S 4575: 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 ________________________________________________________________________ 4575 2025-2026 Regular Sessions  IN SENATE February 7, 2025 ___________ Introduced by Sens. SKOUFIS, JACKSON, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02017-01-5 
 S. 4575 2 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) 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 
 S. 4575 3 1 Section 1. Section 106 of the alcoholic beverage control law is 2 amended by adding a new subdivision 2-b to read as follows: 3 2-b. Notwithstanding any provision of this chapter to the contrary, a 4 retail licensee for on-premises consumption shall be authorized to 5 purchase up to twelve bottles of wine and liquor per week from an off- 6 premises retail licensee, and may resell any wine and liquor so 7 purchased for consumption on the premises licensed therefor. 8 § 2. Section 105 of the alcoholic beverage control law is amended by 9 adding a new subdivision 2 to read as follows: 10 2. Notwithstanding any provision of this chapter to the contrary, a 11 retail licensee to sell liquor and/or wine for consumption off the prem- 12 ises shall be authorized to sell up to twelve bottles of wine and liquor 13 per week to a retail licensee for on-premises consumption. 14 § 3. This act shall take effect immediately. 15 PART D 16 Section 1. Subdivision 4 of section 63 of the alcoholic beverage 17 control law, as amended by chapter 24 of the laws of 2024, is amended to 18 read as follows: 19 4. No licensee under this section shall be engaged in any other busi- 20 ness on the licensed premises. The sale of any of the following shall 21 not constitute engaging in another business within the meaning of this 22 subdivision: 23 (a) lottery tickets, when duly authorized and lawfully conducted[, the 24 sale of]; 25 (b) reusable bags as defined in section 27-2801 of the environmental 26 conservation law[, the sale of]; 27 (c) corkscrews [or the sale of]; 28 (d) ice [or the sale of]; 29 (e) publications, including prerecorded video and/or audio cassette 30 tapes, or educational seminars, designed to help educate consumers in 31 their knowledge and appreciation of alcoholic beverages, as defined in 32 section three of this chapter and allowed pursuant to their license[, or 33 the sale of]; 34 (f) non-carbonated, non-flavored mineral waters, spring waters and 35 drinking waters [or the sale of]; 36 (g) glasses designed for the consumption of wine or liquor, racks 37 designed for the storage of wine, and devices designed to minimize 38 oxidation in bottles of wine which have been uncorked[, or the sale of]; 39 (h) gift bags, gift boxes, associated gift or promotional items, or 40 wrapping, for alcoholic beverages purchased at the licensed premises 41 [shall not constitute engaging in another business within the meaning of 42 this subdivision]; 43 (i) tonic water; 44 (j) bitters; 45 (k) maraschino cherries; and 46 (l) dealcoholized wine. 47 Any fee obtained from the sale of an educational seminar shall not be 48 considered as a fee for any tasting that may be offered during an educa- 49 tional seminar, provided that such tastings are available to persons who 50 have not paid to attend the seminar and all tastings are conducted in 51 accordance with section sixty-three-a of this article. For the purposes 52 of this section, gift or promotional items shall only include those 53 items that are complimentary and directly associated with the sale of 54 wine or liquor they are promoting and shall mean: (i) items that are de 
 S. 4575 4 1 minimis in value, but in no instance shall merchandise be valued at more 2 than fifteen dollars in total; (ii) items that are imprinted with the 3 wine or liquor brand logo on the gift or promotional item; and (iii) 4 items that are included as part of a manufactured pre-sealed package 5 with the wine or liquor that is being gifted or promoted. Further, for 6 the purposes of this section, promotional items shall not include any 7 food, non-alcoholic beverage, or other drink or food mix, nor shall 8 these items be offered for sale to the general public as individual 9 items. 10 § 2. Paragraph (a) of subdivision 1 of section 104 of the alcoholic 11 beverage control law, as amended by chapter 24 of the laws of 2024, is 12 amended to read as follows: 13 (a) No wholesaler shall be engaged in any other business on the prem- 14 ises to be licensed; except that nothing contained in this chapter 15 shall: (1) prohibit a beer wholesaler from (i) acquiring, storing or 16 selling non-alcoholic snack foods, as defined in paragraph (b) of this 17 subdivision, (ii) manufacturing, bottling, storing, or selling non-alco- 18 holic carbonated beverages, (iii) manufacturing, storing or selling 19 non-alcoholic non-carbonated soft drinks, mineral waters, spring waters, 20 drinking water, non-taxable malt or cereal beverages, juice drinks, 21 fruit or vegetable juices, ice, liquid beverage mixes and dry or frozen 22 beverage mixes, (iv) acquiring, storing or selling wine products, (v) 23 the sale of promotional items on such premises, or (vi) the sale of 24 tobacco products at retail by wholesalers who are licensed to sell beer 25 and other products at retail; (2) prohibit a wholesaler authorized to 26 sell wine from manufacturing, acquiring or selling wine merchandise, as 27 defined in paragraph (d) of this subdivision; (3) prohibit a licensed 28 winery or licensed farm winery from engaging in the business of a wine 29 wholesaler for New York state labeled wines produced by any licensed 30 winery or licensed farm winery or prohibit such wine wholesaler from 31 exercising any of its rights pursuant to sections seventy-six and seven- 32 ty-six-a of this chapter provided that the operation of such beer and 33 wine wholesalers business shall be subject to such rules and regulations 34 as the liquor authority may prescribe; (4) prohibit a beer wholesaler 35 who is authorized to sell beer at retail from selling at retail: (i) 36 candy, chewing gum and cough drops; (ii) non-refrigerated salsa; (iii) 37 cigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue 38 and picnic-related products and supplies, which shall include, but not 39 be limited to, charcoal, grills, propane gas, plastic and paper cups, 40 paper or plastic tablecloths and coolers; (v) beer making and brewing 41 supplies and publications, which shall include, but not be limited to, 42 books, magazines, equipment and ingredients; (vi) steins, mugs and other 43 glassware appropriate for the consumption of beer, malt beverages and 44 wine products; (vii) items typically used to serve beer and malt bever- 45 ages including, but not limited to, taps, kegerators, koozies and beer 46 socks; (viii) lemons, limes and oranges, provided that no more than two 47 dozen of each shall be displayed at any one time; (ix) rock salt, ice 48 and snow melting compounds, snow shovels; windshield washer solvent; 49 firewood; beach umbrellas; sunglasses and sun block; and (x) prepaid 50 telephone cards; (5) prohibit the installation and operation of a single 51 automated teller machine in the premises of a beer wholesaler who is 52 authorized to sell beer at retail; [or] (6) prohibit a liquor or a wine 53 wholesaler from transporting or selling gifts or promotional items asso- 54 ciated with wine or liquor products as provided for in subdivision four 55 of section sixty-three of this chapter; or (7) prohibit a liquor whole- 56 saler from transporting or selling tonic water, bitters, maraschino 
 S. 4575 5 1 cherries or dealcoholized wine. For the purposes of this subdivision, 2 "automated teller machine" means a device which is linked to the 3 accounts and records of a banking institution and which enables consum- 4 ers to carry out banking transactions, including but not limited to, 5 account transfers, deposits, cash withdrawals, balance inquiries and 6 loan payments. 7 § 3. This act shall take effect immediately. 8 PART E 9 Section 1. Subdivision 5 of section 63 of the alcoholic beverage 10 control law is amended to read as follows: 11 5. Not more than [one license] two licenses shall be granted to any 12 person under this section. 13 § 2. This act shall take effect immediately. 14 PART F 15 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of 16 section 101 of the alcoholic beverage control law, as amended by chapter 17 318 of the laws of 2016, is amended to read as follows: 18 Be interested directly or indirectly in any premises licensed under 19 this chapter where any alcoholic beverage is sold at retail; or in any 20 business licensed under this chapter devoted wholly or partially to the 21 sale of any alcoholic beverage at retail by stock ownership, interlock- 22 ing directors, mortgage or lien or any personal or real property, or by 23 any other means. The provisions of this paragraph shall not apply to 24 § 2. The opening paragraph of paragraph (a) of subdivision 13 of 25 section 106 of the alcoholic beverage control law, as amended by chapter 26 453 of the laws of 2018, is amended to read as follows: 27 No retail licensee for on-premises consumption shall be interested, 28 directly or indirectly, in any premises licensed under this chapter 29 where liquors, wines or beer are manufactured or sold at wholesale, by 30 stock ownership, interlocking directors, mortgage or lien on any 31 personal or real property or by any other means, except that liquors, 32 wines or beer may be manufactured or sold wholesale by the person 33 licensed as a manufacturer or wholesaler thereof: 34 § 3. This act shall take effect immediately. 35 PART G 36 Section 1. Subdivision 6 of section 63 of the alcoholic beverage 37 control law, as added by chapter 1024 of the laws of 1965, is amended to 38 read as follows: 39 6. Determinations under this section with respect to approving the 40 issuance of a new license or under section one hundred eleven of this 41 chapter with respect to the transfer to any other premises of a license 42 issued hereunder, shall be made [in accordance with public convenience 43 and advantage] unless there is good cause shown for disapproval by the 44 liquor authority. 45 § 2. Subdivision 4 of section 79 of the alcoholic beverage control 46 law, as added by chapter 1024 of the laws of 1965, is amended to read as 47 follows: 48 4. Determinations under this section with respect to approving the 49 issuance of a new license or under section one hundred eleven of this 50 chapter with respect to the transfer to any other premises of a license 
 S. 4575 6 1 issued hereunder shall be made [in accordance with public convenience 2 and advantage] unless there is good cause shown for disapproval by the 3 liquor authority. 4 § 3. This act shall take effect immediately. 5 PART H 6 Section 1. Subdivisions 3 and 4 of section 93 of the alcoholic bever- 7 age control law, subdivision 3 as amended by section 12 of part Z of 8 chapter 85 of the laws of 2002 and subdivision 4 as amended by chapter 9 297 of the laws of 2016, are amended to read as follows: 10 3. The license fee for such permit shall be [twenty-six] twenty-five 11 dollars per year, or for any part thereof, and the permit shall be 12 issued for the calendar year. 13 4. Notwithstanding the foregoing provisions of this section, any duly 14 licensed manufacturer or wholesaler may apply to the liquor authority 15 for an annual temporary solicitor's employment permit. Such permit shall 16 authorize such manufacturer or wholesaler to employ one or more persons 17 as a solicitor for a period of not exceeding six months provided that 18 within sixty days after such employee has been employed as a solicitor 19 such employee shall file [his] their application for a solicitor's 20 permit with the liquor authority. The license fee for such permit shall 21 be [thirty-eight] thirty-five dollars per year, or for any part thereof, 22 and the permit shall be issued for the calendar year. Such permit and 23 the exercise of the privileges hereby granted thereunder, shall be 24 subject to such terms and conditions as may be prescribed by the liquor 25 authority. 26 § 2. Subdivision 2 of section 94 of the alcoholic beverage control 27 law, as amended by section 14 of part Z of chapter 85 of the laws of 28 2002, is amended to read as follows: 29 2. Such permit shall be issued for the calendar year, and may cover 30 one or more trucks and in cities having a population of one million or 31 less to duly licensed taxicabs used to deliver only wine or liquor sold 32 at retail and the fee therefor shall be at the rate of [fifty-one] fifty 33 dollars per truck or such duly licensed taxicab per year. 34 § 3. Section 97 of the alcoholic beverage control law, as amended by 35 chapter 204 of the laws of 1963, the section heading as amended by chap- 36 ter 363 of the laws of 1977, subdivision 1 as amended by section 3 of 37 part H of chapter 55 of the laws of 2024, subdivision 2 as amended by 38 section 19 of part Z of chapter 85 of the laws of 2002, subdivision 4 as 39 added by chapter 120 of the laws of 2012, and subdivision 5 as added by 40 chapter 160 of the laws of 2024, is amended to read as follows: 41 § 97. Temporary beer and wine permit. 1. The liquor authority is 42 hereby authorized to issue temporary permits effective for a period not 43 to exceed twenty-four consecutive hours to authorize the sale of beer, 44 wine, cider, mead and/or braggot, and liquor at outdoor or indoor gath- 45 erings, functions, occasions or events, within the hours fixed by or 46 pursuant to subdivision five of section one hundred six of this chapter, 47 during which alcoholic beverages may lawfully be sold or served upon 48 premises licensed to sell alcoholic beverages at retail for on-premises 49 consumption in the community in which is located the premises in which 50 such gathering, function, occasion or event is held. The fee for such 51 permit shall be [twenty-six] twenty-five dollars. Such permit and the 52 exercise of the privilege granted thereby shall be subject to such rules 53 of the liquor authority as it deems necessary. 
 S. 4575 7 1 2. The liquor authority is hereby authorized to issue an annual permit 2 to brewers and beer wholesalers authorizing such licensees to sell beer 3 for consumption at outdoor or indoor gatherings, functions, occasions or 4 events, provided that such gatherings are not open to admission to the 5 general public nor is admission thereto made contingent upon the payment 6 of an admission fee, donation or contribution, and further provided that 7 such beer is not resold at such gatherings. Every brewer or beer whole- 8 saler to whom a permit shall be issued hereunder shall require every 9 person to whom beer shall be sold for use at such gatherings to make, 10 execute and file with such brewer or beer wholesaler, upon a form to be 11 prescribed by the liquor authority, a statement, that the beer purchased 12 by such person will not be sold or offered for sale by such person. Such 13 statement shall be accepted for all purposes as the equivalent of an 14 affidavit, and if false, shall subject the person making and executing 15 the same to the same penalties as if [he had] they have been duly sworn. 16 Such permit shall be issued in the form prescribed by the liquor author- 17 ity and shall run concurrently with the annual term of the brewer's 18 license or of the wholesale beer license, and the fee for such permit 19 shall be [sixty-four] sixty dollars. Such a permit and the exercise of 20 the privileges granted thereunder shall be subject to such rules by the 21 liquor authority as it deems necessary. The provisions hereof shall not 22 apply to the sale of beer for consumption in the home. 23 [4.] 3. The liquor authority is hereby authorized to issue a temporary 24 permit effective for a period not to exceed twenty-four consecutive 25 hours to any holder of a license to manufacture wine in this or any 26 other state, to sell wine at outdoor or indoor gatherings, functions, 27 occasions, or events, provided that such manufacturer produces not more 28 than one hundred fifty thousand gallons of wine annually. The fee for 29 such permit shall be [twenty-six] twenty-five dollars. 30 [5.] 4. The authority is authorized to allow a brewer, once per annum, 31 and after the property owner obtains a permit under this section, to 32 sell or offer at no cost beer, beginning at eight antemeridian and 33 ending at the hours fixed by or pursuant to subdivision five of section 34 one hundred six of this chapter, at the following two locations in the 35 city of Utica, county of Oneida, and bounded and described as follows: 36 PARCEL I 37 Beginning at the northwest corner of the beer storage building at the 38 corner of Edward Street and Wasmer Street and proceeding northerly for a 39 distance of 76 feet 1 inch; thence 128 feet 5 inches easterly along 40 Wasmer Street; thence continuing along said Wasmer Street northeasterly 41 for a distance of 202 feet 10 inches to the corner of Wasmer Street and 42 Hamilton Street. 43 Thence northerly along Hamilton Street for a distance of 46 feet 8 inch- 44 es to the intersection of Columbia Street. Thence northwesterly along 45 Columbia Street for a distance of 233 feet 6 inches. Thence southwester- 46 ly for a distance of 77 feet 7 inches to a fence. Thence northwesterly 47 for a distance of 62 feet and thence southwesterly a distance of 10 feet 48 6 inches to the southeastern corner of the brewery garage. 49 Thence, following the garage's perimeter: first in a southwesterly 50 direction for a distance of 133 feet 2 inches to the southwest corner of 51 the garage; thence in a northwesterly direction for a distance of 22 52 feet 5 inches; and thence in a northeasterly direction for a distance of 53 11 feet 2 inches, then in a northwesterly direction for a distance of 54 100 feet, to a fence just before the sidewalk on Schuyler Street; thence 55 southwesterly for a distance of 234 feet 5 inches to the Brewery main 56 complex. 
 S. 4575 8 1 Thence following the perimeter of the brewery complex buildings south- 2 east for a distance of 82 feet 8 inches, northeasterly for a distance of 3 81 feet 11 inches; thence southeasterly for a distance of 85 feet 3 4 inches; thence northeasterly for a distance of 21 feet 6 inches; and 5 thence southeasterly for a distance of 96 feet 8 inches to the north- 6 western corner of the shipping office. 7 From the northwestern corner of the shipping office, southeasterly for a 8 distance of 33 feet 9 inches; thence southwesterly for a distance of 37 9 feet 8 inches; thence southeasterly for a distance of 65 feet 8 inches; 10 thence southerly for a distance of 27 feet 4 inches; thence easterly for 11 a distance of 33 feet, to the point or place of beginning. 12 PARCEL II 13 Beginning at the iron fence which is 26 feet northwest of the southwest 14 corner of the tour center on Court Street; thence 66 feet, 7 inches 15 northeast, 11 feet 7 inches northwest to the west corner of the tour 16 center parking lot stairs. Proceeding northeasterly 71 feet 10 inches, 17 thence northwesterly 19 feet 10 inches to the southeastern corner of the 18 boiler room building. Thence northwesterly 161 feet; south by southwest 19 80 feet; southwest 58 feet 5 inches and finally southeast 155 feet to 20 the point or place of beginning. 21 § 4. Paragraph (b) of subdivision 2 and subdivision 4 of section 97-a 22 of the alcoholic beverage control law, paragraph (b) of subdivision 2 as 23 added by chapter 396 of the laws of 2010 and subdivision 4 as amended by 24 chapter 431 of the law of 2024, are amended to read as follows: 25 (b) the applicant shall have filed with the authority an application 26 for a temporary retail permit, accompanied by a nonrefundable filing fee 27 of one hundred [twenty-eight] twenty-five dollars for all retail beer 28 licenses or six hundred forty dollars for all other retail licenses; 29 4. A temporary retail permit issued by the authority pursuant to this 30 section shall be for a period not to exceed one hundred eighty days. A 31 temporary permit may be extended at the discretion of the authority, for 32 an additional thirty day period upon payment of an additional fee of 33 [sixty-four] sixty dollars for all retail beer licenses and [ninety-six] 34 ninety-five dollars for all other temporary permits and upon compliance 35 with all conditions required in this section. The authority may, in its 36 discretion, issue additional thirty day extensions upon payment of the 37 appropriate fee. 38 § 5. Subdivisions 2 and 3 of section 99-d of the alcoholic beverage 39 control law, subdivision 2 as amended by chapter 560 of the laws of 2011 40 and subdivision 3 as amended by section 24 of part Z of chapter 85 of 41 the laws of 2002, are amended to read as follows: 42 2. Before any change in the members of a limited liability company or 43 the transfer or assignment of a membership interest in a limited liabil- 44 ity company or any corporate change in stockholders, stockholdings, 45 alcoholic beverage officers, officers or directors, except officers and 46 directors of a premises licensed as a club or a luncheon club under this 47 chapter can be effectuated for the purposes of this chapter, there shall 48 be filed with the liquor authority an application for permission to make 49 such change and there shall be paid to the liquor authority in advance 50 upon filing of the application a fee of one hundred [twenty-eight] twen- 51 ty-five dollars. 52 (a) The provisions of this section shall not be applicable where there 53 are ten or more stockholders and such change involves less than ten per 54 centum of the stock of the corporation and the stock holdings of any 55 stockholder are not increased thereby to ten per centum or more of the 56 stock. 
 S. 4575 9 1 (b) Where the same corporation operates two or more premises separate- 2 ly licensed under this chapter a separate corporate change shall be 3 filed for each such licensed premises, except as otherwise provided for 4 by rule of the liquor authority. The corporate change fee provided for 5 herein shall not be applicable to more than one license held by the same 6 corporation. 7 (c) Notwithstanding any corporate change approved by the authority, a 8 licensed corporation or limited liability company shall be bound by the 9 representations set forth in the original application and any amendments 10 thereto approved by the authority. 11 3. Before any removal of a license to any premises other than the 12 licensed premises or to any other part of the building containing the 13 licensed premises, the licensee shall make an application to the liquor 14 authority for permission to effect such removal and shall pay to the 15 liquor authority in advance upon filing of the application a fee of one 16 hundred [ninety-two] ninety dollars where the base license fee is five 17 hundred dollars or more and [thirty-two] thirty dollars in all other 18 instances. 19 § 6. Paragraphs (a) and (b) of subdivision 4 of section 100 of the 20 alcoholic beverage control law, as amended by chapter 423 of the laws of 21 2016, are amended to read as follows: 22 (a) if the licensed premises is a legitimate theatre or concert hall, 23 or contiguous to and used in conjunction with a legitimate theatre or 24 concert hall, additional bars, counters or contrivances may be permitted 25 by the liquor authority upon payment to it of an annual fee of one 26 hundred dollars for each such additional bar, counter or contrivance so 27 permitted[,] in addition to the annual license fee paid by such licen- 28 see; 29 (b) if such licensed premises be located at a baseball park, race 30 track, or either outdoor or indoor athletic field, facility, arena or 31 stadium, additional bars, counters or contrivances where beer shall be 32 sold at retail for consumption on the premises may be permitted by the 33 liquor authority, upon payment to it of the annual fee of thirty dollars 34 for each such additional bar, counter or contrivance so permitted[,] in 35 addition to the amount of the annual license fee paid by the licensee; 36 and 37 § 7. Section 56 of the alcoholic beverage control law, as amended by 38 section 1 of part Z of chapter 85 of the laws of 2002, subdivision 1 as 39 amended by chapter 108 of the laws of 2012, paragraph (a) of subdivision 40 1 as amended by chapter 431 of the laws of 2014, and subdivision 11 as 41 added by chapter 422 of the laws of 2016, is amended to read as follows: 42 § 56. License fees. 1. The annual fee for a license to manufacture 43 beer shall be: 44 (a) four thousand dollars for a brewer's license, unless the annual 45 production of the brewer is less than seventy-five thousand barrels per 46 year, in which case the annual fee shall be three hundred twenty 47 dollars; 48 (b) three hundred twenty dollars for a farm brewery license. 49 2. The annual fee for a wholesaler's beer license shall be eight 50 hundred dollars. 51 3. The annual fee for a vendor's license shall be one hundred [forty- 52 four] forty dollars. 53 4. The annual fee for a license to sell beer at retail not to be 54 consumed on the premises where sold shall be one hundred ten dollars. 55 Where, however, the applicant is the holder of two such licenses, the 
 S. 4575 10 1 annual fee for each additional license thereafter issued to such licen- 2 see shall be double the amount hereinabove set forth. 3 5. The annual fee for a license to sell beer at retail to be consumed 4 on the premises where sold shall be three hundred twenty dollars in 5 cities having a population of one hundred thousand or over, and one 6 hundred sixty dollars elsewhere; provided, however, that where the prem- 7 ises to be licensed remain open only within the period commencing April 8 first and ending October thirty-first of any one year or only within the 9 period commencing October first and ending the following April thirti- 10 eth, the liquor authority, in its discretion, may grant a summer or 11 winter license effective only for such appropriate period of time, for 12 which an annual fee of one hundred sixty dollars shall be paid where the 13 premises are located in cities having a population of one hundred thou- 14 sand or over, and eighty dollars where such premises are located else- 15 where. 16 6. The annual fee for selling beer upon any railroad car to be 17 consumed on such car or any car connected therewith shall be [ninety- 18 six] ninety dollars for each railroad car licensed. 19 7. The annual fee for selling beer upon any vessel in this state, 20 other than one regularly and exclusively engaged in the business of 21 carrying passengers for hire, by charter or otherwise, for fishing 22 purposes, to be consumed on such vessel, shall be one hundred sixty 23 dollars for each vessel licensed. The annual fee for selling beer upon a 24 vessel regularly and exclusively engaged in the business of carrying 25 passengers for hire, by charter or otherwise, for fishing purposes, to 26 be consumed on such vessel, shall be forty dollars for each vessel 27 licensed. The annual fee for selling beer for off-premise consumption 28 upon a vessel regularly and exclusively engaged, as a duly licensed 29 supply ship, in furnishing supplies to other vessels, shall be eighty 30 dollars. 31 8. The annual fee for selling beer at any baseball park, race track or 32 outdoor athletic field or stadium, to be consumed in any such baseball 33 park, race track, or outdoor athletic field or stadium, shall be one 34 hundred [ninety-two] ninety dollars. 35 9. The annual fee for a license to sell beer and wine products at 36 retail not to be consumed on the premises where sold shall be one 37 hundred [ninety-eight] ninety-five dollars. 38 10. The annual fee for a license to sell beer and wine products at 39 retail not to be consumed on the premises where sold, when the applicant 40 is the holder of two such licenses, the annual fee for each additional 41 license thereafter issued to such licensee shall be three hundred 42 [fifty-two] fifty dollars. 43 11. The annual fee for a license to operate a custom beermakers' 44 center shall be three hundred twenty dollars. 45 § 8. Subdivision 6 of section 64 of the alcoholic beverage control 46 law, as amended by chapter 204 of the laws of 1963, is amended to read 47 as follows: 48 6. Where an on-premise license shall be granted to the owner of a 49 hotel situated in a town or village the liquor authority may in its 50 discretion grant to such owner the right to sell liquor and wine for 51 off-premise consumption under the same terms and conditions as apply to 52 off-premise licenses upon the payment of an additional fee of [sixty- 53 two] sixty dollars [and fifty cents]; provided, however, that this 54 permission shall not be granted if an off-premise license has been 55 granted for premises located within eight miles of such hotel. 
 S. 4575 11 1 § 9. Section 66 of the alcoholic beverage control law, as amended by 2 section 3 of part Z of chapter 85 of the laws of 2002, subdivision 1-a 3 as added by chapter 580 of the laws of 2002, subdivision 2-c as added by 4 chapter 564 of the laws of 2007, subdivision 3-a as added by chapter 297 5 of the laws of 2016, subdivision 4 as amended by chapter 703 of the laws 6 of 2022, and subdivision 10 as added by chapter 331 of the laws of 2004, 7 is amended to read as follows: 8 § 66. License fees. 1. The annual fee for a distiller's license, class 9 A, shall be twelve thousand dollars. 10 1-a. The annual fee for a distiller's license, class A-1, shall be two 11 hundred fifty dollars. 12 2. The annual fee for a distiller's license, class B, shall be eight 13 thousand dollars. 14 2-a. The annual fee for a distiller's license, class C, shall be one 15 hundred [twenty-eight] twenty-five dollars. 16 2-b. The annual fee for a distiller's license, class B-1, shall be 17 three hundred twenty dollars. 18 2-c. The annual fee for a distiller's license, class D, shall be one 19 hundred [twenty-eight] twenty-five dollars. 20 3. The annual fee for a license to sell liquor at wholesale [shall be 21 sixty-four hundred dollars]: 22 (a) if such wholesaler has gross sales of at least seven hundred fifty 23 million dollars within the previous year in New York state as reported 24 to the department of taxation and finance on the annual beer, wine, and 25 liquor wholesalers transaction information, shall be one million 26 dollars; and 27 (b) if such wholesaler has gross sales of under seven hundred fifty 28 million dollars within the previous year in New York state as reported 29 to the department of taxation and finance on the annual beer, wine, and 30 liquor wholesalers transaction information, shall be eight hundred 31 dollars. 32 3-a. The annual fee for an importer's license shall be one hundred 33 twenty-five dollars. 34 4. The annual fee for a license, under section sixty-four or sixty- 35 four-a of this article, to sell liquor at retail to be consumed on the 36 premises where sold shall be twenty-one hundred [seventy-six] seventy 37 dollars in the counties of New York, Kings, Bronx and Queens; fifteen 38 hundred [thirty-six] thirty-five dollars in the county of Richmond and 39 in cities having a population of more than one hundred thousand and less 40 than one million; twelve hundred [sixteen] ten dollars in cities having 41 a population of more than fifty thousand and less than one hundred thou- 42 sand; and the sum of eight hundred [ninety-six] ninety-five dollars 43 elsewhere; except that the license fees for catering establishments and 44 off-premises catering establishments shall be two-thirds the license fee 45 specified herein and for clubs, except luncheon clubs and golf clubs, 46 shall be seven hundred fifty dollars in the counties of New York, Kings, 47 Bronx and Queens; five hundred dollars in the county of Richmond and in 48 cities having a population of more than one hundred thousand and less 49 than one million; three hundred fifty dollars in cities having a popu- 50 lation of more than fifty thousand and less than one hundred thousand; 51 and the sum of two hundred fifty dollars elsewhere. The annual fees for 52 luncheon clubs shall be three hundred seventy-five dollars, and for golf 53 clubs in the counties of New York, Kings, Bronx, Queens, Nassau, Rich- 54 mond and Westchester, two hundred fifty dollars, and elsewhere one 55 hundred [eighty-seven] eighty-five dollars [and fifty cents]. Notwith- 56 standing any other provision of law to the contrary, there shall be no 
 S. 4575 12 1 annual fee for a license, under section sixty-four, to sell liquor at 2 retail to be consumed on the premises where the applicant is an organ- 3 ization organized under section two hundred sixty of the military law 4 and incorporated pursuant to the not-for-profit corporation law. 5 Provided, however, that where any premises for which a license is issued 6 pursuant to section sixty-four or sixty-four-a of this article remain 7 open only within the period commencing April first and ending October 8 thirty-first of any one year, or only within the period commencing Octo- 9 ber first and ending the following April thirtieth, the liquor authority 10 may, in its discretion, grant a summer or winter license effective only 11 for such appropriate period of time, for which a license fee shall be 12 paid to be pro-rated for the period for which such license is effective, 13 at the rate provided for in the city, town or village in which such 14 premises are located, except that no such license fee shall be less than 15 one-half of the regular annual license fee; provided further that where 16 the premises to be licensed are a race track or a golf course or are 17 licensed pursuant to section sixty-four or sixty-four-a of this article, 18 the period of such summer license may commence March first and end 19 November thirtieth. 20 Where a hotel, restaurant, club, golf course or race track is open 21 prior to April first and/or subsequent to October thirty-first by reason 22 of the issuance of a caterer's permit or permits issued by the authori- 23 ty, such fact alone shall not affect the eligibility of the premises or 24 the person owning or operating such hotel, restaurant, club, golf course 25 or race track for a summer license. 26 5. The annual fee for a license to sell liquor at retail not to be 27 consumed on the premises where sold shall be thirteen hundred [sixty- 28 six] sixty dollars in the counties of New York, Kings, Bronx and Queens; 29 eight hundred [fifty-four] fifty dollars in the county of Richmond and 30 in cities having a population of more than one hundred thousand and less 31 than one million; and elsewhere the sum of five hundred [twelve] ten 32 dollars. 33 6. The annual fee for a license to sell liquor upon any railroad car 34 to be consumed on such car or any car connected therewith shall be one 35 hundred [ninety-two] ninety dollars for each railroad car licensed. 36 7. The annual fee for a license to sell liquor upon any vessel in this 37 state to be consumed upon such vessel shall be sixteen hundred dollars 38 for each vessel licensed, provided, however, that where a vessel is 39 operated only within the period commencing April first and ending Octo- 40 ber thirty-first of any one year, the liquor authority may, in its 41 discretion, grant for such vessel a summer license effective only for 42 such period of time, for which a license fee of four hundred [forty- 43 eight] forty dollars shall be paid. 44 8. The annual fee for a license to sell liquor upon an aircraft being 45 operated on regularly scheduled flights by a United States certificated 46 airline in this state shall be nineteen thousand two hundred [twenty] 47 dollars per annum for an airline company operating up to and including 48 twenty such aircraft and twenty-five thousand six hundred [sixty] 49 dollars for such an airline operating more than twenty such aircraft. 50 9. The annual fee for a license for a bottle club shall be the same as 51 the annual fee for a special license to sell liquor at retail to be 52 consumed on the premises, as set forth in subdivision four of this 53 section. 54 10. Notwithstanding any provision to the contrary, the annual fee for 55 a license for an establishment defined as an owner-occupied residence 56 providing at least three but no more than five rooms for temporary tran- 
 S. 4575 13 1 sient lodgers with sleeping accommodations and a meal in the forenoon of 2 the day, known as a "bed and breakfast dwelling" as authorized by subdi- 3 vision five-a of section sixty-four of this article, shall be two 4 hundred dollars plus fifteen dollars per each available bedroom. 5 § 10. Subdivision 1 of section 79-a of the alcoholic beverage control 6 law, as amended by section 5 of part Z of chapter 85 of the laws of 7 2002, is amended to read as follows: 8 1. Any person licensed to sell beer at retail for consumption off the 9 premises, pursuant to section fifty-four of this chapter, shall, by 10 virtue of such license and upon payment to the liquor authority of an 11 additional fee in the sum of one hundred sixty-five dollars in cities 12 having a population of one hundred thousand or over and [eighty-three] 13 eighty dollars elsewhere, be granted authorization to sell from the 14 licensed premises wine products in sealed containers for consumption off 15 such premises. Upon receipt of such additional fee, the liquor authority 16 shall promptly issue a permit authorizing such sales by the licensee. 17 § 11. Subdivisions 1 and 1-a of section 79-b of the alcoholic beverage 18 control law, as amended by section 6 of part Z of chapter 85 of the laws 19 of 2002, are amended to read as follows: 20 1. Any person licensed to sell beer at retail for consumption on the 21 premises, pursuant to section fifty-five of this chapter, shall, by 22 virtue of such license and upon payment to the liquor authority of an 23 additional fee in the sum of one hundred [ninety-two] ninety dollars in 24 cities having a population of one hundred thousand or over and [ninety- 25 six] ninety dollars elsewhere, be granted authorization to sell from the 26 licensed premises wine products in sealed containers at retail for 27 consumption on or off such premises. Upon receipt of such additional 28 fee, the liquor authority shall promptly issue a permit authorizing such 29 sales by the licensee. 30 1-a. Any person licensed to sell beer at retail for consumption on the 31 premises, pursuant to section fifty-five-a of this chapter, shall, by 32 virtue of such license and upon payment to the liquor authority of an 33 additional fee in the sum of one hundred [ninety-two] ninety dollars in 34 cities having a population of one hundred thousand or over and [ninety- 35 six] ninety dollars elsewhere, be granted authorization to sell from the 36 licensed premises wine products in sealed containers at retail for 37 consumption on such premises. Upon receipt of such additional fee, the 38 liquor authority shall promptly issue a permit authorizing such sales by 39 the licensee. 40 § 12. Section 83 of the alcoholic beverage control law, as amended by 41 section 7 of part Z of chapter 85 of the laws of 2002, subdivision 1-a 42 as amended by chapter 221 of the laws of 2011, subdivision 1-d as 43 amended by chapter 613 of the laws of 2008, subdivision 8 as added by 44 chapter 355 of the laws of 2013, and subdivision 9 as added by chapter 45 422 of the laws of 2016, is amended to read as follows: 46 § 83. License fees. 1. The annual fee for a winery license shall be 47 six hundred twenty-five dollars. 48 1-a. The annual fee for a farm winery license shall be one hundred 49 twenty-five dollars, provided that the annual fee for a farm winery 50 manufacturing no more than fifteen hundred finished gallons of wine 51 annually shall be fifty dollars. 52 1-d. The fee for each license issued for a winery or farm winery 53 licensee's authority to conduct wine tastings and the sale of New York 54 state labelled wines for off-premises consumption pursuant to paragraph 55 (c) of subdivision two of section seventy-six of this article shall be 56 forty dollars. 
 S. 4575 14 1 2. The annual fee for a license to sell wine at wholesale [shall be 2 eight hundred dollars]: 3 (a) if such wholesaler has gross sales of at least seven hundred fifty 4 million dollars within the previous year in New York state as reported 5 to the department of taxation and finance on the annual beer, wine, and 6 liquor wholesalers transaction information, shall be one million 7 dollars; and 8 (b) if such wholesaler has gross sales of under seven hundred fifty 9 million dollars within the previous year in New York state as reported 10 to the department of taxation and finance on the annual beer, wine, and 11 liquor wholesalers transaction information, shall be eight hundred 12 dollars. 13 3. The annual fee for a license to sell wine at retail, not to be 14 consumed on the premises, shall be six hundred forty dollars for each 15 such place where such business is carried on in cities having a popu- 16 lation of one million or more; in cities having less than one million 17 population and more than one hundred thousand, three hundred twenty 18 dollars; and elsewhere, the sum of one hundred forty-five dollars. 19 4. The annual fee for selling wine at retail, to be consumed on the 20 premises where sold, shall be as follows: 21 (a) In cities having a population of one hundred thousand or over the 22 sum of four hundred eighty dollars per year; and 23 (b) Elsewhere, the sum of two hundred forty dollars per year. 24 4-a. The annual fee for a license to sell wine at retail to be 25 consumed on the premises where sold where the premises to be licensed 26 remain open only within the period commencing April first and ending 27 October thirty-first of any one year or only within the period commenc- 28 ing October first and ending the following April thirtieth, the liquor 29 authority, in its discretion, may grant a summer or winter license 30 effective only for such appropriate period of time, for which an annual 31 fee of one hundred [twelve] ten dollars shall be paid. 32 5. The annual fee for a special license to sell wine at retail, to be 33 consumed on the premises where sold, shall be as follows: 34 (a) In cities having a population of one hundred thousand or over, the 35 sum of five hundred [seventy-six] seventy-five dollars per year; and 36 (b) Elsewhere, the sum of two hundred seventy dollars per year. 37 6. The annual fee for a special winery license shall be six hundred 38 twenty-five dollars. 39 7. The annual fee for a special farm winery license shall be one 40 hundred twenty-five dollars. 41 8. The annual fee for a roadside farm market license shall be one 42 hundred dollars. 43 9. The annual fee for a license to operate a custom winemakers' center 44 shall be three hundred twenty dollars. 45 § 13. Section 122 of the alcoholic beverage control law, as amended by 46 chapter 408 of the laws of 1997, is amended to read as follows: 47 § 122. Continuance of business by receiver or other representative. 48 If a corporation or copartnership holding any license or holding a 49 permit for which an annual fee of one hundred dollars or more is 50 prescribed by this chapter shall be dissolved, or if a receiver or 51 assignee for the benefit of creditors be appointed therefor, or if a 52 receiver, assignee for the benefit of creditors or a committee or 53 conservator of the property of an individual holding any license or 54 holding a permit for which an annual fee of one hundred dollars or more 55 is prescribed by this chapter be appointed, during the time for which 56 such license or permit was granted, or if a person, including a member 
 S. 4575 15 1 of a copartnership, holding any license or holding a permit for which an 2 annual fee of one hundred dollars or more is prescribed by this chapter 3 shall die during the term for which such license or permit was given, 4 such corporation, copartnership, receiver or assignee, or the adminis- 5 trator or executor of the estate of such individual, or of such deceased 6 member of a copartnership, or a committee of the property of a person 7 adjudged to be incompetent, or a conservator of the property of an indi- 8 vidual, or a petition under title eleven of the United States code shall 9 have been filed and a trustee has been appointed or the holder of the 10 license [of] or permit has been permitted to remain in possession with- 11 out the appointment of a trustee, may continue to carry on such business 12 upon such premises for the balance of the term for which such license or 13 permit was effective, with the same rights and subject to the same 14 restrictions and liabilities as if [he] they had been the original 15 applicant for and the original holder, or one of either of them, of such 16 license or permit, providing the approval of the liquor authority shall 17 be first obtained. Before continuing such business, such receiver, 18 assignee, individual, committee, or conservator, debtor in possession, 19 or trustee in bankruptcy shall file a statement setting forth in such 20 form and substance as the liquor authority may prescribe the facts and 21 circumstances by which [he has] they have succeeded to the rights of the 22 original licensee or permittee. The liquor authority may, in its 23 discretion, permit the continuance of such business or may refuse to do 24 so. In the event that the authority determines to permit the continuance 25 of the business, the license or permit shall be submitted to the author- 26 ity and shall have affixed thereto a certificate in the form prescribed 27 by the authority. For each such certificate, a fee shall be paid to the 28 liquor authority of fifty dollars by the applicant, except in the case 29 of an off-premise beer license, such fee shall be ten dollars which 30 shall be paid into the same fund as other license fees herein provided 31 for. 32 § 14. This act shall take effect on the first of January next succeed- 33 ing the date on which it shall have become a law. Effective immediately, 34 the addition, amendment and/or repeal of any rule or regulation neces- 35 sary for the implementation of this act on its effective date are 36 authorized to be made and completed on or before such effective date. 37 PART I 38 Section 1. The opening paragraph of subdivision 2 of section 99-d of 39 the alcoholic beverage control law, as amended by chapter 560 of the 40 laws of 2011, is amended to read as follows: 41 Before any change in the members of a limited liability company or the 42 transfer or assignment of a membership interest in a limited liability 43 company or any corporate change in stockholders, stockholdings, alcohol- 44 ic beverage officers, officers or directors, except officers and direc- 45 tors of a premises licensed as a club or a luncheon club under this 46 chapter can be effectuated for the purposes of this chapter, there shall 47 be filed with the liquor authority an application for permission to make 48 such change and there shall be paid to the liquor authority in advance 49 upon filing of the application a fee of one hundred twenty-eight 50 dollars. Such application shall be deemed approved and in effect if not 51 disapproved by the authority prior to the expiration of ninety days 52 after receipt by the authority. 53 § 2. This act shall take effect immediately. 
 S. 4575 16 1 PART J 2 Section 1. Subdivision 4 of section 97-a of the alcoholic beverage 3 control law, as amended by chapter 431 of the laws of 2024, is amended 4 to read as follows: 5 4. A temporary retail permit issued by the authority pursuant to this 6 section shall be for a period not to exceed one hundred eighty days. A 7 temporary permit may be extended at the discretion of the authority, for 8 an additional [thirty] ninety day period upon payment of an additional 9 fee of sixty-four dollars for all retail beer licenses and ninety-six 10 dollars for all other temporary permits and upon compliance with all 11 conditions required in this section. The authority may, in its 12 discretion, issue additional [thirty] ninety day extensions upon payment 13 of the appropriate fee. 14 § 2. Subdivision 6 of section 97-a of the alcoholic beverage control 15 law, as added by chapter 396 of the laws of 2010, is amended to read as 16 follows: 17 6. The holder of a temporary retail permit shall [purchase alcoholic 18 beverages only by payment in currency or check for such alcoholic bever- 19 ages on or before the day such alcoholic beverages are delivered, 20 provided, however, that the holder of a temporary permit issued pursuant 21 to this section who also holds one or more retail licenses and is oper- 22 ating under such retail license or licenses in addition to the temporary 23 retail permit, and who is not delinquent under the provisions of section 24 one hundred one-aa of this chapter as to any retail license under which 25 he operates, may purchase alcoholic beverages on credit under the tempo- 26 rary permit] be subject to sections one hundred one-aa and one hundred 27 one-aaa of this chapter. 28 § 3. Section 5 of chapter 396 of the laws of 2010 amending the alco- 29 holic beverage control law relating to liquidator's permits and tempo- 30 rary retail permits, as amended by section 1 of part K of chapter 55 of 31 the laws of 2024, is amended to read as follows: 32 § 5. This act shall take effect on the sixtieth day after it shall 33 have become a law[, provided that paragraph (b) of subdivision 1 of 34 section 97-a of the alcoholic beverage control law as added by section 35 two of this act shall expire and be deemed repealed October 12, 2025]. 36 § 4. This act shall take effect immediately; provided, however, that 37 section two of this act shall take effect on the ninetieth day after it 38 shall have become a law. 39 PART K 40 Section 1. The alcoholic beverage control law is amended by adding a 41 new section 97-e to read as follows: 42 § 97-e. Temporary wholesale permit. 1. Any person may apply to the 43 liquor authority for a temporary permit to operate any alcoholic bever- 44 age wholesale facility as may be licensed under this chapter. Such 45 application shall be in writing and verified and shall contain informa- 46 tion as the liquor authority shall require. Such application shall be 47 accompanied by a check or draft in the amount of one hundred twenty-five 48 dollars for such permit. 49 2. Upon application, the liquor authority may issue such temporary 50 permit when: 51 (a) the applicant has a wholesale license application at the same 52 premises pending before the liquor authority, together with all required 53 filing and license fees; 
 S. 4575 17 1 (b) the applicant has obtained and provided evidence of all permits, 2 licenses and other documents necessary for the operation of such a busi- 3 ness; and 4 (c) any current license in effect at the premises has been surrendered 5 or placed in safekeeping, or has been deemed abandoned by the authority. 6 3. The liquor authority in granting such permit shall ensure that: 7 (a) issuance of the permit will not inordinately hinder the operation 8 or effective administration of this chapter; 9 (b) the applicant would in all likelihood be able to ultimately obtain 10 the wholesale license being applied for; and 11 (c) the applicant has substantially complied with the requirements 12 necessary to obtain such license. 13 4. The application for a permit shall be approved or denied by the 14 liquor authority within forty-five days after the receipt of such appli- 15 cation. 16 5. A temporary permit shall authorize the permittee to operate a 17 wholesale facility for the purchase, warehousing, and sale of alcoholic 18 beverages according to the laws applicable to the type of wholesale 19 license being applied for. 20 6. Such temporary permit shall remain in effect for six months or 21 until the wholesale license being applied for is approved and the 22 license granted, whichever is shorter. Such permit may be extended at 23 the discretion of the liquor authority for additional three-month peri- 24 ods of time upon payment of an additional fee of fifty dollars for each 25 such extension. 26 7. Notwithstanding any provision of law to the contrary, a temporary 27 wholesale permit may be summarily cancelled or suspended at any time if 28 the liquor authority determines that good cause for cancellation or 29 suspension exists. The liquor authority shall promptly notify the 30 permittee in writing of such cancellation or suspension and shall set 31 forth the reasons for such action. 32 8. The liquor authority in reviewing such application shall review the 33 entire record and grant the temporary permit unless good cause is other- 34 wise shown. A decision on an application shall be based on substantial 35 evidence in the record and supported by a preponderance of the evidence 36 in favor of the applicant. 37 § 2. Section 104 of the alcoholic beverage control law is amended by 38 adding a new subdivision 4 to read as follows: 39 4. Notwithstanding any other provision of this chapter to the contra- 40 ry, the authority may issue a cider producer or wholesaler's license, 41 beer wholesaler's license, wine wholesaler's license, or liquor whole- 42 saler's license to the holder of any wholesaler's license issued pursu- 43 ant to this chapter for use at such licensee's existing licensed prem- 44 ises. The liquor authority is hereby authorized to adopt such rules as 45 it may deem necessary to carry out the purposes of this subdivision. 46 § 3. This act shall take effect immediately and shall apply to all 47 applications filed after such effective date. 48 PART L 49 Section 1. Paragraph (a) of subdivision 7 of section 64 of the alco- 50 holic beverage control law, as amended by chapter 463 of the laws of 51 2009, is amended to read as follows: 52 (a) on the same street or avenue and within two hundred feet of a 53 building occupied exclusively as a school, church, synagogue or other 54 place of worship; provided, however, that the authority may issue a 
 S. 4575 18 1 retail license for on-premises consumption for a premises which shall be 2 within two hundred feet of a building occupied exclusively as a school, 3 church, synagogue, or other place of worship if the owner or administra- 4 tor of such school, church, or other place of worship affirmatively 5 state support for the issuance of such a license, or 6 § 2. Subparagraph (i) of paragraph (a) of subdivision 7 of section 7 64-a of the alcoholic beverage control law, as amended by chapter 463 of 8 the laws of 2009, is amended to read as follows: 9 (i) on the same street or avenue and within two hundred feet of a 10 building occupied exclusively as a school, church, synagogue or other 11 place of worship; provided, however, that the authority may issue a 12 retail license for on-premises consumption for a premises which shall be 13 within two hundred feet of a building occupied exclusively as a school, 14 church, synagogue, or other place of worship if the owner or administra- 15 tor of such school, church, or other place of worship affirmatively 16 state support for the issuance of such a license; or 17 § 3. Subparagraph (i) of paragraph (a) of subdivision 5 of section 18 64-b of the alcoholic beverage control law, as amended by chapter 463 of 19 the laws of 2009, is amended to read as follows: 20 (i) on the same street or avenue and within two hundred feet of a 21 building occupied exclusively as a school, church, synagogue or other 22 place of worship; provided, however, that the authority may issue a 23 retail license for on-premises consumption for a premises which shall be 24 within two hundred feet of a building occupied exclusively as a school, 25 church, synagogue, or other place of worship if the owner or adminis- 26 trator of such school, church, or other place of worship affirmative- 27 ly state support for the issuance of such a license; or 28 § 4. Subparagraph (i) of paragraph (a) of subdivision 11 of section 29 64-c of the alcoholic beverage control law, as amended by chapter 463 of 30 the laws of 2009, is amended to read as follows: 31 (i) on the same street or avenue and within two hundred feet of a 32 building occupied exclusively as a school, church, synagogue or other 33 place of worship; provided, however, that the authority may issue a 34 retail license for on-premises consumption for a premises which shall be 35 within two hundred feet of a building occupied exclusively as a school, 36 church, synagogue, or other place of worship if the owner or adminis- 37 trator of such school, church, or other place of worship affirmative- 38 ly state support for the issuance of such a license; or 39 § 5. Paragraph (a) of subdivision 8 of section 64-d of the alcoholic 40 beverage control law, as amended by chapter 463 of the laws of 2009, is 41 amended to read as follows: 42 (a) on the same street or avenue and within two hundred feet of a 43 building occupied exclusively as a school, church, synagogue or other 44 place of worship; provided, however, that the authority may issue a 45 retail license for on-premises consumption for a premises which shall be 46 within two hundred feet of a building occupied exclusively as a school, 47 church, synagogue, or other place of worship if the owner or adminis- 48 trator of such school, church, or other place of worship affirmative- 49 ly state support for the issuance of such a license; or 50 § 6. This act shall take effect immediately. 51 PART M 52 Section 1. Paragraphs (b) and (f) of subdivision 7 of section 64 of 53 the alcoholic beverage control law, paragraph (b) as amended by chapter 
 S. 4575 19 1 463 of the laws of 2009 and paragraph (f) as amended by chapter 185 of 2 the laws of 2012, are amended to read as follows: 3 (b) in a [city, town or village having a population of twenty thousand 4 or more] county having a population between one million six hundred 5 thousand and one million seven hundred thousand as of the two thousand 6 twenty census as conducted by the United States department of commerce 7 within five hundred feet of three or more existing premises licensed and 8 operating pursuant to this section and sections sixty-four-a, sixty- 9 four-b, sixty-four-c, and/or sixty-four-d of this article; 10 (f) Notwithstanding the provisions of paragraph (b) of this subdivi- 11 sion, in a county having a population between one million six hundred 12 thousand and one million seven hundred thousand as of the two thousand 13 twenty census as conducted by the United States department of commerce, 14 the authority may issue a license pursuant to this section for a prem- 15 ises which shall be within five hundred feet of three or more existing 16 premises licensed and operating pursuant to this section and sections 17 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this 18 article if, after consultation with the municipality or community board, 19 it determines that granting such license would be in the public inter- 20 est. Before it may issue any such license, the authority shall conduct a 21 hearing, upon notice to the applicant and the municipality or community 22 board, and shall state and file in its office its reasons therefor. The 23 hearing may be rescheduled, adjourned or continued, and the authority 24 shall give notice to the applicant and the municipality or community 25 board of any such rescheduled, adjourned or continued hearing. Before 26 the authority issues any said license, the authority or one or more of 27 the commissioners thereof may, in addition to the hearing required by 28 this paragraph, also conduct a public meeting regarding said license, 29 upon notice to the applicant and the municipality or community board. 30 The public meeting may be rescheduled, adjourned or continued, and the 31 authority shall give notice to the applicant and the municipality or 32 community board of any such rescheduled, adjourned or continued public 33 meeting. Notice to the municipality or community board shall mean writ- 34 ten notice mailed by the authority to such municipality or community 35 board at least fifteen days in advance of any hearing scheduled pursuant 36 to this paragraph. Upon the request of the authority, any municipality 37 or community board may waive the fifteen day notice requirement. No 38 premises having been granted a license pursuant to this section shall be 39 denied a renewal of such license upon the grounds that such premises are 40 within five hundred feet of a building or buildings wherein three or 41 more premises are licensed and operating pursuant to this section and 42 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d 43 of this article. 44 § 2. Paragraphs (a) and (d) of subdivision 7 of section 64-a of the 45 alcoholic beverage control law, paragraph (a) as amended by chapter 463 46 of the laws of 2009 and paragraph (d) as amended by chapter 185 of the 47 laws of 2012, are amended to read as follows: 48 (a) No special on-premises license shall be granted for any premises 49 which shall be 50 (i) on the same street or avenue and within two hundred feet of a 51 building occupied exclusively as a school, church, synagogue or other 52 place of worship or 53 (ii) in a [city, town or village having a population of twenty thou- 54 sand or more] county having a population between one million six hundred 55 thousand and one million seven hundred thousand as of the two thousand 56 twenty census as conducted by the United States department of commerce 
 S. 4575 20 1 within five hundred feet of three or more existing premises licensed and 2 operating pursuant to this section and sections sixty-four, 3 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; 4 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph 5 are to be taken in straight lines from the center of the nearest 6 entrance of the premises sought to be licensed to the center of the 7 nearest entrance of such school, church, synagogue or other place of 8 worship or to the center of the nearest entrance of each such premises 9 licensed and operating pursuant to this section and sections sixty-four, 10 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article; except 11 that no license shall be denied to any premises at which a license under 12 this chapter has been in existence continuously from a date prior to the 13 date when a building on the same street or avenue and within two hundred 14 feet of said premises has been occupied exclusively as a school, church, 15 synagogue or other place of worship; and except that no license shall be 16 denied to any premises, which is within five hundred feet of three or 17 more existing premises licensed and operating pursuant to this section 18 and sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d 19 of this article, at which a license under this chapter has been in 20 existence continuously on or prior to November first, nineteen hundred 21 ninety-three. The liquor authority, in its discretion, may authorize the 22 removal of any such licensed premises to a different location on the 23 same street or avenue, within two hundred feet of said school, church, 24 synagogue or other place of worship, provided that such new location is 25 not within a closer distance to such school, church, synagogue or other 26 place of worship. 27 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph 28 (a) of this subdivision, in a county having a population between one 29 million six hundred thousand and one million seven hundred thousand as 30 of the two thousand twenty census as conducted by the United States 31 department of commerce, the authority may issue a license pursuant to 32 this section for a premises which shall be within five hundred feet of 33 three or more existing premises licensed and operating pursuant to this 34 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or 35 sixty-four-d of this article if, after consultation with the munici- 36 pality or community board, it determines that granting such license 37 would be in the public interest. Before it may issue any such license, 38 the authority shall conduct a hearing, upon notice to the applicant and 39 the municipality or community board, and shall state and file in its 40 office its reasons therefor. Notice to the municipality or community 41 board shall mean written notice mailed by the authority to such munici- 42 pality or community board at least fifteen days in advance of any hear- 43 ing scheduled pursuant to this paragraph. Upon the request of the 44 authority, any municipality or community board may waive the fifteen day 45 notice requirement. The hearing may be rescheduled, adjourned or contin- 46 ued, and the authority shall give notice to the applicant and the muni- 47 cipality or community board of any such rescheduled, adjourned or 48 continued hearing. Before the authority issues any said license, the 49 authority or one or more of the commissioners thereof may, in addition 50 to the hearing required by this paragraph, also conduct a public meeting 51 regarding said license, upon notice to the applicant and the munici- 52 pality or community board. The public meeting may be rescheduled, 53 adjourned or continued, and the authority shall give notice to the 54 applicant and the municipality or community board of any such resched- 55 uled, adjourned or continued public meeting. No premises having been 56 granted a license pursuant to this section shall be denied a renewal of 
 S. 4575 21 1 such license upon the grounds that such premises are within five hundred 2 feet of a building or buildings wherein three or more premises are 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. 5 § 3. Paragraphs (a) and (c) of subdivision 5 of section 64-b of the 6 alcoholic beverage control law, paragraph (a) as amended by chapter 463 7 of the laws of 2009 and paragraph (c) as amended by chapter 185 of the 8 laws of 2012, are amended to read as follows: 9 (a) No bottle club license shall be granted for any premises which 10 shall be 11 (i) on the same street or avenue and within two hundred feet of a 12 building occupied exclusively as a school, church, synagogue or other 13 place of worship; or 14 (ii) in a [city, town or village having a population of twenty thou- 15 sand or more] county having a population between one million six hundred 16 thousand and one million seven hundred thousand as of the two thousand 17 twenty census as conducted by the United States department of commerce 18 within five hundred feet of three or more existing premises licensed and 19 operating pursuant to this section and sections sixty-four, 20 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article; 21 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph 22 are to be taken in straight lines from the center of the nearest 23 entrance of the premises sought to be licensed to the center of the 24 nearest entrance of such school, church, synagogue or other place of 25 worship or to the center of the nearest entrance of each such premises 26 licensed and operating pursuant to this section and sections sixty-four, 27 sixty-four-a, sixty-four-c, and/or sixty-four-d of this article; except 28 that no license shall be denied to any premises at which a license under 29 this chapter has been in existence continuously from a date prior to the 30 date when a building on the same street or avenue and within two hundred 31 feet of said premises has been occupied exclusively as a school, church, 32 synagogue or other place of worship; and except that no license shall be 33 denied to any premises, which is within five hundred feet of three or 34 more existing premises licensed and operating pursuant to this section 35 and sections sixty-four, sixty-four-a, sixty-four-c, and/or sixty-four-d 36 of this article, at which a license under this chapter has been in 37 existence continuously on or prior to November first, nineteen hundred 38 ninety-three. The liquor authority, in its discretion, may authorize the 39 removal of any such licensed premises to a different location on the 40 same street or avenue, within two hundred feet of said school, church, 41 synagogue or other place of worship, provided that such new location is 42 not within a closer distance to such school, church, synagogue or other 43 place of worship. 44 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 45 (a) of this subdivision, in a county having a population between one 46 million six hundred thousand and one million seven hundred thousand as 47 of the two thousand twenty census as conducted by the United States 48 department of commerce, the authority may issue a license pursuant to 49 this section for a premises which shall be within five hundred feet of 50 three or more existing premises licensed and operating pursuant to this 51 section and sections sixty-four, sixty-four-a, sixty-four-c, and/or 52 sixty-four-d of this article if, after consultation with the munici- 53 pality or community board, it determines that granting such license 54 would be in the public interest. Before it may issue any such license, 55 the authority shall conduct a hearing, upon notice to the applicant and 56 the municipality or community board, and shall state and file in its 
 S. 4575 22 1 office its reasons therefor. The hearing may be rescheduled, adjourned 2 or continued, and the authority shall give notice to the applicant and 3 the municipality or community board of any such rescheduled, adjourned 4 or continued hearing. Before the authority issues any said license, the 5 authority or one or more of the commissioners thereof may, in addition 6 to the hearing required by this paragraph, also conduct a public meeting 7 regarding said license, upon notice to the applicant and the munici- 8 pality or community board. The public meeting may be rescheduled, 9 adjourned or continued, and the authority shall give notice to the 10 applicant and the municipality or community board of any such resched- 11 uled, adjourned or continued public meeting. Notice to the municipality 12 or community board shall mean written notice mailed by the authority to 13 such municipality or community board at least fifteen days in advance of 14 any hearing scheduled pursuant to this paragraph. Upon the request of 15 the authority, any municipality or community board may waive the fifteen 16 day notice requirement. No premises having been granted a license pursu- 17 ant to this section shall be denied a renewal of such license upon the 18 grounds that such premises are within five hundred feet of a building or 19 buildings wherein three or more premises are licensed and operating 20 pursuant to this section and sections sixty-four, sixty-four-a, sixty- 21 four-c, and/or sixty-four-d of this article. 22 § 4. Paragraphs (a) and (c) of subdivision 11 of section 64-c of the 23 alcoholic beverage control law, paragraph (a) as amended by chapter 463 24 of the laws of 2009 and paragraph (c) as amended by chapter 185 of the 25 laws of 2012, are amended to read as follows: 26 (a) No restaurant-brewer license shall be granted for any premises 27 which shall be: 28 (i) on the same street or avenue and within two hundred feet of a 29 building occupied exclusively as a school, church, synagogue or other 30 place of worship; or 31 (ii) in a [city, town or village having a population of twenty thou- 32 sand or more] county having a population between one million six hundred 33 thousand and one million seven hundred thousand as of the two thousand 34 twenty census as conducted by the United States department of commerce 35 within five hundred feet of three or more existing premises licensed and 36 operating pursuant to the provisions of this section or sections sixty- 37 four, sixty-four-a, sixty-four-b and/or sixty-four-d of this article; or 38 (iii) the measurements in subparagraphs (i) and (ii) of this paragraph 39 are to be taken in straight lines from the center of the nearest 40 entrance of the premises sought to be licensed to the center of the 41 nearest entrance of such school, church, synagogue or other place of 42 worship or to the center of the nearest entrance of each such premises 43 licensed and operating pursuant to this section and sections sixty-four, 44 sixty-four-a, sixty-four-b and/or sixty-four-d of this article; except 45 that no license shall be denied to any premises at which a license under 46 this chapter has been in existence continuously from a date prior to the 47 date when a building on the same street or avenue and within two hundred 48 feet of said premises has been occupied exclusively as a school, church, 49 synagogue or other place of worship and except that no license shall be 50 denied to any premises, which is within five hundred feet of three or 51 more existing premises licensed and operating pursuant to this section 52 and sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d 53 of this article, at which a license under this chapter has been in 54 existence continuously on or prior to November first, nineteen hundred 55 ninety-three. 
 S. 4575 23 1 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 2 (a) of this subdivision, in a county having a population between one 3 million six hundred thousand and one million seven hundred thousand as 4 of the two thousand twenty census as conducted by the United States 5 department of commerce, the authority may issue a license pursuant to 6 this section for a premises which shall be within five hundred feet of 7 three or more existing premises licensed and operating pursuant to this 8 section and sections sixty-four, sixty-four-a, sixty-four-b and/or 9 sixty-four-d of this article if, after consultation with the munici- 10 pality or community board, it determines that granting such license 11 would be in the public interest. Before it may issue any such license, 12 the authority shall conduct a hearing, upon notice to the applicant and 13 the municipality or community board, and shall state and file in its 14 office its reasons therefor. The hearing may be rescheduled, adjourned 15 or continued, and the authority shall give notice to the applicant and 16 the municipality or community board of any such rescheduled, adjourned 17 or continued hearing. Before the authority issues any said license, the 18 authority or one or more of the commissioners thereof may, in addition 19 to the hearing required by this paragraph, also conduct a public meeting 20 regarding said license, upon notice to the applicant and the munici- 21 pality or community board. The public meeting may be rescheduled, 22 adjourned or continued, and the authority shall give notice to the 23 applicant and the municipality or community board of any such resched- 24 uled, adjourned or continued public meeting. Notice to the municipality 25 or community board shall mean written notice mailed by the authority to 26 such municipality or community board at least fifteen days in advance of 27 any hearing scheduled pursuant to this paragraph. Upon the request of 28 the authority, any municipality or community board may waive the fifteen 29 day notice requirement. No premises having been granted a license pursu- 30 ant to this section shall be denied a renewal of such license upon the 31 grounds that such premises are within five hundred feet of a building or 32 buildings wherein three or more premises are operating and licensed 33 pursuant to this section or sections sixty-four, sixty-four-a, sixty- 34 four-b and/or sixty-four-d of this article. 35 § 5. Paragraphs (b) and (e) of subdivision 8 of section 64-d of the 36 alcoholic beverage control law, paragraph (b) as amended by chapter 463 37 of the laws of 2009 and paragraph (e) as amended by chapter 185 of the 38 laws of 2012, are amended to read as follows: 39 (b) in a [city, town or village having a population of twenty thousand 40 or more] county having a population between one million six hundred 41 thousand and one million seven hundred thousand as of the two thousand 42 twenty census as conducted by the United States department of commerce 43 within five hundred feet of an existing premises licensed and operating 44 pursuant to the provisions of this section, or within five hundred feet 45 of three or more existing premises licensed and operating pursuant to 46 this section and sections sixty-four, sixty-four-a, sixty-four-b, and/or 47 sixty-four-c of this article. 48 (e) notwithstanding the provisions of paragraph (b) of this subdivi- 49 sion, in a county having a population between one million six hundred 50 thousand and one million seven hundred thousand as of the two thousand 51 twenty census as conducted by the United States department of commerce, 52 the authority may issue a license pursuant to this section for a prem- 53 ises which shall be within five hundred feet of an existing premises 54 licensed and operating pursuant to the provisions of this section or 55 within five hundred feet of three or more existing premises licensed and 56 operating pursuant to this section and sections sixty-four, 
 S. 4575 24 1 sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if, 2 after consultation with the municipality or community board, it deter- 3 mines that granting such license would be in the public interest. 4 Before it may issue any such license, the authority shall conduct a 5 hearing, upon notice to the applicant and the municipality or community 6 board, and shall state and file in its office its reasons therefor. The 7 hearing may be rescheduled, adjourned or continued, and the authority 8 shall give notice to the applicant and the municipality or community 9 board of any such rescheduled, adjourned or continued hearing. Before 10 the authority issues any said license, the authority or one or more of 11 the commissioners thereof may, in addition to the hearing required by 12 this paragraph, also conduct a public meeting regarding said license, 13 upon notice to the applicant and the municipality or community board. 14 The public meeting may be rescheduled, adjourned or continued, and the 15 authority shall give notice to the applicant and the municipality or 16 community board of any such rescheduled, adjourned or continued public 17 meeting. Notice to the municipality or community board shall mean writ- 18 ten notice mailed by the authority to such municipality or community 19 board at least fifteen days in advance of any hearing scheduled pursuant 20 to this paragraph. Upon the request of the authority, any municipality 21 or community board may waive the fifteen day notice requirement. No 22 premises having been granted a license pursuant to this section shall be 23 denied a renewal of such license upon the grounds that such premises are 24 within five hundred feet of an existing premises licensed and operating 25 pursuant to the provisions of this section or within five hundred feet 26 of a building or buildings wherein three or more premises are licensed 27 and operating pursuant to this section and sections sixty-four, sixty- 28 four-a, sixty-four-b, and/or sixty-four-c of this article. 29 § 6. This act shall take effect immediately. 30 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 31 sion, section or part of this act shall be adjudged by any court of 32 competent jurisdiction to be invalid, such judgment shall not affect, 33 impair, or invalidate the remainder thereof, but shall be confined in 34 its operation to the clause, sentence, paragraph, subdivision, section 35 or part thereof directly involved in the controversy in which such judg- 36 ment shall have been rendered. It is hereby declared to be the intent of 37 the legislature that this act would have been enacted even if such 38 invalid provisions had not been included herein. 39 § 3. This act shall take effect immediately; provided, however, that 40 the applicable effective date of Parts A through M of this act shall be 41 as specifically set forth in the last section of such Parts.