NY Alcoh Bev Ctrl L § 3 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 1 - Short Title; Policy of State and Purpose of Chapter; Definitions 3 - Definitions.

§  3.  Definitions.  Whenever used in this chapter, unless the context requires otherwise:   1. "Alcoholic  beverage"  or  "beverage"  mean  and  include  alcohol, spirits,  liquor,  wine,  beer, cider and every liquid, solid, powder or crystal, patented or not, containing alcohol, spirits, wine or beer  and capable  of  being consumed by a human being, and any warehouse receipt, certificate, contract or other document pertaining thereto; except  that confectionery  containing  alcohol  as provided by subdivision twelve of section two hundred of the agriculture and markets law and ice cream and other frozen desserts made with liquor, wine, beer or cider as  provided in  subdivision  fifteen  of  section two hundred of the agriculture and markets law shall  not  be  regulated  as  an  "alcoholic  beverage"  or "beverage"  within  the meaning of this section where the sale, delivery or giving away is to a person aged twenty-one years or older. The  sale, delivery  or giving away of ice cream or other frozen desserts made with liquor, wine, beer or cider to a person  under  the  age  of  twenty-one years may be prosecuted administratively and/or criminally in accordance with the provisions of this chapter.   2. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit of wine from whatever source or by whatever processes produced.   3.  "Beer"  means  and includes any fermented beverages of any name or description manufactured from malt, wholly  or  in  part,  or  from  any substitute therefor.   3-a.  "Biomass  feedstock"  shall  mean any substance, other than oil, natural gas, coal, shale or products derived from any of these which  is capable of being converted into alcohol, including but not be limited to wood  and  other forest materials, animal manure, municipal wastes, food crops and other agricultural materials.   3-b. "Bona fide retailer association" shall  mean  an  association  of retailers  holding  licenses  under  this  chapter,  organized under the non-profit or not-for-profit  laws  of  this  state,  and  possessing  a federal  tax exemption under section 501(c) of the Internal Revenue Code of the United States.   3-c. "Braggot" shall mean a malt  alcoholic  beverage  made  primarily from  honey,  water,  and  malt and/or hops; it may also contain fruits, spices,  herbs,  grain  or  other  agricultural  products.  Honey  shall represent  at least fifty-one percent of the starting fermentable sugars by weight of the finished product. For the  purposes  of  this  chapter, braggot shall be designated and sold as a beer.   4.  "Brewery"  means  and includes any place or premises where beer is manufactured  for  sale;  and   all   offices,   granaries,   mashrooms, cooling-rooms,  vaults,  yards,  and  storerooms  connected therewith or where any part of the process of manufacture of beer is carried  on,  or where  any apparatus connected with such manufacture is kept or used, or where any of the products of brewing or fermentation are stored or kept, shall be deemed to be included in and to form part  of  the  brewery  to which they are attached or are appurtenant.   5. "Brewer" means any person who owns, occupies, carries on, works, or conducts any brewery, either by himself or by his agent.   6.  "Board"  or  "local board" or "appropriate board" or "board having jurisdiction" shall mean the state liquor authority.   7. "Building containing licensed premises" shall include the  licensed premises  and  also  any  part  of  a building in which such premises is contained and any  part  of  any  other  building  connected  with  such building by direct access or by a common entrance.   7-a. "Catering establishment" means and includes any premises owned or operated  by  any  person, firm, association, partnership or corporation who or which regularly and in a bona  fide  manner  furnishes  for  hire  therein  one  or  more ballrooms, reception rooms, dining rooms, banquet halls, dancing halls or similar places of assemblage  for  a  particular function, occasion or event and/or who or which furnishes provisions and service for consumption or use at such function, occasion or event. Such premises  must  have suitable and adequate facilities and accommodations to provide food and service for not less than fifty persons at  any  one function,  occasion  or event and shall in no event be deemed to include any taxi dance hall or any other premises at  which  public  dances  are regularly scheduled to be held daily, weekly or monthly and to which the general public is invited.   7-b.  (a)  "Cider"  means  the  partially  or fully fermented juice of fresh, whole apples or other pome fruits, containing more than three and two-tenths per centum but not more than eight and  one-half  per  centum alcohol  by  volume: (i) to which nothing has been added to increase the alcoholic content produced by natural fermentation; and  (ii)  with  the usual  cellar  treatments and necessary additions to correct defects due to climate, saccharine levels and seasonal conditions. Nothing contained in this subdivision shall be deemed to preclude the use of such  methods or  materials  as  may  be  necessary  to  encourage  a normal alcoholic fermentation and to make a  product  that  is  free  of  microbiological activity  at  the time of sale. Cider may be sweetened or flavored after fermentation with fruit juice, fruit  juice  concentrate,  sugar,  maple syrup,  honey,  spices  or other agricultural products, separately or in combination. Cider may contain retained or added carbon dioxide.  (b) In the event that an alcoholic beverage meets  the  definition  of both  a cider, as defined in this subdivision, and a wine, as defined in subdivision thirty-six of this section, the brand or  trade  name  label owner  of such alcoholic beverage shall designate whether such alcoholic beverage shall be sold as a cider or a wine for all purposes under  this chapter.   7-c.  "Cidery"  means and includes any place or premises wherein cider is manufactured for sale.   7-d. "Farm cidery" means and includes any place or  premises,  located on  a  farm in New York state, in which New York state labelled cider is manufactured, stored and sold, or any other place  or  premises  in  New York  state  in  which  New  York  state labelled cider is manufactured, stored and sold.   8. "Convicted" and "conviction" include and mean a  finding  of  guilt resulting  from  a plea of guilty, the decision of a court or magistrate or the verdict of a jury, irrespective of the pronouncement of  judgment or the suspension thereof.   9.  "Club" shall mean an organization of persons incorporated pursuant to  the  provisions  of  the  not-for-profit  corporation  law  or   the benevolent  orders  law,  which  is  the  owner, lessee or occupant of a building used exclusively for club purposes, and which does not  traffic in  alcoholic  beverages  for  profit  and  is  operated  solely  for  a recreational,  social,  patriotic,  political,  benevolent  or  athletic purpose  but  not  for  pecuniary  gain;  except that where such club is located in an office or business building, or state armory,  it  may  be licensed  as such provided it otherwise qualifies as a "club" within the meaning of this subdivision. A "luncheon club" shall mean a  club  which is open only on week days during the hours between eleven o'clock in the morning  and  three o'clock in the afternoon. A "member" of a club shall mean a person who whether a charter member or admitted in agreement with the by-laws of the club, has become a  bona  fide  member  thereof,  who maintains his or her membership by the payment of his or her annual dues in  a bona fide manner in accordance with the by-laws and whose name and address is entered on the list of members; or in the case of a  veterans  club  where a person has in his or her possession an identification card indicating his or her membership in the national veterans'  organization with which the club at which he or she is present is affiliated. For the purposes  of  this  section  a  veterans  club  shall include but not be limited to the Grand Army  of  the  Republic,  the  United  Spanish  War Veterans,  the  Veterans of Foreign Wars, the Jewish War Veterans of the United States, Inc.,  the  Catholic  War  Veterans,  Inc.,  the  Italian American  War  Veterans  of  the United States, Incorporated, the Polish Legion of American Veterans, Inc., the Marine Corps League, the Military Order of the Purple Heart,  Inc.,  the  American  Legion,  the  Disabled American  Veterans,  AMVETS,  American Veterans of World War II, Masonic War Veterans of the State of New York, Inc., Veterans of World War I  of the   United   States   of   America   Department  of  New  York,  Inc., China-Burma-India Veterans Association, Inc.,  Polish-American  Veterans of  World  War  II,  the  Sons  of  Union  Veterans, Vietnam Veterans of America, the Eastern Paralyzed Veterans Association,  the  Sons  of  the American  Legion,  or  the  American  Legion Auxiliary. In the case of a chapter or lodge of a not-for-profit corporation or a  benevolent  order qualifying   as  an  organization  described  in  section  501(c)(8)  or 501(c)(10) of the United States  internal  revenue  code,  a  member  of another   chapter   or  lodge  of  such  not-for-profit  corporation  or benevolent order who has in his or her possession an identification card or other proof of membership shall be deemed to be a member. A club  and a  luncheon  club shall appoint an alcoholic beverage officer from among its members who shall be responsible for  filing  all  applications  and other  documents  required  to be submitted to the authority. The person appointed alcoholic beverage officer shall be subject to approval by the authority.   9-a. "Custom crush facility" means a licensed winery  or  farm  winery which  obtains  grapes, fruits and other plants grown exclusively in New York state from, or on  behalf  of,  other  licensed  wineries  or  farm wineries  and  crushes,  processes,  ferments,  bottles  or conducts any combination of such services for such other licensed  wineries  or  farm wineries.   10.  "Distiller"  means  any  person  who  owns, occupies, carries on, works, conducts or operates any distillery either by himself or  by  his agent.   11.  "Distillery" means and includes any place or premises wherein any liquors are manufactured for sale.   11-a. "Farm distillery" means  and  includes  any  place  or  premises located  on a farm in New York state in which liquor is manufactured and sold, or any other place or premises in New York state in  which  liquor is  manufactured  primarily  from  farm and food products, as defined in subdivision two of section two hundred eighty-two of the agriculture and markets law, and such liquor is sold.   12. "Drug store" means a place registered by the New York state  board of pharmacy for the sale of drugs.   12-a.  "Farm winery" means and includes any place or premises, located on a farm in New York state, in which wine is manufactured and sold.   12-aa. "Farm" means the land, buildings and equipment used to produce, prepare  and  market  crops,  livestock  and  livestock  products  as  a commercial  enterprise.  For  the purposes of a farm meadery, farm means the land, buildings and equipment used to prepare and market  honey  and apiary products as a commercial enterprise. A farm may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.   12-aaa.  "Farm  brewery"  means  and  includes  any place or premises, located on a farm in New York state, in which New  York  state  labelled  beer is manufactured, stored and sold, or any other place or premises in New  York  state  in which New York state labelled beer is manufactured, stored and sold.   12-aaaa.  "Farm  meadery"  means  and  includes any place or premises, located on a farm in New York state, in which New  York  state  labelled mead  or  New  York  state  labelled braggot is manufactured, stored and sold, or any other place or premises in New York state in which New York state labelled mead or New York state labelled braggot is  manufactured, stored and sold.   12-b.  "Felony" shall mean any criminal offense classified as a felony under the laws of this state or any criminal offense  committed  in  any other  state, district, or territory of the United States and classified as a  felony  therein  which  if  committed  within  this  state,  would constitute a felony in this state.   12-c.  "Government  agency"  means  any  department,  division, board, bureau, commission, office, agency, authority or public  corporation  of the  state  or  federal  government  or  a county, city, town or village government within the state.   13. "Grocery store" means any retail  establishment  where  foodstuffs are  regularly  and  customarily  sold  in  a  bona  fide manner for the consumption off the premises.   14. "Hotel" shall mean a building which is  regularly  used  and  kept open  as such in bona fide manner for the feeding and lodging of guests, where all who conduct themselves properly and who are able and ready  to pay  for such services are received if there be accommodations for them. The  term  "hotel"  shall  also  include  an  apartment  hotel   wherein apartments  are  rented  for  fixed periods of time, either furnished or unfurnished, where the keeper of such hotel regularly supplies  food  to the occupants thereof in a premises which serves food in compliance with section  sixty-four-a  of  this chapter, or a restaurant located in such hotel.  "Hotel" shall also mean and include buildings (commonly called a motel) upon the same lot of land and owned  or  in  possession  under  a lease in writing by the same person or firm who maintains such buildings for  the  lodging  of guests and supplies them with food from a premises which serves food  in  compliance  with  section  sixty-four-a  of  this chapter, or restaurant located upon the same premises.   14-a.  "Custom  beermakers' center" means a facility that provides one or more individuals with rental space, the use of equipment and  storage facilities, and/or beer making supplies to manufacture beer for personal household  use  and  not for resale in accordance with state and federal laws, rules, and regulations.   14-b. "Custom cidermakers' center" means a facility that provides  one or  more individuals with rental space, the use of equipment and storage facilities, and/or fruit to manufacture cider for personal household use and not for resale in accordance with state and federal laws, rules  and regulations.   14-c.  "Custom  winemakers' center" means a facility that provides one or more individuals with rental space, the use of equipment and  storage facilities,  and/or fruit to manufacture wine for personal household use and not for resale in accordance with state and federal laws, rules  and regulations.   15. "Liquor authority" and "authority" mean the state liquor authority provided for in this chapter.   17. "License" means a license issued pursuant to this chapter.   17-a.  "Seven  day  license"  means  a license issued pursuant to this chapter and where the off premise retail license holder may remain  open to the consumer all seven days of the week.    18.  "Licensee"  means  any  person  to whom a license has been issued pursuant to this chapter.   19.  "Liquor"  means  and  includes any and all distilled or rectified spirits, brandy,  whiskey,  rum,  gin,  cordials  or  similar  distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing.   19-a. "Mead" shall mean a wine made primarily from honey and water; it may   also   contain  hops,  fruits,  spices,  herbs,  grain,  or  other agricultural products. Honey shall represent at least fifty-one  percent of  the  starting  fermentable sugars by weight of the finished product. The brand  or  trade  label  owner  of  such  alcoholic  beverage  shall designate  whether  such alcoholic beverage shall be sold as and treated in the same manner as wine or mead for all purposes under this  chapter. Provided,  however, any mead containing more than eight and one-half per centum alcohol by volume shall be designated, sold as,  and  treated  in the same manner as wine.   20. "Manufacturer" means and includes a distiller, brewer, vintner and rectifier;  "Manufacture"  means  and  includes  distilling, rectifying, brewing and operating a winery.   20-a. "New York state labelled wine" means wine made  from  grapes  or other  fruits,  at  least  seventy-five percent the volume of which were grown in New York state.   20-b. "Micro-winery" means and includes any place or premises  located on  a  farm in New York state in which wine or cider is manufactured and sold.   20-c. "New York state labelled liquor" means liquors made from  fruit, vegetables,  grain  and  grain  products,  honey,  maple  sap  or  other agricultural products, at least seventy-five percent the volume of which were grown or produced in New York state.   20-d. "New York state labelled beer" means:  (a) from  the  effective  date  of  this  subdivision  until  December thirty-first,  two thousand eighteen, beer made with no less than twenty percent, by weight, of its hops grown in New York state and no less than twenty percent, by weight, of all of its  other  ingredients,  excluding water, grown in New York state;  (b)   from   January  first,  two  thousand  nineteen  until  December thirty-first, two thousand twenty-three, beer made  with  no  less  than sixty  percent,  by  weight,  of its hops grown in New York state and no less than sixty percent, by weight, of all  of  its  other  ingredients, excluding water, grown in New York state; and  (c)  from January first, two thousand twenty-four and thereafter, beer made with no less than ninety percent, by weight, of its hops  grown  in New York state and no less than ninety percent, by weight, of all of its other ingredients, excluding water, grown in New York state.   20-e.  "New  York  state  labelled cider" means cider made exclusively from apples or other pome fruits grown in New York state.   20-f. "New York state labelled braggot" means braggot made exclusively from honey produced in New York state.   20-g. "New York state labelled mead" means mead made exclusively  from honey produced in New York state.   21.  "Permittee"  means  any  person  to whom a permit has been issued pursuant to this chapter.   22. "Person"  includes  an  individual,  copartnership,  corporations, society,  joint stock company, alcoholic beverage officer appointed by a club or a luncheon club or limited liability company.   23. "Population" means the number of inhabitants as determined by  the last preceding federal census.    24.  "Rectifier" means and includes any person who rectifies, purifies or refines distilled spirits or wines  by  any  process  other  than  as provided  for  on  distillery  premises  and  every  person who, without rectifying, purifying or refining distilled spirits,  shall,  by  mixing such  spirits,  wine  or  other  liquor  with  water  or  any materials, manufactures any imitation of or compounds liquors for  sale  under  the name  of  whiskey, brandy, gin, rum, wine, spirits, cordials, bitters or any other name.   25. "Retail sale" or "sale at retail" means a sale to a consumer or to any person for any purpose other than for resale.   26. "Retailer" means any person who sells at retail any  beverage  for the  sale  of  which  a license is required under the provisions of this chapter.   27. "Restaurant" shall mean a place which is regularly and in  a  bona fide  manner  used  and kept open for the serving of meals to guests for compensation  and  which  has  suitable  kitchen  facilities   connected therewith,  containing  conveniences for cooking an assortment of foods, which may be required for ordinary meals, the kitchen of which must,  at all times, be in charge of a chef with the necessary help, and kept in a sanitary  condition  with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. Restaurant shall include  a  motion  picture theatre,  movie  theatre  or other venue that shows motion pictures that meet the definitions of restaurant and meals,  and  all  seating  is  at tables  where  meals are served. "Meals" shall mean the usual assortment of foods commonly ordered at various hours of the day;  the  service  of such  food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. "Guests"  shall  mean  persons  who, during  the  hours  when  meals  are regularly served therein, come to a restaurant for the purpose of obtaining, and actually order  and  obtain at such time, in good faith, a meal therein. Nothing in this subdivision contained,  however, shall be construed to require that any food be sold or purchased with any beverage.   27-a. "Roadside farm market" means any retailer authorized to sell New York state labelled wine  pursuant  to  section  seventy-six-f  of  this chapter.   28.  "Sale" means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration, and  includes  and  means  all sales  made by any person, whether principal, proprietor, agent, servant or employee  of  any  alcoholic  beverage  and/or  a  warehouse  receipt pertaining  thereto.  "To  sell" includes to solicit or receive an order for, to keep or expose for sale, and to keep with  intent  to  sell  and shall include the delivery of any alcoholic beverage in the state.   29.  "Spirits"  means  any beverage which contains alcohol obtained by distillation  mixed  with  drinkable  water  and  other  substances   in solution.   30.  "Traffic  in"  includes  to  manufacture  and  sell any alcoholic beverage at wholesale or retail.   30-a.  "Transfer"  means  the  administrative  processes  involved  in issuing  a license to a new applicant for an existing licensed business. Transfer applicants shall be under contract with the  existing  licensee for purchase of the existing licensed business.   31. "Vehicle" shall include any device in, upon or by which any person or  property  is  or  may be transported or drawn upon a public highway, road, street or public place.   32. "Vessel" includes any ship or boat of any kind whatsoever, whether propelled by steam or otherwise and whether used as a  sea-going  vessel  or  on  inland  waters  which  is  properly  equipped for the service of alcoholic beverages.   33.  "Vintner" means any person who owns, occupies, carries on, works, conducts or operates any winery either by himself or by his agent.   34. "Wholesale sale" or "sale at wholesale" means a sale to any person for purposes of resale.   35. "Wholesaler" means any person who sells at wholesale any  beverage for the sale of which a license is required under the provisions of this chapter.   36.  "Wine"  means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, or other fruits or  plants  with the  usual  cellar  treatment and necessary additions to correct defects due  to  climatic,  saccharine  and   seasonal   conditions,   including champagne,  sparkling  and fortified wine of an alcoholic content not to exceed twenty-four per centum by volume. Wine produced  from  fruits  or plants  other than grapes shall include appropriate prefixes descriptive of the fruit or the product  from  which  such  wine  was  predominantly produced,  and no other product shall be called "wine" unless designated as artificial or imitation wine.   36-a. "Wine product" means a beverage  containing  wine  to  which  is added  concentrated  or unconcentrated juice, flavoring material, water, citric acid, sugar and carbon dioxide and containing not more  than  six per  centum alcohol by volume, to which nothing other than such wine has been added to increase the alcoholic content of such beverage.   37. "Winery" means and includes any place or  premises  wherein  wines are  manufactured from any fruit or brandies distilled as the by-product of wine or other fruit or cordials compounded and also includes a winery for the manufacture of wine in any state other than New York  state  and which has and maintains a branch factory, office or storeroom within the state  of New York and receives wine in this state consigned to a United States government bonded winery, warehouse or storeroom  located  within the state.   38.  "Warehouse"  means  and  includes  a  place  in  which  alcoholic beverages are housed or stored.