2013 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 7 - (90 - 99-G) SPECIAL PERMITS
99-D - Miscellaneous fees.


NY Alcoh Bev Ctrl L § 99-D (2012) What's This?
 
    § 99-d. Miscellaneous  fees. * 1. Before any substantial alteration to
  a licensed premises may be  undertaken  by  or  on  the  behalf  of  any
  licensee except a micro-winery or a farm winery, the licensee shall make
  an  application  to  the  liquor authority for permission to effect such
  alteration. A substantial alteration shall include  any  enlargement  or
  contraction  of  a  licensed  premises  whether indoors or outdoors; any
  physical change that reduces the visibility that existed at the time  of
  licensing;  any  other  physical  changes  in the interior of a licensed
  premises that materially affect the character of the premises;  and,  in
  the case of establishments licensed for consumption on the premises, any
  material  changes  to the dining or kitchen facilities, or any change in
  the size or location of any bar within the contemplation of  subdivision
  four of section one hundred of this chapter at which alcoholic beverages
  are  dispensed. A minor alteration shall be deemed to be one costing and
  valued at less than ten thousand  dollars,  which  does  not  materially
  affect  the  character  of  the  premises or the physical structure that
  existed at  the  time  of  licensing.  Before  commencing  work  on  the
  alteration,  any  licensee  other  than  a micro-winery or a farm winery
  licensee, shall request permission to effect such minor  alteration  and
  shall  submit an affidavit to the liquor authority by filing the same in
  person or by  certified  mail  return  receipt  requested  or  overnight
  delivery  service  with  proof  of  mailing  on  forms prescribed by the
  authority. A winery,  micro-winery,  or  farm  winery  licensee  is  not
  required  to  obtain  permission  from  the  authority  to  make a minor
  alteration to its premises. The  affidavit  shall  include  but  not  be
  limited  to a description of the proposed alteration, the cost and value
  of the alteration,  and  the  source  of  money  making  the  alteration
  possible.  Upon  receipt  of  such  affidavit,  the authority shall have
  twenty days in which to review the proposed alteration  and  notify  the
  licensee  of  any objection to the same by certified mail return receipt
  requested. If no such objection is made within  such  period  permission
  shall  be  deemed  to  have  been  granted.  Work  may  commence on such
  alteration if no objection is received by  the  twenty-fifth  day  after
  filing  such  affidavit. The cost of an alteration, for purposes of this
  subdivision, shall be equal to the total sum expended  to  complete  the
  proposed alteration excluding professional fees.
    * NB Effective until March 26, 2014
    * 1.  Before  any substantial alteration to a licensed premises may be
  undertaken by or on the behalf of any licensee except a micro-winery,  a
  farm  winery  or  a  roadside  farm  market,  the licensee shall make an
  application to the  liquor  authority  for  permission  to  effect  such
  alteration.  A  substantial  alteration shall include any enlargement or
  contraction of a licensed premises  whether  indoors  or  outdoors;  any
  physical  change that reduces the visibility that existed at the time of
  licensing; any other physical changes in  the  interior  of  a  licensed
  premises  that  materially affect the character of the premises; and, in
  the case of establishments licensed for consumption on the premises, any
  material changes to the dining or kitchen facilities, or any  change  in
  the  size or location of any bar within the contemplation of subdivision
  four of section one hundred of this chapter at which alcoholic beverages
  are dispensed. A minor alteration shall be deemed to be one costing  and
  valued  at  less  than  ten  thousand dollars, which does not materially
  affect the character of the premises  or  the  physical  structure  that
  existed  at  the  time  of  licensing.  Before  commencing  work  on the
  alteration, any licensee other than a micro-winery, a farm winery  or  a
  roadside  farm  market licensee, shall request permission to effect such
  minor alteration and shall submit an affidavit to the  liquor  authority
  by  filing  the  same  in  person  or  by  certified mail return receipt

  requested or overnight delivery service with proof of mailing  on  forms
  prescribed  by  the  authority.  A  winery, micro-winery, farm winery or
  roadside farm market licensee is not required to obtain permission  from
  the  authority to make a minor alteration to its premises. The affidavit
  shall include but not be  limited  to  a  description  of  the  proposed
  alteration,  the  cost  and  value  of the alteration, and the source of
  money making the alteration possible. Upon receipt  of  such  affidavit,
  the  authority  shall  have  twenty days in which to review the proposed
  alteration and notify the licensee of  any  objection  to  the  same  by
  certified  mail  return  receipt requested. If no such objection is made
  within such period permission shall be deemed to have been granted. Work
  may commence on such alteration if  no  objection  is  received  by  the
  twenty-fifth day after filing such affidavit. The cost of an alteration,
  for  purposes  of  this  subdivision,  shall  be  equal to the total sum
  expended to complete  the  proposed  alteration  excluding  professional
  fees.
    * NB Effective March 26, 2014
    2.  Before any change in the members of a limited liability company or
  the transfer or  assignment  of  a  membership  interest  in  a  limited
  liability   company   or   any   corporate   change   in   stockholders,
  stockholdings,  alcoholic  beverage  officers,  officers  or  directors,
  except  officers  and  directors  of  a premises licensed as a club or a
  luncheon club under this chapter can be effectuated for the purposes  of
  this  chapter,  there  shall  be  filed  with  the  liquor  authority an
  application for permission to make such change and there shall  be  paid
  to  the liquor authority in advance upon filing of the application a fee
  of one hundred twenty-eight dollars.
    (a) The provisions of this section shall not be applicable where there
  are ten or more stockholders and such change involves less than ten  per
  centum  of  the  stock  of the corporation and the stock holdings of any
  stockholder are not increased thereby to ten per centum or more  of  the
  stock.
    (b)   Where  the  same  corporation  operates  two  or  more  premises
  separately licensed under this chapter a separate corporate change shall
  be filed for each such licensed premises, except as  otherwise  provided
  for  by  rule of the liquor authority. The corporate change fee provided
  for herein shall not be applicable to more than one license held by  the
  same corporation.
    (c)  Notwithstanding any corporate change approved by the authority, a
  licensed corporation or limited liability company shall be bound by  the
  representations set forth in the original application and any amendments
  thereto approved by the authority.
    3.  Before  any  removal  of  a license to any premises other than the
  licensed premises or to any other part of the  building  containing  the
  licensed  premises, the licensee shall make an application to the liquor
  authority for permission to effect such removal and  shall  pay  to  the
  liquor  authority in advance upon filing of the application a fee of one
  hundred ninety-two dollars where the base license fee  is  five  hundred
  dollars or more and thirty-two dollars in all other instances.
    4.  The  liquor authority may make such rules as it deems necessary to
  carry out the provisions of this section.

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