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N.Y. Alco. Bev. Cont. Law § 97

Temporary beer and wine permit

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2020). View current text →

§ 97. Temporary beer and wine permit. 1. The liquor authority is\nhereby authorized to issue temporary permits effective for a period not\nto exceed twenty-four consecutive hours to authorize the sale of beer\nand wine manufactured in New York state at outdoor or indoor gatherings,\nfunctions, occasions or events, within the hours fixed by or pursuant to\nsubdivision five of section one hundred six of this chapter, during\nwhich alcoholic beverages may lawfully be sold or served upon premises\nlicensed to sell alcoholic beverages at retail for on-premises\nconsumption in the community in which is located the premises in which\nsuch gathering, function, occasion or event is held. The fee for such\npermit shall be twenty-six dollars. Such permit and the exercise of the\nprivilege granted thereby shall be subject to such rules of the liquor\nauthority as it deems necessary.\n 2. The liquor authority is hereby authorized to issue an annual permit\nto brewers and beer wholesalers authorizing such licensees to sell beer\nfor consumption at outdoor or indoor gatherings, functions, occasions or\nevents, provided that such gatherings are not open to admission to the\ngeneral public nor is admission thereto made contingent upon the payment\nof an admission fee, donation or contribution, and further provided that\nsuch beer is not resold at such gatherings. Every brewer or beer\nwholesaler to whom a permit shall be issued hereunder shall require\nevery person to whom beer shall be sold for use at such gatherings to\nmake, execute and file with such brewer or beer wholesaler, upon a form\nto be prescribed by the liquor authority, a statement, that the beer\npurchased by such person will not be sold or offered for sale by such\nperson. Such statement shall be accepted for all purposes as the\nequivalent of an affidavit, and if false, shall subject the person\nmaking and executing the same to the same penalties as if he had been\nduly sworn. Such permit shall be issued in the form prescribed by the\nliquor authority and shall run concurrently with the annual term of the\nbrewer's license or of the wholesale beer license, and the fee for such\npermit shall be sixty-four dollars. Such a permit and the exercise of\nthe privileges granted thereunder shall be subject to such rules by the\nliquor authority as it deems necessary. The provisions hereof shall not\napply to the sale of beer for consumption in the home.\n 3. The liquor authority is hereby authorized to issue a permit under\nsubdivision one of this section to the holder of a concessionaire's\nlicense issued by the division of the New York state fair in the\ndepartment of agriculture and markets. Such permit shall allow for the\nsale and consumption of wine manufactured in New York state, and beer\nupon the premises known as the New York state fairgrounds during the\nannual New York state fair for the calendar year such permit is issued,\nprovided that such wine is sold and dispensed in amounts of ten ounces\nor less. The fee for such permit shall be determined by the liquor\nauthority.\n 4. The liquor authority is hereby authorized to issue a temporary\npermit effective for a period not to exceed twenty-four consecutive\nhours to any holder of a license to manufacture wine in this or any\nother state, to sell wine at outdoor or indoor gatherings, functions,\noccasions, or events, provided that such manufacturer produces not more\nthan one hundred fifty thousand gallons of wine annually. The fee for\nsuch permit shall be twenty-six dollars.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.