§ 98 — Caterer's permit

New York § 98

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 7: Special Permits

Text

§ 98. Caterer's permit. 1. The liquor authority is hereby authorized\nto issue to a retail licensee for on-premises consumption or a licensed\noff-premises caterer furnishing provisions and service for use at a\nparticular function, occasion or event in a hotel, restaurant, club,\nballroom or other premises a temporary permit effective for a period not\nto exceed twenty-four consecutive hours, which shall authorize the\nservice of alcoholic beverages at such function, occasion or event\nwithin the hours, fixed by or pursuant to subdivision five of section\none hundred six of this chapter, during which alcoholic beverages may\nlawfully be sold or served upon premises licensed to sell alcoholic\nbeverages at retail for on-premises consumption in the community in\nwhich is located the premises in which such function, occasion or event\nis held. The fee therefor shall be thirty-eight dollars. Such a permit\nand the exercise of the privilege granted thereby may be subjected to\nsuch rules by the liquor authority as it deems necessary and such rules\nas are in conformity with the provisions of subdivision two of this\nsection. Such a permit may also be issued for functions, occasions or\nevents at premises for which a summer license has been previously issued\npursuant to this chapter.\n 2. Except for good cause shown, the liquor authority shall issue upon\nproper application and payment of fee, an on-premises caterer's permit\nto a club licensed pursuant to the provisions of this chapter upon the\nclub premises if it is shown:\n a. That the club has not solicited the event, nor advertised such\naffair in any manner as open to the public and the alcoholic beverages\nshall be sold only to persons invited to and attending such function,\noccasion or event; and\n b. (see, also, par. b below) That the particular function or event is\nto be held by a sodality, an auxiliary or other organization affiliated\nwith the licensed club and also other organizations not affiliated with\na licensed club, provided the function or event being held is in\nconjunction with the use of the primary athletic or sports facilities of\nthe licensed club; and\n b. (see, also, par. b above) The particular function or event is to be\nheld by a sodality or auxiliary affiliated with the club, or a\nparticular charitable or non-profit function or event is to be held by a\ncharitable or non-profit organization and such organization has one or\nmore members who are also members of the club.\n 3. The liquor authority may issue upon proper application and payment\nof fee, an on-premises caterer's permit to a club licensed pursuant to\nthe provisions of this chapter if the facts set forth in the application\nestablish to the satisfaction of the authority that no other suitably\nlicensed premises authorized to sell alcoholic beverages to the public\nis available within a reasonable distance.\n 4. A caterer's permit will not be granted to a club licensed for a\nfunction to be held off the club premises except where such is\nexclusively for the use and benefit of the club members only and is so\nrestricted.\n 5. Notwithstanding any other provision of this chapter or any rule of\nthe liquor authority, the liquor authority is hereby authorized to\nissue, to caterers and other persons furnishing provisions and services\nfor use at a particular function or occasion or event to be held at a\nwinery or farm winery, a temporary indoor and/or outdoor permit\neffective for a period not to exceed twenty-four consecutive hours,\nwhich shall authorize the service of alcoholic beverages at such\nfunction, occasion or event within the hours as 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 function, occasion or event is held. The issuance of a caterer's\npermit under this section shall in no way prohibit or suspend the lawful\noperation of the winery or farm winery licensed under this chapter. For\npurposes of this subdivision, both the permittee and the winery or farm\nwinery licensee shall be responsible for any violations of this chapter\nor the rules of the authority occurring while the permit is in effect.\nLiability under the provisions of sections 11-100 and 11-101 of the\ngeneral obligations law shall accrue to both the permittee and the\nwinery or farm winery licensee. The fee for the permit shall be\nthirty-eight dollars, provided, however, that no fee shall be charged to\na licensed off-premises caterer. Such a permit and the exercise of the\nprivilege granted thereby may be subjected to such rules by the liquor\nauthority as it deems necessary.\n