A 10416: Relates to the effectiveness of provisions of law relating to the powers of the chairman and members of the state liquor authority (Part A); authorizes special permits to remain open during certain hours of the morning (Part B); relates to permissible sales by license holders (Part C); allows multiple off-premises licenses (Part D); relates to licensing restrictions for manufacturers and wholesalers of alcoholic beverages and retail licensees (Part E); relates to the approval of seven day licenses to sell liquor at retail for consumption off the premises (Part F); relates to changes of ownership of a licensed business (Part G); relates to the issuance of temporary retail permits; makes permanent certain provisions relating to liquidator's permits and temporary retail permits (Part H); relates to licenses issued for on-premises consumption within a certain distance of a building occupied as a school, church, synagogue or other place of worship with consent of such building's owner or administrator (Part I); and permits licenses for premises located within five hundred feet of other premises outside of certain counties (Part J).

  
  STATE OF NEW YORK ________________________________________________________________________ 10416  IN ASSEMBLY March 3, 2026 ___________ Introduced by M. of A. CUNNINGHAM -- read once and referred to the Committee on Economic Development AN ACT to amend chapter 118 of the laws of 2012 amending the alcoholic beverage control law relating to the powers of the chairman and members of the authority, in relation to the effectiveness of certain provisions thereof (Part A); to amend the alcoholic beverage control law, in relation to authorizing special permits to remain open during certain hours of the morning (Part B); to amend the alcoholic bever- age control law, in relation to permitting certain retail licen- sees to purchase wine and liquor from certain other retail licensees (Part C); to amend the alcoholic beverage control law, in relation to permissible sales by license holders (Part D); to amend the alcoholic beverage control law, in relation to allowing multiple off-premises licenses (Part E); to amend the alcoholic beverage control law, in relation to licensing restrictions for manufacturers and wholesalers of alcoholic beverages and retail licensees (Part F); to amend the alcoholic beverage control law, in relation to the approval of seven day licenses to sell liquor at retail for consump- tion off the premises (Part G); to amend the alcoholic beverage control law, in relation to adjusting licensing fees regarding certain alcoholic beverages (Part H); to amend the alcoholic beverage control law, in relation to changes of ownership of a licensed busi- ness (Part I); to amend the alcoholic beverage control law, in relation to the issuance of temporary retail permits; and to amend chapter 396 of the laws of 2010 amending the alcoholic beverage control law relating to liquidator's permits and temporary retail permits, in relation to the effectiveness thereof (Part J); to amend the alcoholic beverage control law, in relation to establishing a temporary wholesale permit and allowing multiple wholesale licenses owned by the same person or entity to be located at the same premises (Part K); to amend the alcoholic beverage control law, in relation to licenses issued for on-premises consumption within certain distances of a building occupied as a school, church, synagogue or other place of worship with consent of such building's owner or administrator (Part L); and to amend the alcoholic beverage control law, in relation to permitting licenses for premises located within five hundred feet of other premises outside of certain counties (Part M) EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02017-01-5 
 A. 10416 2 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement certain provisions regarding licensing and sales 3 under the alcoholic beverage control law. Each component is wholly 4 contained within a Part identified as Parts A through M. The effective 5 date for each particular provision contained within such Part is set 6 forth in the last section of such Part. Any provision in any section 7 contained within a Part, including the effective date of the Part, which 8 makes a reference to a section "of this act", when used in connection 9 with that particular component, shall be deemed to mean and refer to the 10 corresponding section of the Part in which it is found. Section three of 11 this act sets forth the general effective date of this act. 12 PART A 13 Section 1. Section 4 of chapter 118 of the laws of 2012 amending the 14 alcoholic beverage control law relating to the powers of the chairman 15 and members of the authority, as amended by section 1 of part J of chap- 16 ter 55 of the laws of 2024, is amended to read as follows: 17 § 4. This act shall take effect immediately [and shall expire and be 18 deemed repealed fifteen years after such date]. 19 § 2. This act shall take effect immediately. 20 PART B 21 Section 1. Subdivision 1 of section 99 of the alcoholic beverage 22 control law, as amended by section 22 of part Z of chapter 85 of the 23 laws of 2002, is amended to read as follows: 24 1. Any person licensed to sell alcoholic beverages for consumption on 25 the premises pursuant to this chapter may apply to the liquor authority 26 for a special permit [to remain open on any week day between the hours 27 of four o'clock a.m. or the closing hour prescribed by a rule adopted in 28 a county on or before April first, nineteen hundred ninety-five or 29 pursuant to subdivision eleven of section seventeen of this chapter, and 30 eight o'clock a.m]. A permit issued under this section shall authorize 31 the holder of a retail on-premises license to sell or serve alcoholic 32 beverages for consumption on the premises on the morning of January 33 first between four o'clock a.m. or such other hour that the sale of 34 alcoholic beverages for on-premises consumption must cease in the commu- 35 nity in which the licensed premises is located, and eight o'clock a.m. 36 The fee for such permit shall be fifty-one dollars per day. 37 § 2. This act shall take effect on the sixtieth day after it shall 38 have become a law. Effective immediately, the addition, amendment and/or 39 repeal of any rule or regulation necessary for the implementation of 40 this act on its effective date are authorized to be made and completed 41 on or before such effective date. 42 PART C 43 Section 1. Section 106 of the alcoholic beverage control law is 44 amended by adding a new subdivision 2-b to read as follows: 45 2-b. Notwithstanding any provision of this chapter to the contrary, a 46 retail licensee for on-premises consumption shall be authorized to 47 purchase up to twelve bottles of wine and liquor per week from an off- 
 A. 10416 3 1 premises retail licensee, and may resell any wine and liquor so 2 purchased for consumption on the premises licensed therefor. 3 § 2. Section 105 of the alcoholic beverage control law is amended by 4 adding a new subdivision 2 to read as follows: 5 2. Notwithstanding any provision of this chapter to the contrary, a 6 retail licensee to sell liquor and/or wine for consumption off the prem- 7 ises shall be authorized to sell up to twelve bottles of wine and liquor 8 per week to a retail licensee for on-premises consumption. 9 § 3. This act shall take effect immediately. 10 PART D 11 Section 1. Subdivision 4 of section 63 of the alcoholic beverage 12 control law, as amended by chapter 24 of the laws of 2024, is amended to 13 read as follows: 14 4. No licensee under this section shall be engaged in any other busi- 15 ness on the licensed premises. The sale of any of the following shall 16 not constitute engaging in another business within the meaning of this 17 subdivision: 18 (a) lottery tickets, when duly authorized and lawfully conducted[, the 19 sale of]; 20 (b) reusable bags as defined in section 27-2801 of the environmental 21 conservation law[, the sale of]; 22 (c) corkscrews [or the sale of]; 23 (d) ice [or the sale of]; 24 (e) publications, including prerecorded video and/or audio cassette 25 tapes, or educational seminars, designed to help educate consumers in 26 their knowledge and appreciation of alcoholic beverages, as defined in 27 section three of this chapter and allowed pursuant to their license[, or 28 the sale of]; 29 (f) non-carbonated, non-flavored mineral waters, spring waters and 30 drinking waters [or the sale of]; 31 (g) glasses designed for the consumption of wine or liquor, racks 32 designed for the storage of wine, and devices designed to minimize 33 oxidation in bottles of wine which have been uncorked[, or the sale of]; 34 (h) gift bags, gift boxes, associated gift or promotional items, or 35 wrapping, for alcoholic beverages purchased at the licensed premises 36 [shall not constitute engaging in another business within the meaning of 37 this subdivision]; 38 (i) tonic water; 39 (j) bitters; 40 (k) maraschino cherries; and 41 (l) dealcoholized wine. 42 Any fee obtained from the sale of an educational seminar shall not be 43 considered as a fee for any tasting that may be offered during an educa- 44 tional seminar, provided that such tastings are available to persons who 45 have not paid to attend the seminar and all tastings are conducted in 46 accordance with section sixty-three-a of this article. For the purposes 47 of this section, gift or promotional items shall only include those 48 items that are complimentary and directly associated with the sale of 49 wine or liquor they are promoting and shall mean: (i) items that are de 50 minimis in value, but in no instance shall merchandise be valued at more 51 than fifteen dollars in total; (ii) items that are imprinted with the 52 wine or liquor brand logo on the gift or promotional item; and (iii) 53 items that are included as part of a manufactured pre-sealed package 54 with the wine or liquor that is being gifted or promoted. Further, for 
 A. 10416 4 1 the purposes of this section, promotional items shall not include any 2 food, non-alcoholic beverage, or other drink or food mix, nor shall 3 these items be offered for sale to the general public as individual 4 items. 5 § 2. Paragraph (a) of subdivision 1 of section 104 of the alcoholic 6 beverage control law, as amended by chapter 24 of the laws of 2024, is 7 amended to read as follows: 8 (a) No wholesaler shall be engaged in any other business on the prem- 9 ises to be licensed; except that nothing contained in this chapter 10 shall: (1) prohibit a beer wholesaler from (i) acquiring, storing or 11 selling non-alcoholic snack foods, as defined in paragraph (b) of this 12 subdivision, (ii) manufacturing, bottling, storing, or selling non-alco- 13 holic carbonated beverages, (iii) manufacturing, storing or selling 14 non-alcoholic non-carbonated soft drinks, mineral waters, spring waters, 15 drinking water, non-taxable malt or cereal beverages, juice drinks, 16 fruit or vegetable juices, ice, liquid beverage mixes and dry or frozen 17 beverage mixes, (iv) acquiring, storing or selling wine products, (v) 18 the sale of promotional items on such premises, or (vi) the sale of 19 tobacco products at retail by wholesalers who are licensed to sell beer 20 and other products at retail; (2) prohibit a wholesaler authorized to 21 sell wine from manufacturing, acquiring or selling wine merchandise, as 22 defined in paragraph (d) of this subdivision; (3) prohibit a licensed 23 winery or licensed farm winery from engaging in the business of a wine 24 wholesaler for New York state labeled wines produced by any licensed 25 winery or licensed farm winery or prohibit such wine wholesaler from 26 exercising any of its rights pursuant to sections seventy-six and seven- 27 ty-six-a of this chapter provided that the operation of such beer and 28 wine wholesalers business shall be subject to such rules and regulations 29 as the liquor authority may prescribe; (4) prohibit a beer wholesaler 30 who is authorized to sell beer at retail from selling at retail: (i) 31 candy, chewing gum and cough drops; (ii) non-refrigerated salsa; (iii) 32 cigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue 33 and picnic-related products and supplies, which shall include, but not 34 be limited to, charcoal, grills, propane gas, plastic and paper cups, 35 paper or plastic tablecloths and coolers; (v) beer making and brewing 36 supplies and publications, which shall include, but not be limited to, 37 books, magazines, equipment and ingredients; (vi) steins, mugs and other 38 glassware appropriate for the consumption of beer, malt beverages and 39 wine products; (vii) items typically used to serve beer and malt bever- 40 ages including, but not limited to, taps, kegerators, koozies and beer 41 socks; (viii) lemons, limes and oranges, provided that no more than two 42 dozen of each shall be displayed at any one time; (ix) rock salt, ice 43 and snow melting compounds, snow shovels; windshield washer solvent; 44 firewood; beach umbrellas; sunglasses and sun block; and (x) prepaid 45 telephone cards; (5) prohibit the installation and operation of a single 46 automated teller machine in the premises of a beer wholesaler who is 47 authorized to sell beer at retail; [or] (6) prohibit a liquor or a wine 48 wholesaler from transporting or selling gifts or promotional items asso- 49 ciated with wine or liquor products as provided for in subdivision four 50 of section sixty-three of this chapter; or (7) prohibit a liquor whole- 51 saler from transporting or selling tonic water, bitters, maraschino 52 cherries or dealcoholized wine. For the purposes of this subdivision, 53 "automated teller machine" means a device which is linked to the 54 accounts and records of a banking institution and which enables consum- 55 ers to carry out banking transactions, including but not limited to, 
 A. 10416 5 1 account transfers, deposits, cash withdrawals, balance inquiries and 2 loan payments. 3 § 3. This act shall take effect immediately. 4 PART E 5 Section 1. Subdivision 5 of section 63 of the alcoholic beverage 6 control law is amended to read as follows: 7 5. Not more than [one license] two licenses shall be granted to any 8 person under this section. 9 § 2. This act shall take effect immediately. 10 PART F 11 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of 12 section 101 of the alcoholic beverage control law, as amended by chapter 13 318 of the laws of 2016, is amended to read as follows: 14 Be interested directly or indirectly in any premises licensed under 15 this chapter where any alcoholic beverage is sold at retail; or in any 16 business licensed under this chapter devoted wholly or partially to the 17 sale of any alcoholic beverage at retail by stock ownership, interlock- 18 ing directors, mortgage or lien or any personal or real property, or by 19 any other means. The provisions of this paragraph shall not apply to 20 § 2. The opening paragraph of paragraph (a) of subdivision 13 of 21 section 106 of the alcoholic beverage control law, as amended by chapter 22 453 of the laws of 2018, is amended to read as follows: 23 No retail licensee for on-premises consumption shall be interested, 24 directly or indirectly, in any premises licensed under this chapter 25 where liquors, wines or beer are manufactured or sold at wholesale, by 26 stock ownership, interlocking directors, mortgage or lien on any 27 personal or real property or by any other means, except that liquors, 28 wines or beer may be manufactured or sold wholesale by the person 29 licensed as a manufacturer or wholesaler thereof: 30 § 3. This act shall take effect immediately. 31 PART G 32 Section 1. Subdivision 6 of section 63 of the alcoholic beverage 33 control law, as added by chapter 1024 of the laws of 1965, is amended to 34 read as follows: 35 6. Determinations under this section with respect to approving the 36 issuance of a new license or under section one hundred eleven of this 37 chapter with respect to the transfer to any other premises of a license 38 issued hereunder, shall be made [in accordance with public convenience 39 and advantage] unless there is good cause shown for disapproval by the 40 liquor authority. 41 § 2. Subdivision 4 of section 79 of the alcoholic beverage control 42 law, as added by chapter 1024 of the laws of 1965, is amended to read as 43 follows: 44 4. Determinations under this section with respect to approving the 45 issuance of a new license or under section one hundred eleven of this 46 chapter with respect to the transfer to any other premises of a license 47 issued hereunder shall be made [in accordance with public convenience 48 and advantage] unless there is good cause shown for disapproval by the 49 liquor authority. 50 § 3. This act shall take effect immediately. 
 A. 10416 6 1 PART H 2 Section 1. Subdivisions 3 and 4 of section 93 of the alcoholic bever- 3 age control law, subdivision 3 as amended by section 12 of part Z of 4 chapter 85 of the laws of 2002 and subdivision 4 as amended by chapter 5 297 of the laws of 2016, are amended to read as follows: 6 3. The license fee for such permit shall be [twenty-six] twenty-five 7 dollars per year, or for any part thereof, and the permit shall be 8 issued for the calendar year. 9 4. Notwithstanding the foregoing provisions of this section, any duly 10 licensed manufacturer or wholesaler may apply to the liquor authority 11 for an annual temporary solicitor's employment permit. Such permit shall 12 authorize such manufacturer or wholesaler to employ one or more persons 13 as a solicitor for a period of not exceeding six months provided that 14 within sixty days after such employee has been employed as a solicitor 15 such employee shall file [his] their application for a solicitor's 16 permit with the liquor authority. The license fee for such permit shall 17 be [thirty-eight] thirty-five dollars per year, or for any part thereof, 18 and the permit shall be issued for the calendar year. Such permit and 19 the exercise of the privileges hereby granted thereunder, shall be 20 subject to such terms and conditions as may be prescribed by the liquor 21 authority. 22 § 2. Subdivision 2 of section 94 of the alcoholic beverage control 23 law, as amended by section 14 of part Z of chapter 85 of the laws of 24 2002, is amended to read as follows: 25 2. Such permit shall be issued for the calendar year, and may cover 26 one or more trucks and in cities having a population of one million or 27 less to duly licensed taxicabs used to deliver only wine or liquor sold 28 at retail and the fee therefor shall be at the rate of [fifty-one] fifty 29 dollars per truck or such duly licensed taxicab per year. 30 § 3. Section 97 of the alcoholic beverage control law, as amended by 31 chapter 204 of the laws of 1963, the section heading as amended by chap- 32 ter 363 of the laws of 1977, subdivision 1 as amended by section 3 of 33 part H of chapter 55 of the laws of 2024, subdivision 2 as amended by 34 section 19 of part Z of chapter 85 of the laws of 2002, subdivision 4 as 35 added by chapter 120 of the laws of 2012, and subdivision 5 as added by 36 chapter 160 of the laws of 2024, is amended to read as follows: 37 § 97. Temporary beer and wine permit. 1. The liquor authority is 38 hereby authorized to issue temporary permits effective for a period not 39 to exceed twenty-four consecutive hours to authorize the sale of beer, 40 wine, cider, mead and/or braggot, and liquor at outdoor or indoor gath- 41 erings, functions, occasions or events, within the hours fixed by or 42 pursuant to subdivision five of section one hundred six of this chapter, 43 during which alcoholic beverages may lawfully be sold or served upon 44 premises licensed to sell alcoholic beverages at retail for on-premises 45 consumption in the community in which is located the premises in which 46 such gathering, function, occasion or event is held. The fee for such 47 permit shall be [twenty-six] twenty-five dollars. Such permit and the 48 exercise of the privilege granted thereby shall be subject to such rules 49 of the liquor authority as it deems necessary. 50 2. The liquor authority is hereby authorized to issue an annual permit 51 to brewers and beer wholesalers authorizing such licensees to sell beer 52 for consumption at outdoor or indoor gatherings, functions, occasions or 53 events, provided that such gatherings are not open to admission to the 54 general public nor is admission thereto made contingent upon the payment 55 of an admission fee, donation or contribution, and further provided that 
 A. 10416 7 1 such beer is not resold at such gatherings. Every brewer or beer whole- 2 saler to whom a permit shall be issued hereunder shall require every 3 person to whom beer shall be sold for use at such gatherings to make, 4 execute and file with such brewer or beer wholesaler, upon a form to be 5 prescribed by the liquor authority, a statement, that the beer purchased 6 by such person will not be sold or offered for sale by such person. Such 7 statement shall be accepted for all purposes as the equivalent of an 8 affidavit, and if false, shall subject the person making and executing 9 the same to the same penalties as if [he had] they have been duly sworn. 10 Such permit shall be issued in the form prescribed by the liquor author- 11 ity and shall run concurrently with the annual term of the brewer's 12 license or of the wholesale beer license, and the fee for such permit 13 shall be [sixty-four] sixty dollars. Such a permit and the exercise of 14 the privileges granted thereunder shall be subject to such rules by the 15 liquor authority as it deems necessary. The provisions hereof shall not 16 apply to the sale of beer for consumption in the home. 17 [4.] 3. The liquor authority is hereby authorized to issue a temporary 18 permit effective for a period not to exceed twenty-four consecutive 19 hours to any holder of a license to manufacture wine in this or any 20 other state, to sell wine at outdoor or indoor gatherings, functions, 21 occasions, or events, provided that such manufacturer produces not more 22 than one hundred fifty thousand gallons of wine annually. The fee for 23 such permit shall be [twenty-six] twenty-five dollars. 24 [5.] 4. The authority is authorized to allow a brewer, once per annum, 25 and after the property owner obtains a permit under this section, to 26 sell or offer at no cost beer, beginning at eight antemeridian and 27 ending at the hours fixed by or pursuant to subdivision five of section 28 one hundred six of this chapter, at the following two locations in the 29 city of Utica, county of Oneida, and bounded and described as follows: 30 PARCEL I 31 Beginning at the northwest corner of the beer storage building at the 32 corner of Edward Street and Wasmer Street and proceeding northerly for a 33 distance of 76 feet 1 inch; thence 128 feet 5 inches easterly along 34 Wasmer Street; thence continuing along said Wasmer Street northeasterly 35 for a distance of 202 feet 10 inches to the corner of Wasmer Street and 36 Hamilton Street. 37 Thence northerly along Hamilton Street for a distance of 46 feet 8 inch- 38 es to the intersection of Columbia Street. Thence northwesterly along 39 Columbia Street for a distance of 233 feet 6 inches. Thence southwester- 40 ly for a distance of 77 feet 7 inches to a fence. Thence northwesterly 41 for a distance of 62 feet and thence southwesterly a distance of 10 feet 42 6 inches to the southeastern corner of the brewery garage. 43 Thence, following the garage's perimeter: first in a southwesterly 44 direction for a distance of 133 feet 2 inches to the southwest corner of 45 the garage; thence in a northwesterly direction for a distance of 22 46 feet 5 inches; and thence in a northeasterly direction for a distance of 47 11 feet 2 inches, then in a northwesterly direction for a distance of 48 100 feet, to a fence just before the sidewalk on Schuyler Street; thence 49 southwesterly for a distance of 234 feet 5 inches to the Brewery main 50 complex. 51 Thence following the perimeter of the brewery complex buildings south- 52 east for a distance of 82 feet 8 inches, northeasterly for a distance of 53 81 feet 11 inches; thence southeasterly for a distance of 85 feet 3 54 inches; thence northeasterly for a distance of 21 feet 6 inches; and 55 thence southeasterly for a distance of 96 feet 8 inches to the north- 56 western corner of the shipping office. 
 A. 10416 8 1 From the northwestern corner of the shipping office, southeasterly for a 2 distance of 33 feet 9 inches; thence southwesterly for a distance of 37 3 feet 8 inches; thence southeasterly for a distance of 65 feet 8 inches; 4 thence southerly for a distance of 27 feet 4 inches; thence easterly for 5 a distance of 33 feet, to the point or place of beginning. 6 PARCEL II 7 Beginning at the iron fence which is 26 feet northwest of the southwest 8 corner of the tour center on Court Street; thence 66 feet, 7 inches 9 northeast, 11 feet 7 inches northwest to the west corner of the tour 10 center parking lot stairs. Proceeding northeasterly 71 feet 10 inches, 11 thence northwesterly 19 feet 10 inches to the southeastern corner of the 12 boiler room building. Thence northwesterly 161 feet; south by southwest 13 80 feet; southwest 58 feet 5 inches and finally southeast 155 feet to 14 the point or place of beginning. 15 § 4. Paragraph (b) of subdivision 2 and subdivision 4 of section 97-a 16 of the alcoholic beverage control law, paragraph (b) of subdivision 2 as 17 added by chapter 396 of the laws of 2010 and subdivision 4 as amended by 18 chapter 431 of the law of 2024, are amended to read as follows: 19 (b) the applicant shall have filed with the authority an application 20 for a temporary retail permit, accompanied by a nonrefundable filing fee 21 of one hundred [twenty-eight] twenty-five dollars for all retail beer 22 licenses or six hundred forty dollars for all other retail licenses; 23 4. A temporary retail permit issued by the authority pursuant to this 24 section shall be for a period not to exceed one hundred eighty days. A 25 temporary permit may be extended at the discretion of the authority, for 26 an additional thirty day period upon payment of an additional fee of 27 [sixty-four] sixty dollars for all retail beer licenses and [ninety-six] 28 ninety-five dollars for all other temporary permits and upon compliance 29 with all conditions required in this section. The authority may, in its 30 discretion, issue additional thirty day extensions upon payment of the 31 appropriate fee. 32 § 5. Subdivisions 2 and 3 of section 99-d of the alcoholic beverage 33 control law, subdivision 2 as amended by chapter 560 of the laws of 2011 34 and subdivision 3 as amended by section 24 of part Z of chapter 85 of 35 the laws of 2002, are amended to read as follows: 36 2. Before any change in the members of a limited liability company or 37 the transfer or assignment of a membership interest in a limited liabil- 38 ity company or any corporate change in stockholders, stockholdings, 39 alcoholic beverage officers, officers or directors, except officers and 40 directors of a premises licensed as a club or a luncheon club under this 41 chapter can be effectuated for the purposes of this chapter, there shall 42 be filed with the liquor authority an application for permission to make 43 such change and there shall be paid to the liquor authority in advance 44 upon filing of the application a fee of one hundred [twenty-eight] twen- 45 ty-five dollars. 46 (a) The provisions of this section shall not be applicable where there 47 are ten or more stockholders and such change involves less than ten per 48 centum of the stock of the corporation and the stock holdings of any 49 stockholder are not increased thereby to ten per centum or more of the 50 stock. 51 (b) Where the same corporation operates two or more premises separate- 52 ly licensed under this chapter a separate corporate change shall be 53 filed for each such licensed premises, except as otherwise provided for 54 by rule of the liquor authority. The corporate change fee provided for 55 herein shall not be applicable to more than one license held by the same 56 corporation. 
 A. 10416 9 1 (c) Notwithstanding any corporate change approved by the authority, a 2 licensed corporation or limited liability company shall be bound by the 3 representations set forth in the original application and any amendments 4 thereto approved by the authority. 5 3. Before any removal of a license to any premises other than the 6 licensed premises or to any other part of the building containing the 7 licensed premises, the licensee shall make an application to the liquor 8 authority for permission to effect such removal and shall pay to the 9 liquor authority in advance upon filing of the application a fee of one 10 hundred [ninety-two] ninety dollars where the base license fee is five 11 hundred dollars or more and [thirty-two] thirty dollars in all other 12 instances. 13 § 6. Paragraphs (a) and (b) of subdivision 4 of section 100 of the 14 alcoholic beverage control law, as amended by chapter 423 of the laws of 15 2016, are amended to read as follows: 16 (a) if the licensed premises is a legitimate theatre or concert hall, 17 or contiguous to and used in conjunction with a legitimate theatre or 18 concert hall, additional bars, counters or contrivances may be permitted 19 by the liquor authority upon payment to it of an annual fee of one 20 hundred dollars for each such additional bar, counter or contrivance so 21 permitted[,] in addition to the annual license fee paid by such licen- 22 see; 23 (b) if such licensed premises be located at a baseball park, race 24 track, or either outdoor or indoor athletic field, facility, arena or 25 stadium, additional bars, counters or contrivances where beer shall be 26 sold at retail for consumption on the premises may be permitted by the 27 liquor authority, upon payment to it of the annual fee of thirty dollars 28 for each such additional bar, counter or contrivance so permitted[,] in 29 addition to the amount of the annual license fee paid by the licensee; 30 and 31 § 7. Section 56 of the alcoholic beverage control law, as amended by 32 section 1 of part Z of chapter 85 of the laws of 2002, subdivision 1 as 33 amended by chapter 108 of the laws of 2012, paragraph (a) of subdivision 34 1 as amended by chapter 431 of the laws of 2014, and subdivision 11 as 35 added by chapter 422 of the laws of 2016, is amended to read as follows: 36 § 56. License fees. 1. The annual fee for a license to manufacture 37 beer shall be: 38 (a) four thousand dollars for a brewer's license, unless the annual 39 production of the brewer is less than seventy-five thousand barrels per 40 year, in which case the annual fee shall be three hundred twenty 41 dollars; 42 (b) three hundred twenty dollars for a farm brewery license. 43 2. The annual fee for a wholesaler's beer license shall be eight 44 hundred dollars. 45 3. The annual fee for a vendor's license shall be one hundred [forty- 46 four] forty dollars. 47 4. The annual fee for a license to sell beer at retail not to be 48 consumed on the premises where sold shall be one hundred ten dollars. 49 Where, however, the applicant is the holder of two such licenses, the 50 annual fee for each additional license thereafter issued to such licen- 51 see shall be double the amount hereinabove set forth. 52 5. The annual fee for a license to sell beer at retail to be consumed 53 on the premises where sold shall be three hundred twenty dollars in 54 cities having a population of one hundred thousand or over, and one 55 hundred sixty dollars elsewhere; provided, however, that where the prem- 56 ises to be licensed remain open only within the period commencing April 
 A. 10416 10 1 first and ending October thirty-first of any one year or only within the 2 period commencing October first and ending the following April thirti- 3 eth, the liquor authority, in its discretion, may grant a summer or 4 winter license effective only for such appropriate period of time, for 5 which an annual fee of one hundred sixty dollars shall be paid where the 6 premises are located in cities having a population of one hundred thou- 7 sand or over, and eighty dollars where such premises are located else- 8 where. 9 6. The annual fee for selling beer upon any railroad car to be 10 consumed on such car or any car connected therewith shall be [ninety- 11 six] ninety dollars for each railroad car licensed. 12 7. The annual fee for selling beer upon any vessel in this state, 13 other than one regularly and exclusively engaged in the business of 14 carrying passengers for hire, by charter or otherwise, for fishing 15 purposes, to be consumed on such vessel, shall be one hundred sixty 16 dollars for each vessel licensed. The annual fee for selling beer upon a 17 vessel regularly and exclusively engaged in the business of carrying 18 passengers for hire, by charter or otherwise, for fishing purposes, to 19 be consumed on such vessel, shall be forty dollars for each vessel 20 licensed. The annual fee for selling beer for off-premise consumption 21 upon a vessel regularly and exclusively engaged, as a duly licensed 22 supply ship, in furnishing supplies to other vessels, shall be eighty 23 dollars. 24 8. The annual fee for selling beer at any baseball park, race track or 25 outdoor athletic field or stadium, to be consumed in any such baseball 26 park, race track, or outdoor athletic field or stadium, shall be one 27 hundred [ninety-two] ninety dollars. 28 9. The annual fee for a license to sell beer and wine products at 29 retail not to be consumed on the premises where sold shall be one 30 hundred [ninety-eight] ninety-five dollars. 31 10. The annual fee for a license to sell beer and wine products at 32 retail not to be consumed on the premises where sold, when the applicant 33 is the holder of two such licenses, the annual fee for each additional 34 license thereafter issued to such licensee shall be three hundred 35 [fifty-two] fifty dollars. 36 11. The annual fee for a license to operate a custom beermakers' 37 center shall be three hundred twenty dollars. 38 § 8. Subdivision 6 of section 64 of the alcoholic beverage control 39 law, as amended by chapter 204 of the laws of 1963, is amended to read 40 as follows: 41 6. Where an on-premise license shall be granted to the owner of a 42 hotel situated in a town or village the liquor authority may in its 43 discretion grant to such owner the right to sell liquor and wine for 44 off-premise consumption under the same terms and conditions as apply to 45 off-premise licenses upon the payment of an additional fee of [sixty- 46 two] sixty dollars [and fifty cents]; provided, however, that this 47 permission shall not be granted if an off-premise license has been 48 granted for premises located within eight miles of such hotel. 49 § 9. Section 66 of the alcoholic beverage control law, as amended by 50 section 3 of part Z of chapter 85 of the laws of 2002, subdivision 1-a 51 as added by chapter 580 of the laws of 2002, subdivision 2-c as added by 52 chapter 564 of the laws of 2007, subdivision 3-a as added by chapter 297 53 of the laws of 2016, subdivision 4 as amended by chapter 703 of the laws 54 of 2022, and subdivision 10 as added by chapter 331 of the laws of 2004, 55 is amended to read as follows: 
 A. 10416 11 1 § 66. License fees. 1. The annual fee for a distiller's license, class 2 A, shall be twelve thousand dollars. 3 1-a. The annual fee for a distiller's license, class A-1, shall be two 4 hundred fifty dollars. 5 2. The annual fee for a distiller's license, class B, shall be eight 6 thousand dollars. 7 2-a. The annual fee for a distiller's license, class C, shall be one 8 hundred [twenty-eight] twenty-five dollars. 9 2-b. The annual fee for a distiller's license, class B-1, shall be 10 three hundred twenty dollars. 11 2-c. The annual fee for a distiller's license, class D, shall be one 12 hundred [twenty-eight] twenty-five dollars. 13 3. The annual fee for a license to sell liquor at wholesale [shall be 14 sixty-four hundred dollars]: 15 (a) if such wholesaler has gross sales of at least seven hundred fifty 16 million dollars within the previous year in New York state as reported 17 to the department of taxation and finance on the annual beer, wine, and 18 liquor wholesalers transaction information, shall be one million 19 dollars; and 20 (b) if such wholesaler has gross sales of under seven hundred fifty 21 million dollars within the previous year in New York state as reported 22 to the department of taxation and finance on the annual beer, wine, and 23 liquor wholesalers transaction information, shall be eight hundred 24 dollars. 25 3-a. The annual fee for an importer's license shall be one hundred 26 twenty-five dollars. 27 4. The annual fee for a license, under section sixty-four or sixty- 28 four-a of this article, to sell liquor at retail to be consumed on the 29 premises where sold shall be twenty-one hundred [seventy-six] seventy 30 dollars in the counties of New York, Kings, Bronx and Queens; fifteen 31 hundred [thirty-six] thirty-five dollars in the county of Richmond and 32 in cities having a population of more than one hundred thousand and less 33 than one million; twelve hundred [sixteen] ten dollars in cities having 34 a population of more than fifty thousand and less than one hundred thou- 35 sand; and the sum of eight hundred [ninety-six] ninety-five dollars 36 elsewhere; except that the license fees for catering establishments and 37 off-premises catering establishments shall be two-thirds the license fee 38 specified herein and for clubs, except luncheon clubs and golf clubs, 39 shall be seven hundred fifty dollars in the counties of New York, Kings, 40 Bronx and Queens; five hundred dollars in the county of Richmond and in 41 cities having a population of more than one hundred thousand and less 42 than one million; three hundred fifty dollars in cities having a popu- 43 lation of more than fifty thousand and less than one hundred thousand; 44 and the sum of two hundred fifty dollars elsewhere. The annual fees for 45 luncheon clubs shall be three hundred seventy-five dollars, and for golf 46 clubs in the counties of New York, Kings, Bronx, Queens, Nassau, Rich- 47 mond and Westchester, two hundred fifty dollars, and elsewhere one 48 hundred [eighty-seven] eighty-five dollars [and fifty cents]. Notwith- 49 standing any other provision of law to the contrary, there shall be no 50 annual fee for a license, under section sixty-four, to sell liquor at 51 retail to be consumed on the premises where the applicant is an organ- 52 ization organized under section two hundred sixty of the military law 53 and incorporated pursuant to the not-for-profit corporation law. 54 Provided, however, that where any premises for which a license is issued 55 pursuant to section sixty-four or sixty-four-a of this article remain 56 open only within the period commencing April first and ending October 
 A. 10416 12 1 thirty-first of any one year, or only within the period commencing Octo- 2 ber first and ending the following April thirtieth, the liquor authority 3 may, in its discretion, grant a summer or winter license effective only 4 for such appropriate period of time, for which a license fee shall be 5 paid to be pro-rated for the period for which such license is effective, 6 at the rate provided for in the city, town or village in which such 7 premises are located, except that no such license fee shall be less than 8 one-half of the regular annual license fee; provided further that where 9 the premises to be licensed are a race track or a golf course or are 10 licensed pursuant to section sixty-four or sixty-four-a of this article, 11 the period of such summer license may commence March first and end 12 November thirtieth. 13 Where a hotel, restaurant, club, golf course or race track is open 14 prior to April first and/or subsequent to October thirty-first by reason 15 of the issuance of a caterer's permit or permits issued by the authori- 16 ty, such fact alone shall not affect the eligibility of the premises or 17 the person owning or operating such hotel, restaurant, club, golf course 18 or race track for a summer license. 19 5. The annual fee for a license to sell liquor at retail not to be 20 consumed on the premises where sold shall be thirteen hundred [sixty- 21 six] sixty dollars in the counties of New York, Kings, Bronx and Queens; 22 eight hundred [fifty-four] fifty dollars in the county of Richmond and 23 in cities having a population of more than one hundred thousand and less 24 than one million; and elsewhere the sum of five hundred [twelve] ten 25 dollars. 26 6. The annual fee for a license to sell liquor upon any railroad car 27 to be consumed on such car or any car connected therewith shall be one 28 hundred [ninety-two] ninety dollars for each railroad car licensed. 29 7. The annual fee for a license to sell liquor upon any vessel in this 30 state to be consumed upon such vessel shall be sixteen hundred dollars 31 for each vessel licensed, provided, however, that where a vessel is 32 operated only within the period commencing April first and ending Octo- 33 ber thirty-first of any one year, the liquor authority may, in its 34 discretion, grant for such vessel a summer license effective only for 35 such period of time, for which a license fee of four hundred [forty- 36 eight] forty dollars shall be paid. 37 8. The annual fee for a license to sell liquor upon an aircraft being 38 operated on regularly scheduled flights by a United States certificated 39 airline in this state shall be nineteen thousand two hundred [twenty] 40 dollars per annum for an airline company operating up to and including 41 twenty such aircraft and twenty-five thousand six hundred [sixty] 42 dollars for such an airline operating more than twenty such aircraft. 43 9. The annual fee for a license for a bottle club shall be the same as 44 the annual fee for a special license to sell liquor at retail to be 45 consumed on the premises, as set forth in subdivision four of this 46 section. 47 10. Notwithstanding any provision to the contrary, the annual fee for 48 a license for an establishment defined as an owner-occupied residence 49 providing at least three but no more than five rooms for temporary tran- 50 sient lodgers with sleeping accommodations and a meal in the forenoon of 51 the day, known as a "bed and breakfast dwelling" as authorized by subdi- 52 vision five-a of section sixty-four of this article, shall be two 53 hundred dollars plus fifteen dollars per each available bedroom. 54 § 10. Subdivision 1 of section 79-a of the alcoholic beverage control 55 law, as amended by section 5 of part Z of chapter 85 of the laws of 56 2002, is amended to read as follows: 
 A. 10416 13 1 1. Any person licensed to sell beer at retail for consumption off the 2 premises, pursuant to section fifty-four of this chapter, shall, by 3 virtue of such license and upon payment to the liquor authority of an 4 additional fee in the sum of one hundred sixty-five dollars in cities 5 having a population of one hundred thousand or over and [eighty-three] 6 eighty dollars elsewhere, be granted authorization to sell from the 7 licensed premises wine products in sealed containers for consumption off 8 such premises. Upon receipt of such additional fee, the liquor authority 9 shall promptly issue a permit authorizing such sales by the licensee. 10 § 11. Subdivisions 1 and 1-a of section 79-b of the alcoholic beverage 11 control law, as amended by section 6 of part Z of chapter 85 of the laws 12 of 2002, are amended to read as follows: 13 1. Any person licensed to sell beer at retail for consumption on the 14 premises, pursuant to section fifty-five of this chapter, shall, by 15 virtue of such license and upon payment to the liquor authority of an 16 additional fee in the sum of one hundred [ninety-two] ninety dollars in 17 cities having a population of one hundred thousand or over and [ninety- 18 six] ninety dollars elsewhere, be granted authorization to sell from the 19 licensed premises wine products in sealed containers at retail for 20 consumption on or off such premises. Upon receipt of such additional 21 fee, the liquor authority shall promptly issue a permit authorizing such 22 sales by the licensee. 23 1-a. Any person licensed to sell beer at retail for consumption on the 24 premises, pursuant to section fifty-five-a of this chapter, shall, by 25 virtue of such license and upon payment to the liquor authority of an 26 additional fee in the sum of one hundred [ninety-two] ninety dollars in 27 cities having a population of one hundred thousand or over and [ninety- 28 six] ninety dollars elsewhere, be granted authorization to sell from the 29 licensed premises wine products in sealed containers at retail for 30 consumption on such premises. Upon receipt of such additional fee, the 31 liquor authority shall promptly issue a permit authorizing such sales by 32 the licensee. 33 § 12. Section 83 of the alcoholic beverage control law, as amended by 34 section 7 of part Z of chapter 85 of the laws of 2002, subdivision 1-a 35 as amended by chapter 221 of the laws of 2011, subdivision 1-d as 36 amended by chapter 613 of the laws of 2008, subdivision 8 as added by 37 chapter 355 of the laws of 2013, and subdivision 9 as added by chapter 38 422 of the laws of 2016, is amended to read as follows: 39 § 83. License fees. 1. The annual fee for a winery license shall be 40 six hundred twenty-five dollars. 41 1-a. The annual fee for a farm winery license shall be one hundred 42 twenty-five dollars, provided that the annual fee for a farm winery 43 manufacturing no more than fifteen hundred finished gallons of wine 44 annually shall be fifty dollars. 45 1-d. The fee for each license issued for a winery or farm winery 46 licensee's authority to conduct wine tastings and the sale of New York 47 state labelled wines for off-premises consumption pursuant to paragraph 48 (c) of subdivision two of section seventy-six of this article shall be 49 forty dollars. 50 2. The annual fee for a license to sell wine at wholesale [shall be 51 eight hundred dollars]: 52 (a) if such wholesaler has gross sales of at least seven hundred fifty 53 million dollars within the previous year in New York state as reported 54 to the department of taxation and finance on the annual beer, wine, and 55 liquor wholesalers transaction information, shall be one million 56 dollars; and 
 A. 10416 14 1 (b) if such wholesaler has gross sales of under seven hundred fifty 2 million dollars within the previous year in New York state as reported 3 to the department of taxation and finance on the annual beer, wine, and 4 liquor wholesalers transaction information, shall be eight hundred 5 dollars. 6 3. The annual fee for a license to sell wine at retail, not to be 7 consumed on the premises, shall be six hundred forty dollars for each 8 such place where such business is carried on in cities having a popu- 9 lation of one million or more; in cities having less than one million 10 population and more than one hundred thousand, three hundred twenty 11 dollars; and elsewhere, the sum of one hundred forty-five dollars. 12 4. The annual fee for selling wine at retail, to be consumed on the 13 premises where sold, shall be as follows: 14 (a) In cities having a population of one hundred thousand or over the 15 sum of four hundred eighty dollars per year; and 16 (b) Elsewhere, the sum of two hundred forty dollars per year. 17 4-a. The annual fee for a license to sell wine at retail to be 18 consumed on the premises where sold where the premises to be licensed 19 remain open only within the period commencing April first and ending 20 October thirty-first of any one year or only within the period commenc- 21 ing October first and ending the following April thirtieth, the liquor 22 authority, in its discretion, may grant a summer or winter license 23 effective only for such appropriate period of time, for which an annual 24 fee of one hundred [twelve] ten dollars shall be paid. 25 5. The annual fee for a special license to sell wine at retail, to be 26 consumed on the premises where sold, shall be as follows: 27 (a) In cities having a population of one hundred thousand or over, the 28 sum of five hundred [seventy-six] seventy-five dollars per year; and 29 (b) Elsewhere, the sum of two hundred seventy dollars per year. 30 6. The annual fee for a special winery license shall be six hundred 31 twenty-five dollars. 32 7. The annual fee for a special farm winery license shall be one 33 hundred twenty-five dollars. 34 8. The annual fee for a roadside farm market license shall be one 35 hundred dollars. 36 9. The annual fee for a license to operate a custom winemakers' center 37 shall be three hundred twenty dollars. 38 § 13. Section 122 of the alcoholic beverage control law, as amended by 39 chapter 408 of the laws of 1997, is amended to read as follows: 40 § 122. Continuance of business by receiver or other representative. 41 If a corporation or copartnership holding any license or holding a 42 permit for which an annual fee of one hundred dollars or more is 43 prescribed by this chapter shall be dissolved, or if a receiver or 44 assignee for the benefit of creditors be appointed therefor, or if a 45 receiver, assignee for the benefit of creditors or a committee or 46 conservator of the property of an individual holding any license or 47 holding a permit for which an annual fee of one hundred dollars or more 48 is prescribed by this chapter be appointed, during the time for which 49 such license or permit was granted, or if a person, including a member 50 of a copartnership, holding any license or holding a permit for which an 51 annual fee of one hundred dollars or more is prescribed by this chapter 52 shall die during the term for which such license or permit was given, 53 such corporation, copartnership, receiver or assignee, or the adminis- 54 trator or executor of the estate of such individual, or of such deceased 55 member of a copartnership, or a committee of the property of a person 56 adjudged to be incompetent, or a conservator of the property of an indi- 
 A. 10416 15 1 vidual, or a petition under title eleven of the United States code shall 2 have been filed and a trustee has been appointed or the holder of the 3 license [of] or permit has been permitted to remain in possession with- 4 out the appointment of a trustee, may continue to carry on such business 5 upon such premises for the balance of the term for which such license or 6 permit was effective, with the same rights and subject to the same 7 restrictions and liabilities as if [he] they had been the original 8 applicant for and the original holder, or one of either of them, of such 9 license or permit, providing the approval of the liquor authority shall 10 be first obtained. Before continuing such business, such receiver, 11 assignee, individual, committee, or conservator, debtor in possession, 12 or trustee in bankruptcy shall file a statement setting forth in such 13 form and substance as the liquor authority may prescribe the facts and 14 circumstances by which [he has] they have succeeded to the rights of the 15 original licensee or permittee. The liquor authority may, in its 16 discretion, permit the continuance of such business or may refuse to do 17 so. In the event that the authority determines to permit the continuance 18 of the business, the license or permit shall be submitted to the author- 19 ity and shall have affixed thereto a certificate in the form prescribed 20 by the authority. For each such certificate, a fee shall be paid to the 21 liquor authority of fifty dollars by the applicant, except in the case 22 of an off-premise beer license, such fee shall be ten dollars which 23 shall be paid into the same fund as other license fees herein provided 24 for. 25 § 14. This act shall take effect on the first of January next succeed- 26 ing the date on which it shall have become a law. Effective immediately, 27 the addition, amendment and/or repeal of any rule or regulation neces- 28 sary for the implementation of this act on its effective date are 29 authorized to be made and completed on or before such effective date. 30 PART I 31 Section 1. The opening paragraph of subdivision 2 of section 99-d of 32 the alcoholic beverage control law, as amended by chapter 560 of the 33 laws of 2011, is amended to read as follows: 34 Before any change in the members of a limited liability company or the 35 transfer or assignment of a membership interest in a limited liability 36 company or any corporate change in stockholders, stockholdings, alcohol- 37 ic beverage officers, officers or directors, except officers and direc- 38 tors of a premises licensed as a club or a luncheon club under this 39 chapter can be effectuated for the purposes of this chapter, there shall 40 be filed with the liquor authority an application for permission to make 41 such change and there shall be paid to the liquor authority in advance 42 upon filing of the application a fee of one hundred twenty-eight 43 dollars. Such application shall be deemed approved and in effect if not 44 disapproved by the authority prior to the expiration of ninety days 45 after receipt by the authority. 46 § 2. This act shall take effect immediately. 47 PART J 48 Section 1. Subdivision 4 of section 97-a of the alcoholic beverage 49 control law, as amended by chapter 431 of the laws of 2024, is amended 50 to read as follows: 51 4. A temporary retail permit issued by the authority pursuant to this 52 section shall be for a period not to exceed one hundred eighty days. A 
 A. 10416 16 1 temporary permit may be extended at the discretion of the authority, for 2 an additional [thirty] ninety day period upon payment of an additional 3 fee of sixty-four dollars for all retail beer licenses and ninety-six 4 dollars for all other temporary permits and upon compliance with all 5 conditions required in this section. The authority may, in its 6 discretion, issue additional [thirty] ninety day extensions upon payment 7 of the appropriate fee. 8 § 2. Subdivision 6 of section 97-a of the alcoholic beverage control 9 law, as added by chapter 396 of the laws of 2010, is amended to read as 10 follows: 11 6. The holder of a temporary retail permit shall [purchase alcoholic 12 beverages only by payment in currency or check for such alcoholic bever- 13 ages on or before the day such alcoholic beverages are delivered, 14 provided, however, that the holder of a temporary permit issued pursuant 15 to this section who also holds one or more retail licenses and is oper- 16 ating under such retail license or licenses in addition to the temporary 17 retail permit, and who is not delinquent under the provisions of section 18 one hundred one-aa of this chapter as to any retail license under which 19 he operates, may purchase alcoholic beverages on credit under the tempo- 20 rary permit] be subject to sections one hundred one-aa and one hundred 21 one-aaa of this chapter. 22 § 3. Section 5 of chapter 396 of the laws of 2010 amending the alco- 23 holic beverage control law relating to liquidator's permits and tempo- 24 rary retail permits, as amended by section 1 of part K of chapter 55 of 25 the laws of 2024, is amended to read as follows: 26 § 5. This act shall take effect on the sixtieth day after it shall 27 have become a law[, provided that paragraph (b) of subdivision 1 of 28 section 97-a of the alcoholic beverage control law as added by section 29 two of this act shall expire and be deemed repealed October 12, 2025]. 30 § 4. This act shall take effect immediately; provided, however, that 31 section two of this act shall take effect on the ninetieth day after it 32 shall have become a law. 33 PART K 34 Section 1. The alcoholic beverage control law is amended by adding a 35 new section 97-e to read as follows: 36 § 97-e. Temporary wholesale permit. 1. Any person may apply to the 37 liquor authority for a temporary permit to operate any alcoholic bever- 38 age wholesale facility as may be licensed under this chapter. Such 39 application shall be in writing and verified and shall contain informa- 40 tion as the liquor authority shall require. Such application shall be 41 accompanied by a check or draft in the amount of one hundred twenty-five 42 dollars for such permit. 43 2. Upon application, the liquor authority may issue such temporary 44 permit when: 45 (a) the applicant has a wholesale license application at the same 46 premises pending before the liquor authority, together with all required 47 filing and license fees; 48 (b) the applicant has obtained and provided evidence of all permits, 49 licenses and other documents necessary for the operation of such a busi- 50 ness; and 51 (c) any current license in effect at the premises has been surrendered 52 or placed in safekeeping, or has been deemed abandoned by the authority. 53 3. The liquor authority in granting such permit shall ensure that: 
 A. 10416 17 1 (a) issuance of the permit will not inordinately hinder the operation 2 or effective administration of this chapter; 3 (b) the applicant would in all likelihood be able to ultimately obtain 4 the wholesale license being applied for; and 5 (c) the applicant has substantially complied with the requirements 6 necessary to obtain such license. 7 4. The application for a permit shall be approved or denied by the 8 liquor authority within forty-five days after the receipt of such appli- 9 cation. 10 5. A temporary permit shall authorize the permittee to operate a 11 wholesale facility for the purchase, warehousing, and sale of alcoholic 12 beverages according to the laws applicable to the type of wholesale 13 license being applied for. 14 6. Such temporary permit shall remain in effect for six months or 15 until the wholesale license being applied for is approved and the 16 license granted, whichever is shorter. Such permit may be extended at 17 the discretion of the liquor authority for additional three-month peri- 18 ods of time upon payment of an additional fee of fifty dollars for each 19 such extension. 20 7. Notwithstanding any provision of law to the contrary, a temporary 21 wholesale permit may be summarily cancelled or suspended at any time if 22 the liquor authority determines that good cause for cancellation or 23 suspension exists. The liquor authority shall promptly notify the 24 permittee in writing of such cancellation or suspension and shall set 25 forth the reasons for such action. 26 8. The liquor authority in reviewing such application shall review the 27 entire record and grant the temporary permit unless good cause is other- 28 wise shown. A decision on an application shall be based on substantial 29 evidence in the record and supported by a preponderance of the evidence 30 in favor of the applicant. 31 § 2. Section 104 of the alcoholic beverage control law is amended by 32 adding a new subdivision 4 to read as follows: 33 4. Notwithstanding any other provision of this chapter to the contra- 34 ry, the authority may issue a cider producer or wholesaler's license, 35 beer wholesaler's license, wine wholesaler's license, or liquor whole- 36 saler's license to the holder of any wholesaler's license issued pursu- 37 ant to this chapter for use at such licensee's existing licensed prem- 38 ises. The liquor authority is hereby authorized to adopt such rules as 39 it may deem necessary to carry out the purposes of this subdivision. 40 § 3. This act shall take effect immediately and shall apply to all 41 applications filed after such effective date. 42 PART L 43 Section 1. Paragraph (a) of subdivision 7 of section 64 of the alco- 44 holic beverage control law, as amended by chapter 463 of the laws of 45 2009, is amended to read as follows: 46 (a) on the same street or avenue and within two hundred feet of a 47 building occupied exclusively as a school, church, synagogue or other 48 place of worship; provided, however, that the authority may issue a 49 retail license for on-premises consumption for a premises which shall be 50 within two hundred feet of a building occupied exclusively as a school, 51 church, synagogue, or other place of worship if the owner or administra- 52 tor of such school, church, or other place of worship affirmatively 53 state support for the issuance of such a license, or 
 A. 10416 18 1 § 2. Subparagraph (i) of paragraph (a) of subdivision 7 of section 2 64-a of the alcoholic beverage control law, as amended by chapter 463 of 3 the laws of 2009, is amended to read as follows: 4 (i) on the same street or avenue and within two hundred feet of a 5 building occupied exclusively as a school, church, synagogue or other 6 place of worship; provided, however, that the authority may issue a 7 retail license for on-premises consumption for a premises which shall be 8 within two hundred feet of a building occupied exclusively as a school, 9 church, synagogue, or other place of worship if the owner or administra- 10 tor of such school, church, or other place of worship affirmatively 11 state support for the issuance of such a license; or 12 § 3. Subparagraph (i) of paragraph (a) of subdivision 5 of section 13 64-b of the alcoholic beverage control law, as amended by chapter 463 of 14 the laws of 2009, is amended to read as follows: 15 (i) on the same street or avenue and within two hundred feet of a 16 building occupied exclusively as a school, church, synagogue or other 17 place of worship; provided, however, that the authority may issue a 18 retail license for on-premises consumption for a premises which shall be 19 within two hundred feet of a building occupied exclusively as a school, 20 church, synagogue, or other place of worship if the owner or adminis- 21 trator of such school, church, or other place of worship affirmative- 22 ly state support for the issuance of such a license; or 23 § 4. Subparagraph (i) of paragraph (a) of subdivision 11 of section 24 64-c of the alcoholic beverage control law, as amended by chapter 463 of 25 the laws of 2009, is amended to read as follows: 26 (i) on the same street or avenue and within two hundred feet of a 27 building occupied exclusively as a school, church, synagogue or other 28 place of worship; provided, however, that the authority may issue a 29 retail license for on-premises consumption for a premises which shall be 30 within two hundred feet of a building occupied exclusively as a school, 31 church, synagogue, or other place of worship if the owner or adminis- 32 trator of such school, church, or other place of worship affirmative- 33 ly state support for the issuance of such a license; or 34 § 5. Paragraph (a) of subdivision 8 of section 64-d of the alcoholic 35 beverage control law, as amended by chapter 463 of the laws of 2009, is 36 amended to read as follows: 37 (a) on the same street or avenue and within two hundred feet of a 38 building occupied exclusively as a school, church, synagogue or other 39 place of worship; provided, however, that the authority may issue a 40 retail license for on-premises consumption for a premises which shall be 41 within two hundred feet of a building occupied exclusively as a school, 42 church, synagogue, or other place of worship if the owner or adminis- 43 trator of such school, church, or other place of worship affirmative- 44 ly state support for the issuance of such a license; or 45 § 6. This act shall take effect immediately. 46 PART M 47 Section 1. Paragraphs (b) and (f) of subdivision 7 of section 64 of 48 the alcoholic beverage control law, paragraph (b) as amended by chapter 49 463 of the laws of 2009 and paragraph (f) as amended by chapter 185 of 50 the laws of 2012, are amended to read as follows: 51 (b) in a [city, town or village having a population of twenty thousand 52 or more] county having a population between one million six hundred 53 thousand and one million seven hundred thousand as of the two thousand 54 twenty census as conducted by the United States department of commerce 
 A. 10416 19 1 within five hundred feet of three or more existing premises licensed and 2 operating pursuant to this section and sections sixty-four-a, sixty- 3 four-b, sixty-four-c, and/or sixty-four-d of this article; 4 (f) Notwithstanding the provisions of paragraph (b) of this subdivi- 5 sion, in a county having a population between one million six hundred 6 thousand and one million seven hundred thousand as of the two thousand 7 twenty census as conducted by the United States department of commerce, 8 the authority may issue a license pursuant to this section for a prem- 9 ises which shall be within five hundred feet of three or more existing 10 premises licensed and operating pursuant to this section and sections 11 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this 12 article if, after consultation with the municipality or community board, 13 it determines that granting such license would be in the public inter- 14 est. Before it may issue any such license, the authority shall conduct a 15 hearing, upon notice to the applicant and the municipality or community 16 board, and shall state and file in its office its reasons therefor. The 17 hearing may be rescheduled, adjourned or continued, and the authority 18 shall give notice to the applicant and the municipality or community 19 board of any such rescheduled, adjourned or continued hearing. Before 20 the authority issues any said license, the authority or one or more of 21 the commissioners thereof may, in addition to the hearing required by 22 this paragraph, also conduct a public meeting regarding said license, 23 upon notice to the applicant and the municipality or community board. 24 The public meeting may be rescheduled, adjourned or continued, and the 25 authority shall give notice to the applicant and the municipality or 26 community board of any such rescheduled, adjourned or continued public 27 meeting. Notice to the municipality or community board shall mean writ- 28 ten notice mailed by the authority to such municipality or community 29 board at least fifteen days in advance of any hearing scheduled pursuant 30 to this paragraph. Upon the request of the authority, any municipality 31 or community board may waive the fifteen day notice requirement. No 32 premises having been granted a license pursuant to this section shall be 33 denied a renewal of such license upon the grounds that such premises are 34 within five hundred feet of a building or buildings wherein three or 35 more premises are licensed and operating pursuant to this section and 36 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d 37 of this article. 38 § 2. Paragraphs (a) and (d) of subdivision 7 of section 64-a of the 39 alcoholic beverage control law, paragraph (a) as amended by chapter 463 40 of the laws of 2009 and paragraph (d) as amended by chapter 185 of the 41 laws of 2012, are amended to read as follows: 42 (a) No special on-premises license shall be granted for any premises 43 which shall be 44 (i) on the same street or avenue and within two hundred feet of a 45 building occupied exclusively as a school, church, synagogue or other 46 place of worship or 47 (ii) in a [city, town or village having a population of twenty thou- 48 sand or more] county having a population between one million six hundred 49 thousand and one million seven hundred thousand as of the two thousand 50 twenty census as conducted by the United States department of commerce 51 within five hundred feet of three or more existing premises licensed and 52 operating pursuant to this section and sections sixty-four, 53 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; 54 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph 55 are to be taken in straight lines from the center of the nearest 56 entrance of the premises sought to be licensed to the center of the 
 A. 10416 20 1 nearest entrance of such school, church, synagogue or other place of 2 worship or to the center of the nearest entrance of each such premises 3 licensed and operating pursuant to this section and sections sixty-four, 4 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except 5 that no license shall be denied to any premises at which a license under 6 this chapter has been in existence continuously from a date prior to the 7 date when a building on the same street or avenue and within two hundred 8 feet of said premises has been occupied exclusively as a school, church, 9 synagogue or other place of worship; and except that no license shall be 10 denied to any premises, which is within five hundred feet of three or 11 more existing premises licensed and operating pursuant to this section 12 and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d 13 of this article, at which a license under this chapter has been in 14 existence continuously on or prior to November first, nineteen hundred 15 ninety-three. The liquor authority, in its discretion, may authorize the 16 removal of any such licensed premises to a different location on the 17 same street or avenue, within two hundred feet of said school, church, 18 synagogue or other place of worship, provided that such new location is 19 not within a closer distance to such school, church, synagogue or other 20 place of worship. 21 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph 22 (a) of this subdivision, in a county having a population between one 23 million six hundred thousand and one million seven hundred thousand as 24 of the two thousand twenty census as conducted by the United States 25 department of commerce, the authority may issue a license pursuant to 26 this section for a premises which shall be within five hundred feet of 27 three or more existing premises licensed and operating pursuant to this 28 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or 29 sixty-four-d of this article if, after consultation with the munici- 30 pality or community board, it determines that granting such license 31 would be in the public interest. Before it may issue any such license, 32 the authority shall conduct a hearing, upon notice to the applicant and 33 the municipality or community board, and shall state and file in its 34 office its reasons therefor. Notice to the municipality or community 35 board shall mean written notice mailed by the authority to such munici- 36 pality or community board at least fifteen days in advance of any hear- 37 ing scheduled pursuant to this paragraph. Upon the request of the 38 authority, any municipality or community board may waive the fifteen day 39 notice requirement. The hearing may be rescheduled, adjourned or contin- 40 ued, and the authority shall give notice to the applicant and the muni- 41 cipality or community board of any such rescheduled, adjourned or 42 continued hearing. Before the authority issues any said license, the 43 authority or one or more of the commissioners thereof may, in addition 44 to the hearing required by this paragraph, also conduct a public meeting 45 regarding said license, upon notice to the applicant and the munici- 46 pality or community board. The public meeting may be rescheduled, 47 adjourned or continued, and the authority shall give notice to the 48 applicant and the municipality or community board of any such resched- 49 uled, adjourned or continued public meeting. No premises having been 50 granted a license pursuant to this section shall be denied a renewal of 51 such license upon the grounds that such premises are within five hundred 52 feet of a building or buildings wherein three or more premises are 53 licensed and operating pursuant to this section and sections sixty-four, 54 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article. 55 § 3. Paragraphs (a) and (c) of subdivision 5 of section 64-b of the 56 alcoholic beverage control law, paragraph (a) as amended by chapter 463 
 A. 10416 21 1 of the laws of 2009 and paragraph (c) as amended by chapter 185 of the 2 laws of 2012, are amended to read as follows: 3 (a) No bottle club license shall be granted for any premises which 4 shall be 5 (i) on the same street or avenue and within two hundred feet of a 6 building occupied exclusively as a school, church, synagogue or other 7 place of worship; or 8 (ii) in a [city, town or village having a population of twenty thou- 9 sand or more] county having a population between one million six hundred 10 thousand and one million seven hundred thousand as of the two thousand 11 twenty census as conducted by the United States department of commerce 12 within five hundred feet of three or more existing premises licensed and 13 operating pursuant to this section and sections sixty-four, 14 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article; 15 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph 16 are to be taken in straight lines from the center of the nearest 17 entrance of the premises sought to be licensed to the center of the 18 nearest entrance of such school, church, synagogue or other place of 19 worship or to the center of the nearest entrance of each such premises 20 licensed and operating pursuant to this section and sections sixty-four, 21 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article; except 22 that no license shall be denied to any premises at which a license under 23 this chapter has been in existence continuously from a date prior to the 24 date when a building on the same street or avenue and within two hundred 25 feet of said premises has been occupied exclusively as a school, church, 26 synagogue or other place of worship; and except that no license shall be 27 denied to any premises, which is within five hundred feet of three or 28 more existing premises licensed and operating pursuant to this section 29 and sections sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d 30 of this article, at which a license under this chapter has been in 31 existence continuously on or prior to November first, nineteen hundred 32 ninety-three. The liquor authority, in its discretion, may authorize the 33 removal of any such licensed premises to a different location on the 34 same street or avenue, within two hundred feet of said school, church, 35 synagogue or other place of worship, provided that such new location is 36 not within a closer distance to such school, church, synagogue or other 37 place of worship. 38 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 39 (a) of this subdivision, in a county having a population between one 40 million six hundred thousand and one million seven hundred thousand as 41 of the two thousand twenty census as conducted by the United States 42 department of commerce, the authority may issue a license pursuant to 43 this section for a premises which shall be within five hundred feet of 44 three or more existing premises licensed and operating pursuant to this 45 section and sections sixty-four, sixty-four-a, sixty-four-c, and/or 46 sixty-four-d of this article if, after consultation with the munici- 47 pality or community board, it determines that granting such license 48 would be in the public interest. Before it may issue any such license, 49 the authority shall conduct a hearing, upon notice to the applicant and 50 the municipality or community board, and shall state and file in its 51 office its reasons therefor. The hearing may be rescheduled, adjourned 52 or continued, and the authority shall give notice to the applicant and 53 the municipality or community board of any such rescheduled, adjourned 54 or continued hearing. Before the authority issues any said license, the 55 authority or one or more of the commissioners thereof may, in addition 56 to the hearing required by this paragraph, also conduct a public meeting 
 A. 10416 22 1 regarding said license, upon notice to the applicant and the munici- 2 pality or community board. The public meeting may be rescheduled, 3 adjourned or continued, and the authority shall give notice to the 4 applicant and the municipality or community board of any such resched- 5 uled, adjourned or continued public meeting. Notice to the municipality 6 or community board shall mean written notice mailed by the authority to 7 such municipality or community board at least fifteen days in advance of 8 any hearing scheduled pursuant to this paragraph. Upon the request of 9 the authority, any municipality or community board may waive the fifteen 10 day notice requirement. No premises having been granted a license pursu- 11 ant to this section shall be denied a renewal of such license upon the 12 grounds that such premises are within five hundred feet of a building or 13 buildings wherein three or more premises are licensed and operating 14 pursuant to this section and sections sixty-four, sixty-four-a, sixty- 15 four-c, and/or sixty-four-d of this article. 16 § 4. Paragraphs (a) and (c) of subdivision 11 of section 64-c of the 17 alcoholic beverage control law, paragraph (a) as amended by chapter 463 18 of the laws of 2009 and paragraph (c) as amended by chapter 185 of the 19 laws of 2012, are amended to read as follows: 20 (a) No restaurant-brewer license shall be granted for any premises 21 which shall be: 22 (i) on the same street or avenue and within two hundred feet of a 23 building occupied exclusively as a school, church, synagogue or other 24 place of worship; or 25 (ii) in a [city, town or village having a population of twenty thou- 26 sand or more] county having a population between one million six hundred 27 thousand and one million seven hundred thousand as of the two thousand 28 twenty census as conducted by the United States department of commerce 29 within five hundred feet of three or more existing premises licensed and 30 operating pursuant to the provisions of this section or sections sixty- 31 four, sixty-four-a, sixty-four-b and/or sixty-four-d of this article; or 32 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph 33 are to be taken in straight lines from the center of the nearest 34 entrance of the premises sought to be licensed to the center of the 35 nearest entrance of such school, church, synagogue or other place of 36 worship or to the center of the nearest entrance of each such premises 37 licensed and operating pursuant to this section and sections sixty-four, 38 sixty-four-a, sixty-four-b and/or sixty-four-d of this article; except 39 that no license shall be denied to any premises at which a license under 40 this chapter has been in existence continuously from a date prior to the 41 date when a building on the same street or avenue and within two hundred 42 feet of said premises has been occupied exclusively as a school, church, 43 synagogue or other place of worship and except that no license shall be 44 denied to any premises, which is within five hundred feet of three or 45 more existing premises licensed and operating pursuant to this section 46 and sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d 47 of this article, at which a license under this chapter has been in 48 existence continuously on or prior to November first, nineteen hundred 49 ninety-three. 50 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 51 (a) of this subdivision, in a county having a population between one 52 million six hundred thousand and one million seven hundred thousand as 53 of the two thousand twenty census as conducted by the United States 54 department of commerce, the authority may issue a license pursuant to 55 this section for a premises which shall be within five hundred feet of 56 three or more existing premises licensed and operating pursuant to this 
 A. 10416 23 1 section and sections sixty-four, sixty-four-a, sixty-four-b and/or 2 sixty-four-d of this article if, after consultation with the munici- 3 pality or community board, it determines that granting such license 4 would be in the public interest. Before it may issue any such license, 5 the authority shall conduct a hearing, upon notice to the applicant and 6 the municipality or community board, and shall state and file in its 7 office its reasons therefor. The hearing may be rescheduled, adjourned 8 or continued, and the authority shall give notice to the applicant and 9 the municipality or community board of any such rescheduled, adjourned 10 or continued hearing. Before the authority issues any said license, the 11 authority or one or more of the commissioners thereof may, in addition 12 to the hearing required by this paragraph, also conduct a public meeting 13 regarding said license, upon notice to the applicant and the munici- 14 pality or community board. The public meeting may be rescheduled, 15 adjourned or continued, and the authority shall give notice to the 16 applicant and the municipality or community board of any such resched- 17 uled, adjourned or continued public meeting. Notice to the municipality 18 or community board shall mean written notice mailed by the authority to 19 such municipality or community board at least fifteen days in advance of 20 any hearing scheduled pursuant to this paragraph. Upon the request of 21 the authority, any municipality or community board may waive the fifteen 22 day notice requirement. No premises having been granted a license pursu- 23 ant to this section shall be denied a renewal of such license upon the 24 grounds that such premises are within five hundred feet of a building or 25 buildings wherein three or more premises are operating and licensed 26 pursuant to this section or sections sixty-four, sixty-four-a, sixty- 27 four-b and/or sixty-four-d of this article. 28 § 5. Paragraphs (b) and (e) of subdivision 8 of section 64-d of the 29 alcoholic beverage control law, paragraph (b) as amended by chapter 463 30 of the laws of 2009 and paragraph (e) as amended by chapter 185 of the 31 laws of 2012, are amended to read as follows: 32 (b) in a [city, town or village having a population of twenty thousand 33 or more] county having a population between one million six hundred 34 thousand and one million seven hundred thousand as of the two thousand 35 twenty census as conducted by the United States department of commerce 36 within five hundred feet of an existing premises licensed and operating 37 pursuant to the provisions of this section, or within five hundred feet 38 of three or more existing premises licensed and operating pursuant to 39 this section and sections sixty-four, sixty-four-a, sixty-four-b, and/or 40 sixty-four-c of this article. 41 (e) notwithstanding the provisions of paragraph (b) of this subdivi- 42 sion, in a county having a population between one million six hundred 43 thousand and one million seven hundred thousand as of the two thousand 44 twenty census as conducted by the United States department of commerce, 45 the authority may issue a license pursuant to this section for a prem- 46 ises which shall be within five hundred feet of an existing premises 47 licensed and operating pursuant to the provisions of this section or 48 within five hundred feet of three or more existing premises licensed and 49 operating pursuant to this section and sections sixty-four, 50 sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if, 51 after consultation with the municipality or community board, it deter- 52 mines that granting such license would be in the public interest. 53 Before it may issue any such license, the authority shall conduct a 54 hearing, upon notice to the applicant and the municipality or community 55 board, and shall state and file in its office its reasons therefor. The 56 hearing may be rescheduled, adjourned or continued, and the authority 
 A. 10416 24 1 shall give notice to the applicant and the municipality or community 2 board of any such rescheduled, adjourned or continued hearing. Before 3 the authority issues any said license, the authority or one or more of 4 the commissioners thereof may, in addition to the hearing required by 5 this paragraph, also conduct a public meeting regarding said license, 6 upon notice to the applicant and the municipality or community board. 7 The public meeting may be rescheduled, adjourned or continued, and the 8 authority shall give notice to the applicant and the municipality or 9 community board of any such rescheduled, adjourned or continued public 10 meeting. Notice to the municipality or community board shall mean writ- 11 ten notice mailed by the authority to such municipality or community 12 board at least fifteen days in advance of any hearing scheduled pursuant 13 to this paragraph. Upon the request of the authority, any municipality 14 or community board may waive the fifteen day notice requirement. No 15 premises having been granted a license pursuant to this section shall be 16 denied a renewal of such license upon the grounds that such premises are 17 within five hundred feet of an existing premises licensed and operating 18 pursuant to the provisions of this section or within five hundred feet 19 of a building or buildings wherein three or more premises are licensed 20 and operating pursuant to this section and sections sixty-four, sixty- 21 four-a, sixty-four-b, and/or sixty-four-c of this article. 22 § 6. This act shall take effect immediately. 23 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 24 sion, section or part of this act shall be adjudged by any court of 25 competent jurisdiction to be invalid, such judgment shall not affect, 26 impair, or invalidate the remainder thereof, but shall be confined in 27 its operation to the clause, sentence, paragraph, subdivision, section 28 or part thereof directly involved in the controversy in which such judg- 29 ment shall have been rendered. It is hereby declared to be the intent of 30 the legislature that this act would have been enacted even if such 31 invalid provisions had not been included herein. 32 § 3. This act shall take effect immediately; provided, however, that 33 the applicable effective date of Parts A through M of this act shall be 34 as specifically set forth in the last section of such Parts.