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 47 - Alterations › Section 47.7 - Substantial alterations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Manufacturers and wholesalers. Any enlargement or contraction of the licensed
					 premises including any delimitation of any space for use for any other business
					 or the creation of or the relocation of any entrance to the licensed premises
					 that abuts on any public street or thoroughfare, shall constitute a substantial
					 alteration.
(b) Retail beer
					 licensees (off-premises consumption). Any enlargement or contraction of the
					 physical area of a licensed premises; the creation of or the relocation of any
					 entrance to the licensed premises and where such premises is on the street
					 level and abuts a public street or thoroughfare any change in the size of a
					 window or in the type of glass used in any of the windows fronting on such
					 thoroughfare that reduces visibility shall constitute a substantial alteration.
					 In the instance of a grocery store beer license, the alteration fees provided
					 for herein shall not be applicable.
(c) Retail wine and liquor licensees
					 (off-premises consumption). Any enlargement or contraction of the physical area
					 of a licensed premises; the creation of or the relocation of any entrance to
					 the licensed premises; the creation of or the relocation of any window or any
					 change in the size of a window or in the type of glass that would reduce
					 visibility into the interior of the store; the erection of any partition that
					 extends more than 42 inches above the floor level shall constitute a
					 substantial alteration.
(d)
					 Restaurant (liquor and wine), catering establishment and eating place beer
					 licensees. The following shall constitute substantial alterations:
(1) Any enlargement or contraction of the
					 licensed premises.
(2) Any
					 enlargement of or relocation of a bar or the installation of any service bar
					 other than a temporary, portable service bar, except where such service bar is
					 located in a kitchen.
(3) Any
					 contraction of the space devoted to the preparation of food or any decrease in
					 the principal refrigeration and cooking facilities employed in connection
					 therewith.
(4) Any decrease of more
					 than 10 per centum in the number of seats provided for diners at any lunch
					 counter or in a dining room, exclusive of temporary arrangements made to
					 accommodate a special function, occasion or event.
(5) Any enlargement of the space devoted to
					 the preparation or service of food which involves the erection or the removal
					 of any permanent partition or wall, or any provision for additional seating at
					 tables where the increase in such seating exceeds 25 per centum, excepting
					 temporary arrangements made to accommodate a special function, occasion or
					 event.
(6) The installation or
					 conversion of any room or rooms in the licensed premises for the service of
					 food or alcoholic beverages where such room or rooms was previously used for
					 other purposes by the licensee.
(7)
					 The installation of any bandstand, entertainment stage or dance floor, except a
					 replacement of the same size and location.
(8) The installation of any recreational or
					 amusement device that entails any reduction in the seating capacity provided
					 for diners at tables.
(9) The
					 sealing off, creation of or relocation of any entrance to the premises and
					 where the premises is at street level and abuts a public street or
					 thoroughfare, any other change to a door fronting on such thoroughfare that
					 would reduce visibility except that visibility shall not be deemed reduced
					 where at least one half the area of the door consists of clear glass (at eye
					 level).
(10) The sealing off,
					 creation of or relocation of any window and where the premises is at street
					 level and abuts on a public street or thoroughfare, any change in the size of
					 any window fronting on such thoroughfare or in the type of glass that would
					 reduce visibility into the interior of the premises.
(11) The erection of any partition in or
					 abutting any dining room which is more than 54 inches in height.
(12) Any other change in the interior of the
					 premises that would obstruct visibility or in the judgment of the Authority
					 would materially affect the character of the premises or the physical structure
					 that existed at the time of licensing.