NY Alcoh Bev Ctrl L § 64-C (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 5 - Special Provisions Relating to Liquor 64-C - License to Manufacture and Sell Alcoholic Beverages in a Premises Commonly Known as a Restaurant-Brewer.

§  64-c.  License  to  manufacture  and  sell alcoholic beverages in a premises commonly known as a restaurant-brewer. 1. Any person  may  make an  application to the state liquor authority for a license to operate a restaurant-brewer.   2. Such application shall be in  such  form  and  shall  contain  such information  as  shall  be required by the liquor authority and shall be accompanied by a check or draft in the amount required by  this  section for such license.   4.  Section  fifty-four  of  this  chapter  shall  control  so  far as applicable the procedure in connection with such application.   5. Such restaurant-brewer license shall in form and in substance be  a license  to the person specifically licensed to operate a restaurant and sell liquor at retail  to  be  consumed  on  the  premises  specifically licensed. Such license shall also be deemed to include a license to:  (a)  sell  wine and beer at retail to be consumed under the same terms and conditions, without the payment of any additional fee;  (b) sell beer brewed on the premises to other retail licensees,  where such  other  retail  license  is  held  by  the  same person holding the restaurant-brewer license, or such other retail license  is  a  commonly owned  affiliate  license, provided that such beer is sold through a New York state licensed beer wholesaler;  (c) sell no more than two thousand  barrels  of  beer  brewed  on  the premises  to  other retail licensees, where such other retail license is not held by the same person holding the restaurant-brewer  license,  and such  other  retail  license  is not a commonly owned affiliate license, provided that such beer is sold through a New York state  licensed  beer wholesaler; provided however such licensee may sell at wholesale without the use of a licensed beer wholesaler up to two hundred fifty barrels of those  two  thousand barrels to other retail licensees, where such other retail  license  is  not  held  by   the   same   person   holding   the restaurant-brewer  license,  and  such  other  retail  license  is not a commonly owned affiliate license; and  (d) sell no more than two thousand  barrels  of  beer  brewed  on  the licensed  premises  at  retail to a person for consumption in their home and at retail in bulk by the keg, cask or barrel for consumption and not for resale.   6. A license under this section may only be granted to  a  person  who regularly and in a bona fide manner brews beer on the premises.   7.  Not  more  than five licenses shall be granted to any person under this section.   8. A person holding one or more licenses under this section may  brew, in the aggregate, no more than twenty thousand barrels of beer per year.   9. On or within thirty days of the effective date of this section, any person  who  holds  a  brewer's  license under section fifty-one of this chapter as well as a license to sell beer, wine and liquor at retail for consumption on the premises may file  an  application  with  the  liquor authority  to  convert those licenses into a license under this section. Such an application shall be granted by the authority  except  for  good cause  shown.  The  granting  of  such  an  application shall constitute conversion of said license into a restaurant-brewer license  subject  to the provisions of this chapter applicable to restaurant-brewers licenses issued under this section.   10.  (a)  For purposes of sections one hundred one and one hundred six of this chapter, a person licensed under this section shall be deemed  a "retailer" as that term is defined within section three of this chapter. Notwithstanding  any provision of this chapter to the contrary, a person licensed under this section may also be licensed (or interested directly or indirectly in a license) to sell liquor at retail to be  consumed  on  or  off the premises under section fifty-four, fifty-four-a, fifty-five, fifty-five-a, seventy-nine or eighty-one of  this  chapter  or  sections sixty-four, sixty-four-a, sixty-four-b and sixty-four-d of this article.  (b)  No  manufacturer  or  wholesaler  of  alcoholic  beverages may be granted a license  to  operate  a  restaurant-brewer  pursuant  to  this section.  Any  person  who  has  an  interest  in  premises eligible for conversion under subdivision nine of this section shall  not  be  issued any license under this section unless and until a conversion application has been filed with and approved by the authority.   11. (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 thousand or  more  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.  (b)  Within the context of this subdivision, the word "entrance" shall mean a door of a school, of a house of worship, or 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 or of the premises  sought  to  be  licensed,  regularly  used  to give ingress to students of the school, to the general public  attending  the  place  of worship, and to patrons or guests of the 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  or  of  the  premises sought to be licensed, except that where a school or house of worship or 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  is  set  back from a public thoroughfare, the walkway or stairs leading  to  any  such  door  shall  be  deemed  an  entrance;  and  the measurement shall be taken to the center of the walkway or stairs at the point  where  it  meets the building line or public thoroughfare. A door which has no exterior hardware, or which is used solely as an  emergency or  fire exit, or for maintenance purposes, or which leads directly to a part of a building not regularly used by the general public or  patrons, is not deemed an "entrance".  (c)  Notwithstanding  the provisions of subparagraph (ii) of paragraph (a) of this subdivision, 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 municipality  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  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 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 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 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.  (d)  Within  the context of this subdivision, a building occupied as a place of worship does not cease to be "exclusively" occupied as a  place of  worship  by incidental uses that are not of a nature to detract from the predominant character of the building as a place  of  worship,  such uses which include, but which are not limited to: the conduct of legally authorized  games  of  bingo or other games of chance held as a means of raising  funds  for  the  not-for-profit  religious  organization  which conducts  services  at  the place of worship or for other not-for-profit organizations  or  groups;  use  of  the   building   for   fund-raising performances by or benefitting the not-for-profit religious organization which  conducts services at the place of worship or other not-for-profit organizations or groups; the use of  the  building  by  other  religious organizations  or  groups  for religious services or other purposes; the conduct of social activities by or for the benefit of  the  congregants; the  use  of  the  building for meetings held by organizations or groups providing bereavement counseling to persons having suffered the loss  of a  loved  one, or providing advice or support for conditions or diseases including, but not  limited  to,  alcoholism,  drug  addiction,  cancer, cerebral  palsy, Parkinson's disease, or Alzheimer's disease; the use of the building for blood drives,  health  screenings,  health  information meetings, yoga classes, exercise classes or other activities intended to promote  the  health of the congregants or other persons; and use of the building by non-congregant members of the community for  private  social functions. The building occupied as a place of worship does not cease to be "exclusively" occupied as a place of worship where the not-for-profit religious  organization  occupying  the  place  of  worship  accepts the  payment of funds to defray costs related to another party's use  of  the building.   12.  The  fee  for an original and a renewal restaurant-brewer license shall be fifty-eight hundred fifty dollars in the counties of New  York, Kings, Bronx and Queens; forty-three hundred fifty dollars in the county of  Richmond  and in cities having a population of more than one hundred thousand and less than one million; thirty-six hundred dollars in cities having a population of more  than  fifty  thousand  and  less  than  one hundred  thousand;  and  the  sum  of twenty-eight hundred fifty dollars elsewhere. Said license shall run  for  a  period  of  three  years.  In addition  to  the  license  fees provided for in this subdivision, there shall be paid to the authority with each initial  application  a  filing fee  of  two  hundred dollars and with each renewal application a filing fee of one hundred dollars.   13. (a) A licensee or his or her employee may serve small  samples  of beer   or   malt   beverages  he  or  she  produces  at  their  licensed establishments.  (b) Each serving at such tasting shall be served only by the brewer or his or her employee and shall be limited to three ounces or  less  of  a brand of beer or malt beverage produced by the brewer and no consumer of legal  age  shall  be  provided  or given more than two servings of such brands offered for tasting.  (c) The authority is authorized and directed to promulgate such  rules and  regulations,  as it deems necessary or appropriate to implement the provisions of this subdivision to protect the health, safety and welfare of the people of this state.   14. Notwithstanding the provisions of subdivision six of this  section or  of  subdivision thirteen of section one hundred six of this chapter, the authority may issue a restaurant brewer's license pursuant  to  this section  for a premises which shall be located wholly within the town of Ulster, county of Ulster, state of New York, bounded  and  described  as follows:   ALL  that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in  the  Town  of Ulster,  County  of  Ulster  and  the  State  of  New  York, bounded and described as follows:   BEGINNING at a point on the Northeasterly side of City  View  Terrace, said  point  being  the Westerly corner of the lands of the State of New York and a Southwesterly corner of the herein described  parcel;  THENCE from  said  point of beginning along the Northeasterly side of City View Terrace, North 43 degrees 36 minutes 03 seconds West, 109.02 feet  to  a point  on  the Southeasterly side of Forest Hill Drive; THENCE along the Southeasterly side  of  Forest  Hill  Drive  the  following  course  and distances,  North 16 degrees 32 minutes 34 seconds West, 92.62 feet to a point; THENCE North 10 degrees 38 minutes 26 seconds East, 70.45 feet to a point; THENCE North 35 degrees 53 minutes 26 seconds East, 122.45 feet to a point; THENCE North 46 degrees 30 minutes 26 seconds  East,  203.40 feet  to  a  point;  THENCE North 62 degrees 37 minutes 26 seconds East; 115.94 feet to a point; THENCE North 79 degrees 39  minutes  26  seconds East,  47.82  feet  to  a  point;  THENCE North 45 degrees 16 minutes 41 seconds East, 63.33 feet to a recovered bar; THENCE along the bounds  of lands  of now or formerly Skytop Village Associates, L. 1916-P. 134, the following courses and distances, South 37 degrees 08 minutes 02  seconds East, 196.33 feet to a recovered bar; THENCE South 65 degrees 47 minutes 02  seconds  East,  90.63  feet  to  a point; THENCE North 77 degrees 23 minutes 58 seconds East, 233.85 feet to a recovered bar; THENCE North 85 degrees 29 minutes 58 seconds East, 297.09  feet  to  a  recovered  bar; THENCE  South  63  degrees  30 minutes 02 seconds East, 108.50 feet to a  recovered bar; THENCE along the bounds  of  lands  of  now  or  formerly Robert  D.  Sabino,  L.  1487-P.  397,  and along a stone wall, South 32 degrees 24 minutes 04 seconds West,  353.51  feet  to  a  point;  THENCE leaving  said  stone  and  along  the bounds of lands of now or formerly Stanley Amerling, L. 1440-P. 908, South 75 degrees 41 minutes 26 seconds West, 264.62 feet to a point; THENCE along the bounds of lands of Summit Properties, LLC, L. 2856-P. 82, the  following  courses  and  distances, North  41  degrees  29  minutes  34 seconds West, 50.00 feet to a point; THENCE South 71 degrees 10 minutes 26 seconds  West,  89.84  feet  to  a point;  THENCE  South 59 degrees 51 minutes 26 seconds West, 251.72 feet to a point; THENCE South 13 degrees 15 minutes 34  seconds  East,  90.20 feet  to  a point; THENCE along the bounds of lands of said State of New York, the following courses and distances, North 56 degrees  41  minutes 34  seconds  West,  168.79  feet  to a point; THENCE North 75 degrees 51 minutes 34  seconds  West,  254.10  feet  to  the  point  and  place  of beginning.  Being  the same premises as conveyed to Skytop Motel, LLC by deed of Stewart Title, as agent of  the  grantor,  Skytop  Motel,  Inc., dated  April  29,  2003  and recorded in the office of the Ulster County Clerk on June 10, 2003 as document no. 2003-00016207, Receipt no. 48178, Bk-D VI-3621, pg-171.   15. Notwithstanding the provisions of subdivision six of this  section or  of  subdivision thirteen of section one hundred six of this chapter, the authority may issue a restaurant brewer's license pursuant  to  this section  for a premises which shall be located wholly within the city of Peekskill, county  of  Westchester,  state  of  New  York,  bounded  and described as follows:   Any  such  premises  or business located on all that certain parcel of land situate in the City of Peekskill, County of Westchester  and  State of  New  York,  that  is  a  portion  of Parcel I as it is shown on that certain map entitled, "Survey . . at Charles Point . . " which was filed in the Westchester County Clerk's Office on October 23, 1980 as Map  No. 20407 that is bounded and described as follows:   BEGINNING at a point on the easterly shoreline of the Hudson River and within  the bounds of the said Parcel I as it is shown on the said Filed Map NO. 20407, which point occupies coordinate position:   North 464418.83 (y)   East 607401.00 (x)   of the New York State Coordinate System, East Zone and which point  is distant,  the  following courses from the southerly corner of the Parcel shown on Map No. 20407 that occupies coordinate position   North 463520.804 (y)   East 608470.681 (x)   of the aforesaid New York State Coordinate System, East Zone:   North 47 degrees 30' 36" West 856.60 feet,   North 77 degrees 10' 53" West 488.18 feet,   North 41 degrees 17' 53" West 113.32 feet and   North 41 degrees 50' 16" East 169.08 feet;   THENCE from the said  point  of  beginning  along  the  said  easterly shoreline (high water mark) of the east bank of the Hudson River:   Due North 16.17 feet,   North 53 degrees 58' 22" West 13.60 feet,   North 73 degrees 04' 21" West 24.04 feet,   North 63 degrees 26' 06" West 22.36 feet,   North 82 degrees 18' 14" West 37.34 feet,   North 64 degrees 47' 56" West 37.58 feet,   South 82 degrees 52' 30" West 16.12 feet,   North 61 degrees 41' 57" West 14.76 feet and   South 21 degrees 48' 05" West 9.71 feet;    THENCE  leaving  the high water mark and running across a peninsula of land and along the division line between Parcel I and Parcel II as shown on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to another point on the said easterly shoreline (high water  mark)  of  the East Bank of the Hudson River;   THENCE  northerly  along  the  said  high  water  mark,  the following courses:   North 3 degrees 00' 46" West 17.54 feet,   North 13 degrees 45' 39" West 50.45 feet,   North 10 degrees 49' 23" West 69.23 feet,   North 0 degrees 47' 22" West 52.48 feet to a point which is the  point of  beginning  of the hereinafter described 40 foot easement which point occupies coordinate position   North 464676.48 (y)   East 607189.28 (x)   of the New York State Coordinate System, East Zone;   THENCE continuing along the aforesaid easterly shoreline  (high  water mark) of the East Bank of the Hudson, the following courses:   North 10 degrees 18' 17" West 23.91 feet,   North 39 degrees 04' 58" West 21.39 feet,   North 20 degrees 13' 30" West 21.74 feet,   North 39 degrees 02' 08" West 95.27 feet,   North 13 degrees 08' 02" West 30.81 feet,   North 18 degrees 26' 06" West 53.76 feet,   North 28 degrees 10' 43" West 63.53 feet,   North 18 degrees 26' 06" West 50.60 feet,   North 37 degrees 14' 05" West 31.40 feet,   North 21 degrees 15' 02" West 96.57 feet,   North 32 degrees 00' 19" West 47.17 feet,   North 1 degree 18' 07" West 44.01 feet and   North  17  degrees 14' 29" East 29.32 feet to a point on the southerly line of lands under lease to the County of Westchester (Resco Site);   THENCE along the said County of Westchester (Resco  Site)  lands:  Due East  432.31  feet  to a point on the westerly line of an easement and a right-of-way leading to Charles Point Avenue;   THENCE along the said westerly and  southwesterly  line  of  the  said right-of-way  leading to Charles Point Avenue: Due South 241.16 feet and South 27 degrees 13' 00" East 406.90 feet to a point;   THENCE leaving the said easement and running along other lands now  or formerly  of  The City of Peekskill Industrial Development Agency, South 41 degrees 50' 16" West  270.01  feet  to  the  aforementioned  easterly shoreline (high water mark) of the East Bank of the Hudson River and the point or place of beginning.   TOGETHER  with an easement over all that parcel of land situate in the City of Peekskill, County of Westchester and State of New York  that  is more particularly bounded and described as follows:   BEGINNING at a point on the westerly line of Charles Point Avenue with the  said westerly line is intersected by the line dividing the easement herein described on the south from lands under lease to  the  County  of Westchester  (Resco  Site)  on the north which point occupies coordinate position:   North 464719.99 (y)   East 608004.15 (x)   of the New York State Coordinate System, East Zone;   THENCE from the said point  of  beginning  southerly  along  the  said westerly  line  of  Charles  Point Avenue, South 14 degrees 54' 00" West 103.48 feet to a point;    THENCE westerly along other lands of the City of Peekskill  Industrial Development  Agency:  Due  West  396.44  feet  to  a  point which is the easterly most corner of the  lands  of  Point  Associates,  the  grantee herein;   THENCE  along  the  northeasterly  line  of the said Point Associates' land, North 27 degrees 13' 00" West 406.90 feet  and  Due  North  241.16 feet to a point on the southerly line of the aforementioned lands leased to the County of Westchester (Resco Site);   THENCE easterly along the said southerly line Due East 75.00 feet to a point;   THENCE southeasterly and easterly still along the said lands leased to the County of Westchester (Resco Site) the following courses:   Due South 223.00 feet,   South 27 degrees 13' 00" East 314.87 feet and   Due  East  390.14  feet to the aforementioned westerly line of Charles Point Avenue and the point or place of BEGINNING.   TOGETHER WITH a non-exclusive easement for utilities, and ingress  and egress over that certain right of way leading from Charles Point Avenue, now  known  as  John E. Walsh Boulevard, in a westerly and northwesterly direction to the above described premises and as more fully described in the Declaration of Easement recorded in Liber 8888 cp 35.