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2012 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 7 - (90 - 99-G) SPECIAL PERMITS
97 - Temporary beer and wine permit.


NY Alcoh Bev Ctrl L § 97 (2012) What's This?
 
    § 97. Temporary  beer  and  wine  permit.  1.  The liquor authority is
  hereby authorized to issue temporary permits effective for a period  not
  to  exceed  twenty-four  consecutive hours to authorize the sale of beer
  and wine manufactured in New York state at outdoor or indoor gatherings,
  functions, occasions or events, within the hours fixed by or pursuant to
  subdivision five of section one hundred  six  of  this  chapter,  during
  which  alcoholic  beverages may lawfully be sold or served upon premises
  licensed  to  sell  alcoholic  beverages  at  retail   for   on-premises
  consumption  in  the community in which is located the premises in which
  such gathering, function, occasion or event is held. The  fee  for  such
  permit  shall be twenty-six dollars. Such permit and the exercise of the
  privilege granted thereby shall be subject to such rules of  the  liquor
  authority as it deems necessary.
    2. The liquor authority is hereby authorized to issue an annual permit
  to  brewers and beer wholesalers authorizing such licensees to sell beer
  for consumption at outdoor or indoor gatherings, functions, occasions or
  events, provided that such gatherings are not open to admission  to  the
  general public nor is admission thereto made contingent upon the payment
  of an admission fee, donation or contribution, and further provided that
  such  beer  is  not  resold  at  such  gatherings.  Every brewer or beer
  wholesaler to whom a permit shall  be  issued  hereunder  shall  require
  every  person  to  whom beer shall be sold for use at such gatherings to
  make, execute and file with such brewer or beer wholesaler, upon a  form
  to  be  prescribed  by  the liquor authority, a statement, that the beer
  purchased by such person will not be sold or offered for  sale  by  such
  person.  Such  statement  shall  be  accepted  for  all  purposes as the
  equivalent of an affidavit, and  if  false,  shall  subject  the  person
  making  and  executing  the same to the same penalties as if he had been
  duly sworn. Such permit shall be issued in the form  prescribed  by  the
  liquor  authority and shall run concurrently with the annual term of the
  brewer's license or of the wholesale beer license, and the fee for  such
  permit  shall  be  sixty-four dollars. Such a permit and the exercise of
  the privileges granted thereunder shall be subject to such rules by  the
  liquor  authority as it deems necessary. The provisions hereof shall not
  apply to the sale of beer for consumption in the home.
    3. The liquor authority is hereby authorized to issue a  permit  under
  subdivision  one  of  this  section  to the holder of a concessionaire's
  license issued by the division  of  the  New  York  state  fair  in  the
  department  of  agriculture and markets. Such permit shall allow for the
  sale and consumption of wine manufactured in New York  state,  and  beer
  upon  the  premises  known  as the New York state fairgrounds during the
  annual New York state fair for the calendar year such permit is  issued,
  provided  that  such wine is sold and dispensed in amounts of ten ounces
  or less. The fee for such permit  shall  be  determined  by  the  liquor
  authority.
    4.  The  liquor  authority  is  hereby authorized to issue a temporary
  permit effective for a period  not  to  exceed  twenty-four  consecutive
  hours  to  any  holder  of  a license to manufacture wine in this or any
  other state, to sell wine at outdoor or  indoor  gatherings,  functions,
  occasions,  or events, provided that such manufacturer produces not more
  than one hundred fifty thousand gallons of wine annually.  The  fee  for
  such permit shall be twenty-six dollars.

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