2023 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.  (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.
(b) "Off-premises  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 at a site remote from the premises for  a  particular
function,  occasion,  or event provisions and service for consumption or
use at such  function,  occasion  or  event.  Such  premises  must  have
suitable and adequate facilities to provide food for not less than fifty
persons. On-premises consumption shall not be allowed at such premises.
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-eight,  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-nine 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.