§ 97 — Temporary beer and wine permit

New York § 97

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

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,\nwine, cider, mead and/or braggot, and liquor at outdoor or indoor\ngatherings, functions, occasions or events, within the hours fixed by or\npursuant to subdivision five of section one hundred six of this chapter,\nduring which alcoholic beverages may lawfully be sold or served upon\npremises licensed 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 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 5. The authority is authorized to allow a brewer, once per annum, and\nafter the property owner obtains a permit under this section, to sell or\noffer at no cost beer, beginning at eight antemeridian and ending at the\nhours fixed by or pursuant to subdivision five of section one hundred\nsix of this chapter, at the following two locations in the city of\nUtica, county of Oneida, and bounded and described as follows:\nPARCEL I\nBeginning at the northwest corner of the beer storage building at the\ncorner of Edward Street and Wasmer Street and proceeding northerly for a\ndistance of 76 feet 1 inch; thence 128 feet 5 inches easterly along\nWasmer Street; thence continuing along said Wasmer Street northeasterly\nfor a distance of 202 feet 10 inches to the corner of Wasmer Street and\nHamilton Street.\nThence northerly along Hamilton Street for a distance of 46 feet 8\ninches to the intersection of Columbia Street. Thence northwesterly\nalong Columbia Street for a distance of 233 feet 6 inches. Thence\nsouthwesterly for a distance of 77 feet 7 inches to a fence. Thence\nnorthwesterly for a distance of 62 feet and thence southwesterly a\ndistance of 10 feet 6 inches to the southeastern corner of the brewery\ngarage.\n Thence, following the garage's perimeter: first in a southwesterly\ndirection for a distance of 133 feet 2 inches to the southwest corner of\nthe garage; thence in a northwesterly direction for a distance of 22\nfeet 5 inches; and thence in a northeasterly direction for a distance of\n11 feet 2 inches, then in a northwesterly direction for a distance of\n100 feet, to a fence just before the sidewalk on Schuyler Street; thence\nsouthwesterly for a distance of 234 feet 5 inches to the Brewery main\ncomplex.\n Thence following the perimeter of the brewery complex buildings\nsoutheast for a distance of 82 feet 8 inches, northeasterly for a\ndistance of 81 feet 11 inches; thence southeasterly for a distance of 85\nfeet 3 inches; thence northeasterly for a distance of 21 feet 6 inches;\nand thence southeasterly for a distance of 96 feet 8 inches to the\nnorthwestern corner of the shipping office.\nFrom the northwestern corner of the shipping office, southeasterly for a\ndistance of 33 feet 9 inches; thence southwesterly for a distance of 37\nfeet 8 inches; thence southeasterly for a distance of 65 feet 8 inches;\nthence southerly for a distance of 27 feet 4 inches; thence easterly for\na distance of 33 feet, to the point or place of beginning.\nPARCEL II\nBeginning at the iron fence which is 26 feet northwest of the southwest\ncorner of the tour center on Court Street; thence 66 feet, 7 inches\nnortheast, 11 feet 7 inches northwest to the west corner of the tour\ncenter parking lot stairs. Proceeding northeasterly 71 feet 10 inches,\nthence northwesterly 19 feet 10 inches to the southeastern corner of the\nboiler room building. Thence northwesterly 161 feet; south by southwest\n80 feet; southwest 58 feet 5 inches and finally southeast 155 feet to\nthe point or place of beginning.\n