NY Alcoh Bev Ctrl L § 99-D (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 7 - Special Permits 99-D - Miscellaneous Fees.

§ 99-d. Miscellaneous fees.  1. Before any substantial alteration to a licensed  premises may be undertaken by or on the behalf of any licensee except a micro-winery, a farm winery or  a  roadside  farm  market,  the licensee   shall  make  an  application  to  the  liquor  authority  for permission to effect such alteration.  A  substantial  alteration  shall include  any  enlargement  or contraction of a licensed premises whether indoors or outdoors; any physical change  that  reduces  the  visibility that existed at the time of licensing; any other physical changes in the interior  of a licensed premises that materially affect the character of the  premises;  and,  in  the  case  of  establishments   licensed   for consumption  on  the  premises,  any  material  changes to the dining or kitchen facilities, or any change in the size or  location  of  any  bar within  the  contemplation of subdivision four of section one hundred of this chapter  at  which  alcoholic  beverages  are  dispensed.  A  minor alteration shall be deemed to be one costing and valued at less than ten thousand  dollars, which does not materially affect the character of the premises  or  the  physical  structure  that  existed  at  the  time  of licensing.  Before commencing work on the alteration, any licensee other than a micro-winery, a farm winery or a roadside farm  market  licensee, shall  request  permission  to  effect  such  minor alteration and shall submit an affidavit to the liquor authority by filing the same in person or by certified mail return  receipt  requested  or  overnight  delivery service  with  proof  of mailing on forms prescribed by the authority. A winery, micro-winery, farm winery or roadside farm  market  licensee  is not  required  to  obtain  permission from the authority to make a minor alteration to its premises. The  affidavit  shall  include  but  not  be limited  to a description of the proposed alteration, the cost and value of the alteration,  and  the  source  of  money  making  the  alteration possible.  Upon  receipt  of  such  affidavit,  the authority shall have twenty days in which to review the proposed alteration  and  notify  the licensee  of  any objection to the same by certified mail return receipt requested. If no such objection is made within  such  period  permission shall  be  deemed  to  have  been  granted.  Work  may  commence on such alteration if no objection is received by  the  twenty-fifth  day  after filing  such  affidavit. The cost of an alteration, for purposes of this subdivision, shall be equal to the total sum expended  to  complete  the proposed alteration excluding professional fees.   2.  Before any change in the members of a limited liability company or the transfer or  assignment  of  a  membership  interest  in  a  limited liability   company   or   any   corporate   change   in   stockholders, stockholdings,  alcoholic  beverage  officers,  officers  or  directors, except  officers  and  directors  of  a premises licensed as a club or a luncheon club under this chapter can be effectuated for the purposes  of this  chapter,  there  shall  be  filed  with  the  liquor  authority an application for permission to make such change and there shall  be  paid to  the liquor authority in advance upon filing of the application a fee of one hundred twenty-eight dollars.  (a) The provisions of this section shall not be applicable where there are ten or more stockholders and such change involves less than ten  per centum  of  the  stock  of the corporation and the stock holdings of any stockholder are not increased thereby to ten per centum or more  of  the stock.  (b)   Where  the  same  corporation  operates  two  or  more  premises separately licensed under this chapter a separate corporate change shall be filed for each such licensed premises, except as  otherwise  provided for  by  rule of the liquor authority. The corporate change fee provided for herein shall not be applicable to more than one license held by  the same corporation.  (c)  Notwithstanding any corporate change approved by the authority, a licensed corporation or limited liability company shall be bound by  the representations set forth in the original application and any amendments thereto approved by the authority.   3.  Before  any  removal  of  a license to any premises other than the licensed premises or to any other part of the  building  containing  the licensed  premises, the licensee shall make an application to the liquor authority for permission to effect such removal and  shall  pay  to  the liquor  authority in advance upon filing of the application a fee of one hundred ninety-two dollars where the base license fee  is  five  hundred dollars or more and thirty-two dollars in all other instances.   4.  The  liquor authority may make such rules as it deems necessary to carry out the provisions of this section.