§ 64-C — License to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer

New York § 64-C

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 5: Special Provisions Relating to Liquor

Text

§ 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;\n (b) sell beer brewed on the premises to other retail licensees, where\nsuch other retail license is held by the same person holding the\nrestaurant-brewer license, or such other retail license is a commonly\nowned affiliate license, provided that such beer is sold through a New\nYork state licensed beer wholesaler;\n (c) sell no more than two thousand barrels of beer brewed on the\npremises to other retail licensees, where such other retail license is\nnot held by the same person holding the restaurant-brewer license, and\nsuch other retail license is not a commonly owned affiliate license,\nprovided that such beer is sold through a New York state licensed beer\nwholesaler; provided however such licensee may sell at wholesale without\nthe use of a licensed beer wholesaler up to two hundred fifty barrels of\nthose two thousand barrels to other retail licensees, where such other\nretail license is not held by the same person holding the\nrestaurant-brewer license, and such other retail license is not a\ncommonly owned affiliate license; and\n (d) sell no more than two thousand barrels of beer brewed on the\nlicensed premises at retail to a person for consumption in their home\nand at retail in bulk by the keg, cask or barrel for consumption and not\nfor resale.\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 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 13. (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 14. 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 15. 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 city of\nPeekskill, county of Westchester, state of New York, bounded and\ndescribed as follows:\n Any such premises or business located on all that certain parcel of\nland situate in the City of Peekskill, County of Westchester and State\nof New York, that is a portion of Parcel I as it is shown on that\ncertain map entitled, "Survey . . at Charles Point . . " which was filed\nin the Westchester County Clerk's Office on October 23, 1980 as Map No.\n20407 that is bounded and described as follows:\n BEGINNING at a point on the easterly shoreline of the Hudson River and\nwithin the bounds of the said Parcel I as it is shown on the said Filed\nMap NO. 20407, which point occupies coordinate position:\n North 464418.83 (y)\n East 607401.00 (x)\n of the New York State Coordinate System, East Zone and which point is\ndistant, the following courses from the southerly corner of the Parcel\nshown on Map No. 20407 that occupies coordinate position\n North 463520.804 (y)\n East 608470.681 (x)\n of the aforesaid New York State Coordinate System, East Zone:\n North 47 degrees 30' 36" West 856.60 feet,\n North 77 degrees 10' 53" West 488.18 feet,\n North 41 degrees 17' 53" West 113.32 feet and\n North 41 degrees 50' 16" East 169.08 feet;\n THENCE from the said point of beginning along the said easterly\nshoreline (high water mark) of the east bank of the Hudson River:\n Due North 16.17 feet,\n North 53 degrees 58' 22" West 13.60 feet,\n North 73 degrees 04' 21" West 24.04 feet,\n North 63 degrees 26' 06" West 22.36 feet,\n North 82 degrees 18' 14" West 37.34 feet,\n North 64 degrees 47' 56" West 37.58 feet,\n South 82 degrees 52' 30" West 16.12 feet,\n North 61 degrees 41' 57" West 14.76 feet and\n South 21 degrees 48' 05" West 9.71 feet;\n THENCE leaving the high water mark and running across a peninsula of\nland and along the division line between Parcel I and Parcel II as shown\non said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to\nanother point on the said easterly shoreline (high water mark) of the\nEast Bank of the Hudson River;\n THENCE northerly along the said high water mark, the following\ncourses:\n North 3 degrees 00' 46" West 17.54 feet,\n North 13 degrees 45' 39" West 50.45 feet,\n North 10 degrees 49' 23" West 69.23 feet,\n North 0 degrees 47' 22" West 52.48 feet to a point which is the point\nof beginning of the hereinafter described 40 foot easement which point\noccupies coordinate position\n North 464676.48 (y)\n East 607189.28 (x)\n of the New York State Coordinate System, East Zone;\n THENCE continuing along the aforesaid easterly shoreline (high water\nmark) of the East Bank of the Hudson, the following courses:\n North 10 degrees 18' 17" West 23.91 feet,\n North 39 degrees 04' 58" West 21.39 feet,\n North 20 degrees 13' 30" West 21.74 feet,\n North 39 degrees 02' 08" West 95.27 feet,\n North 13 degrees 08' 02" West 30.81 feet,\n North 18 degrees 26' 06" West 53.76 feet,\n North 28 degrees 10' 43" West 63.53 feet,\n North 18 degrees 26' 06" West 50.60 feet,\n North 37 degrees 14' 05" West 31.40 feet,\n North 21 degrees 15' 02" West 96.57 feet,\n North 32 degrees 00' 19" West 47.17 feet,\n North 1 degree 18' 07" West 44.01 feet and\n North 17 degrees 14' 29" East 29.32 feet to a point on the southerly\nline of lands under lease to the County of Westchester (Resco Site);\n THENCE along the said County of Westchester (Resco Site) lands: Due\nEast 432.31 feet to a point on the westerly line of an easement and a\nright-of-way leading to Charles Point Avenue;\n THENCE along the said westerly and southwesterly line of the said\nright-of-way leading to Charles Point Avenue: Due South 241.16 feet and\nSouth 27 degrees 13' 00" East 406.90 feet to a point;\n THENCE leaving the said easement and running along other lands now or\nformerly of The City of Peekskill Industrial Development Agency, South\n41 degrees 50' 16" West 270.01 feet to the aforementioned easterly\nshoreline (high water mark) of the East Bank of the Hudson River and the\npoint or place of beginning.\n TOGETHER with an easement over all that parcel of land situate in the\nCity of Peekskill, County of Westchester and State of New York that is\nmore particularly bounded and described as follows:\n BEGINNING at a point on the westerly line of Charles Point Avenue with\nthe said westerly line is intersected by the line dividing the easement\nherein described on the south from lands under lease to the County of\nWestchester (Resco Site) on the north which point occupies coordinate\nposition:\n North 464719.99 (y)\n East 608004.15 (x)\n of the New York State Coordinate System, East Zone;\n THENCE from the said point of beginning southerly along the said\nwesterly line of Charles Point Avenue, South 14 degrees 54' 00" West\n103.48 feet to a point;\n THENCE westerly along other lands of the City of Peekskill Industrial\nDevelopment Agency: Due West 396.44 feet to a point which is the\neasterly most corner of the lands of Point Associates, the grantee\nherein;\n THENCE along the northeasterly line of the said Point Associates'\nland, North 27 degrees 13' 00" West 406.90 feet and Due North 241.16\nfeet to a point on the southerly line of the aforementioned lands leased\nto the County of Westchester (Resco Site);\n THENCE easterly along the said southerly line Due East 75.00 feet to a\npoint;\n THENCE southeasterly and easterly still along the said lands leased to\nthe County of Westchester (Resco Site) the following courses:\n Due South 223.00 feet,\n South 27 degrees 13' 00" East 314.87 feet and\n Due East 390.14 feet to the aforementioned westerly line of Charles\nPoint Avenue and the point or place of BEGINNING.\n TOGETHER WITH a non-exclusive easement for utilities, and ingress and\negress over that certain right of way leading from Charles Point Avenue,\nnow known as John E. Walsh Boulevard, in a westerly and northwesterly\ndirection to the above described premises and as more fully described in\nthe Declaration of Easement recorded in Liber 8888 cp 35.\n