverage control law, in relation to the hours during which liquor and/or wine stores may be open on Sunday (Part A); to amend the alcoholic beverage control law, in relation to permitting the sale of beer at retail on Sundays; and to repeal certain provisions of such law relating thereto (Part B); to amend the alcoholic beverage control law, in relation to author- izing special permits to remain open during certain hours of the morn- ing (Part C); to amend the alcoholic beverage control law, in relation to permitting certain retail licensees to purchase wine and liquor from certain other retail licensees (Part D); to amend the alcoholic beverage control law, in relation to permissible sales by license holders (Part E); to amend the alcoholic beverage control law, in relation to allowing multiple off-premises licenses (Part F); to amend the alcoholic beverage control law, in relation to licensing restrictions for manufacturers and wholesalers of alcoholic beverages and retail licensees (Part G); to amend the alcoholic beverage control law, in relation to the approval of seven day licenses to sell liquor at retail for consumption off the premises (Part H); to amend the alcoholic beverage control law, in relation to adjusting licensing fees regarding certain alcoholic beverages (Part I); to amend the alcoholic beverage control law, in relation to notifying munici- palities of the filing of certain applications (Part J); to amend the alcoholic beverage control law, in relation to changes of ownership of a licensed business (Part K); to amend the alcoholic beverage control law, in relation to the issuance of temporary retail permits; and to amend chapter 396 of the laws of 2010 amending the alcoholic beverage control law relating to liquidator's permits and temporary retail permits, in relation to the effectiveness thereof (Part L); to amend the alcoholic beverage control law, in relation to the issuance of temporary wholesale permits (Part M); to amend the alcoholic bever- age control law, in relation to licenses issued for on premises EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD11092-02-3 S. 6785 2 consumption within two hundred feet of a building occupied as a school, church, synagogue or other place of worship (Part N); and to repeal paragraphs b and f of subdivision 7 of section 64 of the alco- holic beverage control law relating to restricting licenses for prem- ises located within five hundred feet of other licensed premises (Part O) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation necessary to implement certain provisions regarding licensing and sales under the alcoholic beverage control law. Each component is wholly contained within a Part identified as Parts A through O. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Subparagraph (i) of paragraph (a) of subdivision 14 of section 105 of the alcoholic beverage control law, as amended by section 1 of part EE of chapter 55 of the laws of 2022, is amended to read as follows: (i) On Sunday before [twelve] TEN o'clock [post meridian] ANTE MERIDI- AN and after [nine] TEN o'clock post meridian. § 2. This act shall take effect immediately. PART B Section 1. Section 105-a of the alcoholic beverage control law is REPEALED. § 2. Subdivision 4 of section 34 of the alcoholic beverage control law, as added by chapter 522 of the laws of 2018, is amended to read as follows: 4. No tasting shall be held during the hours prohibited by the provisions of [sections] SECTION one hundred five [and one hundred five-a] of this chapter. § 3. Subdivision (d) of section 54-b of the alcoholic beverage control law, as added by chapter 232 of the laws of 2015, is amended to read as follows: (d) No tasting shall be held during the hours prohibited by the provisions of [sections] SECTION one hundred five [and one hundred five-a] of this chapter. § 4. Subdivision (d) of section 59-a of the alcoholic beverage control law, as added by chapter 232 of the laws of 2015, is amended to read as follows: (d) No tasting shall be held during the hours prohibited by the provisions of section one hundred five [and one hundred five-a] of this chapter. S. 6785 3 § 5. Subdivision 6 of section 117-a of the alcoholic beverage control law is REPEALED. § 6. Subdivision 4 of section 130 of the alcoholic beverage control law, as amended by chapter 186 of the laws of 1949, is amended to read as follows: 4. In the city of New York, a summons shall be issued for a violation of the provisions of subdivision fourteen of section one hundred [and] five[, section one hundred and five-a] and subdivision five of section one hundred [and] six of this chapter in the same manner as provided by subdivision h of section one hundred [and] sixteen of the New York city criminal courts act. § 7. This act shall take effect immediately. PART C Section 1. Subdivision 1 of section 99 of the alcoholic beverage control law, as amended by section 22 of part Z of chapter 85 of the laws of 2002, is amended to read as follows: 1. Any person licensed to sell alcoholic beverages for consumption on the premises pursuant to this chapter may apply to the liquor authority for a special permit [to remain open on any week day between the hours of four o'clock a.m. or the closing hour prescribed by a rule adopted in a county on or before April first, nineteen hundred ninety-five or pursuant to subdivision eleven of section seventeen of this chapter, and eight o'clock a.m]. A PERMIT ISSUED UNDER THIS SECTION SHALL AUTHORIZE THE HOLDER OF A RETAIL ON-PREMISES LICENSE TO SELL OR SERVE ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES ON THE MORNING OF JANUARY FIRST BETWEEN FOUR O'CLOCK A.M. OR SUCH OTHER HOUR THAT THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION MUST CEASE IN THE COMMU- NITY IN WHICH THE LICENSED PREMISES IS LOCATED, AND EIGHT O'CLOCK A.M. The fee for such permit shall be fifty-one dollars per day. § 2. This act shall take effect on the sixtieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART D Section 1. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 2-b to read as follows: 2-B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL BE AUTHORIZED TO PURCHASE UP TO TWELVE BOTTLES OF WINE AND LIQUOR PER WEEK FROM AN OFF- PREMISES RETAIL LICENSEE, AND MAY RESELL ANY WINE AND LIQUOR SO PURCHASED FOR CONSUMPTION ON THE PREMISES LICENSED THEREFOR. § 2. Section 105 of the alcoholic beverage control law is amended by adding a new subdivision 24 to read as follows: 24. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, A RETAIL LICENSEE TO SELL LIQUOR AND/OR WINE FOR CONSUMPTION OFF THE PREM- ISES SHALL BE AUTHORIZED TO SELL UP TO TWELVE BOTTLES OF WINE AND LIQUOR PER WEEK TO A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION. § 3. This act shall take effect immediately. PART E S. 6785 4 Section 1. Subdivision 4 of section 63 of the alcoholic beverage control law, as amended by section 3 of part H of chapter 58 of the laws of 2019, is amended to read as follows: 4. No licensee under this section shall be engaged in any other busi- ness on the licensed premises. The sale of lottery tickets, when duly authorized and lawfully conducted, the sale of reusable bags as defined in section 27-2801 of the environmental conservation law, the sale of corkscrews or the sale of ice or the sale of publications, including prerecorded video and/or audio cassette tapes, or educational seminars, designed to help educate consumers in their knowledge and appreciation of alcoholic beverages, as defined in section three of this chapter and allowed pursuant to their license, or the sale of non-carbonated, non- flavored mineral waters, spring waters and drinking waters or the sale of glasses designed for the consumption of wine OR LIQUOR, racks designed for the storage of wine OR LIQUOR, and devices designed to minimize oxidation in bottles of wine OR LIQUOR which have been uncorked, or the sale of gift bags, gift boxes, ASSOCIATED PROMOTIONAL ITEMS, or wrapping[,] for alcoholic beverages purchased at the licensed premises, OR THE SALE OF ANY OTHER ITEMS REASONABLY USED IN CONNECTION WITH THE STORAGE, PREPARATION, SERVICE, OR CONSUMPTION OF LIQUOR, WINE, OR WINE PRODUCTS SUBJECT TO SUCH RULES AND REGULATIONS AS THE LIQUOR AUTHORITY MAY PRESCRIBE shall not constitute engaging in another busi- ness within the meaning of this subdivision. Any fee obtained from the sale of an educational seminar shall not be considered as a fee for any tasting that may be offered during an educational seminar, provided that such tastings are available to persons who have not paid to attend the seminar and all tastings are conducted in accordance with section sixty-three-a of this article. § 2. Paragraph (a) of subdivision 1 of section 104 of the alcoholic beverage control law, as amended by chapter 2 of the laws of 2013, is amended to read as follows: (a) No wholesaler shall be engaged in any other business on the prem- ises to be licensed; except that nothing contained in this chapter shall: (1) prohibit a beer wholesaler from (i) acquiring, storing or selling non-alcoholic snack foods, as defined in paragraph (b) of this subdivision, (ii) manufacturing, bottling, storing, or selling non-alco- holic carbonated beverages, (iii) manufacturing, storing or selling non-alcoholic non-carbonated soft drinks, mineral waters, spring waters, drinking water, non-taxable malt or cereal beverages, juice drinks, fruit or vegetable juices, ice, liquid beverage mixes and dry or frozen beverage mixes, (iv) acquiring, storing or selling wine products, (v) the sale of promotional items on such premises, or (vi) the sale of tobacco products at retail by wholesalers who are licensed to sell beer and other products at retail; (2) prohibit a wholesaler authorized to sell wine from manufacturing, acquiring or selling wine merchandise, as defined in paragraph (d) of this subdivision; (3) prohibit a licensed winery or licensed farm winery from engaging in the business of a wine wholesaler for New York state labeled wines produced by any licensed winery or licensed farm winery or prohibit such wine wholesaler from exercising any of its rights pursuant to sections seventy-six and seven- ty-six-a of this chapter provided that the operation of such beer and wine wholesalers business shall be subject to such rules and regulations as the liquor authority may prescribe; (4) prohibit a beer wholesaler who is authorized to sell beer at retail from selling at retail: (i) candy, chewing gum and cough drops; (ii) non-refrigerated salsa; (iii) cigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue S. 6785 5 and picnic-related products and supplies, which shall include, but not be limited to, charcoal, grills, propane gas, plastic and paper cups, paper or plastic tablecloths and coolers; (v) beer making and brewing supplies and publications, which shall include, but not be limited to, books, magazines, equipment and ingredients; (vi) steins, mugs and other glassware appropriate for the consumption of beer, malt beverages and wine products; (vii) items typically used to serve beer and malt bever- ages including, but not limited to, taps, kegerators, koozies and beer socks; (viii) lemons, limes and oranges, provided that no more than two dozen of each shall be displayed at any one time; (ix) rock salt, ice and snow melting compounds, snow shovels; windshield washer solvent; firewood; beach umbrellas; sunglasses and sun block; and (x) prepaid telephone cards; [or] (5) prohibit the installation and operation of a single automated teller machine in the premises of a beer wholesaler who is authorized to sell beer at retail; (6) PROHIBIT A LIQUOR WHOLESALER FROM TRANSPORTING OR SELLING GIFTS OR PROMOTIONAL ITEMS ASSOCIATED WITH LIQUOR OR WINE; OR (7) PROHIBIT A LIQUOR WHOLESALER FROM TRANSPORTING OR SELLING ANY OTHER ITEMS REASONABLY USED IN CONNECTION WITH THE STORAGE, PREPARATION, SERVICE, OR CONSUMPTION OF LIQUOR, WINE, OR WINE PRODUCTS SUBJECT TO SUCH RULES AND REGULATIONS AS THE LIQUOR AUTHORITY MAY PRESCRIBE. For the purposes of this subdivision, "automated teller machine" means a device which is linked to the accounts and records of a banking institution and which enables consumers to carry out banking transactions, including but not limited to, account transfers, deposits, cash withdrawals, balance inquiries and loan payments. § 3. Paragraph (a) of subdivision 3 of section 101-b of the alcoholic beverage control law, as amended by section 1 of part E of chapter 56 of the laws of 2006, is amended to read as follows: (a) No brand of liquor or wine shall be sold to or purchased by a wholesaler, irrespective of the place of sale or delivery, unless a schedule, as provided by this section, is transmitted to and received by the liquor authority, and is then in effect. Such schedule shall be transmitted to the authority in such form, manner, medium and format as the authority may direct; shall be deemed duly verified by the person submitting such schedule upon its transmission to the authority; and shall contain, with respect to each item, the exact brand or trade name, capacity of package, nature of contents, age and proof where stated on the label, the number of bottles contained in each case, the bottle and case price to wholesalers, the net bottle and case price paid by the seller, which prices, in each instance, shall be individual for each item and not in "combination" with any other item, the discounts for quantity, if any, and the discounts for time of payment, if any. Such brand of liquor or wine shall not be sold to wholesalers except at the price and discounts then in effect unless prior written permission of the authority is granted for good cause shown and for reasons not incon- sistent with the purpose of this chapter. Such schedule shall be trans- mitted by (1) the owner of such brand, or (2) a wholesaler selling such brand and who is designated as agent for the purpose of filing such schedule if the owner of the brand is not licensed by the authority, or (3) with the approval of the authority, by a wholesaler, in the event that the owner of the brand is unable to transmit a schedule or desig- nate an agent for such purpose. As used in this subdivision the term "item" shall be deemed to include a sealed, pre-wrapped package consist- ing of a sealed container OR CONTAINERS of liquor, wine or wine product and other merchandise reasonably used in connection with the prepara- tion, storage, PROMOTION, GIFTING, CONSUMPTION or service of liquor, S. 6785 6 wine or wine products provided that such other merchandise shall not be potable or edible AND SUBJECT TO SUCH RULES AND REGULATIONS AS THE LIQUOR AUTHORITY MAY PRESCRIBE. § 4. This act shall take effect immediately. PART F Section 1. Subdivision 5 of section 63 of the alcoholic beverage control law is amended to read as follows: 5. Not more than [one license] TWO LICENSES shall be granted to any person under this section. § 2. This act shall take effect immediately. PART G Section 1. The opening paragraph of paragraph (a) of subdivision 1 of section 101 of the alcoholic beverage control law, as amended by chapter 318 of the laws of 2016, is amended to read as follows: Be interested directly or indirectly in any premises LICENSED UNDER THIS CHAPTER where any alcoholic beverage is sold at retail; or in any business LICENSED UNDER THIS CHAPTER devoted wholly or partially to the sale of any alcoholic beverage at retail by stock ownership, interlock- ing directors, mortgage or lien or any personal or real property, or by any other means. The provisions of this paragraph shall not apply to § 2. The opening paragraph of paragraph (a) of subdivision 13 of section 106 of the alcoholic beverage control law, as amended by chapter 453 of the laws of 2018, is amended to read as follows: No retail licensee for on-premises consumption shall be interested, directly or indirectly, in any premises LICENSED UNDER THIS CHAPTER where liquors, wines or beer are manufactured or sold at wholesale, by stock ownership, interlocking directors, mortgage or lien on any personal or real property or by any other means, except that liquors, wines or beer may be manufactured or sold wholesale by the person licensed as a manufacturer or wholesaler thereof: § 3. This act shall take effect immediately. PART H Section 1. Subdivision 6 of section 63 of the alcoholic beverage control law, as added by chapter 1024 of the laws of 1965, is amended to read as follows: 6. Determinations under this section with respect to APPROVING the issuance of a new license or under section one hundred eleven OF THIS CHAPTER with respect to the transfer to any other premises of a license issued hereunder, shall be made [in accordance with public convenience and advantage] UNLESS THERE IS GOOD CAUSE SHOWN FOR DISAPPROVAL BY THE LIQUOR AUTHORITY. § 2. This act shall take effect immediately. PART I Section 1. Subdivisions 3 and 4 of section 93 of the alcoholic bever- age control law, subdivision 3 as amended by section 12 of part Z of chapter 85 of the laws of 2002 and subdivision 4 as amended by chapter 297 of the laws of 2016, are amended to read as follows: S. 6785 7 3. The license fee for such permit shall be [twenty-six] TWENTY-FIVE dollars per year, or for any part thereof, and the permit shall be issued for the calendar year. 4. Notwithstanding the foregoing provisions of this section, any duly licensed manufacturer or wholesaler may apply to the liquor authority for an annual temporary solicitor's employment permit. Such permit shall authorize such manufacturer or wholesaler to employ one or more persons as a solicitor for a period of not exceeding six months provided that within sixty days after such employee has been employed as a solicitor such employee shall file his application for a solicitor's permit with the liquor authority. The license fee for such permit shall be [thirty- eight] THIRTY-FIVE dollars per year, or for any part thereof, and the permit shall be issued for the calendar year. Such permit and the exer- cise of the privileges hereby granted thereunder, shall be subject to such terms and conditions as may be prescribed by the liquor authority. § 2. Subdivision 2 of section 94 of the alcoholic beverage control law, as amended by section 14 of part Z of chapter 85 of the laws of 2002, is amended to read as follows: 2. Such permit shall be issued for the calendar year, and may cover one or more trucks and in cities having a population of one million or less to duly licensed taxicabs used to deliver only wine or liquor sold at retail and the fee therefor shall be at the rate of [fifty-one] FIFTY dollars per truck or such duly licensed taxicab per year. § 3. Section 97 of the alcoholic beverage control law, as amended by chapter 204 of the laws of 1963, the section heading as amended by chap- ter 363 of the laws of 1977, subdivisions 1 and 2 as amended by section 19 of part Z of chapter 85 of the laws of 2002, and subdivision 4 as added by chapter 120 of the laws of 2012, is amended to read as follows: § 97. Temporary beer and wine permit. 1. The liquor authority is here- by authorized to issue temporary permits effective for a period not to exceed twenty-four consecutive hours to authorize the sale of beer and wine manufactured in New York state at outdoor or indoor gatherings, functions, occasions or events, within the hours fixed by or pursuant to subdivision five of section one hundred six of this chapter, during which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages at retail for on-premises consump- tion in the community in which is located the premises in which such gathering, function, occasion or event is held. The fee for such permit shall be [twenty-six] TWENTY-FIVE dollars. Such permit and the exercise of the privilege granted thereby shall be subject to such rules of the liquor authority as it deems necessary. 2. The liquor authority is hereby authorized to issue an annual permit to brewers and beer wholesalers authorizing such licensees to sell beer for consumption at outdoor or indoor gatherings, functions, occasions or events, provided that such gatherings are not open to admission to the general public nor is admission thereto made contingent upon the payment of an admission fee, donation or contribution, and further provided that such beer is not resold at such gatherings. Every brewer or beer whole- saler to whom a permit shall be issued hereunder shall require every person to whom beer shall be sold for use at such gatherings to make, execute and file with such brewer or beer wholesaler, upon a form to be prescribed by the liquor authority, a statement, that the beer purchased by such person will not be sold or offered for sale by such person. Such statement shall be accepted for all purposes as the equivalent of an affidavit, and if false, shall subject the person making and executing the same to the same penalties as if he OR SHE had been duly sworn. Such S. 6785 8 permit shall be issued in the form prescribed by the liquor authority and shall run concurrently with the annual term of the brewer's license or of the wholesale beer license, and the fee for such permit shall be [sixty-four] SIXTY dollars. Such a permit and the exercise of the privi- leges granted thereunder shall be subject to such rules by the liquor authority as it deems necessary. The provisions hereof shall not apply to the sale of beer for consumption in the home. 4. The liquor authority is hereby authorized to issue a temporary permit effective for a period not to exceed twenty-four consecutive hours to any holder of a license to manufacture wine in this or any other state, to sell wine at outdoor or indoor gatherings, functions, occasions, or events, provided that such manufacturer produces not more than one hundred fifty thousand gallons of wine annually. The fee for such permit shall be [twenty-six] TWENTY-FIVE dollars. § 4. Paragraph (b) of subdivision 2 and subdivision 4 of section 97-a of the alcoholic beverage control law, as added by chapter 396 of the laws of 2010, are amended to read as follows: (b) the applicant shall have filed with the authority an application for a temporary retail permit, accompanied by a nonrefundable filing fee of one hundred [twenty-eight] TWENTY-FIVE dollars for all retail beer licenses or six hundred forty dollars for all other retail licenses; 4. A temporary retail permit issued by the authority pursuant to this section shall be for a period not to exceed ninety days. A temporary permit may be extended at the discretion of the authority, for an addi- tional thirty day period upon payment of an additional fee of [sixty- four] SIXTY dollars for all retail beer licenses and [ninety-six] NINE- TY-FIVE dollars for all other temporary permits and upon compliance with all conditions required in this section. The authority may, in its discretion, issue additional thirty day extensions upon payment of the appropriate fee. § 5. Subdivisions 2 and 3 of section 99-d of the alcoholic beverage control law, subdivision 2 as amended by chapter 560 of the laws of 2011 and subdivision 3 as amended by section 24 of part Z of chapter 85 of the laws of 2002, are amended to read as follows: 2. Before any change in the members of a limited liability company or the transfer or assignment of a membership interest in a limited liabil- ity company or any corporate change in stockholders, stockholdings, alcoholic beverage officers, officers or directors, except officers and directors of a premises licensed as a club or a luncheon club under this chapter can be effectuated for the purposes of this chapter, there shall be filed with the liquor authority an application for permission to make such change and there shall be paid to the liquor authority in advance upon filing of the application a fee of one hundred [twenty-eight] TWEN- TY-FIVE dollars. (a) The provisions of this section shall not be applicable where there are ten or more stockholders and such change involves less than ten per centum of the stock of the corporation and the stock holdings of any stockholder are not increased thereby to ten per centum or more of the stock. (b) Where the same corporation operates two or more premises separate- ly licensed under this chapter a separate corporate change shall be filed for each such licensed premises, except as otherwise provided for by rule of the liquor authority. The corporate change fee provided for herein shall not be applicable to more than one license held by the same corporation. S. 6785 9 (c) Notwithstanding any corporate change approved by the authority, a licensed corporation or limited liability company shall be bound by the representations set forth in the original application and any amendments thereto approved by the authority. 3. Before any removal of a license to any premises other than the licensed premises or to any other part of the building containing the licensed premises, the licensee shall make an application to the liquor authority for permission to effect such removal and shall pay to the liquor authority in advance upon filing of the application a fee of one hundred [ninety-two] NINETY dollars where the base license fee is five hundred dollars or more and [thirty-two] THIRTY dollars in all other instances. § 6. Paragraphs (a) and (b) of subdivision 4 of section 100 of the alcoholic beverage control law, as amended by chapter 423 of the laws of 2016, are amended to read as follows: (a) if the licensed premises is a legitimate theatre or concert hall, or contiguous to and used in conjunction with a legitimate theatre or concert hall, additional bars, counters or contrivances may be permitted by the liquor authority upon payment to it of an annual fee of one hundred dollars for each such additional bar, counter or contrivance so permitted[,] in addition to the annual license fee paid by such licen- see; (b) if such licensed premises be located at a baseball park, race track, or either outdoor or indoor athletic field, facility, arena or stadium, additional bars, counters or contrivances where beer shall be sold at retail for consumption on the premises may be permitted by the liquor authority, upon payment to it of the annual fee of thirty dollars for each such additional bar, counter or contrivance so permitted[,] in addition to the amount of the annual license fee paid by the licensee; and § 7. Section 56 of the alcoholic beverage control law, as amended by section 1 of part Z of chapter 85 of the laws of 2002, subdivision 1 as amended by chapter 108 of the laws of 2012, paragraph (a) of subdivision 1 as amended by chapter 431 of the laws of 2014, and subdivision 11 as added by chapter 422 of the laws of 2016, is amended to read as follows: § 56. License fees. 1. The annual fee for a license to manufacture beer shall be: (a) four thousand dollars for a brewer's license, unless the annual production of the brewer is less than seventy-five thousand barrels per year, in which case the annual fee shall be three hundred twenty dollars; (b) three hundred twenty dollars for a farm brewery license. 2. The annual fee for a wholesaler's beer license shall be eight hundred dollars. 3. The annual fee for a vendor's license shall be one hundred [forty- four] FORTY dollars. 4. The annual fee for a license to sell beer at retail not to be consumed on the premises where sold shall be one hundred ten dollars. Where, however, the applicant is the holder of two such licenses, the annual fee for each additional license thereafter issued to such licen- see shall be double the amount hereinabove set forth. 5. The annual fee for a license to sell beer at retail to be consumed on the premises where sold shall be three hundred twenty dollars in cities having a population of one hundred thousand or over, and one hundred sixty dollars elsewhere; provided, however, that where the prem- ises to be licensed remain open only within the period commencing April S. 6785 10 first and ending October thirty-first of any one year or only within the period commencing October first and ending the following April thirti- eth, the liquor authority, in its discretion, may grant a summer or winter license effective only for such appropriate period of time, for which an annual fee of one hundred sixty dollars shall be paid where the premises are located in cities having a population of one hundred thou- sand or over, and eighty dollars where such premises are located else- where. 6. The annual fee for selling beer upon any railroad car to be consumed on such car or any car connected therewith shall be [ninety- six] NINETY dollars for each railroad car licensed. 7. The annual fee for selling beer upon any vessel in this state, other than one regularly and exclusively engaged in the business of carrying passengers for hire, by charter or otherwise, for fishing purposes, to be consumed on such vessel, shall be one hundred sixty dollars for each vessel licensed. The annual fee for selling beer upon a vessel regularly and exclusively engaged in the business of carrying passengers for hire, by charter or otherwise, for fishing purposes, to be consumed on such vessel, shall be forty dollars for each vessel licensed. The annual fee for selling beer for off-premise consumption upon a vessel regularly and exclusively engaged, as a duly licensed supply ship, in furnishing supplies to other vessels, shall be eighty dollars. 8. The annual fee for selling beer at any baseball park, race track or outdoor athletic field or stadium, to be consumed in any such baseball park, race track, or outdoor athletic field or stadium, shall be one hundred [ninety-two] NINETY dollars. 9. The annual fee for a license to sell beer and wine products at retail not to be consumed on the premises where sold shall be one hundred [ninety-eight] NINETY-FIVE dollars. 10. The annual fee for a license to sell beer and wine products at retail not to be consumed on the premises where sold, when the applicant is the holder of two such licenses, the annual fee for each additional license thereafter issued to such licensee shall be three hundred [fifty-two] FIFTY dollars. 11. The annual fee for a license to operate a custom beermakers' center shall be three hundred twenty dollars. § 8. Subdivision 6 of section 64 of the alcoholic beverage control law, as amended by chapter 204 of the laws of 1963, is amended to read as follows: 6. Where an on-premise license shall be granted to the owner of a hotel situated in a town or village the liquor authority may in its discretion grant to such owner the right to sell liquor and wine for off-premise consumption under the same terms and conditions as apply to off-premise licenses upon the payment of an additional fee of [sixty- two] SIXTY dollars [and fifty cents]; provided, however, that this permission shall not be granted if an off-premise license has been granted for premises located within eight miles of such hotel. § 9. Section 66 of the alcoholic beverage control law, as amended by section 3 of part Z of chapter 85 of the laws of 2002, subdivision 1-a as added by chapter 580 of the laws of 2002, subdivision 2-c as added by chapter 564 of the laws of 2007, subdivision 3-a as added by chapter 297 of the laws of 2016, subdivision 4 as amended by chapter 703 of the laws of 2022, and subdivision 10 as added by chapter 331 of the laws of 2004, is amended to read as follows: S. 6785 11 § 66. License fees. 1. The annual fee for a distiller's license, class A, shall be twelve thousand dollars. 1-a. The annual fee for a distiller's license, class A-1, shall be two hundred fifty dollars. 2. The annual fee for a distiller's license, class B, shall be eight thousand dollars. 2-a. The annual fee for a distiller's license, class C, shall be one hundred [twenty-eight] TWENTY-FIVE dollars. 2-b. The annual fee for a distiller's license, class B-1, shall be three hundred twenty dollars. 2-c. The annual fee for A distiller's license, class D, shall be one hundred [twenty-eight] TWENTY-FIVE dollars. 3. The annual fee for a license to sell liquor at wholesale [shall be sixty-four hundred dollars]: (A) IF SUCH WHOLESALER HAS REVENUE OF AT LEAST TWENTY-FIVE MILLION DOLLARS WITHIN THE PREVIOUS YEAR IN NEW YORK STATE, SHALL BE ONE MILLION DOLLARS; AND (B) IF SUCH WHOLESALER HAS REVENUE UNDER TWENTY-FIVE MILLION DOLLARS WITHIN THE PREVIOUS YEAR IN NEW YORK STATE, SHALL BE EIGHT HUNDRED DOLLARS. 3-a. The annual fee for an importer's license shall be one hundred twenty-five dollars. 4. The annual fee for a license, under section sixty-four or sixty- four-a of this article, to sell liquor at retail to be consumed on the premises where sold shall be twenty-one hundred [seventy-six] SEVENTY dollars in the counties of New York, Kings, Bronx and Queens; fifteen hundred [thirty-six] THIRTY-FIVE dollars in the county of Richmond and in cities having a population of more than one hundred thousand and less than one million; twelve hundred [sixteen] TEN dollars in cities having a population of more than fifty thousand and less than one hundred thou- sand; and the sum of eight hundred [ninety-six] NINETY-FIVE dollars elsewhere; except that the license fees for catering establishments and off-premises catering establishments shall be two-thirds the license fee specified herein and for clubs, except luncheon clubs and golf clubs, shall be seven hundred fifty dollars in counties of New York, Kings, Bronx and Queens; five hundred dollars in the county of Richmond and in cities having a population of more than one hundred thousand and less than one million; three hundred fifty dollars in cities having a popu- lation of more than fifty thousand and less than one hundred thousand; and the sum of two hundred fifty dollars elsewhere. The annual fees for luncheon clubs shall be three hundred seventy-five dollars, and for golf clubs in the counties of New York, Kings, Bronx, Queens, Nassau, Rich- mond and Westchester, two hundred fifty dollars, and elsewhere one hundred [eighty-seven] EIGHTY-FIVE dollars [and fifty cents]. Notwith- standing any other provision of law to the contrary, there shall be no annual fee for a license, under section sixty-four, to sell liquor at retail to be consumed on the premises where the applicant is an organ- ization organized under section two hundred sixty of the military law and incorporated pursuant to the not-for-profit corporation law. Provided, however, that where any premises for which a license is issued pursuant to section sixty-four or sixty-four-a of this article remain open only within the period commencing April first and ending October thirty-first of any one year, or only within the period commencing Octo- ber first and ending the following April thirtieth, the liquor authority may, in its discretion, grant a summer or winter license effective only for such appropriate period of time, for which a license fee shall be S. 6785 12 paid to be pro-rated for the period for which such license is effective, at the rate provided for in the city, town or village in which such premises are located, except that no such license fee shall be less than one-half of the regular annual license fee; provided further that where the premises to be licensed are a race track or a golf course or are licensed pursuant to section sixty-four or sixty-four-a of this article, the period of such summer license may commence March first and end November thirtieth. Where a hotel, restaurant, club, golf course or race track is open prior to April first and/or subsequent to October thirty-first by reason of the issuance of a caterer's permit or permits issued by the authori- ty, such fact alone shall not affect the eligibility of the premises or the person owning or operating such hotel, restaurant, club, golf course or race track for a summer license. 5. The annual fee for a license to sell liquor at retail not to be consumed on the premises where sold shall be thirteen hundred [sixty- six] SIXTY dollars in the counties of New York, Kings, Bronx and Queens; eight hundred [fifty-four] FIFTY dollars in the county of Richmond and in cities having a population of more than one hundred thousand and less than one million; and elsewhere the sum of five hundred [twelve] TEN dollars. 6. The annual fee for a license to sell liquor upon any railroad car to be consumed on such car or any car connected therewith shall be one hundred [ninety-two] NINETY dollars for each railroad car licensed. 7. The annual fee for a license to sell liquor upon any vessel in this state to be consumed upon such vessel shall be sixteen hundred dollars for each vessel licensed, provided, however, that where a vessel is operated only within the period commencing April first and ending Octo- ber thirty-first of any one year, the liquor authority may, in its discretion, grant for such vessel a summer license effective only for such period of time, for which a license fee of four hundred [forty- eight] FORTY dollars shall be paid. 8. The annual fee for a license to sell liquor upon an aircraft being operated on regularly scheduled flights by a United States certificated airline in this state shall be nineteen THOUSAND TWO hundred [twenty] dollars per annum for an airline company operating up to and including twenty such aircraft and twenty-five THOUSAND SIX hundred [sixty] dollars for such an airline operating more than twenty such aircraft. 9. The annual fee for a license for a bottle club shall be the same as the annual fee for a special license to sell liquor at retail to be consumed on the premises, as set forth in subdivision four of this section. 10. Notwithstanding any provision to the contrary, the annual fee for a license for an establishment defined as an owner-occupied residence providing at least three but no more than five rooms for temporary tran- sient lodgers with sleeping accommodations and a meal in the forenoon of the day, known as a "bed and breakfast dwelling" as authorized by subdi- vision five-a of section sixty-four of this article, shall be two hundred dollars plus fifteen dollars per each available bedroom. § 10. Subdivision 1 of section 79-a of the alcoholic beverage control law, as amended by section 5 of part Z of chapter 85 of the laws of 2002, is amended to read as follows: 1. Any person licensed to sell beer at retail for consumption off the premises, pursuant to section fifty-four of this chapter, shall, by virtue of such license and upon payment to the liquor authority of an additional fee in the sum of one hundred sixty-five dollars in cities S. 6785 13 having a population of one hundred thousand or over and [eighty-three] EIGHTY dollars elsewhere, be granted authorization to sell from the licensed premises wine products in sealed containers for consumption off such premises. Upon receipt of such additional fee, the liquor authority shall promptly issue a permit authorizing such sales by the licensee. § 11. Subdivisions 1 and 1-a of section 79-b of the alcoholic beverage control law, as amended by section 6 of part Z of chapter 85 of the laws of 2002, are amended to read as follows: 1. Any person licensed to sell beer at retail for consumption on the premises, pursuant to section fifty-five of this chapter, shall, by virtue of such license and upon payment to the liquor authority of an additional fee in the sum of one hundred [ninety-two] NINETY dollars in cities having a population of one hundred thousand or over and [ninety- six] NINETY dollars elsewhere, be granted authorization to sell from the licensed premises wine products in sealed containers at retail for consumption on or off such premises. Upon receipt of such additional fee, the liquor authority shall promptly issue a permit authorizing such sales by the licensee. 1-a. Any person licensed to sell beer at retail for consumption on the premises, pursuant to section fifty-five-a of this chapter, shall, by virtue of such license and upon payment to the liquor authority of an additional fee in the sum of one hundred [ninety-two] NINETY dollars in cities having a population of one hundred thousand or over and [ninety- six] NINETY dollars elsewhere, be granted authorization to sell from the licensed premises wine products in sealed containers at retail for consumption on such premises. Upon receipt of such additional fee, the liquor authority shall promptly issue a permit authorizing such sales by the licensee. § 12. Section 83 of the alcoholic beverage control law, as amended by section 7 of part Z of chapter 85 of the laws of 2002, subdivision 1-a as amended by chapter 221 of the laws of 2011, subdivision 1-d as amended by chapter 613 of the laws of 2008, subdivision 8 as added by chapter 355 of the laws of 2013, and subdivision 9 as added by chapter 422 of the laws of 2016, is amended to read as follows: § 83. License fees. 1. The annual fee for a winery license shall be six hundred twenty-five dollars. 1-a. The annual fee for a farm winery license shall be one hundred twenty-five dollars, provided that the annual fee for a farm winery manufacturing no more than fifteen hundred finished gallons of wine annually shall be fifty dollars. 1-d. The fee for each license issued for a winery or farm winery licensee's authority to conduct wine tastings and the sale of New York state labelled wines for off-premises consumption pursuant to paragraph (c) of subdivision two of section seventy-six of this article shall be forty dollars. 2. The annual fee for a license to sell wine at wholesale [shall be eight hundred dollars]: (A) IF SUCH WHOLESALER HAS REVENUE OF AT LEAST TWENTY-FIVE MILLION DOLLARS WITHIN THE PREVIOUS YEAR IN NEW YORK STATE, SHALL BE ONE MILLION DOLLARS; AND (B) IF SUCH WHOLESALER HAS REVENUE OF UNDER TWENTY-FIVE MILLION DOLLARS WITHIN THE PREVIOUS YEAR IN NEW YORK STATE, SHALL BE EIGHT HUNDRED DOLLARS. 3. The annual fee for a license to sell wine at retail, not to be consumed on the premises, shall be six hundred forty dollars for each such place where such business is carried on in cities having a popu- S. 6785 14 lation of one million or more; in cities having less than one million population and more than one hundred thousand, three hundred twenty dollars; and elsewhere, the sum of one hundred forty-five dollars. 4. The annual fee for selling wine at retail, to be consumed on the premises where sold, shall be as follows: (a) In cities having a population of one hundred thousand or over the sum of four hundred eighty dollars per year; and (b) Elsewhere, the sum of two hundred forty dollars per year. 4-a. The annual fee for a license to sell wine at retail to be consumed on the premises where sold where the premises to be licensed remain open only within the period commencing April first and ending October thirty-first of any one year or only within the period commenc- ing October first and ending the following April thirtieth, the liquor authority, in its discretion, may grant a summer or winter license effective only for such appropriate period of time, for which an annual fee of one hundred [twelve] TEN dollars shall be paid. 5. The annual fee for a special license to sell wine at retail, to be consumed on the premises where sold, shall be as follows: (a) In cities having a population of one hundred thousand or over, the sum of five hundred [seventy-six] SEVENTY-FIVE dollars per year; and (b) Elsewhere, the sum of two hundred seventy dollars per year. 6. The annual fee for a special winery license shall be six hundred twenty-five dollars. 7. The annual fee for a special farm winery license shall be one hundred twenty-five dollars. 8. The annual fee for a roadside farm market license shall be one hundred dollars. 9. The annual fee for a license to operate a custom winemakers' center shall be three hundred twenty dollars. § 13. Section 122 of the alcoholic beverage control law, as amended by chapter 408 of the laws of 1997, is amended to read as follows: § 122. Continuance of business by receiver or other representative. If a corporation or copartnership holding any license or holding a permit for which an annual fee of one hundred dollars or more is prescribed by this chapter shall be dissolved, or if a receiver or assignee for the benefit of creditors be appointed therefor, or if a receiver, assignee for the benefit of creditors or a committee or conservator of the property of an individual holding any license or holding a permit for which an annual fee of one hundred dollars or more is prescribed by this chapter be appointed, during the time for which such license or permit was granted, or if a person, including a member of a copartnership, holding any license or holding a permit for which an annual fee of one hundred dollars or more is prescribed by this chapter shall die during the term for which such license or permit was given, such corporation, copartnership, receiver or assignee, or the adminis- trator or executor of the estate of such individual, or of such deceased member of a copartnership, or a committee of the property of a person adjudged to be incompetent, or a conservator of the property of an indi- vidual, or a petition under title eleven of the United States code shall have been filed and a trustee has been appointed or the holder of the license [of] OR permit has been permitted to remain in possession with- out the appointment of a trustee, may continue to carry on such business upon such premises for the balance of the term for which such license or permit was effective, with the same rights and subject to the same restrictions and liabilities as if he had been the original applicant for and the original holder, or one of either of them, of such license S. 6785 15 or permit, providing the approval of the liquor authority shall be first obtained. Before continuing such business, such receiver, assignee, individual, committee, or conservator, debtor in possession, or trustee in bankruptcy shall file a statement setting forth in such form and substance as the liquor authority may prescribe the facts and circum- stances by which he has succeeded to the rights of the original licensee or permittee. The liquor authority may, in its discretion, permit the continuance of such business or may refuse to do so. In the event that the authority determines to permit the continuance of the business, the license or permit shall be submitted to the authority and shall have affixed thereto a certificate in the form prescribed by the authority. For each such certificate, a fee shall be paid to the liquor authority of fifty dollars by the applicant, except in the case of an off-premise beer license, such fee shall be ten dollars which shall be paid into the same fund as other license fees herein provided for. § 14. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART J Section 1. The opening paragraph of subdivision 1 of section 110-b of the alcoholic beverage control law, as amended by chapter 222 of the laws of 2019, is amended to read as follows: Not [less than thirty nor] more than two hundred [and] seventy days before filing any of the following applications PROVIDED FOR IN THIS SUBDIVISION, an applicant shall notify the municipality in which the premises is located of such applicant's intent to file such an applica- tion. THE PROOF OF NOTIFICATION, PROVIDED FOR IN SUBDIVISIONS SIX AND SIX-A OF THIS SECTION, MUST BE PROVIDED AT THE TIME OF APPLICATION; FAILURE TO SO PROVIDE SHALL CONSTITUTE GOOD CAUSE FOR DENIAL. THE AUTHORITY MAY NOT ACT TO APPROVE ANY APPLICATION SUBJECT TO THIS SECTION PRIOR TO THE PASSAGE OF THIRTY DAYS FROM THE DATE NOTIFICATION WAS PROVIDED TO THE MUNICIPALITY. THIS SECTION SHALL APPLY TO AN APPLICATION: § 2. This act shall take effect immediately. PART K Section 1. The opening paragraph of subdivision 2 of section 99-d of the alcoholic beverage control law, as amended by chapter 560 of the laws of 2011, is amended to read as follows: Before any change in the members of a limited liability company or the transfer or assignment of a membership interest in a limited liability company or any corporate change in stockholders, stockholdings, alcohol- ic beverage officers, officers or directors, except officers and direc- tors of a premises licensed as a club or a luncheon club under this chapter can be effectuated for the purposes of this chapter, there shall be filed with the liquor authority an application for permission to make such change and there shall be paid to the liquor authority in advance upon filing of the application a fee of one hundred twenty-eight dollars. IF THE AUTHORITY DOES NOT ACT WITHIN NINETY DAYS OF RECEIPT OF SUCH APPLICATION, THE CHANGE SHALL BE DEEMED APPROVED. PROVIDED, HOWEV- ER, ANY CHANGE WHICH IS IN VIOLATION OF ANY PROVISION OF THIS CHAPTER, S. 6785 16 INCLUDING BUT NOT LIMITED TO THOSE IN SECTIONS ONE HUNDRED ONE, ONE HUNDRED TWENTY-SIX, AND ONE HUNDRED TWENTY-EIGHT OF THIS CHAPTER, MAY NOT BE APPROVED OR DEEMED APPROVED. § 2. This act shall take effect immediately. PART L Section 1. Subdivision 3 of section 97-a of the alcoholic beverage control law, as amended by chapter 106 of the laws of 2022, is amended to read as follows: 3. A temporary retail permit under paragraph (b) of subdivision one of this section may not be issued for any premises that is subject to the provisions of section sixty-three or seventy-nine of this chapter; a temporary retail permit under paragraph (b) of subdivision one of this section shall not be issued for a premises subject to the provisions of paragraph (b) of subdivision seven of section sixty-four, subparagraph (ii) of paragraph (a) of subdivision seven of section sixty-four-a, subparagraph (ii) of paragraph (a) of subdivision eleven of section sixty-four-c, or paragraph (b) of subdivision eight of section sixty- four-d OF THIS CHAPTER, unless and until a recommendation that there be a finding of public interest has been made by an administrative law judge pursuant to paragraph (f) of subdivision seven of section sixty- four, paragraph (d) of subdivision seven of section sixty-four-a, para- graph (c) of subdivision five of section sixty-four-b, paragraph (c) of subdivision eleven of section sixty-four-c, or paragraph (e) of subdivi- sion eight of section sixty-four-d of this chapter. Provided however, any premises granted a temporary retail permit pursuant to this subdivi- sion in a city with a population of one million or more people shall only be allowed to operate on the premises under the following condi- tions: [an active] NO retail license [shall have existed] at the APPLIED FOR location [within the past two years, and such license] shall [not] have been canceled, suspended, or revoked by the authority within the past two years; the closing time any day of the week shall be no later than midnight; provided however that the closing time of any outdoor space shall be no later than ten o'clock post-meridian Sunday through Thursday and eleven o'clock post-meridian Friday and Saturday; no outdoor music; indoors shall have recorded background music only, with no live music, DJ's, karaoke, or similar forms of music; and no dancing. The authority shall automatically lift such restrictions if the authori- ty issues a retail license for the premises, and replace such restrictions with other restrictions, if any, imposed by the authority in accordance with the public interest standard. § 2. Subdivision 4 of section 97-a of the alcoholic beverage control law, as added by chapter 396 of the laws of 2010, is amended to read as follows: 4. A temporary retail permit issued by the authority pursuant to this section shall be for a period not to exceed ninety days. A temporary permit may be extended at the discretion of the authority, for an addi- tional [thirty] NINETY day period upon payment of an additional fee of sixty-four dollars for all retail beer licenses and ninety-six dollars for all other temporary permits and upon compliance with all conditions required in this section. The authority may, in its discretion, issue additional [thirty] NINETY day extensions upon payment of the appropri- ate fee. S. 6785 17 § 3. Subdivision 6 of section 97-a of the alcoholic beverage control law, as added by chapter 396 of the laws of 2010, is amended to read as follows: 6. The holder of a temporary retail permit shall [purchase alcoholic beverages only by payment in currency or check for such alcoholic bever- ages on or before the day such alcoholic beverages are delivered, provided, however, that the holder of a temporary permit issued pursuant to this section who also holds one or more retail licenses and is oper- ating under such retail license or licenses in addition to the temporary retail permit, and who is not delinquent under the provisions of section one hundred one-aa of this chapter as to any retail license under which he operates, may purchase alcoholic beverages on credit under the tempo- rary permit] BE SUBJECT TO SECTIONS ONE HUNDRED ONE-AA AND ONE HUNDRED ONE-AAA OF THIS CHAPTER. § 4. Section 5 of chapter 396 of the laws of 2010 amending the alco- holic beverage control law relating to liquidator's permits and tempo- rary retail permits, as amended by section 1 of part O of chapter 55 of the laws of 2023, is amended to read as follows: § 5. This act shall take effect on the sixtieth day after it shall have become a law[, provided that paragraph (b) of subdivision 1 of section 97-a of the alcoholic beverage control law as added by section two of this act shall expire and be deemed repealed October 12, 2024]. § 5. This act shall take effect immediately; provided, however, that section two of this act shall take effect on the ninetieth day after it shall have become a law. PART M Section 1. The alcoholic beverage control law is amended by adding a new section 97-d to read as follows: § 97-D. TEMPORARY WHOLESALE PERMIT. 1. ANY PERSON MAY APPLY TO THE LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC BEVER- AGE WHOLESALE BUSINESS AS MAY BE LICENSED UNDER THIS CHAPTER. SUCH APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN INFORMA- TION AS THE LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE DOLLARS FOR SUCH PERMIT. 2. UPON APPLICATION, THE LIQUOR AUTHORITY MAY ISSUE SUCH TEMPORARY PERMIT WHEN: (A) THE APPLICANT HAS A WHOLESALE LICENSE APPLICATION AT THE SAME PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED FILING AND LICENSE FEES; (B) THE APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF ALL PERMITS, LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI- NESS; AND (C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES THAT MAY NOT UNDER LAW OPERATE CONCURRENTLY HAS BEEN SURRENDERED OR PLACED IN SAFEKEEPING, OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY. 3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT: (A) ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE OPERATION OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER; (B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN THE WHOLESALE LICENSE BEING APPLIED FOR; AND (C) THE APPLICANT HAS SUBSTANTIALLY COMPLIED WITH THE REQUIREMENTS NECESSARY TO OBTAIN SUCH LICENSE. S. 6785 18 4. THE APPLICATION FOR A PERMIT SHALL BE APPROVED OR DENIED BY THE LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI- CATION. 5. A TEMPORARY PERMIT SHALL AUTHORIZE THE PERMITTEE TO OPERATE A WHOLESALE FACILITY FOR THE SALE OF ALCOHOLIC BEVERAGES ACCORDING TO THE LAWS APPLICABLE TO THE TYPE OF WHOLESALE LICENSE BEING APPLIED FOR. 6. SUCH TEMPORARY PERMIT SHALL REMAIN IN EFFECT UNTIL THE WHOLESALE LICENSE BEING APPLIED FOR IS APPROVED AND THE LICENSE GRANTED OR A DETERMINATION IS MADE TO REJECT THE APPLICATION FOR THE LICENSE. 7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE LIQUOR AUTHORITY DETERMINES THAT GOOD CAUSE FOR CANCELLATION OR SUSPENSION EXISTS. THE LIQUOR AUTHORITY SHALL PROMPTLY NOTIFY THE PERMITTEE IN WRITING OF SUCH CANCELLATION OR SUSPENSION AND SHALL SET FORTH THE REASONS FOR SUCH ACTION. 8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER- WISE SHOWN. A DECISION ON AN APPLICATION SHALL BE BASED ON SUBSTANTIAL EVIDENCE IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE IN FAVOR OF THE APPLICANT. § 2. This act shall take effect on the ninetieth day after it shall have become a law. PART N Section 1. Paragraph (a) of subdivision 7 of section 64 of the alco- holic beverage control law, as amended by chapter 463 of the laws of 2009, is amended to read as follows: (a) on the same street or avenue and within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship; PROVIDED, HOWEVER, THAT SUCH RESTRICTION SHALL ONLY APPLY TO IF THE SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP HAS OCCUPIED ITS CURRENT LOCATION, IN WHOLE OR IN PART, FOR AT LEAST FIVE YEARS PRIOR TO THE DATE OF APPLICATION FOR A LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES, or § 2. This act shall take effect immediately. PART O Section 1. Paragraphs b and f of subdivision 7 of section 64 of the alcoholic beverage control law are REPEALED. § 2. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through O of this act shall be as specifically set forth in the last section of such Parts.
co-Sponsors
(D, WF) 31st Senate District
2023-S6785A - Details
- See Assembly Version of this Bill:
- A9244
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Rpld §105 sub 2, amd ABC L, generally; amd §4, Chap 118 of 2012; amd §5, Chap 396 of 2010
2023-S6785A - Summary
Relates to the effectiveness of provisions of law relating to the powers of the chairman and members of the state liquor authority (Part A); provides for certain temporary permits (Part B); authorizes special permits to remain open during certain hours of the morning (Part C); permits certain retail licensees to purchase wine and liquor from certain other retail licensees (Part D)
2023-S6785A - Sponsor Memo
BILL NUMBER: S6785A SPONSOR: SKOUFIS TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to the hours during which liquor and/or wine stores may be open on Sunday (Part A); to amend the alcoholic beverage control law, in relation to permitting the sale of beer at retail on Sundays; and to repeal certain provisions of such law relating thereto (Part B); to amend the alcoholic beverage control law, in relation to authorizing special permits to remain open during certain hours of the morning (Part C); to amend the alcoholic beverage control law, in relation to permitting certain retail licensees to purchase wine and liquor from certain other retail licensees (Part D); to amend the alcoholic beverage control law, in relation to permissible sales by license holders (Part E); to amend the alcoholic beverage control law, in relation to allowing multi- ple off-premises licenses (Part F); to amend the alcoholic beverage control law, in relation to licensing restrictions for manufacturers and wholesalers of alcoholic beverages and retail licensees (Part G); to amend the alcoholic beverage control law, in relation to the approval of seven day licenses to sell liquor at retail for consumption off the premises (Part H); to amend the alcoholic beverage control law, in relation to adjusting licensing fees regarding certain alcoholic bever-
ages (Part I); to amend the alcoholic beverage control law, in relation to notifying municipalities of the filing of certain applications (Part J); to amend the alcoholic beverage control law, in relation to chang- es of ownership of a licensed business (Part K); to amend the alcoholic beverage control law, in relation to the issuance of temporary retail permits; and to amend chapter 396 of the laws of 2010 amend- ing the alcoholic beverage control law relating to liquidator's permits and temporary retail permits, in relation to the effectiveness thereof (Part L); to amend the alcoholic beverage control law, in relation to the issuance of temporary wholesale permits (Part M); to amend the alcoholic beverage control law, in relation to licenses issued for on premises consumption within two hundred feet of a building occu- pied as a school, church, synagogue or other place of worship (Part N); and to repeal paragraphs b and f of subdivision 7 of section 64 of the alcoholic beverage control law relating to restricting licenses for premises located within five hundred feet of other licensed premises (Part O) PURPOSE: To modernize and simplify the state's alcohol laws in accordance with recommendations made by the Commission to Study Reform of the Alcoholic Beverage Control Law. SUMMARY OF PROVISIONS: Part A - Expands the hours during which liquor and wine stores may be open on Sunday to 10AM to 10PM. This Part incorporates S2854 of 2023 (Skoufis), amending section 105 of the ABC Law to change the time liquor and wine stores may open on Sundays from noon to 10AM and the time they may close from 9PM to 10PM. Part B - Permits beer to be sold for off-premise consumption between the hours of 3AM and 8AM on Sundays. This Part incorporates S5731 of 2023 (Skoufis), repealing section 105-a, amending section 34, amending section 54b, amending section 59-a, repealing subdivision 6 of section 117-a, and amending section 130 of the ABC Law. Part C - Allows restaurants and bars to apply for a special permit to stay open on January 1 between 4AM and 8AM. This Part incorporates S4742A of 2023 (Cooney), amending section 99 of the ABC Law. Part D - Allows on-premises retail licensees like bars and restaurants to buy and resell up to 12 bottles of wine and liquor per week from off-premises retailers. This Part incorporates S2853 of 2023 (Skoufis), amending sections 105 and 106 of the ABC Law. Part E - Expands off-premises retail sales to include promotional items, as well as any other items reasonably related to the storage, prepara- tion, service, or consumption of alcoholic beverages. Allows wholesalers to transport and sell such products. This Part incorporates and expands upon S3568 (Skoufis) and S3567 (Skoufis) of 2023, amending sections 63, 104, and 101-b of the ABC Law. Part F - Allows a holder of an off-premises retail license to be granted one additional license to sell liquor/wine at retail for off-premises consumption. Amends section 63 of the ABC Law to allow any person to hold up to two such licenses. Part G - Limits the application of New York's tied-house provisions to New York licensees. This Part incorporates S163 of 2023 (Hoylman-Sigal), amending sections 101 and 106 of the ABC Law to limit the application of the New York's tied-house provisions to retailers, wholesalers, and manufacturers licensed by the New York State Liquor Authority. Part H - Changes the "public convenience and advantage" standard with respect to issuing new retail licenses to sell liquor/wine for off-prem- ises consumption to a new "good cause for disapproval" standard. Amends section 63 of the ABC Law. Part I - Adjusts various fees for licensure for NYS manufacturers, wholesalers, and retailers. This Part incorporates S9033 of 2022 (Skouf- is), amending multiple sections of the ABC Law to increase or decrease such fees. Part J - Expedites the SLA municipal notification process to allow license applicants to notify a municipality that they are applying for an SLA license up to the same day they submit their application with the SLA and prohibits the SLA from acting to approve an application within the first 30 days after it has been submitted. Currently, applicants for an SLA license must notify a municipality of their intent to apply no earlier than 270 days before and no later than 30 days before. This change would allow for notification no earlier than 270 days prior and removes the 30-day minimum prior language, and requires proof of notifi- cation to the municipality to be submitted with the license application. This Part incorporates the Executive's proposed FY 24 State Budget language found within PPGG Part N, amending section 110-b of the ABC Law. Part K - Expedites SLA review of corporate changes to deem any changes in corporate structure for LLCs or clubs automatically approved if the SLA has not acted on them in 90 days, unless the changes would violate tied-house restrictions or restrictions on certain individuals having an interest in an SLA license or taking part in an SLA licensed business. LLCs and clubs with SLA licenses must apply for permission to the SLA to make changes in their corporate structure or administrative staff. This Part incorporates the Executive's proposed FY 24 State Budget language found within PPGG Part M, amending section 99-d of the ABC Law. Part L - Allows for the issuance of temporary retail permits, permanent- ly extending the SLA's authority to issue temporary retail permits, allow businesses to apply for a permit for locations that have not had an active licensed retailer in the prior two years, give permit holders the ability to purchase alcohol for sale on credit, and allow permits to be extended for 90 days. This proposal removes the need for there to have been an active retailers within the previous two years and main- tains the ban on issuing a permit if a location had a license previously suspended, canceled, or revoked in the two years prior. This proposal lengthens the 30-day extension period to 90 days with the payment of a fee. This Part incorporates the Executive's proposed FY 24 State Budget language found within PPGG Part O, amending section 97-a of the ABC Law. Part M - Allows for the issuance of temporary wholesaler permits, grant- ing the SLA the authority to issue such permits to those applicants whose applications are under review by the SLA in order to allow them to start doing business faster. Such permit may be granted once an appli- cant shows the have a pending application for the same location and have paid all necessary fees, that they would be likely to receive the license, and they have obtained all necessary permits and licenses to operate a business at the location. Provides that any current SLA license at the location that is prohibited from operating concurrently with a wholesale business must have been surrendered, placed in safe- keeping, or has been deemed abandoned by the SLA. Application fee would be $125 and the SLA would have to process an application in 45 days. The permit would remain in effect until the application is approved or rejected. This Part incorporates the Senate's FY 24 1-House State Budget language found within S4005B Part L, adding a new section 97-d of the ABC Law. Part N - Modifies the 200' rule that prevents the issuance of a retail license for on-premises consumption when the premises is on the same street and within 200' of a school or place of worship. This proposal would eliminate from consideration any places of worship that have occu- pied its current location for less than five years prior to the date an application for an on-premises retail license is made, amending section 64 of the ABC Law. Part O - Repeals the 500' rule that prevents the issuance of a retail license for on-premises consumption when the premises is within 500' of three or more licensed and existing premises, amending section 64 of the ABC Law. JUSTIFICATION: New York's nearly 100-year-old alcohol laws are amongst the strictest and most antiquated in the country. Therefore, the 21-member Commission to Study Reform of the Alcoholic Beverage Control Law was established through the FY 2023 State Budget in order to make recommendations lead- ing to modernization and simplification of these laws. The Commission addressed issues including but not limited to the alcohol industry's state economic impact, changes in laws and resources to speed up license application processing, and general reform proposals as voted on by stakeholders. Representatives from across the industry included alcohol producers, wholesalers, and on- and off-premises retailers, as well as policymakers and regulators. This legislation embodies the recommenda- tions of the Commission issued as part of its May 2023 final report and represents much-needed changes for a major and multi-pronged industry in New York to survive and thrive in the 21st Century. LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: TBD EFFECTIVE DATE: This act shall take effect immediately provided, however, that the applicable effective date of Parts A through O of this act shall be as specifically set forth in the last section of such Parts.
2023-S6785A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6785--A 2023-2024 Regular Sessions I N S E N A T E May 9, 2023 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the alcoholic beverage control law, in relation to the hours during which liquor and/or wine stores may be open on Sunday (Part A); to amend the alcoholic beverage control law, in relation to permitting the sale of beer at retail on Sundays; and to repeal certain provisions of such law relating thereto (Part B); to amend the alcoholic beverage control law, in relation to author- izing special permits to remain open during certain hours of the morn- ing (Part C); to amend the alcoholic beverage control law, in relation to permitting certain retail licensees to purchase wine and liquor from certain other retail licensees (Part D); to amend the alcoholic beverage control law, in relation to permissible sales by license holders (Part E); to amend the alcoholic beverage control law, in relation to allowing multiple off-premises licenses (Part F); to amend the alcoholic beverage control law, in relation to licensing restrictions for manufacturers and wholesalers of alcoholic beverages and retail licensees (Part G); to amend the alcoholic beverage control law, in relation to the approval of seven day licenses to sell liquor at retail for consumption off the premises (Part H); to amend the alcoholic beverage control law, in relation to adjusting licensing fees regarding certain alcoholic beverages (Part I); to amend the alcoholic beverage control law, in relation to notifying munici- palities of the filing of certain applications (Part J); to amend the alcoholic beverage control law, in relation to changes of ownership of a licensed business (Part K); to amend the alcoholic beverage control law, in relation to the issuance of temporary retail permits; and to amend chapter 396 of the laws of 2010 amending the alcoholic beverage control law relating to liquidator's permits and temporary retail permits, in relation to the effectiveness thereof (Part L); to amend the alcoholic beverage control law, in relation to the issuance of temporary wholesale permits (Part M); to amend the alcoholic bever- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD11092-03-3 S. 6785--A 2 age control law, in relation to licenses issued for on premises consumption within two hundred feet of a building occupied as a school, church, synagogue or other place of worship (Part N); and to repeal paragraphs b and f of subdivision 7 of section 64 of the alco- holic beverage control law relating to restricting licenses for prem- ises located within five hundred feet of other licensed premises (Part O) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation necessary to implement certain provisions regarding licensing and sales under the alcoholic beverage control law. Each component is wholly contained within a Part identified as Parts A through O. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Subparagraph (i) of paragraph (a) of subdivision 14 of section 105 of the alcoholic beverage control law, as amended by section 1 of part EE of chapter 55 of the laws of 2022, is amended to read as follows: (i) On Sunday before [twelve] TEN o'clock [post meridian] ANTE MERIDI- AN and after [nine] TEN o'clock post meridian. § 2. This act shall take effect immediately. PART B Section 1. Section 105-a of the alcoholic beverage control law is REPEALED. § 2. Subdivision 4 of section 34 of the alcoholic beverage control law, as added by chapter 522 of the laws of 2018, is amended to read as follows: 4. No tasting shall be held during the hours prohibited by the provisions of [sections] SECTION one hundred five [and one hundred five-a] of this chapter. § 3. Subdivision (d) of section 54-b of the alcoholic beverage control law, as added by chapter 232 of the laws of 2015, is amended to read as follows: (d) No tasting shall be held during the hours prohibited by the provisions of [sections] SECTION one hundred five [and one hundred five-a] of this chapter. § 4. Subdivision (d) of section 59-a of the alcoholic beverage control law, as added by chapter 232 of the laws of 2015, is amended to read as follows: (d) No tasting shall be held during the hours prohibited by the provisions of section one hundred five [and one hundred five-a] of this chapter. S. 6785--A 3 § 5. Subdivision 6 of section 117-a of the alcoholic beverage control law is REPEALED. § 6. Subdivision 4 of section 130 of the alcoholic beverage control law, as amended by chapter 186 of the laws of 1949, is amended to read as follows: 4. In the city of New York, a summons shall be issued for a violation of the provisions of subdivision fourteen of section one hundred [and] five[, section one hundred and five-a] and subdivision five of section one hundred [and] six of this chapter in the same manner as provided by subdivision h of section one hundred [and] sixteen of the New York city criminal courts act. § 7. This act shall take effect immediately. PART C Section 1. Subdivision 1 of section 99 of the alcoholic beverage control law, as amended by section 22 of part Z of chapter 85 of the laws of 2002, is amended to read as follows: 1. Any person licensed to sell alcoholic beverages for consumption on the premises pursuant to this chapter may apply to the liquor authority for a special permit [to remain open on any week day between the hours of four o'clock a.m. or the closing hour prescribed by a rule adopted in a county on or before April first, nineteen hundred ninety-five or pursuant to subdivision eleven of section seventeen of this chapter, and eight o'clock a.m]. A PERMIT ISSUED UNDER THIS SECTION SHALL AUTHORIZE THE HOLDER OF A RETAIL ON-PREMISES LICENSE TO SELL OR SERVE ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES ON THE MORNING OF JANUARY FIRST BETWEEN FOUR O'CLOCK A.M. OR SUCH OTHER HOUR THAT THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION MUST CEASE IN THE COMMU- NITY IN WHICH THE LICENSED PREMISES IS LOCATED, AND EIGHT O'CLOCK A.M. The fee for such permit shall be fifty-one dollars per day. § 2. This act shall take effect on the sixtieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART D Section 1. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 2-b to read as follows: 2-B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL BE AUTHORIZED TO PURCHASE UP TO TWELVE BOTTLES OF WINE AND LIQUOR PER WEEK FROM AN OFF- PREMISES RETAIL LICENSEE, AND MAY RESELL ANY WINE AND LIQUOR SO PURCHASED FOR CONSUMPTION ON THE PREMISES LICENSED THEREFOR. § 2. Section 105 of the alcoholic beverage control law is amended by adding a new subdivision 24 to read as follows: 24. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, A RETAIL LICENSEE TO SELL LIQUOR AND/OR WINE FOR CONSUMPTION OFF THE PREM- ISES SHALL BE AUTHORIZED TO SELL UP TO TWELVE BOTTLES OF WINE AND LIQUOR PER WEEK TO A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION. § 3. This act shall take effect immediately. PART E S. 6785--A 4 Section 1. Subdivision 4 of section 63 of the alcoholic beverage control law, as amended by section 3 of part H of chapter 58 of the laws of 2019, is amended to read as follows: 4. No licensee under this section shall be engaged in any other busi- ness on the licensed premises. The sale of lottery tickets, when duly authorized and lawfully conducted, the sale of reusable bags as defined in section 27-2801 of the environmental conservation law, the sale of corkscrews or the sale of ice or the sale of publications, including prerecorded video and/or audio cassette tapes, or educational seminars, designed to help educate consumers in their knowledge and appreciation of alcoholic beverages, as defined in section three of this chapter and allowed pursuant to their license, or the sale of non-carbonated, non- flavored mineral waters, spring waters and drinking waters or the sale of glasses designed for the consumption of wine OR LIQUOR, racks designed for the storage of wine OR LIQUOR, and devices designed to minimize oxidation in bottles of wine OR LIQUOR which have been uncorked, or the sale of gift bags, gift boxes, ASSOCIATED PROMOTIONAL ITEMS, or wrapping[,] for alcoholic beverages purchased at the licensed premises, OR THE SALE OF ANY OTHER ITEMS REASONABLY USED IN CONNECTION WITH THE STORAGE, PREPARATION, SERVICE, OR CONSUMPTION OF LIQUOR, WINE, OR WINE PRODUCTS SUBJECT TO SUCH RULES AND REGULATIONS AS THE LIQUOR AUTHORITY MAY PRESCRIBE shall not constitute engaging in another busi- ness within the meaning of this subdivision. Any fee obtained from the sale of an educational seminar shall not be considered as a fee for any tasting that may be offered during an educational seminar, provided that such tastings are available to persons who have not paid to attend the seminar and all tastings are conducted in accordance with section sixty-three-a of this article. § 2. Paragraph (a) of subdivision 1 of section 104 of the alcoholic beverage control law, as amended by chapter 2 of the laws of 2013, is amended to read as follows: (a) No wholesaler shall be engaged in any other business on the prem- ises to be licensed; except that nothing contained in this chapter shall: (1) prohibit a beer wholesaler from (i) acquiring, storing or selling non-alcoholic snack foods, as defined in paragraph (b) of this subdivision, (ii) manufacturing, bottling, storing, or selling non-alco- holic carbonated beverages, (iii) manufacturing, storing or selling non-alcoholic non-carbonated soft drinks, mineral waters, spring waters, drinking water, non-taxable malt or cereal beverages, juice drinks, fruit or vegetable juices, ice, liquid beverage mixes and dry or frozen beverage mixes, (iv) acquiring, storing or selling wine products, (v) the sale of promotional items on such premises, or (vi) the sale of tobacco products at retail by wholesalers who are licensed to sell beer and other products at retail; (2) prohibit a wholesaler authorized to sell wine from manufacturing, acquiring or selling wine merchandise, as defined in paragraph (d) of this subdivision; (3) prohibit a licensed winery or licensed farm winery from engaging in the business of a wine wholesaler for New York state labeled wines produced by any licensed winery or licensed farm winery or prohibit such wine wholesaler from exercising any of its rights pursuant to sections seventy-six and seven- ty-six-a of this chapter provided that the operation of such beer and wine wholesalers business shall be subject to such rules and regulations as the liquor authority may prescribe; (4) prohibit a beer wholesaler who is authorized to sell beer at retail from selling at retail: (i) candy, chewing gum and cough drops; (ii) non-refrigerated salsa; (iii) cigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue S. 6785--A 5 and picnic-related products and supplies, which shall include, but not be limited to, charcoal, grills, propane gas, plastic and paper cups, paper or plastic tablecloths and coolers; (v) beer making and brewing supplies and publications, which shall include, but not be limited to, books, magazines, equipment and ingredients; (vi) steins, mugs and other glassware appropriate for the consumption of beer, malt beverages and wine products; (vii) items typically used to serve beer and malt bever- ages including, but not limited to, taps, kegerators, koozies and beer socks; (viii) lemons, limes and oranges, provided that no more than two dozen of each shall be displayed at any one time; (ix) rock salt, ice and snow melting compounds, snow shovels; windshield washer solvent; firewood; beach umbrellas; sunglasses and sun block; and (x) prepaid telephone cards; [or] (5) prohibit the installation and operation of a single automated teller machine in the premises of a beer wholesaler who is authorized to sell beer at retail; (6) PROHIBIT A LIQUOR WHOLESALER FROM TRANSPORTING OR SELLING GIFTS OR PROMOTIONAL ITEMS ASSOCIATED WITH LIQUOR OR WINE; OR (7) PROHIBIT A LIQUOR WHOLESALER FROM TRANSPORTING OR SELLING ANY OTHER ITEMS REASONABLY USED IN CONNECTION WITH THE STORAGE, PREPARATION, SERVICE, OR CONSUMPTION OF LIQUOR, WINE, OR WINE PRODUCTS SUBJECT TO SUCH RULES AND REGULATIONS AS THE LIQUOR AUTHORITY MAY PRESCRIBE. For the purposes of this subdivision, "automated teller machine" means a device which is linked to the accounts and records of a banking institution and which enables consumers to carry out banking transactions, including but not limited to, account transfers, deposits, cash withdrawals, balance inquiries and loan payments. § 3. Paragraph (a) of subdivision 3 of section 101-b of the alcoholic beverage control law, as amended by section 1 of part E of chapter 56 of the laws of 2006, is amended to read as follows: (a) No brand of liquor or wine shall be sold to or purchased by a wholesaler, irrespective of the place of sale or delivery, unless a schedule, as provided by this section, is transmitted to and received by the liquor authority, and is then in effect. Such schedule shall be transmitted to the authority in such form, manner, medium and format as the authority may direct; shall be deemed duly verified by the person submitting such schedule upon its transmission to the authority; and shall contain, with respect to each item, the exact brand or trade name, capacity of package, nature of contents, age and proof where stated on the label, the number of bottles contained in each case, the bottle and case price to wholesalers, the net bottle and case price paid by the seller, which prices, in each instance, shall be individual for each item and not in "combination" with any other item, the discounts for quantity, if any, and the discounts for time of payment, if any. Such brand of liquor or wine shall not be sold to wholesalers except at the price and discounts then in effect unless prior written permission of the authority is granted for good cause shown and for reasons not incon- sistent with the purpose of this chapter. Such schedule shall be trans- mitted by (1) the owner of such brand, or (2) a wholesaler selling such brand and who is designated as agent for the purpose of filing such schedule if the owner of the brand is not licensed by the authority, or (3) with the approval of the authority, by a wholesaler, in the event that the owner of the brand is unable to transmit a schedule or desig- nate an agent for such purpose. As used in this subdivision the term "item" shall be deemed to include a sealed, pre-wrapped package consist- ing of a sealed container OR CONTAINERS of liquor, wine or wine product and other merchandise reasonably used in connection with the prepara- tion, storage, PROMOTION, GIFTING, CONSUMPTION or service of liquor, S. 6785--A 6 wine or wine products provided that such other merchandise shall not be potable or edible AND SUBJECT TO SUCH RULES AND REGULATIONS AS THE LIQUOR AUTHORITY MAY PRESCRIBE. § 4. This act shall take effect immediately. PART F Section 1. Subdivision 5 of section 63 of the alcoholic beverage control law is amended to read as follows: 5. Not more than [one license] TWO LICENSES shall be granted to any person under this section. § 2. This act shall take effect immediately. PART G Section 1. The opening paragraph of paragraph (a) of subdivision 1 of section 101 of the alcoholic beverage control law, as amended by chapter 318 of the laws of 2016, is amended to read as follows: Be interested directly or indirectly in any premises LICENSED UNDER THIS CHAPTER where any alcoholic beverage is sold at retail; or in any business LICENSED UNDER THIS CHAPTER devoted wholly or partially to the sale of any alcoholic beverage at retail by stock ownership, interlock- ing directors, mortgage or lien or any personal or real property, or by any other means. The provisions of this paragraph shall not apply to § 2. The opening paragraph of paragraph (a) of subdivision 13 of section 106 of the alcoholic beverage control law, as amended by chapter 453 of the laws of 2018, is amended to read as follows: No retail licensee for on-premises consumption shall be interested, directly or indirectly, in any premises LICENSED UNDER THIS CHAPTER where liquors, wines or beer are manufactured or sold at wholesale, by stock ownership, interlocking directors, mortgage or lien on any personal or real property or by any other means, except that liquors, wines or beer may be manufactured or sold wholesale by the person licensed as a manufacturer or wholesaler thereof: § 3. This act shall take effect immediately. PART H Section 1. Subdivision 6 of section 63 of the alcoholic beverage control law, as added by chapter 1024 of the laws of 1965, is amended to read as follows: 6. Determinations under this section with respect to APPROVING the issuance of a new license or under section one hundred eleven OF THIS CHAPTER with respect to the transfer to any other premises of a license issued hereunder, shall be made [in accordance with public convenience and advantage] UNLESS THERE IS GOOD CAUSE SHOWN FOR DISAPPROVAL BY THE LIQUOR AUTHORITY. § 2. This act shall take effect immediately. PART I Section 1. Subdivisions 3 and 4 of section 93 of the alcoholic bever- age control law, subdivision 3 as amended by section 12 of part Z of chapter 85 of the laws of 2002 and subdivision 4 as amended by chapter 297 of the laws of 2016, are amended to read as follows: S. 6785--A 7 3. The license fee for such permit shall be [twenty-six] TWENTY-FIVE dollars per year, or for any part thereof, and the permit shall be issued for the calendar year. 4. Notwithstanding the foregoing provisions of this section, any duly licensed manufacturer or wholesaler may apply to the liquor authority for an annual temporary solicitor's employment permit. Such permit shall authorize such manufacturer or wholesaler to employ one or more persons as a solicitor for a period of not exceeding six months provided that within sixty days after such employee has been employed as a solicitor such employee shall file his application for a solicitor's permit with the liquor authority. The license fee for such permit shall be [thirty- eight] THIRTY-FIVE dollars per year, or for any part thereof, and the permit shall be issued for the calendar year. Such permit and the exer- cise of the privileges hereby granted thereunder, shall be subject to such terms and conditions as may be prescribed by the liquor authority. § 2. Subdivision 2 of section 94 of the alcoholic beverage control law, as amended by section 14 of part Z of chapter 85 of the laws of 2002, is amended to read as follows: 2. Such permit shall be issued for the calendar year, and may cover one or more trucks and in cities having a population of one million or less to duly licensed taxicabs used to deliver only wine or liquor sold at retail and the fee therefor shall be at the rate of [fifty-one] FIFTY dollars per truck or such duly licensed taxicab per year. § 3. Section 97 of the alcoholic beverage control law, as amended by chapter 204 of the laws of 1963, the section heading as amended by chap- ter 363 of the laws of 1977, subdivisions 1 and 2 as amended by section 19 of part Z of chapter 85 of the laws of 2002, and subdivision 4 as added by chapter 120 of the laws of 2012, is amended to read as follows: § 97. Temporary beer and wine permit. 1. The liquor authority is here- by authorized to issue temporary permits effective for a period not to exceed twenty-four consecutive hours to authorize the sale of beer and wine manufactured in New York state at outdoor or indoor gatherings, functions, occasions or events, within the hours fixed by or pursuant to subdivision five of section one hundred six of this chapter, during which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages at retail for on-premises consump- tion in the community in which is located the premises in which such gathering, function, occasion or event is held. The fee for such permit shall be [twenty-six] TWENTY-FIVE dollars. Such permit and the exercise of the privilege granted thereby shall be subject to such rules of the liquor authority as it deems necessary. 2. The liquor authority is hereby authorized to issue an annual permit to brewers and beer wholesalers authorizing such licensees to sell beer for consumption at outdoor or indoor gatherings, functions, occasions or events, provided that such gatherings are not open to admission to the general public nor is admission thereto made contingent upon the payment of an admission fee, donation or contribution, and further provided that such beer is not resold at such gatherings. Every brewer or beer whole- saler to whom a permit shall be issued hereunder shall require every person to whom beer shall be sold for use at such gatherings to make, execute and file with such brewer or beer wholesaler, upon a form to be prescribed by the liquor authority, a statement, that the beer purchased by such person will not be sold or offered for sale by such person. Such statement shall be accepted for all purposes as the equivalent of an affidavit, and if false, shall subject the person making and executing the same to the same penalties as if he OR SHE had been duly sworn. Such S. 6785--A 8 permit shall be issued in the form prescribed by the liquor authority and shall run concurrently with the annual term of the brewer's license or of the wholesale beer license, and the fee for such permit shall be [sixty-four] SIXTY dollars. Such a permit and the exercise of the privi- leges granted thereunder shall be subject to such rules by the liquor authority as it deems necessary. The provisions hereof shall not apply to the sale of beer for consumption in the home. 4. The liquor authority is hereby authorized to issue a temporary permit effective for a period not to exceed twenty-four consecutive hours to any holder of a license to manufacture wine in this or any other state, to sell wine at outdoor or indoor gatherings, functions, occasions, or events, provided that such manufacturer produces not more than one hundred fifty thousand gallons of wine annually. The fee for such permit shall be [twenty-six] TWENTY-FIVE dollars. § 4. Paragraph (b) of subdivision 2 and subdivision 4 of section 97-a of the alcoholic beverage control law, as added by chapter 396 of the laws of 2010, are amended to read as follows: (b) the applicant shall have filed with the authority an application for a temporary retail permit, accompanied by a nonrefundable filing fee of one hundred [twenty-eight] TWENTY-FIVE dollars for all retail beer licenses or six hundred forty dollars for all other retail licenses; 4. A temporary retail permit issued by the authority pursuant to this section shall be for a period not to exceed ninety days. A temporary permit may be extended at the discretion of the authority, for an addi- tional thirty day period upon payment of an additional fee of [sixty- four] SIXTY dollars for all retail beer licenses and [ninety-six] NINE- TY-FIVE dollars for all other temporary permits and upon compliance with all conditions required in this section. The authority may, in its discretion, issue additional thirty day extensions upon payment of the appropriate fee. § 5. Subdivisions 2 and 3 of section 99-d of the alcoholic beverage control law, subdivision 2 as amended by chapter 560 of the laws of 2011 and subdivision 3 as amended by section 24 of part Z of chapter 85 of the laws of 2002, are amended to read as follows: 2. Before any change in the members of a limited liability company or the transfer or assignment of a membership interest in a limited liabil- ity company or any corporate change in stockholders, stockholdings, alcoholic beverage officers, officers or directors, except officers and directors of a premises licensed as a club or a luncheon club under this chapter can be effectuated for the purposes of this chapter, there shall be filed with the liquor authority an application for permission to make such change and there shall be paid to the liquor authority in advance upon filing of the application a fee of one hundred [twenty-eight] TWEN- TY-FIVE dollars. (a) The provisions of this section shall not be applicable where there are ten or more stockholders and such change involves less than ten per centum of the stock of the corporation and the stock holdings of any stockholder are not increased thereby to ten per centum or more of the stock. (b) Where the same corporation operates two or more premises separate- ly licensed under this chapter a separate corporate change shall be filed for each such licensed premises, except as otherwise provided for by rule of the liquor authority. The corporate change fee provided for herein shall not be applicable to more than one license held by the same corporation. S. 6785--A 9 (c) Notwithstanding any corporate change approved by the authority, a licensed corporation or limited liability company shall be bound by the representations set forth in the original application and any amendments thereto approved by the authority. 3. Before any removal of a license to any premises other than the licensed premises or to any other part of the building containing the licensed premises, the licensee shall make an application to the liquor authority for permission to effect such removal and shall pay to the liquor authority in advance upon filing of the application a fee of one hundred [ninety-two] NINETY dollars where the base license fee is five hundred dollars or more and [thirty-two] THIRTY dollars in all other instances. § 6. Paragraphs (a) and (b) of subdivision 4 of section 100 of the alcoholic beverage control law, as amended by chapter 423 of the laws of 2016, are amended to read as follows: (a) if the licensed premises is a legitimate theatre or concert hall, or contiguous to and used in conjunction with a legitimate theatre or concert hall, additional bars, counters or contrivances may be permitted by the liquor authority upon payment to it of an annual fee of one hundred dollars for each such additional bar, counter or contrivance so permitted[,] in addition to the annual license fee paid by such licen- see; (b) if such licensed premises be located at a baseball park, race track, or either outdoor or indoor athletic field, facility, arena or stadium, additional bars, counters or contrivances where beer shall be sold at retail for consumption on the premises may be permitted by the liquor authority, upon payment to it of the annual fee of thirty dollars for each such additional bar, counter or contrivance so permitted[,] in addition to the amount of the annual license fee paid by the licensee; and § 7. Section 56 of the alcoholic beverage control law, as amended by section 1 of part Z of chapter 85 of the laws of 2002, subdivision 1 as amended by chapter 108 of the laws of 2012, paragraph (a) of subdivision 1 as amended by chapter 431 of the laws of 2014, and subdivision 11 as added by chapter 422 of the laws of 2016, is amended to read as follows: § 56. License fees. 1. The annual fee for a license to manufacture beer shall be: (a) four thousand dollars for a brewer's license, unless the annual production of the brewer is less than seventy-five thousand barrels per year, in which case the annual fee shall be three hundred twenty dollars; (b) three hundred twenty dollars for a farm brewery license. 2. The annual fee for a wholesaler's beer license shall be eight hundred dollars. 3. The annual fee for a vendor's license shall be one hundred [forty- four] FORTY dollars. 4. The annual fee for a license to sell beer at retail not to be consumed on the premises where sold shall be one hundred ten dollars. Where, however, the applicant is the holder of two such licenses, the annual fee for each additional license thereafter issued to such licen- see shall be double the amount hereinabove set forth. 5. The annual fee for a license to sell beer at retail to be consumed on the premises where sold shall be three hundred twenty dollars in cities having a population of one hundred thousand or over, and one hundred sixty dollars elsewhere; provided, however, that where the prem- ises to be licensed remain open only within the period commencing April S. 6785--A 10 first and ending October thirty-first of any one year or only within the period commencing October first and ending the following April thirti- eth, the liquor authority, in its discretion, may grant a summer or winter license effective only for such appropriate period of time, for which an annual fee of one hundred sixty dollars shall be paid where the premises are located in cities having a population of one hundred thou- sand or over, and eighty dollars where such premises are located else- where. 6. The annual fee for selling beer upon any railroad car to be consumed on such car or any car connected therewith shall be [ninety- six] NINETY dollars for each railroad car licensed. 7. The annual fee for selling beer upon any vessel in this state, other than one regularly and exclusively engaged in the business of carrying passengers for hire, by charter or otherwise, for fishing purposes, to be consumed on such vessel, shall be one hundred sixty dollars for each vessel licensed. The annual fee for selling beer upon a vessel regularly and exclusively engaged in the business of carrying passengers for hire, by charter or otherwise, for fishing purposes, to be consumed on such vessel, shall be forty dollars for each vessel licensed. The annual fee for selling beer for off-premise consumption upon a vessel regularly and exclusively engaged, as a duly licensed supply ship, in furnishing supplies to other vessels, shall be eighty dollars. 8. The annual fee for selling beer at any baseball park, race track or outdoor athletic field or stadium, to be consumed in any such baseball park, race track, or outdoor athletic field or stadium, shall be one hundred [ninety-two] NINETY dollars. 9. The annual fee for a license to sell beer and wine products at retail not to be consumed on the premises where sold shall be one hundred [ninety-eight] NINETY-FIVE dollars. 10. The annual fee for a license to sell beer and wine products at retail not to be consumed on the premises where sold, when the applicant is the holder of two such licenses, the annual fee for each additional license thereafter issued to such licensee shall be three hundred [fifty-two] FIFTY dollars. 11. The annual fee for a license to operate a custom beermakers' center shall be three hundred twenty dollars. § 8. Subdivision 6 of section 64 of the alcoholic beverage control law, as amended by chapter 204 of the laws of 1963, is amended to read as follows: 6. Where an on-premise license shall be granted to the owner of a hotel situated in a town or village the liquor authority may in its discretion grant to such owner the right to sell liquor and wine for off-premise consumption under the same terms and conditions as apply to off-premise licenses upon the payment of an additional fee of [sixty- two] SIXTY dollars [and fifty cents]; provided, however, that this permission shall not be granted if an off-premise license has been granted for premises located within eight miles of such hotel. § 9. Section 66 of the alcoholic beverage control law, as amended by section 3 of part Z of chapter 85 of the laws of 2002, subdivision 1-a as added by chapter 580 of the laws of 2002, subdivision 2-c as added by chapter 564 of the laws of 2007, subdivision 3-a as added by chapter 297 of the laws of 2016, subdivision 4 as amended by chapter 703 of the laws of 2022, and subdivision 10 as added by chapter 331 of the laws of 2004, is amended to read as follows: S. 6785--A 11 § 66. License fees. 1. The annual fee for a distiller's license, class A, shall be twelve thousand dollars. 1-a. The annual fee for a distiller's license, class A-1, shall be two hundred fifty dollars. 2. The annual fee for a distiller's license, class B, shall be eight thousand dollars. 2-a. The annual fee for a distiller's license, class C, shall be one hundred [twenty-eight] TWENTY-FIVE dollars. 2-b. The annual fee for a distiller's license, class B-1, shall be three hundred twenty dollars. 2-c. The annual fee for A distiller's license, class D, shall be one hundred [twenty-eight] TWENTY-FIVE dollars. 3. The annual fee for a license to sell liquor at wholesale [shall be sixty-four hundred dollars]: (A) IF SUCH WHOLESALER HAS REVENUE OF AT LEAST TWENTY-FIVE MILLION DOLLARS WITHIN THE PREVIOUS YEAR IN NEW YORK STATE, SHALL BE ONE MILLION DOLLARS; AND (B) IF SUCH WHOLESALER HAS REVENUE UNDER TWENTY-FIVE MILLION DOLLARS WITHIN THE PREVIOUS YEAR IN NEW YORK STATE, SHALL BE EIGHT HUNDRED DOLLARS. 3-a. The annual fee for an importer's license shall be one hundred twenty-five dollars. 4. The annual fee for a license, under section sixty-four or sixty- four-a of this article, to sell liquor at retail to be consumed on the premises where sold shall be twenty-one hundred [seventy-six] SEVENTY dollars in the counties of New York, Kings, Bronx and Queens; fifteen hundred [thirty-six] THIRTY-FIVE dollars in the county of Richmond and in cities having a population of more than one hundred thousand and less than one million; twelve hundred [sixteen] TEN dollars in cities having a population of more than fifty thousand and less than one hundred thou- sand; and the sum of eight hundred [ninety-six] NINETY-FIVE dollars elsewhere; except that the license fees for catering establishments and off-premises catering establishments shall be two-thirds the license fee specified herein and for clubs, except luncheon clubs and golf clubs, shall be seven hundred fifty dollars in counties of New York, Kings, Bronx and Queens; five hundred dollars in the county of Richmond and in cities having a population of more than one hundred thousand and less than one million; three hundred fifty dollars in cities having a popu- lation of more than fifty thousand and less than one hundred thousand; and the sum of two hundred fifty dollars elsewhere. The annual fees for luncheon clubs shall be three hundred seventy-five dollars, and for golf clubs in the counties of New York, Kings, Bronx, Queens, Nassau, Rich- mond and Westchester, two hundred fifty dollars, and elsewhere one hundred [eighty-seven] EIGHTY-FIVE dollars [and fifty cents]. Notwith- standing any other provision of law to the contrary, there shall be no annual fee for a license, under section sixty-four, to sell liquor at retail to be consumed on the premises where the applicant is an organ- ization organized under section two hundred sixty of the military law and incorporated pursuant to the not-for-profit corporation law. Provided, however, that where any premises for which a license is issued pursuant to section sixty-four or sixty-four-a of this article remain open only within the period commencing April first and ending October thirty-first of any one year, or only within the period commencing Octo- ber first and ending the following April thirtieth, the liquor authority may, in its discretion, grant a summer or winter license effective only for such appropriate period of time, for which a license fee shall be S. 6785--A 12 paid to be pro-rated for the period for which such license is effective, at the rate provided for in the city, town or village in which such premises are located, except that no such license fee shall be less than one-half of the regular annual license fee; provided further that where the premises to be licensed are a race track or a golf course or are licensed pursuant to section sixty-four or sixty-four-a of this article, the period of such summer license may commence March first and end November thirtieth. Where a hotel, restaurant, club, golf course or race track is open prior to April first and/or subsequent to October thirty-first by reason of the issuance of a caterer's permit or permits issued by the authori- ty, such fact alone shall not affect the eligibility of the premises or the person owning or operating such hotel, restaurant, club, golf course or race track for a summer license. 5. The annual fee for a license to sell liquor at retail not to be consumed on the premises where sold shall be thirteen hundred [sixty- six] SIXTY dollars in the counties of New York, Kings, Bronx and Queens; eight hundred [fifty-four] FIFTY dollars in the county of Richmond and in cities having a population of more than one hundred thousand and less than one million; and elsewhere the sum of five hundred [twelve] TEN dollars. 6. The annual fee for a license to sell liquor upon any railroad car to be consumed on such car or any car connected therewith shall be one hundred [ninety-two] NINETY dollars for each railroad car licensed. 7. The annual fee for a license to sell liquor upon any vessel in this state to be consumed upon such vessel shall be sixteen hundred dollars for each vessel licensed, provided, however, that where a vessel is operated only within the period commencing April first and ending Octo- ber thirty-first of any one year, the liquor authority may, in its discretion, grant for such vessel a summer license effective only for such period of time, for which a license fee of four hundred [forty- eight] FORTY dollars shall be paid. 8. The annual fee for a license to sell liquor upon an aircraft being operated on regularly scheduled flights by a United States certificated airline in this state shall be nineteen THOUSAND TWO hundred [twenty] dollars per annum for an airline company operating up to and including twenty such aircraft and twenty-five THOUSAND SIX hundred [sixty] dollars for such an airline operating more than twenty such aircraft. 9. The annual fee for a license for a bottle club shall be the same as the annual fee for a special license to sell liquor at retail to be consumed on the premises, as set forth in subdivision four of this section. 10. Notwithstanding any provision to the contrary, the annual fee for a license for an establishment defined as an owner-occupied residence providing at least three but no more than five rooms for temporary tran- sient lodgers with sleeping accommodations and a meal in the forenoon of the day, known as a "bed and breakfast dwelling" as authorized by subdi- vision five-a of section sixty-four of this article, shall be two hundred dollars plus fifteen dollars per each available bedroom. § 10. Subdivision 1 of section 79-a of the alcoholic beverage control law, as amended by section 5 of part Z of chapter 85 of the laws of 2002, is amended to read as follows: 1. Any person licensed to sell beer at retail for consumption off the premises, pursuant to section fifty-four of this chapter, shall, by virtue of such license and upon payment to the liquor authority of an additional fee in the sum of one hundred sixty-five dollars in cities S. 6785--A 13 having a population of one hundred thousand or over and [eighty-three] EIGHTY dollars elsewhere, be granted authorization to sell from the licensed premises wine products in sealed containers for consumption off such premises. Upon receipt of such additional fee, the liquor authority shall promptly issue a permit authorizing such sales by the licensee. § 11. Subdivisions 1 and 1-a of section 79-b of the alcoholic beverage control law, as amended by section 6 of part Z of chapter 85 of the laws of 2002, are amended to read as follows: 1. Any person licensed to sell beer at retail for consumption on the premises, pursuant to section fifty-five of this chapter, shall, by virtue of such license and upon payment to the liquor authority of an additional fee in the sum of one hundred [ninety-two] NINETY dollars in cities having a population of one hundred thousand or over and [ninety- six] NINETY dollars elsewhere, be granted authorization to sell from the licensed premises wine products in sealed containers at retail for consumption on or off such premises. Upon receipt of such additional fee, the liquor authority shall promptly issue a permit authorizing such sales by the licensee. 1-a. Any person licensed to sell beer at retail for consumption on the premises, pursuant to section fifty-five-a of this chapter, shall, by virtue of such license and upon payment to the liquor authority of an additional fee in the sum of one hundred [ninety-two] NINETY dollars in cities having a population of one hundred thousand or over and [ninety- six] NINETY dollars elsewhere, be granted authorization to sell from the licensed premises wine products in sealed containers at retail for consumption on such premises. Upon receipt of such additional fee, the liquor authority shall promptly issue a permit authorizing such sales by the licensee. § 12. Section 83 of the alcoholic beverage control law, as amended by section 7 of part Z of chapter 85 of the laws of 2002, subdivision 1-a as amended by chapter 221 of the laws of 2011, subdivision 1-d as amended by chapter 613 of the laws of 2008, subdivision 8 as added by chapter 355 of the laws of 2013, and subdivision 9 as added by chapter 422 of the laws of 2016, is amended to read as follows: § 83. License fees. 1. The annual fee for a winery license shall be six hundred twenty-five dollars. 1-a. The annual fee for a farm winery license shall be one hundred twenty-five dollars, provided that the annual fee for a farm winery manufacturing no more than fifteen hundred finished gallons of wine annually shall be fifty dollars. 1-d. The fee for each license issued for a winery or farm winery licensee's authority to conduct wine tastings and the sale of New York state labelled wines for off-premises consumption pursuant to paragraph (c) of subdivision two of section seventy-six of this article shall be forty dollars. 2. The annual fee for a license to sell wine at wholesale [shall be eight hundred dollars]: (A) IF SUCH WHOLESALER HAS REVENUE OF AT LEAST TWENTY-FIVE MILLION DOLLARS WITHIN THE PREVIOUS YEAR IN NEW YORK STATE, SHALL BE ONE MILLION DOLLARS; AND (B) IF SUCH WHOLESALER HAS REVENUE OF UNDER TWENTY-FIVE MILLION DOLLARS WITHIN THE PREVIOUS YEAR IN NEW YORK STATE, SHALL BE EIGHT HUNDRED DOLLARS. 3. The annual fee for a license to sell wine at retail, not to be consumed on the premises, shall be six hundred forty dollars for each such place where such business is carried on in cities having a popu- S. 6785--A 14 lation of one million or more; in cities having less than one million population and more than one hundred thousand, three hundred twenty dollars; and elsewhere, the sum of one hundred forty-five dollars. 4. The annual fee for selling wine at retail, to be consumed on the premises where sold, shall be as follows: (a) In cities having a population of one hundred thousand or over the sum of four hundred eighty dollars per year; and (b) Elsewhere, the sum of two hundred forty dollars per year. 4-a. The annual fee for a license to sell wine at retail to be consumed on the premises where sold where the premises to be licensed remain open only within the period commencing April first and ending October thirty-first of any one year or only within the period commenc- ing October first and ending the following April thirtieth, the liquor authority, in its discretion, may grant a summer or winter license effective only for such appropriate period of time, for which an annual fee of one hundred [twelve] TEN dollars shall be paid. 5. The annual fee for a special license to sell wine at retail, to be consumed on the premises where sold, shall be as follows: (a) In cities having a population of one hundred thousand or over, the sum of five hundred [seventy-six] SEVENTY-FIVE dollars per year; and (b) Elsewhere, the sum of two hundred seventy dollars per year. 6. The annual fee for a special winery license shall be six hundred twenty-five dollars. 7. The annual fee for a special farm winery license shall be one hundred twenty-five dollars. 8. The annual fee for a roadside farm market license shall be one hundred dollars. 9. The annual fee for a license to operate a custom winemakers' center shall be three hundred twenty dollars. § 13. Section 122 of the alcoholic beverage control law, as amended by chapter 408 of the laws of 1997, is amended to read as follows: § 122. Continuance of business by receiver or other representative. If a corporation or copartnership holding any license or holding a permit for which an annual fee of one hundred dollars or more is prescribed by this chapter shall be dissolved, or if a receiver or assignee for the benefit of creditors be appointed therefor, or if a receiver, assignee for the benefit of creditors or a committee or conservator of the property of an individual holding any license or holding a permit for which an annual fee of one hundred dollars or more is prescribed by this chapter be appointed, during the time for which such license or permit was granted, or if a person, including a member of a copartnership, holding any license or holding a permit for which an annual fee of one hundred dollars or more is prescribed by this chapter shall die during the term for which such license or permit was given, such corporation, copartnership, receiver or assignee, or the adminis- trator or executor of the estate of such individual, or of such deceased member of a copartnership, or a committee of the property of a person adjudged to be incompetent, or a conservator of the property of an indi- vidual, or a petition under title eleven of the United States code shall have been filed and a trustee has been appointed or the holder of the license [of] OR permit has been permitted to remain in possession with- out the appointment of a trustee, may continue to carry on such business upon such premises for the balance of the term for which such license or permit was effective, with the same rights and subject to the same restrictions and liabilities as if he had been the original applicant for and the original holder, or one of either of them, of such license S. 6785--A 15 or permit, providing the approval of the liquor authority shall be first obtained. Before continuing such business, such receiver, assignee, individual, committee, or conservator, debtor in possession, or trustee in bankruptcy shall file a statement setting forth in such form and substance as the liquor authority may prescribe the facts and circum- stances by which he has succeeded to the rights of the original licensee or permittee. The liquor authority may, in its discretion, permit the continuance of such business or may refuse to do so. In the event that the authority determines to permit the continuance of the business, the license or permit shall be submitted to the authority and shall have affixed thereto a certificate in the form prescribed by the authority. For each such certificate, a fee shall be paid to the liquor authority of fifty dollars by the applicant, except in the case of an off-premise beer license, such fee shall be ten dollars which shall be paid into the same fund as other license fees herein provided for. § 14. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART J Section 1. The opening paragraph of subdivision 1 of section 110-b of the alcoholic beverage control law, as amended by chapter 222 of the laws of 2019, is amended to read as follows: Not [less than thirty nor] more than two hundred [and] seventy days before filing any of the following applications PROVIDED FOR IN THIS SUBDIVISION, an applicant shall notify the municipality in which the premises is located of such applicant's intent to file such an applica- tion. THE PROOF OF NOTIFICATION, PROVIDED FOR IN SUBDIVISIONS SIX AND SIX-A OF THIS SECTION, MUST BE PROVIDED AT THE TIME OF APPLICATION; FAILURE TO SO PROVIDE SHALL CONSTITUTE GOOD CAUSE FOR DENIAL. THE AUTHORITY MAY NOT ACT TO APPROVE ANY APPLICATION SUBJECT TO THIS SECTION PRIOR TO THE PASSAGE OF THIRTY DAYS FROM THE DATE NOTIFICATION WAS PROVIDED TO THE MUNICIPALITY. THIS SECTION SHALL APPLY TO AN APPLICATION: § 2. This act shall take effect immediately. PART K Section 1. The opening paragraph of subdivision 2 of section 99-d of the alcoholic beverage control law, as amended by chapter 560 of the laws of 2011, is amended to read as follows: Before any change in the members of a limited liability company or the transfer or assignment of a membership interest in a limited liability company or any corporate change in stockholders, stockholdings, alcohol- ic beverage officers, officers or directors, except officers and direc- tors of a premises licensed as a club or a luncheon club under this chapter can be effectuated for the purposes of this chapter, there shall be filed with the liquor authority an application for permission to make such change and there shall be paid to the liquor authority in advance upon filing of the application a fee of one hundred twenty-eight dollars. IF THE AUTHORITY DOES NOT ACT WITHIN NINETY DAYS OF RECEIPT OF SUCH APPLICATION, THE CHANGE SHALL BE DEEMED APPROVED. PROVIDED, HOWEV- ER, ANY CHANGE WHICH IS IN VIOLATION OF ANY PROVISION OF THIS CHAPTER, S. 6785--A 16 INCLUDING BUT NOT LIMITED TO THOSE IN SECTIONS ONE HUNDRED ONE, ONE HUNDRED TWENTY-SIX, AND ONE HUNDRED TWENTY-EIGHT OF THIS CHAPTER, MAY NOT BE APPROVED OR DEEMED APPROVED. § 2. This act shall take effect immediately. PART L Section 1. Subdivision 3 of section 97-a of the alcoholic beverage control law, as amended by chapter 106 of the laws of 2022, is amended to read as follows: 3. A temporary retail permit under paragraph (b) of subdivision one of this section may not be issued for any premises that is subject to the provisions of section sixty-three or seventy-nine of this chapter; a temporary retail permit under paragraph (b) of subdivision one of this section shall not be issued for a premises subject to the provisions of paragraph (b) of subdivision seven of section sixty-four, subparagraph (ii) of paragraph (a) of subdivision seven of section sixty-four-a, subparagraph (ii) of paragraph (a) of subdivision eleven of section sixty-four-c, or paragraph (b) of subdivision eight of section sixty- four-d OF THIS CHAPTER, unless and until a recommendation that there be a finding of public interest has been made by an administrative law judge pursuant to paragraph (f) of subdivision seven of section sixty- four, paragraph (d) of subdivision seven of section sixty-four-a, para- graph (c) of subdivision five of section sixty-four-b, paragraph (c) of subdivision eleven of section sixty-four-c, or paragraph (e) of subdivi- sion eight of section sixty-four-d of this chapter. Provided however, any premises granted a temporary retail permit pursuant to this subdivi- sion in a city with a population of one million or more people shall only be allowed to operate on the premises under the following condi- tions: [an active] NO retail license [shall have existed] at the APPLIED FOR location [within the past two years, and such license] shall [not] have been canceled, suspended, or revoked by the authority within the past two years; the closing time any day of the week shall be no later than midnight; provided however that the closing time of any outdoor space shall be no later than ten o'clock post-meridian Sunday through Thursday and eleven o'clock post-meridian Friday and Saturday; no outdoor music; indoors shall have recorded background music only, with no live music, DJ's, karaoke, or similar forms of music; and no dancing. The authority shall automatically lift such restrictions if the authori- ty issues a retail license for the premises, and replace such restrictions with other restrictions, if any, imposed by the authority in accordance with the public interest standard. § 2. Subdivision 4 of section 97-a of the alcoholic beverage control law, as added by chapter 396 of the laws of 2010, is amended to read as follows: 4. A temporary retail permit issued by the authority pursuant to this section shall be for a period not to exceed ninety days. A temporary permit may be extended at the discretion of the authority, for an addi- tional [thirty] NINETY day period upon payment of an additional fee of sixty-four dollars for all retail beer licenses and ninety-six dollars for all other temporary permits and upon compliance with all conditions required in this section. The authority may, in its discretion, issue additional [thirty] NINETY day extensions upon payment of the appropri- ate fee. S. 6785--A 17 § 3. Subdivision 6 of section 97-a of the alcoholic beverage control law, as added by chapter 396 of the laws of 2010, is amended to read as follows: 6. The holder of a temporary retail permit shall [purchase alcoholic beverages only by payment in currency or check for such alcoholic bever- ages on or before the day such alcoholic beverages are delivered, provided, however, that the holder of a temporary permit issued pursuant to this section who also holds one or more retail licenses and is oper- ating under such retail license or licenses in addition to the temporary retail permit, and who is not delinquent under the provisions of section one hundred one-aa of this chapter as to any retail license under which he operates, may purchase alcoholic beverages on credit under the tempo- rary permit] BE SUBJECT TO SECTIONS ONE HUNDRED ONE-AA AND ONE HUNDRED ONE-AAA OF THIS CHAPTER. § 4. Section 5 of chapter 396 of the laws of 2010 amending the alco- holic beverage control law relating to liquidator's permits and tempo- rary retail permits, as amended by section 1 of part O of chapter 55 of the laws of 2023, is amended to read as follows: § 5. This act shall take effect on the sixtieth day after it shall have become a law[, provided that paragraph (b) of subdivision 1 of section 97-a of the alcoholic beverage control law as added by section two of this act shall expire and be deemed repealed October 12, 2024]. § 5. This act shall take effect immediately; provided, however, that section two of this act shall take effect on the ninetieth day after it shall have become a law. PART M Section 1. The alcoholic beverage control law is amended by adding a new section 97-d to read as follows: § 97-D. TEMPORARY WHOLESALE PERMIT. 1. ANY PERSON MAY APPLY TO THE LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC BEVER- AGE WHOLESALE BUSINESS AS MAY BE LICENSED UNDER THIS CHAPTER. SUCH APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN INFORMA- TION AS THE LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE DOLLARS FOR SUCH PERMIT. 2. UPON APPLICATION, THE LIQUOR AUTHORITY MAY ISSUE SUCH TEMPORARY PERMIT WHEN: (A) THE APPLICANT HAS A WHOLESALE LICENSE APPLICATION AT THE SAME PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED FILING AND LICENSE FEES; (B) THE APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF ALL PERMITS, LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI- NESS; AND (C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES THAT MAY NOT UNDER LAW OPERATE CONCURRENTLY HAS BEEN SURRENDERED OR PLACED IN SAFEKEEPING, OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY. 3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT: (A) ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE OPERATION OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER; (B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN THE WHOLESALE LICENSE BEING APPLIED FOR; AND (C) THE APPLICANT HAS SUBSTANTIALLY COMPLIED WITH THE REQUIREMENTS NECESSARY TO OBTAIN SUCH LICENSE. S. 6785--A 18 4. THE APPLICATION FOR A PERMIT SHALL BE APPROVED OR DENIED BY THE LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI- CATION. 5. A TEMPORARY PERMIT SHALL AUTHORIZE THE PERMITTEE TO OPERATE A WHOLESALE FACILITY FOR THE SALE OF ALCOHOLIC BEVERAGES ACCORDING TO THE LAWS APPLICABLE TO THE TYPE OF WHOLESALE LICENSE BEING APPLIED FOR. 6. SUCH TEMPORARY PERMIT SHALL REMAIN IN EFFECT UNTIL THE WHOLESALE LICENSE BEING APPLIED FOR IS APPROVED AND THE LICENSE GRANTED OR A DETERMINATION IS MADE TO REJECT THE APPLICATION FOR THE LICENSE. 7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE LIQUOR AUTHORITY DETERMINES THAT GOOD CAUSE FOR CANCELLATION OR SUSPENSION EXISTS. THE LIQUOR AUTHORITY SHALL PROMPTLY NOTIFY THE PERMITTEE IN WRITING OF SUCH CANCELLATION OR SUSPENSION AND SHALL SET FORTH THE REASONS FOR SUCH ACTION. 8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER- WISE SHOWN. A DECISION ON AN APPLICATION SHALL BE BASED ON SUBSTANTIAL EVIDENCE IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE IN FAVOR OF THE APPLICANT. § 2. This act shall take effect on the ninetieth day after it shall have become a law. PART N Section 1. Paragraph (a) of subdivision 7 of section 64 of the alco- holic beverage control law, as amended by chapter 463 of the laws of 2009, is amended to read as follows: (a) on the same street or avenue and within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship; PROVIDED, HOWEVER, THAT SUCH RESTRICTION RELATED TO A CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP SHALL ONLY APPLY IF THE CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP HAS OCCUPIED ITS CURRENT LOCATION, IN WHOLE OR IN PART, FOR AT LEAST FIVE YEARS PRIOR TO THE DATE OF APPLICATION FOR A LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES, or § 2. This act shall take effect immediately. PART O Section 1. Paragraphs b and f of subdivision 7 of section 64 of the alcoholic beverage control law are REPEALED. § 2. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through O of this act shall be as specifically set forth in the last section of such Parts.
co-Sponsors
(D, WF) 31st Senate District
(D) 32nd Senate District
2023-S6785B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9244
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Rpld §105 sub 2, amd ABC L, generally; amd §4, Chap 118 of 2012; amd §5, Chap 396 of 2010
2023-S6785B (ACTIVE) - Summary
Relates to the effectiveness of provisions of law relating to the powers of the chairman and members of the state liquor authority (Part A); provides for certain temporary permits (Part B); authorizes special permits to remain open during certain hours of the morning (Part C); permits certain retail licensees to purchase wine and liquor from certain other retail licensees (Part D)
2023-S6785B (ACTIVE) - Sponsor Memo
BILL NUMBER: S6785B SPONSOR: SKOUFIS TITLE OF BILL: 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 providing for certain temporary permits (Part B); to amend the alcoholic beverage control law, in relation to authorizing special permits to remain open during certain hours of the morning (Part C); to amend the alcoholic beverage control law, in relation to permitting certain retail licensees to purchase wine and liquor from certain other retail licensees (Part D); to amend the alcoholic bever- age control law, in relation to permissible sales by license hold- ers (Part E); to amend the alcoholic beverage control law, in relation to allowing multiple off-premises licenses (Part F); to amend the alco- holic beverage control law, in relation to licensing restrictions for manufacturers and wholesalers of alcoholic beverages and retail licen- sees (Part G); to amend the alcoholic beverage control law, in relation to the approval of seven day licenses to sell liquor at retail for consumption off the premises (Part H); to amend the alcoholic beverage control law, in relation to adjusting licensing fees regarding certain
alcoholic beverages (Part I); to amend the alcoholic beverage control law, in relation to notifying municipalities of the filing of certain applications (Part J); to amend the alcoholic beverage control law, in relation to changes of ownership of a licensed business (Part K); to amend the alcoholic beverage control law, in relation to the issuance of temporary retail permits; and to amend chapter 396 of the laws of 2010 amending the alcoholic beverage control law relating to liquidator's permits and temporary retail permits, in relation to the effectiveness thereof (Part L); to amend the alcoholic beverage control law, in relation to establishing a temporary wholesale permit and allow- ing multiple wholesale licenses owned by the same person or entity to be located at the same premises (Part M); 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 N); 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 O); and to repeal subdivision 2 of section 105 of the alcoholic beverage control law, in relation to requiring wine and liquor be sold at street level (Part P) PURPOSE: To modernize and simplify the state's alcohol laws, including recommen- dations made by the Commission to Study Reform of the Alcoholic Beverage Control Law. SUMMARY OF PROVISIONS: Part A (Sole Administrative Authority - Powers of the Chair) - Perma- nently extends the administrative powers granted to the Chair of the SLA (e.g. everyday administrative operations including all hiring, firing, and spending decisions). This Part incorporates the Executive's proposed FY 25 State Budget language found within PPGG Part J. Part B (Temporary One-Day Catering/Retail Permits) - Adds cider, mead, braggot, and liquor as permissible beverages for temporary one-day permits for events. Allows for outdoor catering permits. This Part incorporates the Executive's proposed FY 25 State Budget language found within PPGG Part H, amending sections 98 and 97 of the ABC Law. Part C (Special NYE On-Premises Retail Permit) - Allows restaurants and bars to apply for a special permit to stay open on January 1 between 4AM and 8AM. This Part incorporates S4742A of 2023 (Cooney), amending section 99 of the ABC Law. Part D (Retailer-to-Retailer Sales) - Allows on-premises retail licen- sees like bars and restaurants to buy and resell up to 12 bottles of wine and liquor per week from off-premises retailers, as well as for off-premises retailers to sell such bottles. This Part incorporates 52853 of 2023 (Skoufis), amending sections 105 and 106 of the ABC Law. Part E (Allowing More Products to be Sold by Off-Premises Retailers) Expands off-premises retail sales to include tonic water, bitters, maraschino cherries, and dealcoholized wine. Allows wholesalers to transport and sell such products. This Part incorporates and expands upon 53568 (Skoufis), amending sections 63 and 104 of the ABC Law. Part F (Multiple Off-Premises Retail Licenses) - Allows a holder of an off-premises retail license to be granted one additional license to sell liquor/wine at retail for off-premises consumption. Amends section 63 of the ABC Law to allow any person to hold up to two such licenses. Part G (NYS Tied House) - Limits the application of New York's tied- house provisions to New York licensees. This Part incorporates 5163 of 2023 (Hoylman-Sigal), amending sections 101 and 106 of the ABC Law to limit the application of the New York's tied-house provisions to retail- ers, wholesalers, and manufacturers licensed by the New York State Liquor Authority. Part H (Revising the Public Convenience and Advantage Standard) - Chang- es the "public convenience and advantage" standard with respect to issu- ing new retail licenses to sell liquor/wine for off-premises consumption to a new "good cause for disapproval" standard. Amends sections 63 and 79 of the ABC Law. Part I (Licensing Fees Adjustments) - Adjusts various fees for licensure for NYS manufacturers, wholesalers, and retailers. This Part incorpo- rates and modifies 59033 of 2022 (Skoufis), amending multiple sections of the ABC Law to increase or decrease such fees. Part J (Revising Municipal Notice Period) - Allows individuals to apply for a license with the SLA without having to wait thirty days for the municipal notice period to lapse. This Part incorporates the Executive's proposed FY 25 State Budget language found within PPGG Part H, amending section 110-b of the ABC Law. Part K (Changes in Membership or Corporate Structure) - Requires the SLA to act on changes in membership or other corporate structure to a limit- ed liability company (LLC) within ninety days of receipt of an applica- tion. The application would be deemed approved if the SLA takes no action prior to ninety days. This Part incorporates the Executive's proposed FY 25 State Budget language found within PPGG Part H, amending section 99-d of the ABC Law. Part L (Temporary Retail Permits) - Allows for the issuance of temporary retail permits, permanently extending the SLA's authority to issue temporary retail permits, allow businesses to apply for a permit for locations that have not had an active licensed retailer in the prior two years, give permit holders the ability to purchase alcohol for sale on credit, and allow permits to be extended for 90 days. This proposal removes the need for there to have been an active retailer within the previous two years and maintains the ban on issuing a permit if a location had a license previously suspended, canceled, or revoked in the two years prior. This proposal lengthens the 30-day extension period to 90 days with the payment of a fee. This Part incorporates the Execu- tive's proposed FY 24 State Budget language found within PPGG Part 0, amending section 97-a of the ABC Law. Part M (Temporary Wholesale Permits and Multiple Wholesale Licenses) Authorizes the SLA to issue temporary permits to wholesalers while their pending applications for permanent wholesale licenses are reviewed, as long as the applicant has obtained all permits, licenses, and other documents necessary for the operation of such a business. Allows multi- ple wholesale licenses for different types of alcohol held by the same entity to operate on the same licensed premises. This Part incorporates the Executive's FY 25 State Budget language found within PPGG Part I, adding a new section 97-d and amending section 104 of the ABC Law. Part N (200' Rule) - Modifies the 200' rule that prevents the issuance of a retail license for on-premises consumption when the premises is on the same street and within 200' of a school or place of worship. This proposal would allow the SLA to issue such retail licenses when the owner or administrator of a school or place of worship affirmatively states its support, amending sections 64, 64-a, 64-b, 64-c, and 64-d of the ABC Law. Part 0 (500' Rule) - Limits the applicability of the 500' rule that prevents the issuance of a retail license for on-premises consumption when the premises is within 500' of three or more licensed and existing premises to a county having a population between one million six hundred thousand and one million seven hundred thousand, amending sections 64, 64-a, 64-b, 64-c, and 64-d of the ABC Law. Part P (Allowing Non-Ground Level Off-Premises Retailers) - Removes the requirement that a retail license for off-premises consumption only be granted to stores located at street level. This Part incorporates the Executive's proposed FY 25 State Budget language found within PPGG Part H. JUSTIFICATION: New York's nearly 100-year-old alcohol laws are amongst the strictest and most antiquated in the country. Therefore, the 21-member Commission to Study Reform of the Alcoholic Beverage Control Law was established through the FY 2023 State Budget in order to make recommendations lead- ing to modernization and simplification of these laws. The Commission addressed issues including but not limited to the alcohol industry's state economic impact, changes in laws and resources to speed up license application processing, and general reform proposals as voted on by stakeholders. Representatives from across the industry included alcohol producers, wholesalers, and on- and off-premises retailers, as well as policymakers and regulators. This legislation embodies the recommenda- tions of the Commission issued as part of its May 2023 final report and represents much-needed changes for a major and multi-pronged industry in New York to survive and thrive in the 21st Century. LEGISLATIVE HISTORY: Senate 2023 - S6785A, Reported from Investigations & Government Oper- ations and Committed to Commerce, Economic Development, and Small Busi- ness FISCAL IMPLICATIONS: TBD EFFECTIVE DATE: This act shall take effect immediately provided, however, that the applicable effective date of Parts A through P of this act shall be as specifically set forth in the last section of such Parts.
2023-S6785B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6785--B 2023-2024 Regular Sessions I N S E N A T E May 9, 2023 ___________ Introduced by Sens. SKOUFIS, JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Investigations and Government Oper- ations in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 providing for certain temporary permits (Part B); to amend the alcoholic beverage control law, in relation to authorizing special permits to remain open during certain hours of the morning (Part C); to amend the alcoholic beverage control law, in relation to permitting certain retail licensees to purchase wine and liquor from certain other retail licensees (Part D); to amend the alcoholic beverage control law, in relation to permissible sales by license holders (Part E); to amend the alcoholic beverage control law, in relation to allowing multiple off-premises licenses (Part F); to amend the alcoholic beverage control law, in relation to licensing restrictions for manufacturers and wholesalers of alcoholic beverages and retail licensees (Part G); to amend the alcoholic beverage control law, in relation to the approval of seven day licenses to sell liquor at retail for consumption off the premises (Part H); to amend the alcoholic beverage control law, in relation to adjusting licensing fees regarding certain alcoholic beverages (Part I); to amend the alcoholic beverage control law, in relation to notifying munici- palities of the filing of certain applications (Part J); to amend the alcoholic beverage control law, in relation to changes of ownership of a licensed business (Part K); to amend the alcoholic beverage control law, in relation to the issuance of temporary retail permits; and to amend chapter 396 of the laws of 2010 amending the alcoholic EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD11092-10-4 S. 6785--B 2 beverage control law relating to liquidator's permits and temporary retail permits, in relation to the effectiveness thereof (Part L); to amend the alcoholic beverage control law, in relation to 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 M); 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 N); 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 O); and to repeal subdivision 2 of section 105 of the alcoholic beverage control law, in relation to requiring wine and liquor be sold at street level (Part P) 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 P. 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 chapter 124 of the laws of 2021, is amended to read as follows: § 4. This act shall take effect immediately [and shall expire and be deemed repealed twelve years after such date]. § 2. This act shall take effect immediately. PART B Section 1. Subdivision 1 of section 98 of the alcoholic beverage control law, as amended by chapter 703 of the laws of 2022, is amended to read as follows: 1. The liquor authority is hereby authorized to issue to a retail licensee for on-premises consumption or a licensed off-premises caterer furnishing provisions and service for use at a particular function, occasion or event in a hotel, restaurant, club, ballroom or other prem- ises a temporary [indoor] permit effective for a period not to exceed twenty-four consecutive hours, which shall authorize the service of alcoholic beverages at such function, occasion or event 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 S. 6785--B 3 retail for on-premises consumption in the community in which is located the premises in which such function, occasion or event is held. The fee therefor shall be thirty-eight dollars. Such a permit and the exercise of the privilege granted thereby may be subjected to such rules by the liquor authority as it deems necessary and such rules as are in conform- ity with the provisions of subdivision two of this section. Such a permit may also be issued for functions, occasions or events at premises for which a summer license has been previously issued pursuant to this chapter. § 2. Subdivision 1 of section 97 of the alcoholic beverage control law, as amended by section 19 of part Z of chapter 85 of the laws of 2002, is amended to read as follows: 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 [and], wine [manufactured in New York state], 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. § 3. This act shall take effect immediately, and shall apply to all applications received by the state liquor authority on and after such date. PART C Section 1. Subdivision 1 of section 99 of the alcoholic beverage control law, as amended by section 22 of part Z of chapter 85 of the laws of 2002, is amended to read as follows: 1. Any person licensed to sell alcoholic beverages for consumption on the premises pursuant to this chapter may apply to the liquor authority for a special permit [to remain open on any week day between the hours of four o'clock a.m. or the closing hour prescribed by a rule adopted in a county on or before April first, nineteen hundred ninety-five or pursuant to subdivision eleven of section seventeen of this chapter, and eight o'clock a.m]. A PERMIT ISSUED UNDER THIS SECTION SHALL AUTHORIZE THE HOLDER OF A RETAIL ON-PREMISES LICENSE TO SELL OR SERVE ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES ON THE MORNING OF JANUARY FIRST BETWEEN FOUR O'CLOCK A.M. OR SUCH OTHER HOUR THAT THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION MUST CEASE IN THE COMMU- NITY IN WHICH THE LICENSED PREMISES IS LOCATED, AND EIGHT O'CLOCK A.M. The fee for such permit shall be fifty-one dollars per day. § 2. This act shall take effect on the sixtieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART D S. 6785--B 4 Section 1. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 2-b to read as follows: 2-B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL BE AUTHORIZED TO PURCHASE UP TO TWELVE BOTTLES OF WINE AND LIQUOR PER WEEK FROM AN OFF- PREMISES RETAIL LICENSEE, AND MAY RESELL ANY WINE AND LIQUOR SO PURCHASED FOR CONSUMPTION ON THE PREMISES LICENSED THEREFOR. § 2. Section 105 of the alcoholic beverage control law is amended by adding a new subdivision 25 to read as follows: 25. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, A RETAIL LICENSEE TO SELL LIQUOR AND/OR WINE FOR CONSUMPTION OFF THE PREM- ISES SHALL BE AUTHORIZED TO SELL UP TO TWELVE BOTTLES OF WINE AND LIQUOR PER WEEK TO A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION. § 3. This act shall take effect immediately. PART E 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 S. 6785--B 5 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 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 S. 6785--B 6 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, account transfers, deposits, cash withdrawals, balance inquiries and loan payments. § 3. This act shall take effect immediately. PART F Section 1. Subdivision 5 of section 63 of the alcoholic beverage control law is amended to read as follows: 5. Not more than [one license] TWO LICENSES shall be granted to any person under this section. § 2. This act shall take effect immediately. PART G Section 1. The opening paragraph of paragraph (a) of subdivision 1 of section 101 of the alcoholic beverage control law, as amended by chapter 318 of the laws of 2016, is amended to read as follows: Be interested directly or indirectly in any premises LICENSED UNDER THIS CHAPTER where any alcoholic beverage is sold at retail; or in any business LICENSED UNDER THIS CHAPTER devoted wholly or partially to the sale of any alcoholic beverage at retail by stock ownership, interlock- ing directors, mortgage or lien or any personal or real property, or by any other means. The provisions of this paragraph shall not apply to § 2. The opening paragraph of paragraph (a) of subdivision 13 of section 106 of the alcoholic beverage control law, as amended by chapter 453 of the laws of 2018, is amended to read as follows: No retail licensee for on-premises consumption shall be interested, directly or indirectly, in any premises LICENSED UNDER THIS CHAPTER where liquors, wines or beer are manufactured or sold at wholesale, by stock ownership, interlocking directors, mortgage or lien on any personal or real property or by any other means, except that liquors, wines or beer may be manufactured or sold wholesale by the person licensed as a manufacturer or wholesaler thereof: § 3. This act shall take effect immediately. PART H Section 1. Subdivision 6 of section 63 of the alcoholic beverage control law, as added by chapter 1024 of the laws of 1965, is amended to read as follows: 6. Determinations under this section with respect to APPROVING the issuance of a new license or under section one hundred eleven OF THIS CHAPTER with respect to the transfer to any other premises of a license issued hereunder, shall be made [in accordance with public convenience and advantage] UNLESS THERE IS GOOD CAUSE SHOWN FOR DISAPPROVAL BY THE LIQUOR AUTHORITY. § 2. 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 S. 6785--B 7 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. PART I Section 1. Subdivisions 3 and 4 of section 93 of the alcoholic bever- age control law, subdivision 3 as amended by section 12 of part Z of chapter 85 of the laws of 2002 and subdivision 4 as amended by chapter 297 of the laws of 2016, are amended to read as follows: 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, subdivisions 1 and 2 as amended by section 19 of part Z of chapter 85 of the laws of 2002, and subdivision 4 as added by chapter 120 of the laws of 2012, is amended to read as follows: § 97. Temporary beer and wine permit. 1. The liquor authority is here- by authorized to issue temporary permits effective for a period not to exceed twenty-four consecutive hours to authorize the sale of beer and wine manufactured in New York state at outdoor or indoor gatherings, functions, occasions or events, within the hours fixed by or pursuant to subdivision five of section one hundred six of this chapter, during which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages at retail for on-premises consump- tion in the community in which is located the premises in which such gathering, function, occasion or event is held. The fee for such permit shall be [twenty-six] TWENTY-FIVE dollars. Such permit and the exercise of the privilege granted thereby shall be subject to such rules of the liquor authority as it deems necessary. 2. The liquor authority is hereby authorized to issue an annual permit to brewers and beer wholesalers authorizing such licensees to sell beer for consumption at outdoor or indoor gatherings, functions, occasions or S. 6785--B 8 events, provided that such gatherings are not open to admission to the general public nor is admission thereto made contingent upon the payment of an admission fee, donation or contribution, and further provided that such beer is not resold at such gatherings. Every brewer or beer whole- saler to whom a permit shall be issued hereunder shall require every person to whom beer shall be sold for use at such gatherings to make, execute and file with such brewer or beer wholesaler, upon a form to be prescribed by the liquor authority, a statement, that the beer purchased by such person will not be sold or offered for sale by such person. Such statement shall be accepted for all purposes as the equivalent of an affidavit, and if false, shall subject the person making and executing the same to the same penalties as if [he 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. § 4. Paragraph (b) of subdivision 2 and subdivision 4 of section 97-a of the alcoholic beverage control law, as added by chapter 396 of the laws of 2010, are amended to read as follows: (b) the applicant shall have filed with the authority an application for a temporary retail permit, accompanied by a nonrefundable filing fee of one hundred [twenty-eight] TWENTY-FIVE dollars for all retail beer licenses or six hundred forty dollars for all other retail licenses; 4. A temporary retail permit issued by the authority pursuant to this section shall be for a period not to exceed ninety days. A temporary permit may be extended at the discretion of the authority, for an addi- tional thirty day period upon payment of an additional fee of [sixty- four] SIXTY dollars for all retail beer licenses and [ninety-six] NINE- TY-FIVE dollars for all other temporary permits and upon compliance with all conditions required in this section. The authority may, in its discretion, issue additional thirty day extensions upon payment of the appropriate fee. § 5. Subdivisions 2 and 3 of section 99-d of the alcoholic beverage control law, subdivision 2 as amended by chapter 560 of the laws of 2011 and subdivision 3 as amended by section 24 of part Z of chapter 85 of the laws of 2002, are amended to read as follows: 2. Before any change in the members of a limited liability company or the transfer or assignment of a membership interest in a limited liabil- ity company or any corporate change in stockholders, stockholdings, alcoholic beverage officers, officers or directors, except officers and directors of a premises licensed as a club or a luncheon club under this chapter can be effectuated for the purposes of this chapter, there shall be filed with the liquor authority an application for permission to make such change and there shall be paid to the liquor authority in advance upon filing of the application a fee of one hundred [twenty-eight] TWEN- TY-FIVE dollars. S. 6785--B 9 (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. (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. S. 6785--B 10 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 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 S. 6785--B 11 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: § 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 S. 6785--B 12 clubs in the counties of New York, Kings, Bronx, Queens, Nassau, Rich- mond and Westchester, two hundred fifty dollars, and elsewhere one hundred [eighty-seven] EIGHTY-FIVE dollars [and fifty cents]. Notwith- standing any other provision of law to the contrary, there shall be no annual fee for a license, under section sixty-four, to sell liquor at retail to be consumed on the premises where the applicant is an organ- ization organized under section two hundred sixty of the military law and incorporated pursuant to the not-for-profit corporation law. Provided, however, that where any premises for which a license is issued pursuant to section sixty-four or sixty-four-a of this article remain open only within the period commencing April first and ending October thirty-first of any one year, or only within the period commencing Octo- ber first and ending the following April thirtieth, the liquor authority may, in its discretion, grant a summer or winter license effective only for such appropriate period of time, for which a license fee shall be 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 S. 6785--B 13 consumed on the premises, as set forth in subdivision four of this section. 10. Notwithstanding any provision to the contrary, the annual fee for a license for an establishment defined as an owner-occupied residence providing at least three but no more than five rooms for temporary tran- sient lodgers with sleeping accommodations and a meal in the forenoon of the day, known as a "bed and breakfast dwelling" as authorized by subdi- vision five-a of section sixty-four of this article, shall be two hundred dollars plus fifteen dollars per each available bedroom. § 10. Subdivision 1 of section 79-a of the alcoholic beverage control law, as amended by section 5 of part Z of chapter 85 of the laws of 2002, is amended to read as follows: 1. Any person licensed to sell beer at retail for consumption off the premises, pursuant to section fifty-four of this chapter, shall, by virtue of such license and upon payment to the liquor authority of an additional fee in the sum of one hundred sixty-five dollars in cities 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. S. 6785--B 14 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 (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 S. 6785--B 15 receiver, assignee for the benefit of creditors or a committee or conservator of the property of an individual holding any license or holding a permit for which an annual fee of one hundred dollars or more is prescribed by this chapter be appointed, during the time for which such license or permit was granted, or if a person, including a member of a copartnership, holding any license or holding a permit for which an annual fee of one hundred dollars or more is prescribed by this chapter shall die during the term for which such license or permit was given, such corporation, copartnership, receiver or assignee, or the adminis- trator or executor of the estate of such individual, or of such deceased member of a copartnership, or a committee of the property of a person adjudged to be incompetent, or a conservator of the property of an indi- vidual, or a petition under title eleven of the United States code shall have been filed and a trustee has been appointed or the holder of the license [of] OR permit has been permitted to remain in possession with- out the appointment of a trustee, may continue to carry on such business upon such premises for the balance of the term for which such license or permit was effective, with the same rights and subject to the same restrictions and liabilities as if [he] 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 J Section 1. The opening paragraph of subdivision 1 of section 110-b of the alcoholic beverage control law, as amended by chapter 222 of the laws of 2019, is amended to read as follows: Not [less than thirty nor] more than two hundred [and] seventy days before filing any of the following applications, an applicant shall notify the municipality in which the premises is located of such appli- cant's intent to file such an application: § 2. This act shall take effect immediately. PART K S. 6785--B 16 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 L Section 1. Subdivision 3 of section 97-a of the alcoholic beverage control law, as amended by chapter 106 of the laws of 2022, is amended to read as follows: 3. A temporary retail permit under paragraph (b) of subdivision one of this section may not be issued for any premises that is subject to the provisions of section sixty-three or seventy-nine of this chapter; a temporary retail permit under paragraph (b) of subdivision one of this section shall not be issued for a premises subject to the provisions of paragraph (b) of subdivision seven of section sixty-four, subparagraph (ii) of paragraph (a) of subdivision seven of section sixty-four-a, subparagraph (ii) of paragraph (a) of subdivision eleven of section sixty-four-c, or paragraph (b) of subdivision eight of section sixty- four-d OF THIS CHAPTER, unless and until a recommendation that there be a finding of public interest has been made by an administrative law judge pursuant to paragraph (f) of subdivision seven of section sixty- four, paragraph (d) of subdivision seven of section sixty-four-a, para- graph (c) of subdivision five of section sixty-four-b, paragraph (c) of subdivision eleven of section sixty-four-c, or paragraph (e) of subdivi- sion eight of section sixty-four-d of this chapter. Provided however, any premises granted a temporary retail permit pursuant to this subdivi- sion in a city with a population of one million or more people shall only be allowed to operate on the premises under the following condi- tions: [an active] NO retail license [shall have existed] at the APPLIED FOR location [within the past two years, and such license] shall [not] have been canceled, suspended, or revoked by the authority within the past two years; the closing time any day of the week shall be no later than midnight; provided however that the closing time of any outdoor space shall be no later than ten o'clock post-meridian Sunday through Thursday and eleven o'clock post-meridian Friday and Saturday; no outdoor music; indoors shall have recorded background music only, with no live music, DJ's, karaoke, or similar forms of music; and no dancing. The authority shall automatically lift such restrictions if the authori- ty issues a retail license for the premises, and replace such restrictions with other restrictions, if any, imposed by the authority in accordance with the public interest standard. S. 6785--B 17 § 2. Subdivision 4 of section 97-a of the alcoholic beverage control law, as added by chapter 396 of the laws of 2010, is amended to read as follows: 4. A temporary retail permit issued by the authority pursuant to this section shall be for a period not to exceed ninety days. A temporary permit may be extended at the discretion of the authority, for an addi- tional [thirty] NINETY day period upon payment of an additional fee of sixty-four dollars for all retail beer licenses and ninety-six dollars for all other temporary permits and upon compliance with all conditions required in this section. The authority may, in its discretion, issue additional [thirty] NINETY day extensions upon payment of the appropri- ate fee. § 3. Subdivision 6 of section 97-a of the alcoholic beverage control law, as added by chapter 396 of the laws of 2010, is amended to read as follows: 6. The holder of a temporary retail permit shall [purchase alcoholic beverages only by payment in currency or check for such alcoholic bever- ages on or before the day such alcoholic beverages are delivered, provided, however, that the holder of a temporary permit issued pursuant to this section who also holds one or more retail licenses and is oper- ating under such retail license or licenses in addition to the temporary retail permit, and who is not delinquent under the provisions of section one hundred one-aa of this chapter as to any retail license under which he operates, may purchase alcoholic beverages on credit under the tempo- rary permit] BE SUBJECT TO SECTIONS ONE HUNDRED ONE-AA AND ONE HUNDRED ONE-AAA OF THIS CHAPTER. § 4. Section 5 of chapter 396 of the laws of 2010 amending the alco- holic beverage control law relating to liquidator's permits and tempo- rary retail permits, as amended by section 1 of part O of chapter 55 of the laws of 2023, is amended to read as follows: § 5. This act shall take effect on the sixtieth day after it shall have become a law[, provided that paragraph (b) of subdivision 1 of section 97-a of the alcoholic beverage control law as added by section two of this act shall expire and be deemed repealed October 12, 2024]. § 5. This act shall take effect immediately; provided, however, that section two of this act shall take effect on the ninetieth day after it shall have become a law. PART M Section 1. The alcoholic beverage control law is amended by adding a new section 97-d to read as follows: § 97-D. TEMPORARY WHOLESALE PERMIT. 1. ANY PERSON MAY APPLY TO THE LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC BEVER- AGE WHOLESALE 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; S. 6785--B 18 (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) 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 N Section 1. Paragraph (a) of subdivision 7 of section 64 of the alco- holic beverage control law, as amended by chapter 463 of the laws of 2009, is amended to read as follows: (a) on the same street or avenue and within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship; PROVIDED, HOWEVER, THAT THE AUTHORITY MAY ISSUE A S. 6785--B 19 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 § 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 O Section 1. Paragraphs (b) and (f) of subdivision 7 of section 64 of the alcoholic beverage control law, paragraph (b) as amended by chapter S. 6785--B 20 463 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 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 S. 6785--B 21 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 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 S. 6785--B 22 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 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 S. 6785--B 23 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 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. S. 6785--B 24 (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-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, S. 6785--B 25 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 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. PART P Section 1. Subdivision 2 of section 105 of the alcoholic beverage control law is REPEALED. § 2. This act shall take effect immediately, and shall apply to all applications received by the state liquor authority on and after such date. § 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 P of this act shall be as specifically set forth in the last section of such Parts.
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