Alcoholic Beverage Control - Special Permits - Temporary beer and wine permit


Published: 2019-08-23

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§ 97. Temporary beer and wine permit. 1. The liquor authority is
hereby authorized to issue temporary permits effective for a period not
to exceed twenty-four consecutive hours to authorize the sale of beer
and wine manufactured in New York state at outdoor or indoor gatherings,
functions, occasions or events, within the hours fixed by or pursuant to
subdivision five of section one hundred six of this chapter, during
which alcoholic beverages may lawfully be sold or served upon premises
licensed to sell alcoholic beverages at retail for on-premises
consumption in the community in which is located the premises in which
such gathering, function, occasion or event is held. The fee for such
permit shall be twenty-six dollars. Such permit and the exercise of the
privilege granted thereby shall be subject to such rules of the liquor
authority as it deems necessary.

2. The liquor authority is hereby authorized to issue an annual permit
to brewers and beer wholesalers authorizing such licensees to sell beer
for consumption at outdoor or indoor gatherings, functions, occasions or
events, provided that such gatherings are not open to admission to the
general public nor is admission thereto made contingent upon the payment
of an admission fee, donation or contribution, and further provided that
such beer is not resold at such gatherings. Every brewer or beer
wholesaler to whom a permit shall be issued hereunder shall require
every person to whom beer shall be sold for use at such gatherings to
make, execute and file with such brewer or beer wholesaler, upon a form
to be prescribed by the liquor authority, a statement, that the beer
purchased by such person will not be sold or offered for sale by such
person. Such statement shall be accepted for all purposes as the
equivalent of an affidavit, and if false, shall subject the person
making and executing the same to the same penalties as if he had been
duly sworn. Such permit shall be issued in the form prescribed by the
liquor authority and shall run concurrently with the annual term of the
brewer's license or of the wholesale beer license, and the fee for such
permit shall be sixty-four dollars. Such a permit and the exercise of
the privileges granted thereunder shall be subject to such rules by the
liquor authority as it deems necessary. The provisions hereof shall not
apply to the sale of beer for consumption in the home.

4. The liquor authority is hereby authorized to issue a temporary
permit effective for a period not to exceed twenty-four consecutive
hours to any holder of a license to manufacture wine in this or any
other state, to sell wine at outdoor or indoor gatherings, functions,
occasions, or events, provided that such manufacturer produces not more
than one hundred fifty thousand gallons of wine annually. The fee for
such permit shall be twenty-six dollars.