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 E - Miscellaneous Provisions › Part 95 - Freedom Of Information › Section 95.5 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted
						and records produced between 10 a.m. and 4 p.m. on all days when the Authority
						is regularly open for business.
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 E - Miscellaneous Provisions › Part 95 - Freedom Of Information › Section 95.6 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request for records shall be in
					 writing. However, written requests shall not be required for records that have
					 been customarily available without written request.
(b)
(1)
					 Except under extraordinary circumstances, officials shall respond to a request
					 for records no more than five business days after receipt of the request,
					 whether the request is oral or in writing.
(2) If, because of extraordinary
					 circumstances, more than five business days are required to respond to a
					 request, receipt of the request shall be acknowledged within five business days
					 after the request is received. The acknowledgment shall state the reason for
					 delay and estimate the date when a reply will be made.
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 E - Miscellaneous Provisions › Part 95 - Freedom Of Information › Section 95.7 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial
					 of access to records shall be in writing stating the reason therefor and
					 advising the requester of the right to appeal to the individuals authorized to
					 hear appeals.
(b) If requested
					 records are not provided promptly, as required in section
					 95.6(b) of this
					 Part, such failure shall also be deemed a denial of access.
(c) Any one of the following persons shall
					 hear appeals for denial of access to records under the Freedom of Information
					 Law:
(1) Chief Executive Officer
2 World Trade Center, New York City.
(2) Counsel to the Authority
2 World Trade Center, New York City.
(3) Deputy Commissioner in charge of
					 Licensing--Statewide
2 World Trade Center, New York City.
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 E - Miscellaneous Provisions › Part 95 - Freedom Of Information › Section 95.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
					 no fee charged for
(1) Inspection of
					 records.
(2) Search for records,
					 except that a reasonable fee may be charged in the discretion of the chief
					 executive officer or the secretary to the Authority where such search will
					 entail an inordinate length of time.
(3) Any certification pursuant to 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 E - Miscellaneous Provisions › Part 95 - Freedom Of Information › Section 95.9 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice containing the job title and business address of
						the records access officers and fiscal officer; the job title, business address
						and telephone number of the appeal person or persons or body, and the location
						where records can be seen or copied, shall be posted in a conspicuous location
						wherever records are kept.
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 E - Miscellaneous Provisions › Part 95 - Freedom Of Information › Section 95.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof
						to any person or circumstances is adjudged invalid by a court of competent
						jurisdiction, such judgment shall not affect or impair the validity of the
						other provisions of this Part or the application thereof to other persons and
						circumstances.
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 E - Miscellaneous Provisions › Part 96 - Duration Of Permits › Section 96.1 - Duration of permits

Current through Register Vol. 46, No. 28, July 10, 2024
The duration of the following permits, effective on and
						after January 1, 1976, shall be as follows:
(a) Solicitors' permits (including annual
					 temporary solicitors' employment permits), effective for the calendar year
					 1976, shall expire on December 31, 1976. Thereafter, the term of such permits
					 shall be three calendar years commencing January 1, 1977 and ending December
					 31, 1979, and every three calendar years thereafter.
(b) Trucking permits shall expire on December
					 31, 1977. Thereafter, the term of trucking permits shall be three calendar
					 years commencing January 1, 1978 and ending December 31, 1980, and every three
					 calendar years thereafter.
(c) The
					 following permits shall have a duration of three calendar years, the first such
					 period to commence January 1, 1976 and end on December 31, 1978:
Section
91. Industrial alcohol permit
91-a. Industrial alcohol manufacturer's permit
92. Alcohol permit
92-a. Alcohol distributor's permit
93-a. Broker's permit
95. Drug store permit
96. Warehouse permit
96-a. Bottling permit
99-b. Miscellaneous permits (annual)
(a) Steamship for ship's stores
(b) Manufacture of products unfit for
					 beverage use
(c) Hospital permit
					 for medicinal use
(d) Negotiator's
					 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 E - Miscellaneous Provisions › Part 96 - Duration Of Permits › Section 96.2 - Computation of permit fees

Current through Register Vol. 46, No. 28, July 10, 2024
The fee for any such permit shall be equal to the
						respective annual fee specified in the Alcoholic Beverage Control Law
						multiplied by the number of years for which such permit is
						issued.
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 E - Miscellaneous Provisions › Part 97 - Duration Of Retail Beer Licenses › Section 97.1 - Duration of permits (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 E - Miscellaneous Provisions › Part 97 - Duration Of Retail Beer Licenses › Section 97.2 - Computation of fees

Current through Register Vol. 46, No. 28, July 10, 2024
The fee for any such beer license shall be equal to the
						respective annual fee specified in the Alcoholic Beverage Control Law
						multiplied by the number of years for which such license is
						issued.
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 E - Miscellaneous Provisions › Part 98 - Declaratory Rulings › Section 98.1 - Declaratory rulings

Current through Register Vol. 46, No. 28, July 10, 2024
Any person may apply to the Authority for a declaratory
						ruling with respect to the applicability to any person, property or state of
						facts of any rule or statute enforceable 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 E - Miscellaneous Provisions › Part 98 - Declaratory Rulings › Section 98.2 - Petitions

Current through Register Vol. 46, No. 28, July 10, 2024
Petitions for declaratory rulings shall:
(a) Contain a statement that a declaratory
					 ruling is requested.
(b) Include a
					 short concise statement of the state of facts or uncertainty with respect to
					 which a declaratory ruling is required, including a full disclosure of the
					 petitioner's interest.
(c) Be
					 addressed to Counsel, State Liquor Authority, Two World Trade Center, New York,
					 New York 10047.
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 E - Miscellaneous Provisions › Part 98 - Declaratory Rulings › Section 98.3 - Issuance of declaratory rulings

Current through Register Vol. 46, No. 28, July 10, 2024
Declaratory rulings will be issued only in the discretion
						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 E - Miscellaneous Provisions › Part 98 - Declaratory Rulings › Section 98.4 - Conditions

Current through Register Vol. 46, No. 28, July 10, 2024
No opinion, letter of advice, or other communication by
						the Authority shall be deemed a declaratory ruling unless it contains a
						statement that it is a declaratory ruling or is issued in response to a
						petition which complies with all of the conditions of section
						98.2 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 E - Miscellaneous Provisions › Part 98 - Declaratory Rulings › Section 98.5 - Binding effect

Current through Register Vol. 46, No. 28, July 10, 2024
Declaratory rulings shall be binding on the Authority and
						shall not be retroactively changed.
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 E - Miscellaneous Provisions › Part 99 - Deceptive Or Misleading Advertising By Package Store Licensees › Section 99.1 - Declaration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The authority
					 recognizes that responsible advertising of alcoholic beverages by licensees
					 constitutes a proper medium of information to the general public. Advertising
					 which is deceptive or misleading to the consumer or general public is contrary
					 to the public interest and is not conducive to the proper regulation and
					 control of the traffic in alcoholic beverages.
(1) Advertisements of any kind which tend to
					 promote the belief that groups of package stores are being operated as a liquor
					 store chain or are jointly owned or operated are misleading and
					 deceptive.
(2) It is the considered
					 judgment of the authority that, in the absence of appropriate notification to
					 the public, joint or group advertisements listing the names and addresses of
					 multiple licensees and containing a common symbol or name, and related
					 practices involving the use of such common symbol or name, may (i) create the
					 impression that the licensees are a chain enterprise or are jointly owned,
					 operated or controlled, (ii) tend to deceive the consumer, and (iii) constitute
					 misleading and deceptive advertising and offering of alcoholic
					 beverages.
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 E - Miscellaneous Provisions › Part 99 - Deceptive Or Misleading Advertising By Package Store Licensees › Section 99.2 - Deceptive or misleading advertising

Current through Register Vol. 46, No. 28, July 10, 2024
No retail package store licensee shall engage in any
						deceptive or misleading advertising, or cause or permit his name to appear in,
						or be used in conjunction with, any deceptive or misleading
						advertisement.
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 E - Miscellaneous Provisions › Part 99 - Deceptive Or Misleading Advertising By Package Store Licensees › Section 99.3 - Joint advertising

Current through Register Vol. 46, No. 28, July 10, 2024
Any one or more package store licensees may, jointly or
						singly, advertise alcoholic beverages in accordance with this Part. However, if
						such advertisement contains (a) the name, trade name, trademark, insignia,
						symbol or logotype of any unlicensed person, corporation, cooperative
						advertising group or business entity, or (b) any trade name, trademark,
						insignia, symbol or logotype not belonging exclusively to one participating
						package store licensee, then such advertisement shall also prominently feature,
						in bold print, the following statement:
"UNDER STATE LAW, ANY PACKAGE STORE IS ENTITLED TO BUY
						ANY ITEM OF LIQUOR OR WINE SHOWN IN THIS ADVERTISEMENT AT THE SAME PRICE PAID
						BY THE STORES LISTED IN THIS AD. UNDER STATE LAW, RETAILERS MAY NOT SELL LIQUOR
						OR WINE BELOW LEGALLY ESTABLISHED MINIMUM PRICES. THE LISTED STORES ARE
						INDEPENDENTLY OWNED AND OPERATED, THEY ARE NOT A CHAIN AND ARE NOT A
						COOPERATIVE BUYING GROUP."
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 E - Miscellaneous Provisions › Part 99 - Deceptive Or Misleading Advertising By Package Store Licensees › Section 99.4 - Signs on licensed premises

Current through Register Vol. 46, No. 28, July 10, 2024
No package store licensee shall display any sign on the
						exterior or in the interior of his licensed premises which contains or
						advertises (a) the name, trade name, trademark, insignia, symbol or logotype of
						any other retail licensee, or of any unlicensed person, corporation,
						cooperative advertising group or business entity, or (b) any trade name,
						trademark, insignia, symbol or logotype not belonging exclusively to such
						licensee, unless there is prominently posted, at or near each checkout counter
						or cash register, a sign containing the following statement:
"NOTICE TO CONSUMERS UNDER STATE LAW, ANY PACKAGE STORE
						IS ENTITLED TO BUY ANY STANDARD BRAND OF LIQUOR OR WINE AT THE SAME PRICE PAID
						BY THIS PACKAGE STORE. UNDER STATE LAW, RETAILERS MAY NOT SELL LIQUOR OR WINE
						BELOW LEGALLY ESTABLISHED MINIMUM PRICES. THIS STORE IS INDEPENDENTLY OWNED AND
						OPERATED. IT IS NOT PART OF ANY CHAIN OR COOPERATIVE BUYING
						GROUP."
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 E - Miscellaneous Provisions › Part 99 - Deceptive Or Misleading Advertising By Package Store Licensees › Section 99.5 - Quality and identity of product

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No package store licensee shall advertise
					 any product unless such advertisement affords the consumer adequate information
					 as to the quality and identity of such product.
(b) An advertisement for distilled spirits
					 shall be deemed to afford the consumer adequate information as to the quality
					 and identity of such product if it sets forth the brand name and fluid content
					 thereof. In the event the brand label thereof is privately owned by such
					 licensee, such advertisement may contain, in lieu of the brand name, a
					 statement to the effect that such product is a private label or sold
					 exclusively by such licensee.
(c)
					 An advertisement for wine shall be deemed to afford the consumer adequate
					 information as to the quality and identity of the product if it sets forth the
					 brand name, type and fluid content of such wine, and, if such wine is imported,
					 the country of origin. In the event the brand label thereof is privately owned
					 by such licensee, such advertisement may contain, in lieu of the brand name, a
					 statement to the effect that such product is a private label or sold
					 exclusively by 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 E - Miscellaneous Provisions › Part 99 - Deceptive Or Misleading Advertising By Package Store Licensees › Section 99.6 - Price advertising, sales

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No package store licensee shall cause or
					 permit to appear in any advertisement, or on the exterior or in the interior of
					 his licensed premises, any statement of the price, approximate or otherwise, at
					 which a product has been formerly sold, or which is represented to be the
					 suggested retail price, list price, or true or actual value of such product, if
					 any such price differs from the actual retail price then currently charged for
					 such product by such licensee, or any statement setting forth or suggesting the
					 dollar amount or percentage by which the price then currently charged for such
					 product by such licensee is less than any such former suggested retail price,
					 list price,or true or actual value.
(b) No package store licensee shall cause or
					 permit to appear in any advertisement, or on the exterior or in the interior of
					 his licensed premises, any statement representing a product as being on saleor
					 special, or words to such effect, unless such product is then being offered for
					 sale by such licensee at a price which is lower than the lowest price charged
					 for such product by such licensee at any time during either of the two
					 immediately preceding calendar months.
(c) Nothing contained in subdivisions (a) and
					 (b) of this section shall be construed as requirng or permitting any licensee
					 to sell or advertise any product in violation of sections 101-bb or 101-bbb 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 E - Miscellaneous Provisions › Part 99 - Deceptive Or Misleading Advertising By Package Store Licensees › Section 99.7 - Advertisement defined

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the terms advertise and
						advertisement shall mean any advertising of alcoholic beverages through the
						medium of radio broadcast, television broadcast, newspapers, periodicals or
						other publications, outdoor advertisement, or any other printed or graphic
						matter, including booklets, flyers or cards.
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 E - Miscellaneous Provisions › Part 99 - Deceptive Or Misleading Advertising By Package Store Licensees › Section 99.8 - Use of brand names in advertisements

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing contained in this Part shall be deemed to
						preclude any licensee from including in any advertisement the name or picture
						of any product which is brand label registered pursuant to section 107-a  of the
						Alcoholic Beverage Control Law and which is then being offered for sale by 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 E - Miscellaneous Provisions › Part 99 - Deceptive Or Misleading Advertising By Package Store Licensees › Section 99.9 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
For good cause shown to its satisfaction, the authority
						may grant waivers to licensees adversely affected by this Part, under such
						terms and conditions as the authority deems appropriate.
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 E - Miscellaneous Provisions › Part 100 - Employment Of Police Officers In Licensed Premises › Section 100.1 - Employment of police officers in licensed premises

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A police officer employed in this State,
					 having written permission and consent from his commanding officer, may work in
					 a premises licensed to sell beer at retail for off-premises consumption under
					 section 54  of the Alcoholic Beverage Control Law.
(b) A copy of such written consent shall be
					 kept on the licensed premises throughout the period of employment of such
					 police officer in such licensed 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 E - Miscellaneous Provisions › Part 101 - Special Entertainment Permits For Minors › Section 101.1 - Special entertainment permits for minors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person under the age of 18 may apply
					 to the authority for a special permit to appear as an entertainer on premises
					 licensed to sell alcoholic beverages at retail.
(b) Such permit shall be issued in the
					 authority's discretion and shall not be issued if the authority finds that the
					 entertainment that the applicant is intending to perform may be contrary to the
					 applicant's best interests.
(c) No
					 such permit shall be issued unless there appears on the application the written
					 consent of both parents or the lawful guardian or guardians of such
					 minor.
(d) Except for good cause
					 shown to the authority's satisfaction, no such permit shall be issued to any
					 person under the age of 16 unless such person has been issued a child
					 performer's permit pursuant to section 3229  of the Education Law.
(e) In addition to such other information as
					 may be required by the authority, such application shall contain a description
					 of the entertainment the minor intends to perform, as well as a description of
					 any other entertainment to be offered in the licensed premises during the
					 minor's proposed appearance.
(f)
					 Such permit shall be valid only for the date or dates specified in the
					 application, and for performances only at the licensed premises specified
					 therein. In no event shall such permit be issued for a period exceeding one
					 year.
(g) There shall be no fee
					 imposed for any such permit.
(h) No
					 such permit shall be valid for any appearance unless a parent or legal guardian
					 of the minor is present throughout such appearance. Any such appearance without
					 the presence of such parent or guardian may constitute a violation of section 100 (2-b)  of the Alcoholic Beverage Control Law, by the licensee.
(i) Such permit may be revoked by the
					 authority for cause, and shall be revoked, without a hearing, promptly upon the
					 written request of the minor's parents or legal guardian.
(j) No such permit shall be required in
					 connection with any appearance by a minor which is otherwise permitted by
					 section 100 (2-b)  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 E - Miscellaneous Provisions › Part 103 - Warehouse Permits › Section 103.1 - Storage of alcoholic beverages

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No licensee may store alcoholic beverages
					 in and upon any premises other that its licensed premises unless a warehouse
					 permit is obtained. A warehouse permit will not be issued for premises from
					 which alcoholic beverages may be sold at retail.
(b) Warehouse is defined as any place in
					 which alcoholic beverages are housed or stored or where alcoholic beverages are
					 off loaded for any period of time.
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 E - Miscellaneous Provisions › Part 103 - Warehouse Permits › Section 103.2 - Issuance of warehouse permit

Current through Register Vol. 46, No. 28, July 10, 2024
A warehouse permit may be issued to any person except for
						the restrictions enumerated in section
						103.3 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 E - Miscellaneous Provisions › Part 103 - Warehouse Permits › Section 103.3 - Restrictions on warehouse permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Chapter 545 of the Laws of 1995
					 restricted the issuance of warehouse permits. No warehouse permit shall be
					 issued to any person licensed under sections 54 and 54-a  of the Alcoholic
					 Beverage Control Law except under certain criteria. The effective date is
					 January 1, 1996.
(b) Eligibility
					 criteria. Any person licensed under sections 54 and 54-a  of the Alcoholic
					 Beverage Control Law may apply and be considered for a warehouse permit if they
					 meet the following criteria: The warehouse sought to be licensed will provide
					 storage of a private label brand of beer for which the licensee is the
					 registered owner or for a brand or brands of beer for which the licensee is the
					 exclusive retail seller in the 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 E - Miscellaneous Provisions › Part 103 - Warehouse Permits › Section 103.4 - Special retail warehouse permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Chapter 545 of the Laws of 1995 empowered the authority to issue a special
					 retail warehouse permit to persons licensed pursuant to sections 54 and 54-a  of
					 the Alcoholic Beverage Control Law under conditions listed in subdivisions (b)
					 and (c) of this section.
(b) No
					 more than five such permits may be issued on a statewide basis at any
					 time.
(c) No licensed premise owned
					 by a licensee can have more than 2,500 square feet of retail space and no
					 licensee can employ more than five people on each premises during any period of
					 operation.
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 E - Miscellaneous Provisions › Part 103 - Warehouse Permits › Section 103.5 - Multiple licensees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 order for a warehouse permit or a special retail warehouse permit to be issued
					 to a person holding more than one section 54 or 54-a license the following
					 criteria must be met:
(1) All licensees must
					 be under common ownership/control. Franchise operations where each license is
					 under a different ownership are not eligible.
(2) Accurate records must be maintained on
					 deliveries (brands, size, amount) made from the warehouse to individual
					 licensed 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 E - Miscellaneous Provisions › Part 104 - Publication Notice By Applicants For On-premises Licenses › Section 104.1 - Publication notice by applicants for on-premises licenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every person applying for a license
					 issued pursuant to section 51, subdivision 4, section 55, 64, 64-a, 64-c, 81 or
					 81-a shall publish a notice stating where the premises are located.
(b) Where the prospective licensed premises
					 are located in any county other than New York, Kings, Queens or Bronx, notice
					 shall be published once a week for two successive weeks in a daily or weekly
					 newspaper to be designated by the county clerk, published in the city, town or
					 village in which the prospective licensed premises are located, and if there be
					 none, in the county where the proposed premises are to be located in a daily or
					 weekly once a week for two successive weeks.
(c) Where the prospective licensed premises
					 are located in the counties of New York, Kings, Queens or Bronx, such notice
					 shall be published once a week for two successive weeks in one daily and one
					 weekly newspaper, to be designated by the county clerk, published in the county
					 in which the prospective licensed premises are located.
(d) The notice to be so published shall be
					 printed in English, in substantially the following form:
(1) Form of notice for on-premises license.
					 Notice is hereby given that license (fill in beer, liquor or wine as the case
					 may be, and license number) has been applied for by the undersigned to sell
					 (beer, liquor or wine, as the case may be) at retail in a (hotel, club,
					 restaurant, vessel, car, or other type of establishment, as the case may be)
					 under the alcoholic beverage control law at (fill in street address, city, town
					 or village and county in which the prospective licensed premises are located)
					 for on-premises consumption.
... [Name of Licensee]
						.................................................................................
... [Address of 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 E - Miscellaneous Provisions › Part 105 - Cider Tastings And Sales › Section 105.1 - Cider tastings and sales

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 person licensed as a cider producer or wholesaler may conduct cider tastings of
					 New York State labeled cider in premises licensed to sell alcoholic beverages
					 pursuant to Part 63 of this Title for off-premises consumption.
(b) Such cider tastings may also be conducted
					 in premises licensed pursuant to Part 64 of this Title for on-premises
					 consumption.
(c) Cider producers or
					 wholesalers may apply for a permit to sell cider by the bottle during such
					 tastings in premises licensed for on-premises consumption.
(d) Such cider producers or wholesalers may
					 charge a fee of not more than 25 cents for each sample tasted.
(e) Such cider tastings shall be conducted by
					 an official agent, representative or solicitor of one or more of the cider
					 producers or wholesalers and that person shall be present at all times during
					 the cider tastings.
(f) Any
					 liability resulting from a cause of action from a cider tasting authorized
					 pursuant to this subdivision and in accordance with sections 11-100 and 11-101 
					 of the General Obligations Law shall accrue to the cider producer or
					 wholesaler.
(g) Notwithstanding any
					 provision of this Chapter to the contrary: a licensed cider producer or
					 wholesaler may apply for a permit to sell New York State labeled cider at the
					 State Fair, not-for-profit farmers markets and recognized county fairs. As a
					 condition precedent to the issuance of such permit, a representative, agent or
					 solicitor for the cider producer or wholesaler must be present at the time of
					 sale or tasting.
(h) One or more
					 cider producers or wholesaler licensees may singly or jointly apply for a
					 license to sell cider for consumption off the premises for the duration of the
					 applicant's license.
(i) The fee
					 for such off-premises cider license shall be $500 if the retail premises are in
					 cities which have a population of one million or more, $250 in cities having a
					 population of less than one million, but more than 100,000 and $125
					 elsewhere.
(j) Not more than five
					 such licenses may be issued to any licensed cider producer or
					 wholesaler.
(k) No retail licensee
					 of cider authorized by this statute shall keep or permit to be kept any
					 unsealed bottle or other container of cider except for the purpose of tasting
					 or sampling by any person authorized to conduct such tasting or
					 sampling.
(l) Sales are prohibited
					 to those persons set forth in Part 65 of this Title.
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 E - Miscellaneous Provisions › Part 106 - Alcohol Training and Awareness Program › Section 106.1 - Applicability of rule

Current through Register Vol. 46, No. 28, July 10, 2024
This part shall apply to all Alcohol Training Awareness
						Program ("ATAP") school Certificates of Approval and student Certificates of
						Completion issued pursuant to 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 E - Miscellaneous Provisions › Part 106 - Alcohol Training and Awareness Program › Section 106.2 - Filing of applications for ATAP School Certificates of Approval

Current through Register Vol. 46, No. 28, July 10, 2024
An application for an ATAP School Certificate of Approval
						must be made on a form designated by the Authority and contain such information
						as shall be required by the Authority, including but not limited to all
						proposed course curriculum materials. Each ATAP school applicant shall
						designate an individual to act as a Director, and the Director shall be
						responsible for filing the Application for ATAP School Certificate of Approval,
						administration of approved ATAP school curriculum, issuance of student
						Certificates of Completion, and maintaining all of the ATAP school records, as
						required by the Alcoholic Beverage Control Law and this part. Completed
						applications for ATAP School Certificates of Approval, program materials, and
						the statutorily required application fee as set forth in the Alcoholic Beverage
						Control Law must be forwarded to "New York State Liquor Authority, Alcohol
						Training Awareness Program, 80 South Swan Street, Suite 900, Albany, NY 12210."
						(Application fees must be in the form of a certified check or money order, and
						made payable to the "New York State 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 E - Miscellaneous Provisions › Part 106 - Alcohol Training and Awareness Program › Section 106.4 - Scheduled session notification requirements for approved classroom ATAP schools

Current through Register Vol. 46, No. 28, July 10, 2024
All approved classroom ATAP schools must provide the
						Authority with a minimum of 14 days prior notification in advance of all
						classroom sessions utilizing a form and containing such information as shall be
						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 E - Miscellaneous Provisions › Part 106 - Alcohol Training and Awareness Program › Section 106.5 - Recordkeeping requirements for ATAP schools

Current through Register Vol. 46, No. 28, July 10, 2024
At the conclusion of each classroom session for approved
						classroom ATAP schools, the Director or such employee as shall be designated by
						the Director, shall provide each student that has successfully completed the
						approved classroom ATAP curriculum with a Student Certificate of Completion on
						a form designated by the Authority. Within seven days after any ATAP school has
						held a session of an approved ATAP program (whether classroom or online), the
						school must transmit to the Authority a roster of all students who successfully
						completed said class, in a format as directed by the Authority. Within seven
						days after the completion of a session of any approved ATAP school (whether
						classroom or online), the school must transmit to each person who has
						successfully completed the approved ATAP curriculum a Certificate of Completion
						in a format as directed by the Authority.
(a) Approved classroom ATAP schools are
					 required to maintain the following records at the school's business office, and
					 shall be available for inspection by an employee of the Authority during
					 business hours:
(1) A complete copy of the
					 ATAP school's application to the Authority for a Certificate of Approval,
					 together with copies of all items submitted in support thereof; and
(2) A list of all classroom teachers, which
					 list shall contain with respect to each such teacher, the full name, residence
					 address, residence telephone number, work address, work telephone number, and
					 such other and additional information as the authority may require;
					 and
(3) A folder for each classroom
					 teacher, containing that teacher's employment application and all other
					 documentary information considered by the school in employing the teacher to
					 give a session of the approved ATAP program; and
(4) Copies of all approved "Scheduled
					 Session" forms sent by the ATAP school to the Authority, which may be disposed
					 of after having been maintained for a minimum of three years; and
(5) Copies of all student Certificates of
					 Completion following each session of an approved ATAP program, which may be
					 securely disposed of after having been maintained for a minimum of three
					 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 E - Miscellaneous Provisions › Part 106 - Alcohol Training and Awareness Program › Section 106.6 - Renewal of ATAP School Certificates of Approval

Current through Register Vol. 46, No. 28, July 10, 2024
The Authority shall prescribe the form and manner of
						issuance of renewal applications for ATAP Certificates of Approval, which in
						all cases shall include an affidavit signed by the school's Director reporting
						on changes in any information included in the school's original application for
						an ATAP School Certificate of Approval. Each application for renewal shall
						include the statutorily required application fee as set forth in the Alcoholic
						Beverage Control Law and must be forwarded to "New York State Liquor Authority,
						Alcohol Training Awareness Program, 80 South Swan Street, Suite 900, Albany, NY
						12210." (Application fees must be in the form of a certified check or money
						order, and made payable to the "New York State 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 E - Miscellaneous Provisions › Part 106 - Alcohol Training and Awareness Program › Section 106.7 - Student Certificates of Completion

Current through Register Vol. 46, No. 28, July 10, 2024
The Authority shall prescribe the form and manner of
						issuance of ATAP student Certificates of Completion, which shall be deemed
						expired three years after the date of the classroom or online ATAP session for
						which they were granted.
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 E - Miscellaneous Provisions › Part 106 - Alcohol Training and Awareness Program › Section 106.8 - Disapproval and Requests for Reconsideration

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that any application or renewal application
						pursuant to this Part is disapproved by the Authority, the applicant may seek
						reconsideration of the determination by the Members of the Authority. Requests
						for reconsideration must be submitted in writing to: Secretary to the
						Authority, 80 South Swan Street, Suite 900, Albany, NY 12210-8002. Such
						requests shall then be reviewed by a Member of the Authority and the
						determination by the Member of the Authority thereon 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 E - Miscellaneous Provisions › Part 106 - Alcohol Training and Awareness Program › Section 106.9 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
ATAP School Certificates of Approval may be revoked by
						the Authority for failure to adhere to the Authority's rules and regulations.
						Revocation hearings arising under this Part shall be conducted pursuant to
						Parts 53 and 54 of the Authority's rules and regulations (9 N.Y.C.R.R. Parts 53
						and 54.)
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.2 - Practitioner Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  practitioner shall be authorized to issue a patient certification as set forth
				  in section 113.3 of this Part unless the
				  practitioner:
(1) is qualified, by training
				  or experience as determined by the Board, to treat patients with one (1) or
				  more of the conditions set forth in section
				  113.3(a)(7) of
				  this Part;
(2) is licensed,
				  registered or certified by New York State to prescribe controlled substances
				  within the state;
(3) is acting
				  within their scope of practice as defined by Title 8 of the Education Law and
				  is in good standing as determined by the Office; and
(4) has completed at a minimum a two (2) hour
				  course approved by the Office as set forth in subdivision (b) of this
				  section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.4 - Registration Filing Exemptions for Certified Patients and Designated Caregivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A patient
				  issued a valid certification by a practitioner, in accordance with section
				  113.3 of this Part, who is eighteen
				  (18) years of age or older and capable of consent, shall be deemed registered
				  and exempt from filing a registry application with the Office, for purpose of
				  registering as a patient and to obtain a patient registry identification card,
				  pursuant to the applicable patient registration provisions and pursuant to
				  section 32  of the Cannabis Law.
(b)
				  A patient, who is under eighteen (18) years of age, or who is otherwise
				  incapable of consenting to medical treatment, and who is issued a valid
				  certification by a practitioner in accordance with section
				  113.3 of this Part, shall be deemed
				  registered and exempt from filing a registry application with the Office, for
				  purpose of registering as a patient and to obtain a patient registry
				  identification card, pursuant to the applicable patient registration provisions
				  under section 32  of the Cannabis Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.5 - Designated Caregiver Registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Designation of Caregivers. A certified
				  patient may designate up to five (5) designated caregivers, not including
				  designated caregiver facilities or the employees of a designated caregiver
				  facility, in a manner determined by the Office. A designated caregiver shall be
				  a natural person. The application for issuance or renewal of a registry
				  identification card shall include the following information:
(1) name of the proposed designated
				  caregiver(s);
(2) address of the
				  proposed designated caregiver(s);
(3) date of birth of the proposed designated
				  caregiver(s); and
(4) any other
				  individual identifying information concerning the proposed designated
				  caregiver(s) required by the Office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.6 - Application for Initial Registration as a Registered Organization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
				  produce, grow, or sell medical cannabis or hold itself out as a New York State
				  registered organization unless it has complied with Article 3 of the Cannabis
				  Law, this Part, and is registered by the Board.
(1) An application for initial registration
				  as a registered organization shall include no more than four dispensing sites
				  that will be wholly owned and operated by such registered organization in
				  accordance with Subdivision 8 of Section 35  of the Cannabis Law.
(2) Additional dispensing sites beyond the
				  initial four shall be subject to the requirements set forth in subdivision (h)
				  of section 113.7 of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.9 - Registrations Non-transferable

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Registrations issued under this Part
				  shall be effective only for the registered organization and shall specify:
(1) the name and address of the registered
				  organization;
(2) name of the
				  contact person for the registered organization;
(3) the activities the registered
				  organization is permitted to perform under the registration for each approved
				  location; and
(4) the real
				  property, buildings and facilities that may be used for the permitted
				  activities of the registered organization.