reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 48 - On-premises Liquor And Wine Licenses › Section 48.4 - Physical standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 on-premises licenses shall be issued except where the premises comply with all
					 statutory requirements. In addition, each such premises, when situated on or
					 about the street level, shall have one or more windows which shall be so
					 constructed as to afford clear visibility from the exterior and throughout the
					 interior of said premises.
(b) No
					 on-premises licenses shall be issued to premises described in subdivisions (b),
					 (d), (e) and (f) of section
					 48.1 of this Part unless a
					 particular location or locations shall be designated for the sale and service
					 of alcoholic beverages which, if approved by the Authority, shall be deemed the
					 licensed premises.
(1) Each such premises
					 shall be under the exclusive dominion and control of the licensee and the sale
					 and service of alcoholic beverages and the consumption of liquor and wine shall
					 be confined thereto.
(2) In
					 premises described in subdivisions (d), (e) and (f) of section
					 48.1 of this Part, the licensed
					 premises shall be enclosed by a permanent wall or partition at least eight feet
					 high.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 48 - On-premises Liquor And Wine Licenses › Section 48.5 - Special restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
The Authority may impose such further restrictions in
						particular instances as would in its judgment best serve the public
						interest.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 48 - On-premises Liquor And Wine Licenses › Section 48.6 - Hours of sale

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The hours
					 of sale in on-premises licensed establishments shall be governed by the
					 provisions of subdivision 5 of section 106  of the Alcoholic Beverage Control
					 Law, except in those counties where pursuant to section 43, the local ABC board
					 further restricts the hours of sale. In addition, the hours of sale in premises
					 described in subdivisions (b), (c), (e) and (f) of section
					 48.1 of this Part shall be further
					 restricted in that the sale of alcoholic beverages may not commence more than
					 one hour before nor continue more than one hour after the commencement and
					 ending, respectively, of the performance, sailing, event or other recreation or
					 entertainment which is the principal business of said facility, except that in
					 the instance of night clubs the sale of alcoholic beverages may commence at 4
					 p.m. and continue until the closing hour prescribed by law, unless further
					 restricted by a local ABC board pursuant to subdivision 3 of section 43 of the
					 Alcoholic Beverage Control Law.
(b)
					 The further restrictions on hours of sale set forth in this section with
					 respect to premises described in subdivisions (b), (c), (e) and (f) of section
					 48.1 of this Part, shall not,
					 however, prohibit the sale of alcoholic beverages during the holding of any
					 special function or event therein which is scheduled and advertised in advance
					 provided such sale is not in violation of subdivisions 5 of section 106 or the
					 hours of sale prescribed by the local ABC board having jurisdiction.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 48 - On-premises Liquor And Wine Licenses › Section 48.7 - Personal qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
In acting upon applications for on-premises licenses, the
						Authority shall, in addition to inquiring into all other requirements,
						carefully evaluate the character, fitness, experience, maturity and financial
						responsibility of each applicant in determining whether public convenience and
						advantage would be served by approval of the application.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 48 - On-premises Liquor And Wine Licenses › Section 48.8 - Miscellaneous provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 license issued hereunder shall be subject to the licensee continuing to conform
					 with all representations set forth in the application for license and the
					 provisions of this Part and any amendment thereto applicable to the type of
					 premises under which such license was applied for and issued. Such
					 representations shall constitute continuing representations for the life of the
					 license and all renewals thereof. Any change or deviation therefrom in any
					 material respect, without the permission of the Authority, shall be cause for
					 the institution of proceedings to revoke, cancel or suspend such license or
					 refusal to renew the same.
(b)
					 Summer or winter on-premises licenses may, in the exercise of the Authority's
					 discretion, be issued for each of the types of premises specified in section
					 48.1 of this Part.
(c) Nothing contained in this Part shall be
					 construed as authorizing any alterations to any on-premises establishments
					 except an alteration made pursuant to Part 47 of this Subtitle.
(d) A special on-premises licensee may grant
					 to another person a written concession to prepare, serve and sell food in such
					 licensed premises provided that the written approval of the State Liquor
					 Authority is first obtained. The granting of such food concession without the
					 approval of the Authority, or the failure to comply with the terms,
					 representations and conditions upon which any such approval is granted,
					 constitute cause for the suspension, cancellation, revocation, non-renewal or
					 recall of the special on-premises license.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 48 - On-premises Liquor And Wine Licenses › Section 48.9 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
The Authority may waive any and all provisions of this
						Part when the applicant establishes to the satisfaction of the
						Authority:
(a) that the license is
					 sought for a public facility owned, operated, leased or sponsored by a
					 governmental or quasi-governmental agency, or
(b) a showing of hardship, extreme emergency
					 or exceptional circumstances and that such waiver would not be inconsistent
					 with the policy expressed in section 2  of the Alcoholic Beverage Control
					 Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 48 - On-premises Liquor And Wine Licenses › Section 48.10 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 48 - On-premises Liquor And Wine Licenses › Section 48.11 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 49 - Bottle Clubs › Section 49.1 - Conduct of licensed bottle clubs

Current through Register Vol. 46, No. 28, July 10, 2024
The proper conduct of licensed bottle clubs is essential
						to the public interest. Failure of a bottle club licensee to exercise adequate
						supervision over the conduct of such an establishment poses a substantial risk
						not only to the objectives of alcoholic beverage control but imperils the
						health, welfare and safety of the people of this state. It shall be the
						obligation of each person licensed pursuant to Alcoholic Beverage Control Law
						Section 64-b to ensure that a high degree of supervision is exercised over the
						conduct of the licensed establishment at all times in order to safeguard
						against abuses of the license privilege and violations of law. Each such
						licensee will be held strictly accountable for all violations that occur in the
						licensed premises and are committed by or suffered and permitted by any
						manager, agent or employee of such licensee. Each such licensee must ensure
						that a high degree of supervision is exercised over the conduct of the licensed
						premises at all times in order to safeguard against abuses of the license
						privilege and violations of law and must ensure that the licensed premises
						complies with all applicable building codes, fire, health, safety and other
						government regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 49 - Bottle Clubs › Section 49.2 - Inspection of licensed premises and books and records (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 49 - Bottle Clubs › Section 49.3 - Hours of operation (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 49 - Bottle Clubs › Section 49.4 - Physical standards

Current through Register Vol. 46, No. 28, July 10, 2024
No bottle club license shall be issued for any premises
						except where the premises comply with all statutory requirements and, in
						addition, meet the following physical standards:
(a) Each such premises, unless located in an airport
					 or in a railroad or bus terminal, shall be located at street level with all
					 entrances opening onto a public street or thoroughfare, except that such
					 entrances may be set back from and need not abut such street or
					 thoroughfare.
(b) Each such
					 premises shall be under the exclusive dominion and control of the licensee and
					 the service and consumption of alcoholic beverages shall be confined
					 thereto.
(c) Each premises licensed
					 hereunder shall have a minimum of two public restrooms . The requirement for
					 such facilities may be waived by the Authority provided there is a satisfactory
					 showing that such facilities are in an area adjacent or proximate to the
					 licensed premises and available to the patrons thereof
(d) Each premises licensed hereunder shall at all
					 times during the hours such premises is open for business, be illuminated by
					 sufficient light such as will permit a person therein to read nine-point print
					 of the kind generally used in the average newspaper. Nothing herein contained
					 shall, however, be construed as prohibiting temporary dimming of lights during
					 a period of regular entertainment or other special occasions.
(e) Each premises licensed hereunder shall
					 have seating for patrons at tables.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 49 - Bottle Clubs › Section 49.5 - Personal qualifications (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 49 - Bottle Clubs › Section 49.6 - Special restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
The Authority may impose such further restrictions in
						particular instances as would in its judgment best serve the public
						interest.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 49 - Bottle Clubs › Section 49.7 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
The Authority may waive any and all provisions of this
						Part when the applicant establishes to the satisfaction of the Authority a
						showing of hardship, extreme emergency or exceptional circumstances and that
						such waiver would not be inconsistent with the policy expressed in section 2  of
						the Alcoholic Beverage Control Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 49 - Bottle Clubs › Section 49.9 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No bottle club
					 licensee shall suffer or permit any gambling on the licensed premises or suffer
					 or permit such premises to become disorderly.
(b) No bottle club licensee shall deliver,
					 serve or give away or permit or procure to be delivered, served or given away
					 any alcoholic beverage to (1) any minor actually or apparently under the age of
					 21 years or to (2) any intoxicated person or to any person apparently under the
					 influence of any alcoholic beverage; nor shall he or she permit any such person
					 to consume any alcoholic beverage in the licensed premises.
(c) No bottle club licensee shall employ, or
					 permit to be employed, or shall suffer to work, on any premises licensed
					 hereunder, any person under the age of 18 years, as a hostess, waitress,
					 waiter, or in any other capacity where the duties of such person require or
					 permit such person to dispense or handle alcoholic beverages.
(d) No bottle club licensee shall permit or
					 suffer to appear as an entertainer, on any premises licensed hereunder, any
					 person under the age of 18 years. Failure to restrain such a person from so
					 appearing shall be deemed to constitute permission.
(e) No bottle club licensee shall sell any alcoholic
					 beverages on the licensed premises.
(f) No bottle club licensee shall suffer or permit any
					 alcoholic beverages to be brought into the licensed premises, or consumed
					 therein, other than alcoholic beverages purchased by the licensee to give a way
					 to customers for on premises consumption, unless the container shall bear the
					 signature of the person bringing such liquor into the premises or unless there
					 is attached thereto a label signed by such person.
(g) No alcoholic beverages other than alcoholic
					 beverages purchased by the licensee to give away to customers for on premises
					 consumption, shall be stored, kept or received on the licensed premises nor
					 consumed therein unless labeled as herein required.
(h) No licensee shall suffer or permit any alcoholic
					 beverages brought into the premises to be taken therefrom by the owner thereof
					 or any other person but shall store the same in the name and for the use of
					 such owner.
(i) No licensee shall
					 suffer or permit any illicit alcoholic beverage or spurious liquor to be
					 brought into, stored, kept or consumed on the licensed premises. For the
					 purposes of this rule illicit alcoholic beverage means and includes any
					 alcoholic beverage on which any tax require d to have been paid under any
					 applicable federal law has not been paid. Spurious liquor means and includes
					 liquor in containers, the contents of which are not as represented on the
					 labels affixed thereto.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 49 - Bottle Clubs › Section 49.10 - Lockers

Current through Register Vol. 46, No. 28, July 10, 2024
For licensees that choose to allow customers to bring
						their own alcoholic beverages on the licensed premises for consumption, lockers
						shall be provided by the licensee for the use of persons frequenting the
						licensed premises so that alcoholic beverages owned by each person may be
						securely kept under lock and key. Any alcoholic beverages not being actually
						used or consumed by the owner thereof shall be kept in a locker designated to
						the use of such person. A separate locker shall be assigned to each person
						applying for the same and the licensee shall not permit more than one person to
						use a single locker. All alcoholic beverages brought into the licensed premises
						shall be the personal property of the owner thereof and shall be consumed only
						by himself and his guests accompanying him. The locker assigned to each person
						shall be under the control of such person and alcoholic beverages may be
						removed there from only by the owner to whom the locker has been assigned or by
						an employee of the licensee at such times when the owner of the locker is in
						the licensed premises and requests such service.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 49 - Bottle Clubs › Section 49.11 - Premises open to general public

Current through Register Vol. 46, No. 28, July 10, 2024
Premises for which a bottle club license has been issued
						shall be open to the general public. The term bottle clubs is not restricted to
						clubs as defined under section 3 (9)  of the Alcoholic Beverage Control
						Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 49 - Bottle Clubs › Section 49.12 - Sale of food

Current through Register Vol. 46, No. 28, July 10, 2024
A bottle club licensee may, but shall not be required to
						keep food available for sale to its customers for consumption on the
						premises.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 49 - Bottle Clubs › Section 49.13 - Application of part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
					 shall become effective forthwith.
(b) Whenever the word licensee is used
					 herein, it shall mean and include an individual licensee, each member of a
					 partnership licensee, each officer, director and substantial stockholder of a
					 corporate licensee, and any agent, employee or servant of such
					 licensee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter B - Licenses › Part 49 - Bottle Clubs › Section 49.14 - Separability

Current through Register Vol. 46, No. 28, July 10, 2024
If any clause, sentence, paragraph, section or part of
						this Part shall be adjudged by any court of competent jurisdiction to be
						invalid, such judgment shall not affect, impair or invalidate the remainder
						thereof, but shall be confined in its operation to the clause, sentence,
						paragraph, section or part thereof directly involved in the controversy in
						which such judgment shall have been rendered.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 52 - Hearing After Disapproval Of Application › Section 52.1 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
When a local board has disapproved an application, the
						applicant shall be afforded a hearing for the purpose of producing any such
						evidence before the Authority as he shall desire with reference to the reasons
						for disapproval stated by the local board. In addition to the evidence produced
						by the applicant in such hearing, the local board or the Authority may also
						introduce such evidence as it deems necessary with reference thereto. The
						hearing shall be conducted by a member of the Authority or any employee of the
						Authority duly designated by the Authority so to act, who shall be known as the
						hearing commissioner. The hearing commissioner shall rule upon matters of
						procedure and introduction of evidence, and shall conduct the proceeding in
						such manner as will best serve the purpose of the attainment of justice and
						dispatch. Objections may be taken to rulings of the hearing commissioner with
						the reasons for such objections stated, but will not be deemed to have been
						made unless duly noted in the stenographic record.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 52 - Hearing After Disapproval Of Application › Section 52.2 - Appearances

Current through Register Vol. 46, No. 28, July 10, 2024
Any person so aggrieved by a determination of a local
						board may appear and present his case in person, or by duly appointed
						representative, and may submit affidavits or produce evidence under oath
						relative and material to the review of the action taken by the local board. The
						applicant must appear in person on the date set forth in the notice given him,
						and on all adjourned dates.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 52 - Hearing After Disapproval Of Application › Section 52.3 - Attorneys

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant for a license may be represented by
						counsel, provided, however, the attorney shall be a member of the bar of the
						State of New York in good standing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 52 - Hearing After Disapproval Of Application › Section 52.4 - Adjournments

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for adjournments shall not be granted except
						for good cause and unless written request is presented therefor. No request for
						adjournment shall be considered granted until such time as the same has been
						approved by the hearing commissioner in charge.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 52 - Hearing After Disapproval Of Application › Section 52.5 - Authority for representation

Current through Register Vol. 46, No. 28, July 10, 2024
Any person appearing before the Authority in a
						representative capacity may be required to show his authority to act in such
						capacity.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 52 - Hearing After Disapproval Of Application › Section 52.6 - Argument

Current through Register Vol. 46, No. 28, July 10, 2024
Oral argument may be made only before the commissioner in
						charge of the hearing. Such oral argument may be limited by the commissioner in
						his or her discretion and is to be included in the stenographic
						record.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 52 - Hearing After Disapproval Of Application › Section 52.7 - Briefs

Current through Register Vol. 46, No. 28, July 10, 2024
Briefs may be filed only if the commissioner has granted
						permission for the filing of same and such permission is duly noted in the
						stenographic record. Such briefs must be submitted within the time fixed by the
						commissioner and six copies thereof must be submitted, unless the commissioner
						is not a member of the Authority, in which case an additional copy must be
						submitted for his consideration.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 52 - Hearing After Disapproval Of Application › Section 52.8 - Evidence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The rules of
					 evidence governing proceedings in the courts of the State shall not be rigidly
					 enforced in hearings and interviews before the Authority, and unless objection
					 is made and duly noted in the stenographic record, all evidence appearing in
					 the stenographic record shall be deemed to have been validly introduced for the
					 consideration of the Authority.
(b)
					 The introduction of cumulative evidence shall be avoided and the commissioner
					 may limit the testimony of any witness which he judges to be merely cumulative;
					 however, the party offering such testimony may make a short avowal of the
					 testimony which would be given and if the witness asserts that such avowal is
					 true, this avowal shall be made a part of the stenographic record.
(c) Upon due application to the commissioner
					 in charge prior to the determination of the Authority, the hearing may, in the
					 discretion of the commissioner, be reopened for the presentation of new
					 evidence. Such application must set forth concisely the nature of the new
					 evidence. The Authority may, on its own motion, reopen a hearing or interview
					 for the presentation of new evidence.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 52 - Hearing After Disapproval Of Application › Section 52.9 - Record

Current through Register Vol. 46, No. 28, July 10, 2024
Upon request made by an applicant or his agent, a copy of
						the transcribed record of the hearing shall be furnished to such person upon
						payment of the prevailing charges. Where the record has been transcribed at the
						time of the request, the "prevailing charges" shall be one dollar per page.
						Where the record has not been transcribed and it is the intention of the
						Authority not to transcribe the record at the time of the request, the
						"prevailing charges" shall be the entire cost to the Authority of transcribing
						the record of the hearing or so much thereof as the applicant requests. Where
						the applicant has waived the recording of the hearing and thereafter requests a
						copy of the hearing officer's report, a copy thereof shall be furnished to him
						and the "prevailing charges" therefor shall be one dollar per
						page.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 52 - Hearing After Disapproval Of Application › Section 52.10 - Notice

Current through Register Vol. 46, No. 28, July 10, 2024
Notice of hearing shall be deemed to have been duly
						served if sent by registered mail to the applicant addressed to his residence,
						or to the residence of the president of a corporate applicant, and a copy
						thereof by ordinary mail to the address of the premises sought to be licensed.
						A copy of said notice shall be served upon the appropriate local board either
						directly or by mailing such copy by ordinary mail. For the purposes of this
						section the address of the applicant as set forth in the application shall be
						deemed the residence.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 52 - Hearing After Disapproval Of Application › Section 52.11 - Stipulations

Current through Register Vol. 46, No. 28, July 10, 2024
Parties by agreement may stipulate as to any facts
						involved in the proceedings. Such stipulation, to be effective, must be duly
						noted in the stenographic record of the proceedings.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 52 - Hearing After Disapproval Of Application › Section 52.12 - Subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
Subpoenas may be issued in the manner provided for
						subpoenas in the Civil Practice Act of the State of New York.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 52 - Hearing After Disapproval Of Application › Section 52.13 - Renewal hearings

Current through Register Vol. 46, No. 28, July 10, 2024
In the discretion of the Authority, hearings may also be
						held upon applications for renewal of licenses, under the foregoing provisions,
						insofar as applicable. Notice may be sent, even prior to receipt of an
						application for renewal, in the form of a notice of contemplated disapproval,
						setting forth the grounds for the action.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 52 - Hearing After Disapproval Of Application › Section 52.14 - Investigative interviews

Current through Register Vol. 46, No. 28, July 10, 2024
In cases other than those set forth above in section
						52.1 of this Part, the Authority,
						in connection with a pending application, may hold an investigative interview,
						at which the applicant and any other witnesses may be questioned under oath.
						Interviews may be conducted by a member of the Authority or any employee of the
						Authority duly designated thereby to act, who shall be known as the
						interviewer. The provisions set forth above concerning hearings shall not be
						applicable to such interviews, which are held pursuant to the Authority's
						investigative function for the purpose of developing facts essential to
						adequate consideration of the application.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 52 - Hearing After Disapproval Of Application › Section 52.15 - Waiver of stenographic record

Current through Register Vol. 46, No. 28, July 10, 2024
Alcoholic Beverage Control Law, § 120-a
Whenever a hearing is required by the Alcoholic Beverage
						Control Law or this Part, the applicant may stipulate in writing [see form
						below], that the testimony and other evidence submitted at the hearing shall
						not be recorded by stenographic minutes or otherwise. Any provisions of law or
						this Part inconsistent with such stipulation, or the intent thereof, shall be
						deemed waived by the applicant for all purposes. The hearing officer's report
						shall be deemed conclusive as to the proceedings at the hearing.
WAIVER STIPULATION
(Statutory Hearing)
The undersigned applicant has been advised by the Hearing
						Officer that under the provisions of the Alcoholic Beverage Control Law and
						Rules of the Authority, a stenographic record is required to be made of all
						evidence, oral or documentary, submitted at this hearing.
The undersigned applicant hereby stipulates that (1) such
						evidence shall not be recorded by stenographic minutes or otherwise; (2) any
						provision of law or rule inconsistent with this stipulation is hereby waived
						for all purposes; and (3) the hearing officer's report shall be deemed
						conclusive in all respects as to the proceedings at such hearing.
Dated:
Applicant
Serial Number
Address and Zip Code
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 53 - Causes For Revocation › Section 53.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever the word licensee or permittee is used herein,
						unless the context otherwise requires, it shall mean and include an individual
						licensee or permittee, and each member of a partnership licensee or permittee,
						and each officer, director and stockholder of a corporate licensee or
						permittee, and any agent, employee or servant of such licensee or permittee.
						This provision, however, shall not apply to the conviction of any agent,
						employee or servant of a licensee or permittee of any of the crimes specified
						in subdivision (g) of section
						53.1 of this
						Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 54 - Disciplinary Proceedings › Section 54.1 - Commencement of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Disciplinary proceedings shall be commenced by serving a notice of pleading on
					 the licensee. Such notice shall be deemed to have been duly served if:
(1) sent by registered or certified mail to
					 the licensee addressed to the licensed premises and a copy thereof sent by
					 first class mail to the residence of record of the licensee or of any officer
					 or director of a corporate licensee, or any general partner of a partnership
					 licensee; or
(2) transmitted by
					 electronic means to the licensee to the email address currently on file with
					 the authority for the licensee, with the subject matter for such transmission
					 indicating that it is related to a State Liquor Authority disciplinary
					 proceeding. For purposes of this part, "electronic means" is any method of
					 transmission of information, between computers or other devices, designed for
					 the purpose of sending and receiving such transmissions and which allows the
					 recipient to reproduce the information transmitted in a tangible medium of
					 expression.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 54 - Disciplinary Proceedings › Section 54.2 - Pleading procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
					 a disciplinary proceeding has been commenced, the licensee shall be afforded an
					 opportunity to plead either "not guilty" or "no contest" to the charges on or
					 before a scheduled date. If the licensee pleads "not guilty," a hearing shall
					 be scheduled. If the licensee pleads "no contest," the charges shall be deemed
					 sustained, and no further hearing shall be held. A licensee may plead "no
					 contest" at any time prior to the close of a hearing.
(b) Failure of a licensee to plead on or
					 before the pleading date shall be deemed a plea of "no contest," and no further
					 hearing shall be held.
(c) The
					 licensee may plead to the charges by mail or by delivering the licensee's plea
					 by electronic means to the email address designated in the pleading, or by
					 posting the licensee's plea to an active online portal provided by the State
					 Liquor Authority for the licensee's account. In order to plead "not guilty" to
					 the charges by mail or by email, a letter signed by the licensee or its
					 attorney setting forth the plea must be received by the authority on or before
					 the scheduled date. In order to plead "not guilty" to the charges by posting to
					 the portal, an authorized posting must be made on the portal on or before the
					 scheduled date.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 54 - Disciplinary Proceedings › Section 54.3 - Hearing procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 notice of hearing shall set forth the date and time at which the hearing is
					 scheduled to be held. Upon licensee's failure to appear at the hearing or any
					 adjournment thereof, he shall be deemed to have pleaded "no contest," the
					 charges shall be deemed sustained, and no further hearing shall be
					 held.
(b) A notice of hearing shall
					 be deemed to have been duly served if (1) sent by first class mail to the
					 licensee addressed to the licensed premises and a copy thereof by first class
					 mail to the residence of record of the licensee or of any officer or director
					 of a corporate licensee, or any general partner of a partnership licensee, or
					 (2) transmitted by electronic means to the licensee and, if applicable, the
					 licensee's attorney or authorized representative.
(c) Any person who is entitled to notice
					 pursuant to this rule may appear and be heard in person or by duly appointed
					 representative and may produce, under oath, evidence relevant and material to
					 the charges preferred.
(d) A
					 licensee may be represented by an attorney who is a member in good standing of
					 the Bar of the State of New York. Such attorney shall provide the authority
					 with an email address for the purpose of service of papers related to the
					 proceeding.
(e) Any person
					 appearing before the authority in a representative capacity may be required to
					 show his or her authority to act in such capacity. Such representative shall
					 provide the authority with an email address for the purpose of service of
					 papers related to the proceeding.
(f) No application for adjournment of a
					 hearing shall be granted except for good cause shown, and if such adjournment
					 is sought upon the grounds that licensee's attorney is actually engaged in a
					 court of record, upon the presentation of an affidavit of actual engagement by
					 such attorney.
(g) Upon granting
					 any adjournment, the hearing officer may direct that the matter be set down
					 peremptorily against the licensee, in which event the licensee shall be
					 notified that it shall not be entitled to any further adjournment.
(h) Any licensee desiring to subpoena a
					 witness may do so in the name of the Chairman of the State Liquor Authority and
					 in the manner provided for subpoenas in the New York Civil Practice Law and
					 Rules. If evidence other than oral testimony is required, such as documents or
					 written data, the subpoena shall set forth the specific matter to be
					 produced.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 54 - Disciplinary Proceedings › Section 54.4 - Conduct of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Hearings shall be conducted by a member of the authority or any employee of the
					 authority duly designated by the authority to hold hearings, who shall be known
					 as the administrative law judge. The administrative law judge shall rule upon
					 matters of procedure and introduction of evidence, and shall conduct the
					 hearing in such manner as, in his discretion, will best serve the attainment of
					 justice. Wherever the term hearing officer appears in the rules of the
					 authority in connection with disciplinary proceedings, it shall be deemed to
					 mean and to refer to the administrative law judge.
(b)
(1) The
					 order of proof in hearings before the authority shall be as follows:
(i) testimony by the witness or witnesses in
					 support of the charges preferred against the licensee;
(ii) cross-examination of such
					 witnesses;
(iii) testimony by the
					 licensee or his witnesses in defense and explanation; and
(iv) cross-examination of the licensee and
					 witnesses.
The hearing officer may, in his discretion, change the
						order of proof where the circumstances so warrant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 54 - Disciplinary Proceedings › Section 54.5 - Record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within the
					 contemplation of this rule, or whenever mentioned herein, the term record shall
					 mean:
(1) the stenographic notes taken in the
					 hearing by a stenographic reporter, including the transcribed minutes thereof,
					 or
(2) the testimony and other
					 evidence taken at the hearing as recorded by electronic recording equipment or
					 the transcription thereof. The record shall be kept in the room and available
					 or the use of the members of the authority at the time a determination of such
					 proceeding or hearing is being made by them. The record, including all
					 exhibits, shall be kept by the authority in the license folder or other
					 designated place for a minimum period of five months after written notification
					 of the authority's determination is served upon the licensee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 54 - Disciplinary Proceedings › Section 54.6 - Penalties after hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
					 charges have been sustained in a revocation proceeding, the authority may
					 direct revocation, cancellation or suspension of the license, including a fine
					 and/or bond forfeiture, or impose any other penalty warranted by the
					 facts.
(b) After charges have been
					 sustained in a suspension proceeding, the authority may direct suspension of
					 the license for a duration not to exceed the maximum period set forth in the
					 notice of pleading, and may impose a fine and/or bond forfeiture to the extent,
					 if any, also set forth therein.
(c)
					 A copy of a notice of disposition of the proceeding, along with any order of
					 suspension, cancellation or revocation, shall be served on the licensee and, if
					 applicable, the licensee's attorney or representative, by electronic
					 means.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 54 - Disciplinary Proceedings › Section 54.7 - Revocation, cancellation or suspension orders - extension of effective date

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each order of
					 revocation, cancellation or suspension of a license shall become effective
					 immediately upon service of the order, or on such other date specified
					 therein.
(b) The effective date of
					 an order of revocation or cancellation of a license may be extended by a member
					 of the authority, the chief executive officer or counsel to the authority for
					 good cause shown, for a period not to extend beyond the date following the next
					 succeeding meeting of the members of the authority, at which time a report
					 thereon shall be made.
(c) The
					 effective date of a suspension order may be extended by a member of the
					 authority, chief executive officer, counsel or secretary to the authority for a
					 period not exceeding 30 days.
(d) A
					 liquidator's permit under section 99-b  of the Alcoholic Beverage Control Law
					 shall be issued to such revoked or cancelled licensee, on application therefor,
					 to sell his entire stock of alcoholic beverages to other licensees.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 54 - Disciplinary Proceedings › Section 54.8 - Service of suspension orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever the autority directs the
					 suspension of a license, the order of suspension shall be publicly displayed in
					 the licensed premises in the following manner. If there is a door opening from
					 the street into the licensed premises and a window facing the street upon which
					 such door opens, such order shall be displayed in such window so that it may be
					 readily seen from the street. If the licensed premises are otherwise located,
					 such order shall be affixed to the door of the entrance to the
					 premises.
(b) The order of
					 suspension shall be affixed to the window or door of the licensed premises by a
					 representative of the authority at the commencement of the suspension period
					 and shall remain so affixed throughout the entire period of suspension. The
					 removal, covering, defacement or obliteration of the order of suspension or the
					 failure to maintain the order of suspension in the manner and place, as affixed
					 by the authority's representative, prior to the expiration of the suspension
					 period, shall be deemed the act of the licensee and shall constitute cause for
					 the suspension, cancallation or revocation of the license.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter I - Rules of The State Liquor Authority › Subchapter C - Hearings And Revocations › Part 54 - Disciplinary Proceedings › Section 54.9 - Permits

Current through Register Vol. 46, No. 28, July 10, 2024
Any reference in this rule to the term license or
						licensee shall be deemed to apply to a permit or permittee, as the case may
						be.