N.Y. Alco. Bev. Cont. Law § 64-c

§ 64-c. License to manufacture and sell alcoholic beverages in a\npremises commonly known as a restaurant-brewer. 1. Any person may make\nan application to the state liquor authority for a license to operate a\nrestaurant-brewer.\n 2. Such application shall be in such form and shall contain such\ninformation as shall be required by the liquor authority and shall be\naccompanied by a check or draft in the amount required by this section\nfor such license.\n 4. Section fifty-four of this chapter shall control so far as\napplicable the procedure in connection with such application.\n 5. Such restaurant-brewer license shall in form and in substance be a\nlicense to the person specifically licensed to operate a restaurant and\nsell liquor at retail to be consumed on the premises specifically\nlicensed. Such license shall also be deemed to include a license to:\n (a) sell wine and beer at retail to be consumed under the same terms\nand conditions, without the payment of any additional fee; and\n (b) sell beer brewed on the premises to other retail licensees, where\nsuch license is held by the same person holding the restaurant-brewer\nlicense, or to commonly owned affiliate licenses, provided that such\nbeer is sold through a New York state licensed beer wholesaler.\n 6. A license under this section may only be granted to a person who\nregularly and in a bona fide manner brews beer on the premises.\n 7. Not more than five licenses shall be granted to any person under\nthis section.\n 8. A person holding one or more licenses under this section may brew,\nin the aggregate, no more than twenty thousand barrels of beer per year.\n 9. On or within thirty days of the effective date of this section, any\nperson who holds a brewer's license under section fifty-one of this\nchapter as well as a license to sell beer, wine and liquor at retail for\nconsumption on the premises may file an application with the liquor\nauthority to convert those licenses into a license under this section.\nSuch an application shall be granted by the authority except for good\ncause shown. The granting of such an application shall constitute\nconversion of said license into a restaurant-brewer license subject to\nthe provisions of this chapter applicable to restaurant-brewers licenses\nissued under this section.\n 10. (a) For purposes of sections one hundred one and one hundred six\nof this chapter, a person licensed under this section shall be deemed a\n"retailer" as that term is defined within section three of this chapter.\nNotwithstanding any provision of this chapter to the contrary, a person\nlicensed under this section may also be licensed (or interested directly\nor indirectly in a license) to sell liquor at retail to be consumed on\nor off the premises under section fifty-four, fifty-four-a, fifty-five,\nfifty-five-a, seventy-nine or eighty-one of this chapter or sections\nsixty-four, sixty-four-a, sixty-four-b and sixty-four-d of this article.\n (b) No manufacturer or wholesaler of alcoholic beverages may be\ngranted a license to operate a restaurant-brewer pursuant to this\nsection. Any person who has an interest in premises eligible for\nconversion under subdivision nine of this section shall not be issued\nany license under this section unless and until a conversion application\nhas been filed with and approved by the authority.\n 11. (a) No restaurant-brewer license shall be granted for any premises\nwhich shall be:\n (i) on the same street or avenue and within two hundred feet of a\nbuilding occupied exclusively as a school, church, synagogue or other\nplace of worship; or\n (ii) in a city, town or village having a population of twenty thousand\nor more within five hundred feet of three or more existing premises\nlicensed and operating pursuant to the provisions of this section or\nsections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of\nthis article; or\n (iii) the measurements in subparagraphs (i) and (ii) of this paragraph\nare to be taken in straight lines from the center of the nearest\nentrance of the premises sought to be licensed to the center of the\nnearest entrance of such school, church, synagogue or other place of\nworship or to the center of the nearest entrance of each such premises\nlicensed and operating pursuant to this section and sections sixty-four,\nsixty-four-a, sixty-four-b and/or sixty-four-d of this article; except\nthat no license shall be denied to any premises at which a license under\nthis chapter has been in existence continuously from a date prior to the\ndate when a building on the same street or avenue and within two hundred\nfeet of said premises has been occupied exclusively as a school, church,\nsynagogue or other place of worship and except that no license shall be\ndenied to any premises, which is within five hundred feet of three or\nmore existing premises licensed and operating pursuant to this section\nand sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d\nof this article, at which a license under this chapter has been in\nexistence continuously on or prior to November first, nineteen hundred\nninety-three.\n (b) Within the context of this subdivision, the word "entrance" shall\nmean a door of a school, of a house of worship, or premises licensed and\noperating pursuant to this section and sections sixty-four,\nsixty-four-a, sixty-four-b and/or sixty-four-d of this article or of the\npremises sought to be licensed, regularly used to give ingress to\nstudents of the school, to the general public attending the place of\nworship, and to patrons or guests of the premises licensed and operating\npursuant to this section and sections sixty-four, sixty-four-a,\nsixty-four-b and/or sixty-four-d of this article or of the premises\nsought to be licensed, except that where a school or house of worship or\npremises licensed and operating pursuant to this section and sections\nsixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of this\narticle is set back from a public thoroughfare, the walkway or stairs\nleading to any such door shall be deemed an entrance; and the\nmeasurement shall be taken to the center of the walkway or stairs at the\npoint where it meets the building line or public thoroughfare. A door\nwhich has no exterior hardware, or which is used solely as an emergency\nor fire exit, or for maintenance purposes, or which leads directly to a\npart of a building not regularly used by the general public or patrons,\nis not deemed an "entrance".\n (c) Notwithstanding the provisions of subparagraph (ii) of paragraph\n(a) of this subdivision, the authority may issue a license pursuant to\nthis section for a premises which shall be within five hundred feet of\nthree or more existing premises licensed and operating pursuant to this\nsection and sections sixty-four, sixty-four-a, sixty-four-b and/or\nsixty-four-d of this article if, after consultation with the\nmunicipality or community board, it determines that granting such\nlicense would be in the public interest. Before it may issue any such\nlicense, the authority shall conduct a hearing, upon notice to the\napplicant and the municipality or community board, and shall state and\nfile in its office its reasons therefor. The hearing may be rescheduled,\nadjourned or continued, and the authority shall give notice to the\napplicant and the municipality or community board of any such\nrescheduled, adjourned or continued hearing. Before the authority issues\nany said license, the authority or one or more of the commissioners\nthereof may, in addition to the hearing required by this paragraph, also\nconduct a public meeting regarding said license, upon notice to the\napplicant and the municipality or community board. The public meeting\nmay be rescheduled, adjourned or continued, and the authority shall give\nnotice to the applicant and the municipality or community board of any\nsuch rescheduled, adjourned or continued public meeting. Notice to the\nmunicipality or community board shall mean written notice mailed by the\nauthority to such municipality or community board at least fifteen days\nin advance of any hearing scheduled pursuant to this paragraph. Upon the\nrequest of the authority, any municipality or community board may waive\nthe fifteen day notice requirement. No premises having been granted a\nlicense pursuant to this section shall be denied a renewal of such\nlicense upon the grounds that such premises are within five hundred feet\nof a building or buildings wherein three or more premises are operating\nand licensed pursuant to this section or sections sixty-four,\nsixty-four-a, sixty-four-b and/or sixty-four-d of this article.\n (d) Within the context of this subdivision, a building occupied as a\nplace of worship does not cease to be "exclusively" occupied as a place\nof worship by incidental uses that are not of a nature to detract from\nthe predominant character of the building as a place of worship, such\nuses which include, but which are not limited to: the conduct of legally\nauthorized games of bingo or other games of chance held as a means of\nraising funds for the not-for-profit religious organization which\nconducts services at the place of worship or for other not-for-profit\norganizations or groups; use of the building for fund-raising\nperformances by or benefitting the not-for-profit religious organization\nwhich conducts services at the place of worship or other not-for-profit\norganizations or groups; the use of the building by other religious\norganizations or groups for religious services or other purposes; the\nconduct of social activities by or for the benefit of the congregants;\nthe use of the building for meetings held by organizations or groups\nproviding bereavement counseling to persons having suffered the loss of\na loved one, or providing advice or support for conditions or diseases\nincluding, but not limited to, alcoholism, drug addiction, cancer,\ncerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of\nthe building for blood drives, health screenings, health information\nmeetings, yoga classes, exercise classes or other activities intended to\npromote the health of the congregants or other persons; and use of the\nbuilding by non-congregant members of the community for private social\nfunctions. The building occupied as a place of worship does not cease to\nbe "exclusively" occupied as a place of worship where the not-for-profit\nreligious organization occupying the place of worship accepts the\npayment of funds to defray costs related to another party's use of the\nbuilding.\n 12. The liquor authority may in its discretion and upon such terms and\nconditions as it may prescribe, issue to a licensed restaurant-brewer\nupon his application therefor a supplemental license authorizing the\nrestaurant-brewer to sell beer brewed on the licensed premises at retail\nto a person for consumption in his home, at retail in bulk by the keg,\ncask or barrel for consumption and not for resale at a clambake,\nbarbecue, picnic, outing or other similar outdoor gathering at which\nmore than fifty persons are assembled and at wholesale. Such additional\nlicense shall permit the sale of up to two hundred fifty barrels of beer\nper year. No person, who holds multiple licenses under this section and\napplies for and receives multiple supplemental licenses, may sell, under\nthose supplemental licenses, in the aggregate more than one thousand\nbarrels of beer per year.\n 13. For the exercise of the privilege granted by such supplemental\nlicense issued under subdivision twelve of this section there is\nassessed a fee to be paid by the licensee in the sum of eleven hundred\ntwenty-five dollars per three-year period plus a one hundred dollar\nfiling fee and which fee shall be in addition to the fee provided for in\nthis section for a restaurant-brewer license.\n 14. An application for a supplemental license under subdivision\nthirteen of this section shall be in such form and shall contain such\ninformation as shall be required by the liquor authority and shall be\naccompanied by a check or draft in the amount required by subdivision\nthirteen of this section.\n 15. The fee for an original and a renewal restaurant-brewer license\nshall be fifty-eight hundred fifty dollars in the counties of New York,\nKings, Bronx and Queens; forty-three hundred fifty dollars in the county\nof Richmond and in cities having a population of more than one hundred\nthousand and less than one million; thirty-six hundred dollars in cities\nhaving a population of more than fifty thousand and less than one\nhundred thousand; and the sum of twenty-eight hundred fifty dollars\nelsewhere. Said license shall run for a period of three years. In\naddition to the license fees provided for in this subdivision, there\nshall be paid to the authority with each initial application a filing\nfee of two hundred dollars and with each renewal application a filing\nfee of one hundred dollars.\n 16. A restaurant-brewer license issued under this section and a\nsupplemental license issued under this section shall run concurrently.\n 17. (a) A licensee or his or her employee may serve small samples of\nbeer or malt beverages he or she produces at their licensed\nestablishments.\n (b) Each serving at such tasting shall be served only by the brewer or\nhis or her employee and shall be limited to three ounces or less of a\nbrand of beer or malt beverage produced by the brewer and no consumer of\nlegal age shall be provided or given more than two servings of such\nbrands offered for tasting.\n (c) The authority is authorized and directed to promulgate such rules\nand regulations, as it deems necessary or appropriate to implement the\nprovisions of this subdivision to protect the health, safety and welfare\nof the people of this state.\n 18. Notwithstanding the provisions of subdivision six of this section\nor of subdivision thirteen of section one hundred six of this chapter,\nthe authority may issue a restaurant brewer's license pursuant to this\nsection for a premises which shall be located wholly within the town of\nUlster, county of Ulster, state of New York, bounded and described as\nfollows:\n ALL that certain plot, piece or parcel of land with the buildings and\nimprovements thereon erected, situate, lying and being in the Town of\nUlster, County of Ulster and the State of New York, bounded and\ndescribed as follows:\n BEGINNING at a point on the Northeasterly side of City View Terrace,\nsaid point being the Westerly corner of the lands of the State of New\nYork and a Southwesterly corner of the herein described parcel; THENCE\nfrom said point of beginning along the Northeasterly side of City View\nTerrace, North 43 degrees 36 minutes 03 seconds West, 109.02 feet to a\npoint on the Southeasterly side of Forest Hill Drive; THENCE along the\nSoutheasterly side of Forest Hill Drive the following course and\ndistances, North 16 degrees 32 minutes 34 seconds West, 92.62 feet to a\npoint; THENCE North 10 degrees 38 minutes 26 seconds East, 70.45 feet to\na point; THENCE North 35 degrees 53 minutes 26 seconds East, 122.45 feet\nto a point; THENCE North 46 degrees 30 minutes 26 seconds East, 203.40\nfeet to a point; THENCE North 62 degrees 37 minutes 26 seconds East;\n115.94 feet to a point; THENCE North 79 degrees 39 minutes 26 seconds\nEast, 47.82 feet to a point; THENCE North 45 degrees 16 minutes 41\nseconds East, 63.33 feet to a recovered bar; THENCE along the bounds of\nlands of now or formerly Skytop Village Associates, L. 1916-P. 134, the\nfollowing courses and distances, South 37 degrees 08 minutes 02 seconds\nEast, 196.33 feet to a recovered bar; THENCE South 65 degrees 47 minutes\n02 seconds East, 90.63 feet to a point; THENCE North 77 degrees 23\nminutes 58 seconds East, 233.85 feet to a recovered bar; THENCE North 85\ndegrees 29 minutes 58 seconds East, 297.09 feet to a recovered bar;\nTHENCE South 63 degrees 30 minutes 02 seconds East, 108.50 feet to a\nrecovered bar; THENCE along the bounds of lands of now or formerly\nRobert D. Sabino, L. 1487-P. 397, and along a stone wall, South 32\ndegrees 24 minutes 04 seconds West, 353.51 feet to a point; THENCE\nleaving said stone and along the bounds of lands of now or formerly\nStanley Amerling, L. 1440-P. 908, South 75 degrees 41 minutes 26 seconds\nWest, 264.62 feet to a point; THENCE along the bounds of lands of Summit\nProperties, LLC, L. 2856-P. 82, the following courses and distances,\nNorth 41 degrees 29 minutes 34 seconds West, 50.00 feet to a point;\nTHENCE South 71 degrees 10 minutes 26 seconds West, 89.84 feet to a\npoint; THENCE South 59 degrees 51 minutes 26 seconds West, 251.72 feet\nto a point; THENCE South 13 degrees 15 minutes 34 seconds East, 90.20\nfeet to a point; THENCE along the bounds of lands of said State of New\nYork, the following courses and distances, North 56 degrees 41 minutes\n34 seconds West, 168.79 feet to a point; THENCE North 75 degrees 51\nminutes 34 seconds West, 254.10 feet to the point and place of\nbeginning. Being the same premises as conveyed to Skytop Motel, LLC by\ndeed of Stewart Title, as agent of the grantor, Skytop Motel, Inc.,\ndated April 29, 2003 and recorded in the office of the Ulster County\nClerk on June 10, 2003 as document no. 2003-00016207, Receipt no. 48178,\nBk-D VI-3621, pg-171.\n