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New York Alcoholic Beverage Control Law Section 64-c - License To Manufacture And Sell Alcoholic Beverages In A Premises Commonly Known As A Restaurant-brewer.Legal Research Home > New York Lawyer > Alcoholic Beverage Control > New York Alcoholic Beverage Control Law Section 64-c - License To Manufacture And Sell Alcoholic Beverages In A Premises Commonly Known As A Restaurant-brewer.
§ 64-c. License to manufacture and sell alcoholic beverages in a
premises commonly known as a restaurant-brewer. 1. Any person may make
an application to the state liquor authority for a license to operate a
restaurant-brewer.
2. Such application shall be in such form and shall contain such
information as shall be required by the liquor authority and shall be
accompanied by a check or draft in the amount required by this section
for such license.
3. Upon receipt of an original or a renewal application for a license
under this section, the applicant shall notify the clerk of the village,
town or city, as the case may be, by certified mail, return receipt
requested, wherein the prospective licensed premises is to be located
or, in the case of an application for renewal, where it is presently
located not less than thirty days prior to the submission of its
application for a license under this section or for a renewal thereof.
For the purposes of the preceding sentence notification need only be
given to the clerk of a village when such premises is to be located
within the boundaries of the village. In the city of New York, the
community board established pursuant to section twenty-eight hundred of
the New York city charter with jurisdiction over the area in which such
licensed premises is to be located shall be considered the appropriate
public body to which notification shall be given. Such municipality or
community board, as the case may be, may express an opinion for or
against the granting of such license. Any such opinion shall be deemed
part of the record upon which the liquor authority makes its
determination to grant or deny such license.
4. Section fifty-four of this chapter shall control so far as
applicable the procedure in connection with such application.
5. Such restaurant-brewer license shall in form and in substance be a
license to the person specifically licensed to operate a restaurant and
sell liquor at retail to be consumed on the premises specifically
licensed. Such license shall also be deemed to include a license to
sell wine and beer at retail to be consumed under the same terms and
conditions, without the payment of any additional fee.
6. A license under this section may only be granted to a person who
regularly and in a bona fide manner brews beer on the premises.
7. Not more than five licenses shall be granted to any person under
this section.
8. Not more than five thousand barrels of beer per year may be brewed
on any premises licensed under this section nor may any person who holds
multiple licenses under this section brew, in the aggregate, more than
twenty thousand barrels of beer per year.
9. On or within thirty days of the effective date of this section, any
person who holds a brewer's license under section fifty-one of this
chapter as well as a license to sell beer, wine and liquor at retail for
consumption on the premises may file an application with the liquor
authority to convert those licenses into a license under this section.
Such an application shall be granted by the authority except for good
cause shown. The granting of such an application shall constitute
conversion of said license into a restaurant-brewer license subject to
the provisions of this chapter applicable to restaurant-brewers licenses
issued under this section.
10. Except as provided in subdivisions seven, eight, nine, twelve,
thirteen, fourteen and sixteen of this section, no person licensed under
this section may be interested directly or indirectly in any other
premises in this state where alcoholic beverages are manufactured or
sold. Any person who has an interest in premises eligible for
conversion under subdivision nine of this section shall not be issued
any license under this section unless and until a conversion application
has been filed with and approved by the authority.
11. (a) No restaurant-brewer license shall be granted for any premises
which shall be:
(i) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship; or
(ii) in a city, town or village having a population of twenty thousand
or more within five hundred feet of three or more existing premises
licensed and operating pursuant to the provisions of this section or
section sixty-four or sixty-four-a of this article; or
(iii) the measurements in subparagraphs (i) and (ii) of this paragraph
are to be taken in straight lines from the center of the nearest
entrance of the premises sought to be licensed to the center of the
nearest entrance of such school, church, synagogue or other place of
worship or to the center of the nearest entrance of each such premises
licensed and operating pursuant to the provisions of this section;
except that no license shall be denied to any premises at which a
license under this chapter has been in existence continuously from a
date prior to the date when a building on the same street or avenue and
within two hundred feet of said premises has been occupied exclusively
as a school, church, synagogue or other place of worship and except that
no license shall be denied to any premises, which is within five hundred
feet of three or more existing premises licensed and operating pursuant
to the provisions of this section or section sixty-four or sixty-four-a
of this article, at which a license under this chapter has been in
existence continuously on or prior to November first, nineteen hundred
ninety-three.
(b) Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or premises licensed and
operating pursuant to the provisions of this section or of the premises
sought to be licensed, regularly used to give ingress to students of the
school, to the general public attending the place of worship, and to
patrons or guests of the premises licensed and operating pursuant to the
provisions of this section or of the premises sought to be licensed,
except that where a school or house of worship or premises licensed and
operating pursuant to the provisions of this section is set back from a
public thoroughfare, the walkway or stairs leading to any such door
shall be deemed an entrance; and the measurement shall be taken to the
center of the walkway or stairs at the point where it meets the building
line or public thoroughfare. A door which has no exterior hardware, or
which is used solely as an emergency or fire exit, or for maintenance
purposes, or which leads directly to a part of a building not regularly
used by the general public or patrons, is not deemed an "entrance".
(c) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section which shall be within five hundred feet of three or more
existing premises licensed and operating pursuant to the provisions of
this section or section sixty-four or sixty-four-a of this article if,
after consultation with the municipality or community board, it
determines that granting such license would be in the public interest.
Before it may issue any such license, the authority shall conduct a
hearing, upon notice to the applicant and the municipality or community
board, and shall state and file in its office its reasons therefor. No
premises having been granted a license pursuant to this section shall be
denied a renewal of such license upon the grounds that such premises are
within five hundred feet of a building or buildings where three or more
premises are operating and licensed pursuant to this section or section
sixty-four or sixty-four-a of this article.
12. The liquor authority may in its discretion and upon such terms and
conditions as it may prescribe, issue to a licensed restaurant-brewer
upon his application therefor a supplemental license authorizing the
restaurant-brewer to sell beer brewed on the licensed premises at retail
to a person for consumption in his home, at retail in bulk by the keg,
cask or barrel for consumption and not for resale at a clambake,
barbecue, picnic, outing or other similar outdoor gathering at which
more than fifty persons are assembled and at wholesale. Such additional
license shall permit the sale of up to two hundred fifty barrels of beer
per year. No person, who holds multiple licenses under this section and
applies for and receives multiple supplemental licenses, may sell, under
those supplemental licenses, in the aggregate more than one thousand
barrels of beer per year.
13. For the exercise of the privilege granted by such supplemental
license issued under subdivision twelve of this section there is
assessed a fee to be paid by the licensee in the sum of eleven hundred
twenty-five dollars per three-year period plus a one hundred dollar
filing fee and which fee shall be in addition to the fee provided for in
this section for a restaurant-brewer license.
14. An application for a supplemental license under subdivision
thirteen of this section shall be in such form and shall contain such
information as shall be required by the liquor authority and shall be
accompanied by a check or draft in the amount required by subdivision
thirteen of this section.
15. The fee for an original and a renewal restaurant-brewer license
shall be fifty-eight hundred fifty dollars in the counties of New York,
Kings, Bronx and Queens; forty-three hundred fifty dollars in the county
of Richmond and in cities having a population of more than one hundred
thousand and less than one million; thirty-six hundred dollars in cities
having a population of more than fifty thousand and less than one
hundred thousand; and the sum of twenty-eight hundred fifty dollars
elsewhere. Said license shall run for a period of three years. In
addition to the license fees provided for in this subdivision, there
shall be paid to the authority with each initial application a filing
fee of two hundred dollars and with each renewal application a filing
fee of one hundred dollars.
16. A restaurant-brewer license issued under this section and a
supplemental license issued under this section shall run concurrently.
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Last modified: August 26, 2006 |