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 A - Permits › Part 30 - Broker's Permit › Section 30.4 - Restriction upon issuance and use of permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Persons ineligible. No such permit shall
					 be issued to any person who does not qualify under section 126  of the Alcoholic
					 Beverage Control Law, except as to citizenship, or who is interested in the
					 manufacture or sale of alcoholic beverages in any manner whatsoever, either as
					 an owner or a partner, if a partnership, or as a stockholder, officer or
					 director, if a corporation.
(b) No
					 such permittee shall buy or sell any alcoholic beverages for his own account,
					 or take or deliver title to such alcoholic beverages, or receive or store any
					 alcoholic beverages in his own name in this State, or offer, agree to offer or
					 sell any alcoholic beverages to any retailer within the State.
(c) The permittee shall require all purchases
					 of alcoholic beverages to be billed by the seller directly to the purchaser and
					 paid for by such purchaser directly to the seller.
(d) No alcoholic beverages shall be purchased
					 for an out-of-state principal unless such principal is authorized to import
					 such alcoholic beverages into the State or foreign country to which such
					 alcoholic beverages are consigned.
(e) The permittee shall require that all
					 alcoholic beverages purchased in this State for the account of an out-of-state
					 principal be delivered directly to the steamship, vessel, railroad care or
					 transportation company for delivery to the principal outside the
					 state.
(f) Such permittee shall not
					 offer for sale or act as a broker in the sale of any brand of liquor or wine in
					 this State except at the price and at the discounts in effect for such brand in
					 the schedule of prices to wholesalers on the date of offer or sale, unless
					 permission in writing has been granted by the authority for good cause
					 shown.
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 A - Permits › Part 30 - Broker's Permit › Section 30.5 - Books and records

Current through Register Vol. 46, No. 28, July 10, 2024
Such permittees shall maintain separate books and records
						which shall include, but not necessarily be limited to, the names and addresses
						of all purchasers and sellers of alcoholic beverages; the quantity and type of
						alcoholic beverages involved in each transaction; and the amount of the
						commission or fee accruing to such permittee from each transaction. The records
						of such permittees shall also include documents or photostats evidencing the
						authority of each out-of-state purchaser to import alcoholic beverages into the
						state or foreign country to which such alcoholic beverages are consigned; and,
						all correspondence, memoranda and documents relating to transactions involving
						alcoholic beverages and the broker's employment in connection therewith. Such
						records shall be maintained for a period of at least two
						years.
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 A - Permits › Part 31 - Employment Of Unlicensed Solicitor › Section 31.1 - Employment of unlicensed solicitors prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
No manufacturer or wholesaler shall employ, engage or
						permit any person to offer for sale or solicit any order in this State for the
						sale of any alcoholic beverage for or on behalf of such manufacturer or
						wholesaler, unless such person shall be the holder of a solicitor's permit
						authorizing the permittee to represent such manufacturer or
						wholesaler.
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 A - Permits › Part 31 - Employment Of Unlicensed Solicitor › Section 31.2 - Doing business with unlicensed solicitors prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
No manufacturer or wholesaler shall receive, accept or
						fill any order for the sale of any alcoholic beverage, which shall have been
						solicited by a person who is not the holder of a solicitor's permit authorizing
						the permittee to represent such manufacturer or wholesaler.
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 A - Permits › Part 31 - Employment Of Unlicensed Solicitor › Section 31.3 - Violations

Current through Register Vol. 46, No. 28, July 10, 2024
A violation of the provisions of this Part shall be cause
						for the revocation, cancellation or suspension of the license of the
						manufacturer or wholesaler participating or concerned in such
						violation.
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 A - Permits › Part 32 - Annual Temporary Solicitor's Employment Permit › Section 32.1 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
A solicitor is a person employed by a manufacturer or
						wholesaler of alcoholic beverages who, on behalf of his employer, solicits or
						accepts orders for alcoholic beverages, at the licensed premises of his
						employer or at the licensed premises of the purchaser. However, a solicitor may
						be employed by one or more licensed wineries or farm wineries to offer for sale
						and solicit orders for New York State labeled wines.
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 A - Permits › Part 32 - Annual Temporary Solicitor's Employment Permit › Section 32.2 - Place of filing

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for temporary solicitor's employment permits
						should be filed on a form and in a manner as designated by the
						Authority.
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 A - Permits › Part 32 - Annual Temporary Solicitor's Employment Permit › Section 32.3 - Restrictions upon issuance of use of permits

Current through Register Vol. 46, No. 28, July 10, 2024
Any manufacturer or wholesaler to whom an annual
						temporary solicitor's employment permit has been issued by the authority may
						temporarily employ persons, eligible for such employment, as solicitors for a
						period not to exceed 60 consecutive working days provided that:
(a) Simultaneously with the commencement of
					 such employment, the manufacturer or wholesaler shall issue to such temporary
					 employee a letter certifying to his employment. Such letter shall be on a
					 letterhead setting forth the name, address and license number of the said
					 manufacturer or wholesaler.
(b)
					 Within 30 days after such employee has been employed as a solicitor, such
					 employee shall file his application for a solicitor's permit with the Liquor
					 Authority. In the event that the authority shall notify any manufacturer or
					 wholesaler that it does not approve the employment of any such temporary
					 employee as a solicitor, the said manufacturer or wholesaler shall forthwith
					 terminate the employment of such person.
(c) No manufacturer or wholesaler shall
					 employ or reemploy any person as a solicitor subsequent to receipt of notice
					 from the Liquor Authority advising that the employment of such individual has
					 been disapproved by the authority.
(d) No person shall be approved for
					 employment as a solicitor contrary to the provisions of subdivision 2 of
					 section 102  of the Alcoholic Beverage Control Law.
(e) This requirement does not apply to the
					 employment of a person already holding a valid solicitor's permit for the
					 current year. In such cases, a record of the change in employers will be
					 endorsed on the authority's records and upon the solicitor's permit upon its
					 submission to the authority's zone office with appropriate authorization by the
					 new employer. The application for endorsement of such solicitor's permit must
					 be submitted to the authority within five days after the solicitor has been
					 employed.
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 A - Permits › Part 33 - Miscellaneous Permits › Section 33.1 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A sheriff,
					 marshal, trustee, receiver, executor, etc., to sell alcoholic beverages in his
					 possession under a court order--$20 single transaction.
(b) A steamship or aircraft company to
					 purchase alcoholic beverages from a manufacturer or wholesaler for consumption
					 outside the territorial jurisdiction of the State:
(1) for a steamship vessel, $20 single
					 transaction; $200 annual;
(2) for
					 aircraft, $20 single transaction; $200 annual.
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 A - Permits › Part 33 - Miscellaneous Permits › Section 33.2 - Place of filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 application for a permit to purchase alcoholic beverages shall be filed on a
					 form and in a manner as designated by the Authority.
(b) An application for a permit to sell
					 alcoholic beverages shall be filed on a form and in a manner as designated by
					 the Authority.
(c) An application
					 for a negotiator's permit shall be filed on a form and in a manner as
					 designated by the Authority.
(d)
					 An application for a plenary permit under subdivision (j) of section
					 33.1 hereof shall be filed on a
					 form and in a manner as designated by the Authority.
(e) An application for a permit by a summer
					 licensee to store alcoholic beverages shall be filed on a form and in a manner
					 as designated by the Authority.
(f)
					 An application for a special events permit shall be filed on a form and in a
					 manner as designated by the Authority.
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 A - Permits › Part 33 - Miscellaneous Permits › Section 33.3 - Permit to sell alcoholic beverages or warehouse receipts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each application for a permit to sell
					 alcoholic beverages must be accompanied by a typewritten inventory, signed by
					 the applicant, listing the quantity, brand name, type of alcoholic beverages
					 and the size of the containers.
(b)
					 Each application by a bank to sell warehouse receipts must be accompanied by a
					 typewritten list, signed by the applicant, listing the name of the company
					 which issued the warehouse receipts, the certificate number, serial number and
					 gallonage of each barrel or case of whiskey represented by such receipts and
					 the place where such liquor is stored.
(c) Each application by a sheriff, marshal,
					 trustee, receiver, executor, etc., to sell alcoholic beverages which came into
					 his possession under a court order must be accompanied by a copy of the
					 execution, if a marshal or sheriff; certified copy of the court order
					 authorizing such sale, if a trustee or receiver in bankruptcy or assignee for
					 the benefit of creditors; certified copy of letters testamentary or
					 administration, if an executor or administrator.
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 A - Permits › Part 33 - Miscellaneous Permits › Section 33.4 - Permit to purchase alcoholic beverages

Current through Register Vol. 46, No. 28, July 10, 2024
An application to purchase alcoholic beverages by a
						manufacturer of products which are unfit for beverage use must be accompanied
						by a letter or photostat of a letter from the Alcohol Tax Unit of the United
						States Treasury Department stating that the products manufactured by the
						applicant are classified as exempt from special and commodity taxes. Such
						certificate of exemption must be filed only with the first application for a
						permit.
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 A - Permits › Part 33 - Miscellaneous Permits › Section 33.5 - Permit to negotiate with wholesaler for an operating agency

Current through Register Vol. 46, No. 28, July 10, 2024
An application by an out-of-state manufacturer or
						wholesaler for a permit to negotiate a contract with one or more licensed
						wholesalers to establish one or more operating agency relationships for the
						sale of its products in this State must be accompanied by:
(a) A photostat of the license to manufacture
					 or sell alcoholic beverages at wholesale issued to the applicant by the
					 licensing body in the state in which it is located, or if applicant is located
					 in a foreign country, a certificate or letter from the consul or other
					 governmental representative certifying that such applicant is licensed to
					 manufacture or sell alcoholic beverages at wholesale in such foreign
					 country.
(b) If the application is
					 executed by an authorized representative, a letter from the out-of-state
					 licensee specifically authorizing such representative to negotiate and
					 consummate one or more agreements with a licensed wholesaler or wholesalers for
					 the establishment of an agency in this State.
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 A - Permits › Part 33 - Miscellaneous Permits › Section 33.6 - Permit valid for one transaction only

Current through Register Vol. 46, No. 28, July 10, 2024
(a) With the exception of annual permits
					 issued under subdivisions (b), (c), (e), or (j) [of section 99-b  of the
					 Alcoholic Beverage Control Law] which are effective for a calendar year, each
					 permit under this section shall be valid for one transaction only. A
					 transaction under a particular permit is meant to include a purchase or sale,
					 as the case may be, from or to one or more licensees at the same
					 time.
(b) A separate permit must be
					 obtained for each trip of the particular vessel or aircraft for which alcoholic
					 beverages are purchased and delivered.
(c) A separate permit must be obtained for
					 each delivery of liquor, wine or beer to the premises of the manufacturer of
					 non-beverage products.
(d) A
					 separate permit must be obtained on each execution or court order for the sale
					 of alcoholic beverages by a marshal, sheriff, trustee or receiver, etc., made
					 pursuant to court order.
(e) A
					 separate permit must be obtained by an out-of-state manufacturer or wholesaler
					 for each wholesaler in this State with whom a contract is to be
					 negotiated.
(f) A separate permit
					 must be obtained by a bank to sell warehouse receipts, as the result of the
					 default in repayment of a loan, on each loan to a licensee.
(g) A separate permit must be obtained by a
					 fire insurance or fire salvage company to sell alcoholic beverages in its
					 possession, for each licensed premises on which a fire occurred.
(h) A separate permit must be obtained by a
					 warehouseman, steamship company, etc., to sell alcoholic beverages on which it
					 has acquired a lien by statute, for each lien so acquired.
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 A - Permits › Part 33 - Miscellaneous Permits › Section 33.7 - Restrictions on purchases and sales

Current through Register Vol. 46, No. 28, July 10, 2024
A permit must be obtained whether the merchandise is tax
						paid or is in a bonded warehouse or customs bonded warehouse.
(a) Alcoholic beverages may be purchased by
					 permittees under this section only from a duly licensed manufacturer or
					 wholesaler in accordance with the terms of the vendor's license.
(b) Alcoholic beverages sold by permittees
					 under this section may be sold only to duly licensed manufacturers, wholesalers
					 or retailers and in accordance with the terms of the purchaser's
					 license.
(c) Warehouse receipts,
					 certificates or other documents issued for the storage of liquor or wine in
					 bulk, may be sold by a permittee bank under this section only to duly licensed
					 manufacturers and wholesalers.
(d)
					 Warehouse receipts, certificates, or other documents issued for the storage of
					 liquors and/or wines in the original sealed containers not exceeding one quart
					 each of liquor or 15 gallons each of wine may be sold by a permittee bank under
					 this section only to duly licensed wholesalers and retailers.
(e) Sales of alcoholic beverages by
					 permittees under this section may be held only on licensed premises or on
					 premises for which a warehouse permit has been issued by the Liquor
					 Authority.
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 A - Permits › Part 33 - Miscellaneous Permits › Section 33.8 - Licensee to obtain copy or photostat of permit

Current through Register Vol. 46, No. 28, July 10, 2024
Each such permit shall be issued in duplicate and the
						original permit shall be retained by the permittee.
(a) When the permit authorizes purchases of
					 alcoholic beverages, the duplicate permit or photostat copy thereof, shall be
					 delivered by the permittee to the licensed manufacturer or wholesaler from whom
					 such permittee purchases alcoholic beverages.
(b) Where the permit authorizes sales of
					 alcoholic beverages, the duplicate permit, or a photostat copy thereof, shall
					 be delivered to the licensed manufacturer, wholesaler or retailer to whom such
					 permittee sells alcoholic beverages.
(c) Where the permit authorizes receipt of
					 alcoholic beverages, the duplicate permit, or a photostat copy thereof, shall
					 be delivered to the person who ships the merchandise to the
					 permittee.
(d) The holder of a
					 negotiator's permit shall deliver the duplicate permit or a photostat copy
					 thereof to the wholesaler with whom such permittee negotiates for the
					 establishment of an agency to distribute its products.
(e) Every licensee who sells, receives or
					 purchases alcoholic beverages from the holder of a miscellaneous permit shall
					 retain the duplicate permit or the photostat for a period of two
					 years.
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 A - Permits › Part 33 - Miscellaneous Permits › Section 33.9 - Delivery and storage of alcoholic beverages

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The alcoholic beverages sold by a
					 licensee to a permittee, or sold to a licensee by a permittee must be delivered
					 simultaneously with the sale, and a separate permit must be obtained for each
					 delivery of alcoholic beverages to a permittee.
(b) Such alcoholic beverages may not be
					 stored by a licensee for a permittee, in excess of 48 hours, except by express
					 permission first obtained by the permittee from the Liquor Authority in
					 writing.
(c) All alcoholic
					 beverages sold to a steamship company or aircraft company must be delivered
					 directly to the vessel or aircraft.
(d) All alcoholic beverages sold to a
					 purchasing agent representing a principal outside the state must be delivered
					 to the steamship vessel, railroad car or transportation company for shipment to
					 the principal outside the state, except by express permission first obtained by
					 the permittee from the Liquor Authority in writing.
(e) Shipments of alcoholic beverages to other
					 states or countries may be made only pursuant to the laws of such state or
					 country.
(f) An application by a
					 summer licensee for a permit to store alcoholic beverages on the premises
					 between the expiration of the license period and the issuance of a new license
					 for such premises for the following license period shall be accompanied by an
					 inventory of the alcoholic beverage to be stored, setting forth quantity, type,
					 size of containers and brand names.
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 A - Permits › Part 33 - Miscellaneous Permits › Section 33.10 - Size of containers; labels on containers

Current through Register Vol. 46, No. 28, July 10, 2024
All alcoholic beverages purchased or sold by permittees
						under this section must be in the original sealed containers and must conform
						with the provisions of the law with respect to labels and the size of
						containers, except by express permission first obtained by the permittee from
						the Liquor Authority in writing.
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 A - Permits › Part 33 - Miscellaneous Permits › Section 33.11 - Payment of taxes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 permittee authorized to sell, purchase, or receive alcoholic beverages under
					 this section shall pay the excise taxes imposed by or under the provisions of
					 article 18 of the Tax Law and shall comply with the rules and regulations of
					 the State Tax Commission.
(b) In
					 addition to the foregoing, each permittee who receives alcoholic beverages from
					 outside the United States shall pay all customs duties and internal revenue
					 taxes which may be imposed thereon.
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 A - Permits › Part 33 - Miscellaneous Permits › Section 33.12 - Restrictions on negotiator's permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A negotiator permittee shall not offer
					 for sale or solicit any order in this State for the sale of any alcoholic
					 beverages.
(b) Samples of the
					 alcoholic beverages manufactured or sold by the principal may not be imported
					 into this State until such permit is obtained.
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 A - Permits › Part 33 - Miscellaneous Permits › Section 33.13 - Restriction on plenary permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 plenary permit to receive liquor as a dividend from a distillery will be issued
					 to any person who is interested in the sale of alcoholic beverages at retail in
					 this State, in any manner whatsoever, either as owner or partner, or as
					 stockholder, officer or director of a corporation.
(b) No plenary permit will be issued to any
					 person to purchase or receive more than 18 cases of liquor for his personal
					 consumption.
(c) Under a plenary
					 permit to receive liquor as a dividend from a distillery, the cases of liquor
					 represented by a single share of stock must either be imported in their
					 entirety for personal consumption or sold in their entirety to a licensee. They
					 may not be split up by selling a portion thereof and retaining a portion for
					 personal consumption.
(d) Under a
					 plenary permit to store alcoholic beverages, such alcoholic beverages shall not
					 be sold, consumed or removed from the premises unless an appropriate license or
					 permit has first been obtained from the Liquor Authority.
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 A - Permits › Part 33 - Miscellaneous Permits › Section 33.14 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each permittee
					 authorized to sell alcoholic beverages by virtue of a permit issued pursuant to
					 subdivisions (a), (d), and (g) of section 99-b [of the Alcoholic Beverage
					 Control Law] and specifically every sheriff, marshal, assignee for the benefit
					 of creditors, trustee or receiver in bankruptcy, executor or administrator of
					 an estate, fire insurance company or fire salvage company, warehouseman,
					 railroad company, steamship company, or other person who has acquired a lien
					 pursuant to law for the storage or carriage of alcoholic beverages, shall
					 furnish a report to the Authority setting forth therein the name, address, and
					 license number of the purchaser of alcoholic beverages at the sale consummated
					 under the terms of the permit, listing in the report the alcoholic beverages by
					 brand name, container size, and quantity together with the date of the sale and
					 the amount of money received. Such report shall be filed, within 30 days after
					 the date of the sale, at the zone office of the Authority which issued the
					 permit.
(b) Where a permittee fails
					 to comply with the foregoing provisions no further permit shall be issued to
					 him except by approval of the members of the Authority.
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 A - Permits › Part 33 - Miscellaneous Permits › Section 33.15 - Charitable permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A permit
					 may be issued to an organization to sell alcoholic beverages, at auction or
					 otherwise, where the Authority is satisfied (1) that contributions made by an
					 individual donor to such organization are deductible for Federal income tax
					 purposes; (2) that the funds so raised will be used for the non-profit purposes
					 of the organization; (3) that all such alcoholic beverages shall be in sealed
					 containers; and (4) that not more than 20 cases shall be sold. Such permit
					 shall be valid for a 24-hour period commencing at 8 a.m. and only during the
					 hours when such alcoholic beverages may lawfully be sold by retail licensees in
					 the county in which the auction or sale is held. No alcoholic beverages sold
					 pursuant to such permit shall be consumed on the premises at which they are
					 sold.
(b) The fee for a one-day
					 permit shall be $20.
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 A - Permits › Part 35 - Special Permit To Remain Open During Certain Hours Of The Morning › Section 35.1 - Application of rule

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to all permits issued under section 99 (1)  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 A - Permits › Part 35 - Special Permit To Remain Open During Certain Hours Of The Morning › Section 35.2 - Filing of application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 application for a permit must be filed with the authority no less than 45 days
					 prior to the date for which the permit is sought.
(b) Notice of the applicant's intent to apply
					 for the permit must be sent to the police department of the municipality in
					 which the licensed premises is located. If such municipality has no police
					 department, notice must be sent to the county sheriff's department.
(1) The applicant must submit proof of
					 mailing of such notice with the application;
(2) acceptable proof of mailing shall consist
					 of either:
(i) copy of the notice sent to the
					 police department and the original or a copy of the certified mail receipt
					 card; or
(ii) the original or a
					 copy of the notice date stamped and signed by the police department.
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 A - Permits › Part 35 - Special Permit To Remain Open During Certain Hours Of The Morning › Section 35.3 - Privileges granted by permit

Current through Register Vol. 46, No. 28, July 10, 2024
A permit shall allow on premises licensees to serve
						alcoholic beverages between the hours of 4 a.m., or the closing hour proscribed
						in the licensee's county, and 8 a.m.
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 A - Permits › Part 35 - Special Permit To Remain Open During Certain Hours Of The Morning › Section 35.4 - Restrictions upon issuance and use of permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A permit shall authorize only the sale
					 and service of those alcoholic beverages which the licensee is authorized to
					 sell under its on-premises license.
(b) In exercising its discretion in
					 determining whether to issue the permit, the authority shall consider the
					 following:
(1) licensee's disciplinary
					 history, including any pending proceedings; and
(2) whether, given the nature of the
					 function, occasion or event, the licensee has adequate security plans and
					 facilities.
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 A - Permits › Part 35 - Special Permit To Remain Open During Certain Hours Of The Morning › Section 35.5 - Review process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Applications shall be reviewed by the Licensing Bureau. A determination on an
					 application shall be made within 10 business days of the authority's receipt of
					 the application.
(b) In the event
					 that the application is disapproved, the licensee may seek reconsideration of
					 the determination by the members of the authority.
(c) Requests for reconsideration shall be
					 submitted in writing to the Chairman's Office, 80 South Swan Street, Suite 900,
					 Albany, NY 12210-8002. Such requests shall then be reviewed by a member of the
					 authority. A determination on the request shall be made within 10 business days
					 after receipt of the request.
(d) A
					 decision by a member of the authority on a request for reconsideration shall be
					 considered a final determination of the authority.
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 40 - Renewal Of Licenses › Section 40.1 - Application forms

Current through Register Vol. 46, No. 28, July 10, 2024
The Liquor Authority will prescribe the form and manner
						of filing of applications for renewal of licenses. No application will be
						accepted except on the forms and in the manner prescribed by the Liquor
						Authority and unless accompanied by the documents hereinafter
						prescribed.
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 40 - Renewal Of Licenses › Section 40.3 - Date for filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Applications for the renewal of licenses must be filed within the period
					 prescribed by the Liquor Authority, as set forth in the instructions
					 accompanying the renewal advisory mailed to licensees.
(b) No application for the renewal of a
					 license will be accepted more than 30 days after the expiration of the
					 preceding license period, except for good cause shown.
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 40 - Renewal Of Licenses › Section 40.4 - Use of forms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Renewal
					 application forms must be used in the following instances:
(1) Generally. Where there has been no change
					 in the licensee, the location of premises, or the type of license, and there
					 will be no such change at the commencement of the new license period.
(2) Dissolution of partnership. Where one or
					 more members of a partnership licensee are retiring from the partnership at the
					 commencement of the new license period, and the remaining partners intend to
					 continue the business after that date. In such cases, the renewal application
					 must be accompanied by an endorsement application, signed by the outgoing and
					 the remaining partners. The renewal application must be executed by all the
					 remaining partners.
(3) Death of a
					 licensee.
(i) Where the licensee, or one of
					 the members of a licensed partnership dies before the renewal application is
					 filed, and a certificate of endorsement under section 122 of the law has been
					 applied for and issued, the renewal application must then be made out to
					 conform to the endorsement certificate.
(ii) Where the licensee, or a member of a
					 licensed partnership dies after the renewal application has been filed, the
					 zone office must be immediately notified and instructions thereafter issued by
					 the zone office must be followed.
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 40 - Renewal Of Licenses › Section 40.5 - Documents which must accompany the application

Current through Register Vol. 46, No. 28, July 10, 2024
Each application for the renewal of a license must be
						accompanied by the following:
(a)
					 Check, draft or any method authorized by section 114-a  of the Alcoholic
					 Beverage Control Law for the required fee.
(b) Appropriate bond issued by an approved
					 surety company.
(c) Certificate
					 authorizing use of trade name, duly certified; unless applicant is not
					 conducting business under a trade name, or if such certificate has been
					 previously filed with the Liquor Authority.
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 40 - Renewal Of Licenses › Section 40.6 - Local board recommendations (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 45 - Limitation On Removals Of Premises Licensed To Sell Liquor And/or Wine For Off-premises Consumption (Repealed) › Section 45.1 - Petitions for removal (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 45 - Limitation On Removals Of Premises Licensed To Sell Liquor And/or Wine For Off-premises Consumption (Repealed) › Section 45.2 - Limitation on removals (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 46 - Corporate Change Applications › Section 46.1 - Applications for corporate change involving two or more licensed premises

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the same
					 corporation operates two or more premises separately licensed under this
					 chapter (L.1963, ch. 204), the licensee shall file one corporate change
					 application and attach thereto a list of all licenses issued by the Authority
					 in the name of the licensee. The application shall be filed, together with the
					 appropriate fee, with the State Liquor Authority on a form and in a manner as
					 designated by the Authority.
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 47.1 - General prohibition

Current through Register Vol. 46, No. 28, July 10, 2024
Except as hereinafter provided, no licensee shall make
						any physical change in or otherwise alter a licensed premises unless such
						licensee has applied to and received permission therefor from the Liquor
						Authority in writing.
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 47.2 - General exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 foregoing shall not apply to painting and redecorating of licensed premises;
					 the installation or replacement of electrical, plumbing, refrigeration, air
					 conditioning and heating fixtures and equipment; the lowering of ceilings; the
					 installation and replacement of floor coverings and the replacement of
					 furniture and equipment, except that no bar shall be replaced without
					 permission unless by a bar of the same or a lesser size in the same
					 location.
(b) In the event of any
					 emergency rendering the physical structure hazardous or posing any danger to
					 persons inside or outside of the premises, emergency repairs may be made
					 notwithstanding any provision herein provided the appropriate zone office of
					 the Authority is notified thereof in writing within four days after the
					 initiation of such repairs.
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 47.3 - Other exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Manufacturers and wholesalers may install or replace office equipment and where
					 applicable, equipment used in the process of manufacture without requesting
					 permission from the Authority.
(b)
					 Retail beer licensees (off-premises consumption) may effect alterations to the
					 interior of their premises which do not involve any enlargement or contraction
					 of the licensed premises or the installation of any equipment or facilities for
					 the sale of food or beverages for on-premises consumption without securing the
					 permission of the Authority.
(c)
					 Retail wine and liquor licensees (off-premises consumption) may install or
					 replace counters not more than 42 inches in height and install or replace
					 shelving attached to walls without securing the permission of the
					 Authority.
(d) Restaurant (liquor
					 and wine), catering establishment and eating place beer licensees may make the
					 following alterations to their licensed premises without securing the
					 permission of the Liquor Authority:
(1)
					 Replace booths with tables and chairs (same capacity) or vice versa provided
					 such booths do not exceed 42 inches in height.
(2) Install a partition or screen suspended
					 from ceiling (not obstructing visibility, and not extending below a point at
					 least seven feet above the floor).
(3) Install or replace kitchen equipment with
					 no change in size of the kitchen.
(4) Removal of any amusement
					 device.
(5) Replacement of an
					 amusement device previously approved by the Authority by another similar device
					 of the same size.
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 47.4 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for permission to make alterations shall be
						filed on a form and in a manner as designated by the
						Authority.
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 47.6 - Application for alteration

Current through Register Vol. 46, No. 28, July 10, 2024
No alterations to a licensed premises other than as
						specified in the exceptions hereto (see section
						47.2 or
						47.3 of this Part), may be effected
						unless application has been made to and permission received from the Authority
						in writing and in each of the following instances which are deemed substantial
						alterations, the application for permission to effect alterations must be
						accompanied by the appropriate fee as prescribed in section
						47.5 hereof.
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 47.8 - Amusement devices

Current through Register Vol. 46, No. 28, July 10, 2024
The installation of a recreational or amusement device
						requiring the utilization of substantial floor space may be deemed to detract
						from the functioning of the required dining facilities and to materially affect
						the character of the premises, thereby providing grounds for the disapproval of
						the requested alteration.
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 47.9 - Alterations not deemed substantial

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for alterations other than substantial
						alterations shall be made in the same manner as prescribed for substantial
						alterations except that no fee need accompany the same.
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 48.1 - Types of premises

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to any other class of premises which the
						Authority may declare to be eligible therefor, the following types of premises
						qualify for on-premises licenses and are governed by this Part:
(a) Premises in which the principal business
					 shall be the sale of food or beverages at retail for consumption on the
					 premises.
(b) Premises in which the
					 principal business shall be the operation of a legitimate theatre, a concert
					 hall or an opera house. No such license shall, however, be issued to a motion
					 picture theatre.
(c) Premises in
					 which the principal business shall be the operation of a bowling establishment,
					 a public dance hall, or a night club featuring regularly scheduled cabaret
					 entertainment.
(d) Premises that
					 are a part of a facility the principal business of which shall be the providing
					 of adult recreation in the form of golf, tennis, swimming, skiing, ice skating
					 or boating.
(e) Premises in which
					 the principal business shall be the accommodation of athletic or sporting
					 events, expositions and other similar events or occasions requiring the
					 accommodation of large gatherings of persons.
(f) Excursion and sight-seeing
					 vessels.
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 48.2 - Conduct of licensed premises

Current through Register Vol. 46, No. 28, July 10, 2024
The proper conduct of on-premises licensed establishments
						is essential to the public interest. Failure of a 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 this Part to insure 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. Persons licensed hereunder shall also have a particular
						responsibility to conform with those provisions of section 260.20  of the Penal
						Law and sections 398-c and 399-d  of the General Business Law, which relate to
						the admission of minors to premises wherein alcoholic beverages are
						sold.
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 48.3 - Conformance with local and other regulations

Current through Register Vol. 46, No. 28, July 10, 2024
The Authority expects all on-premises licensees,
						regardless of type of premises, to conform with all applicable building codes,
						fire, health, safety and governmental regulations.