NY Alcoh Bev Ctrl L § 98 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 7 - Special Permits 98 - Caterer's Permit.

§ 98. Caterer's  permit.  1. The liquor authority is hereby authorized   to issue to caterers and other persons furnishing provisions and service   for use at  a  particular  function,  occasion  or  event  in  a  hotel,   restaurant,  club,  ballroom or other premises 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  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  conformity  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.  Except for good cause shown, the liquor authority shall issue upon   proper application and payment of fee, an on-premises  caterer's  permit   to  a  club licensed pursuant to the provisions of this chapter upon the   club premises if it is shown:a. That the club has not solicited  the  event,  nor  advertised  such   affair  in  any manner as open to the public and the alcoholic beverages   shall be sold only to persons invited to and  attending  such  function,   occasion or event; andb.  (see, also, par. b below) That the particular function or event is   to be held by a sodality, an auxiliary or other organization  affiliated   with  the licensed club and also other organizations not affiliated with   a licensed club, provided  the  function  or  event  being  held  is  in   conjunction with the use of the primary athletic or sports facilities of   the licensed club; andb. (see, also, par. b above) The particular function or event is to be   held  by  a  sodality  or  auxiliary  affiliated  with  the  club,  or a   particular charitable or non-profit function or event is to be held by a   charitable or non-profit organization and such organization has  one  or   more members who are also members of the club.3.  The liquor authority may issue upon proper application and payment   of fee, an on-premises caterer's permit to a club licensed  pursuant  to   the provisions of this chapter if the facts set forth in the application   establish  to  the  satisfaction of the authority that no other suitably   licensed premises authorized to sell alcoholic beverages to  the  public   is available within a reasonable distance.4.  A  caterer's  permit  will not be granted to a club licensed for a   function to  be  held  off  the  club  premises  except  where  such  is   exclusively  for  the use and benefit of the club members only and is so   restricted.5. Notwithstanding any other provision of this chapter or any rule  of   the  liquor  authority,  the  liquor  authority  is hereby authorized to   issue, to caterers and other persons furnishing provisions and  services   for  use  at  a particular function or occasion or event to be held at a   winery  or  farm  winery,  a  temporary  indoor  and/or  outdoor  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 as 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 function, occasion or event is held. The issuance  of  a  caterer's   permit under this section shall in no way prohibit or suspend the lawful   operation  of the winery or farm winery licensed under this chapter. For   purposes of this subdivision, both the permittee and the winery or  farm   winery  licensee shall be responsible for any violations of this chapter   or the rules of the authority occurring while the permit is  in  effect.   Liability  under  the  provisions  of  sections 11-100 and 11-101 of the   general obligations law shall accrue  to  both  the  permittee  and  the   winery  or  farm  winery  licensee.  The  fee  for  the  permit 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.