§ 99-D — Miscellaneous fees

New York § 99-D

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

Text

§ 99-d. Miscellaneous fees. 1. Before any substantial alteration to a\nlicensed premises may be undertaken by or on the behalf of any licensee\nexcept a micro-winery, a farm winery or a roadside farm market, the\nlicensee shall make an application to the liquor authority for\npermission to effect such alteration. A substantial alteration shall\ninclude any enlargement or contraction of a licensed premises whether\nindoors or outdoors; any physical change that reduces the visibility\nthat existed at the time of licensing; any other physical changes in the\ninterior of a licensed premises that materially affect the character of\nthe premises; and, in the case of establishments licensed for\nconsumption on the premises, any material changes to the dining or\nkitchen facilities, or any change in the size or location of any bar\nwithin the contemplation of subdivision four of section one hundred of\nthis chapter at which alcoholic beverages are dispensed. A minor\nalteration shall be deemed to be one costing and valued at less than ten\nthousand dollars, which does not materially affect the character of the\npremises or the physical structure that existed at the time of\nlicensing. Before commencing work on the alteration, any licensee other\nthan a micro-winery, a farm winery or a roadside farm market licensee,\nshall request permission to effect such minor alteration and shall\nsubmit an affidavit to the liquor authority by filing the same in person\nor by certified mail return receipt requested or overnight delivery\nservice with proof of mailing on forms prescribed by the authority. A\nwinery, micro-winery, farm winery or roadside farm market licensee is\nnot required to obtain permission from the authority to make a minor\nalteration to its premises. The affidavit shall include but not be\nlimited to a description of the proposed alteration, the cost and value\nof the alteration, and the source of money making the alteration\npossible. Upon receipt of such affidavit, the authority shall have\ntwenty days in which to review the proposed alteration and notify the\nlicensee of any objection to the same by certified mail return receipt\nrequested. If no such objection is made within such period permission\nshall be deemed to have been granted. Work may commence on such\nalteration if no objection is received by the twenty-fifth day after\nfiling such affidavit. The cost of an alteration, for purposes of this\nsubdivision, shall be equal to the total sum expended to complete the\nproposed alteration excluding professional fees.\n 2. Before any change in the members of a limited liability company or\nthe transfer or assignment of a membership interest in a limited\nliability company or any corporate change in stockholders,\nstockholdings, alcoholic beverage officers, officers or directors,\nexcept officers and directors of a premises licensed as a club or a\nluncheon club under this chapter can be effectuated for the purposes of\nthis chapter, there shall be filed with the liquor authority an\napplication for permission to make such change and there shall be paid\nto the liquor authority in advance upon filing of the application a fee\nof one hundred twenty-eight dollars.\n (a) The provisions of this section shall not be applicable where there\nare ten or more stockholders and such change involves less than ten per\ncentum of the stock of the corporation and the stock holdings of any\nstockholder are not increased thereby to ten per centum or more of the\nstock.\n (b) Where the same corporation operates two or more premises\nseparately licensed under this chapter a separate corporate change shall\nbe filed for each such licensed premises, except as otherwise provided\nfor by rule of the liquor authority. The corporate change fee provided\nfor herein shall not be applicable to more than one license held by the\nsame corporation.\n (c) Notwithstanding any corporate change approved by the authority, a\nlicensed corporation or limited liability company shall be bound by the\nrepresentations set forth in the original application and any amendments\nthereto approved by the authority.\n 3. Before any removal of a license to any premises other than the\nlicensed premises or to any other part of the building containing the\nlicensed premises, the licensee shall make an application to the liquor\nauthority for permission to effect such removal and shall pay to the\nliquor authority in advance upon filing of the application a fee of one\nhundred ninety-two dollars where the base license fee is five hundred\ndollars or more and thirty-two dollars in all other instances.\n 4. The liquor authority may make such rules as it deems necessary to\ncarry out the provisions of this section.\n