Alcoholic Beverage Control - Special Provisions Relating to Liquor - License to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer


Published: 2020-04-24

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§ 64-c. License to manufacture and sell alcoholic beverages in a
premises commonly known as a restaurant-brewer. 1. Any person may make
an application to the state liquor authority for a license to operate a
restaurant-brewer.

2. Such application shall be in such form and shall contain such
information as shall be required by the liquor authority and shall be
accompanied by a check or draft in the amount required by this section
for such license.

4. Section fifty-four of this chapter shall control so far as
applicable the procedure in connection with such application.

5. Such restaurant-brewer license shall in form and in substance be a
license to the person specifically licensed to operate a restaurant and
sell liquor at retail to be consumed on the premises specifically
licensed. Such license shall also be deemed to include a license to:

(a) sell wine and beer at retail to be consumed under the same terms
and conditions, without the payment of any additional fee;

(b) sell beer brewed on the premises to other retail licensees, where
such other retail license is held by the same person holding the
restaurant-brewer license, or such other retail license is a commonly
owned affiliate license, provided that such beer is sold through a New
York state licensed beer wholesaler;

(c) sell no more than two thousand barrels of beer brewed on the
premises to other retail licensees, where such other retail license is
not held by the same person holding the restaurant-brewer license, and
such other retail license is not a commonly owned affiliate license,
provided that such beer is sold through a New York state licensed beer
wholesaler; provided however such licensee may sell at wholesale without
the use of a licensed beer wholesaler up to two hundred fifty barrels of
those two thousand barrels to other retail licensees, where such other
retail license is not held by the same person holding the
restaurant-brewer license, and such other retail license is not a
commonly owned affiliate license; and

(d) sell no more than two thousand barrels of beer brewed on the
licensed premises at retail to a person for consumption in their home
and at retail in bulk by the keg, cask or barrel for consumption and not
for resale.

6. A license under this section may only be granted to a person who
regularly and in a bona fide manner brews beer on the premises.

7. Not more than five licenses shall be granted to any person under
this section.

8. A person holding one or more licenses under this section may brew,
in the aggregate, no more than twenty thousand barrels of beer per year.

9. On or within thirty days of the effective date of this section, any
person who holds a brewer's license under section fifty-one of this
chapter as well as a license to sell beer, wine and liquor at retail for
consumption on the premises may file an application with the liquor
authority to convert those licenses into a license under this section.
Such an application shall be granted by the authority except for good
cause shown. The granting of such an application shall constitute
conversion of said license into a restaurant-brewer license subject to
the provisions of this chapter applicable to restaurant-brewers licenses
issued under this section.

10. (a) For purposes of sections one hundred one and one hundred six
of this chapter, a person licensed under this section shall be deemed a
"retailer" as that term is defined within section three of this chapter.
Notwithstanding any provision of this chapter to the contrary, a person
licensed under this section may also be licensed (or interested directly
or indirectly in a license) to sell liquor at retail to be consumed on
or off the premises under section fifty-four, fifty-four-a, fifty-five,
fifty-five-a, seventy-nine or eighty-one of this chapter or sections
sixty-four, sixty-four-a, sixty-four-b and sixty-four-d of this article.

(b) No manufacturer or wholesaler of alcoholic beverages may be
granted a license to operate a restaurant-brewer pursuant to this
section. Any person who has an interest in premises eligible for
conversion under subdivision nine of this section shall not be issued
any license under this section unless and until a conversion application
has been filed with and approved by the authority.

11. (a) No restaurant-brewer license shall be granted for any premises
which shall be:

(i) on the same street or avenue and within two hundred feet of a
building occupied exclusively as a school, church, synagogue or other
place of worship; or

(ii) in a city, town or village having a population of twenty thousand
or more within five hundred feet of three or more existing premises
licensed and operating pursuant to the provisions of this section or
sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of
this article; or

(iii) the measurements in subparagraphs (i) and (ii) of this paragraph
are to be taken in straight lines from the center of the nearest
entrance of the premises sought to be licensed to the center of the
nearest entrance of such school, church, synagogue or other place of
worship or to the center of the nearest entrance of each such premises
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b and/or sixty-four-d of this article; except
that no license shall be denied to any premises at which a license under
this chapter has been in existence continuously from a date prior to the
date when a building on the same street or avenue and within two hundred
feet of said premises has been occupied exclusively as a school, church,
synagogue or other place of worship and except that no license shall be
denied to any premises, which is within five hundred feet of three or
more existing premises licensed and operating pursuant to this section
and sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d
of this article, at which a license under this chapter has been in
existence continuously on or prior to November first, nineteen hundred
ninety-three.

(b) Within the context of this subdivision, the word "entrance" shall
mean a door of a school, of a house of worship, or premises licensed and
operating pursuant to this section and sections sixty-four,
sixty-four-a, sixty-four-b and/or sixty-four-d of this article or of the
premises sought to be licensed, regularly used to give ingress to
students of the school, to the general public attending the place of
worship, and to patrons or guests of the premises licensed and operating
pursuant to this section and sections sixty-four, sixty-four-a,
sixty-four-b and/or sixty-four-d of this article or of the premises
sought to be licensed, except that where a school or house of worship or
premises licensed and operating pursuant to this section and sections
sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of this
article is set back from a public thoroughfare, the walkway or stairs
leading to any such door shall be deemed an entrance; and the
measurement shall be taken to the center of the walkway or stairs at the
point where it meets the building line or public thoroughfare. A door
which has no exterior hardware, or which is used solely as an emergency
or fire exit, or for maintenance purposes, or which leads directly to a
part of a building not regularly used by the general public or patrons,
is not deemed an "entrance".

(c) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-a, sixty-four-b and/or
sixty-four-d of this article if, after consultation with the
municipality or community board, it determines that granting such
license would be in the public interest. Before it may issue any such
license, the authority shall conduct a hearing, upon notice to the
applicant and the municipality or community board, and shall state and
file in its office its reasons therefor. The hearing may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such
rescheduled, adjourned or continued hearing. Before the authority issues
any said license, the authority or one or more of the commissioners
thereof may, in addition to the hearing required by this paragraph, also
conduct a public meeting regarding said license, upon notice to the
applicant and the municipality or community board. The public meeting
may be rescheduled, adjourned or continued, and the authority shall give
notice to the applicant and the municipality or community board of any
such rescheduled, adjourned or continued public meeting. Notice to the
municipality or community board shall mean written notice mailed by the
authority to such municipality or community board at least fifteen days
in advance of any hearing scheduled pursuant to this paragraph. Upon the
request of the authority, any municipality or community board may waive
the fifteen day notice requirement. No premises having been granted a
license pursuant to this section shall be denied a renewal of such
license upon the grounds that such premises are within five hundred feet
of a building or buildings wherein three or more premises are operating
and licensed pursuant to this section or sections sixty-four,
sixty-four-a, sixty-four-b and/or sixty-four-d of this article.

(d) Within the context of this subdivision, a building occupied as a
place of worship does not cease to be "exclusively" occupied as a place
of worship by incidental uses that are not of a nature to detract from
the predominant character of the building as a place of worship, such
uses which include, but which are not limited to: the conduct of legally
authorized games of bingo or other games of chance held as a means of
raising funds for the not-for-profit religious organization which
conducts services at the place of worship or for other not-for-profit
organizations or groups; use of the building for fund-raising
performances by or benefitting the not-for-profit religious organization
which conducts services at the place of worship or other not-for-profit
organizations or groups; the use of the building by other religious
organizations or groups for religious services or other purposes; the
conduct of social activities by or for the benefit of the congregants;
the use of the building for meetings held by organizations or groups
providing bereavement counseling to persons having suffered the loss of
a loved one, or providing advice or support for conditions or diseases
including, but not limited to, alcoholism, drug addiction, cancer,
cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of
the building for blood drives, health screenings, health information
meetings, yoga classes, exercise classes or other activities intended to
promote the health of the congregants or other persons; and use of the
building by non-congregant members of the community for private social
functions. The building occupied as a place of worship does not cease to
be "exclusively" occupied as a place of worship where the not-for-profit
religious organization occupying the place of worship accepts the
payment of funds to defray costs related to another party's use of the
building.

12. The fee for an original and a renewal restaurant-brewer license
shall be fifty-eight hundred fifty dollars in the counties of New York,
Kings, Bronx and Queens; forty-three hundred fifty dollars in the county
of Richmond and in cities having a population of more than one hundred
thousand and less than one million; thirty-six hundred dollars in cities
having a population of more than fifty thousand and less than one
hundred thousand; and the sum of twenty-eight hundred fifty dollars
elsewhere. Said license shall run for a period of three years. In
addition to the license fees provided for in this subdivision, there
shall be paid to the authority with each initial application a filing
fee of two hundred dollars and with each renewal application a filing
fee of one hundred dollars.

13. (a) A licensee or his or her employee may serve small samples of
beer or malt beverages he or she produces at their licensed
establishments.

(b) Each serving at such tasting shall be served only by the brewer or
his or her employee and shall be limited to three ounces or less of a
brand of beer or malt beverage produced by the brewer and no consumer of
legal age shall be provided or given more than two servings of such
brands offered for tasting.

(c) The authority is authorized and directed to promulgate such rules
and regulations, as it deems necessary or appropriate to implement the
provisions of this subdivision to protect the health, safety and welfare
of the people of this state.

14. Notwithstanding the provisions of subdivision six of this section
or of subdivision thirteen of section one hundred six of this chapter,
the authority may issue a restaurant brewer's license pursuant to this
section for a premises which shall be located wholly within the town of
Ulster, county of Ulster, state of New York, bounded and described as
follows:

ALL that certain plot, piece or parcel of land with the buildings and
improvements thereon erected, situate, lying and being in the Town of
Ulster, County of Ulster and the State of New York, bounded and
described as follows:

BEGINNING at a point on the Northeasterly side of City View Terrace,
said point being the Westerly corner of the lands of the State of New
York and a Southwesterly corner of the herein described parcel; THENCE
from said point of beginning along the Northeasterly side of City View
Terrace, North 43 degrees 36 minutes 03 seconds West, 109.02 feet to a
point on the Southeasterly side of Forest Hill Drive; THENCE along the
Southeasterly side of Forest Hill Drive the following course and
distances, North 16 degrees 32 minutes 34 seconds West, 92.62 feet to a
point; THENCE North 10 degrees 38 minutes 26 seconds East, 70.45 feet to
a point; THENCE North 35 degrees 53 minutes 26 seconds East, 122.45 feet
to a point; THENCE North 46 degrees 30 minutes 26 seconds East, 203.40
feet to a point; THENCE North 62 degrees 37 minutes 26 seconds East;
115.94 feet to a point; THENCE North 79 degrees 39 minutes 26 seconds
East, 47.82 feet to a point; THENCE North 45 degrees 16 minutes 41
seconds East, 63.33 feet to a recovered bar; THENCE along the bounds of
lands of now or formerly Skytop Village Associates, L. 1916-P. 134, the
following courses and distances, South 37 degrees 08 minutes 02 seconds
East, 196.33 feet to a recovered bar; THENCE South 65 degrees 47 minutes
02 seconds East, 90.63 feet to a point; THENCE North 77 degrees 23
minutes 58 seconds East, 233.85 feet to a recovered bar; THENCE North 85
degrees 29 minutes 58 seconds East, 297.09 feet to a recovered bar;
THENCE South 63 degrees 30 minutes 02 seconds East, 108.50 feet to a
recovered bar; THENCE along the bounds of lands of now or formerly
Robert D. Sabino, L. 1487-P. 397, and along a stone wall, South 32
degrees 24 minutes 04 seconds West, 353.51 feet to a point; THENCE
leaving said stone and along the bounds of lands of now or formerly
Stanley Amerling, L. 1440-P. 908, South 75 degrees 41 minutes 26 seconds
West, 264.62 feet to a point; THENCE along the bounds of lands of Summit
Properties, LLC, L. 2856-P. 82, the following courses and distances,
North 41 degrees 29 minutes 34 seconds West, 50.00 feet to a point;
THENCE South 71 degrees 10 minutes 26 seconds West, 89.84 feet to a
point; THENCE South 59 degrees 51 minutes 26 seconds West, 251.72 feet
to a point; THENCE South 13 degrees 15 minutes 34 seconds East, 90.20
feet to a point; THENCE along the bounds of lands of said State of New
York, the following courses and distances, North 56 degrees 41 minutes
34 seconds West, 168.79 feet to a point; THENCE North 75 degrees 51
minutes 34 seconds West, 254.10 feet to the point and place of
beginning. Being the same premises as conveyed to Skytop Motel, LLC by
deed of Stewart Title, as agent of the grantor, Skytop Motel, Inc.,
dated April 29, 2003 and recorded in the office of the Ulster County
Clerk on June 10, 2003 as document no. 2003-00016207, Receipt no. 48178,
Bk-D VI-3621, pg-171.

15. Notwithstanding the provisions of subdivision six of this section
or of subdivision thirteen of section one hundred six of this chapter,
the authority may issue a restaurant brewer's license pursuant to this
section for a premises which shall be located wholly within the city of
Peekskill, county of Westchester, state of New York, bounded and
described as follows:

Any such premises or business located on all that certain parcel of
land situate in the City of Peekskill, County of Westchester and State
of New York, that is a portion of Parcel I as it is shown on that
certain map entitled, "Survey . . at Charles Point . . " which was filed
in the Westchester County Clerk's Office on October 23, 1980 as Map No.
20407 that is bounded and described as follows:

BEGINNING at a point on the easterly shoreline of the Hudson River and
within the bounds of the said Parcel I as it is shown on the said Filed
Map NO. 20407, which point occupies coordinate position:

North 464418.83 (y)

East 607401.00 (x)

of the New York State Coordinate System, East Zone and which point is
distant, the following courses from the southerly corner of the Parcel
shown on Map No. 20407 that occupies coordinate position

North 463520.804 (y)

East 608470.681 (x)

of the aforesaid New York State Coordinate System, East Zone:

North 47 degrees 30' 36" West 856.60 feet,

North 77 degrees 10' 53" West 488.18 feet,

North 41 degrees 17' 53" West 113.32 feet and

North 41 degrees 50' 16" East 169.08 feet;

THENCE from the said point of beginning along the said easterly
shoreline (high water mark) of the east bank of the Hudson River:

Due North 16.17 feet,

North 53 degrees 58' 22" West 13.60 feet,

North 73 degrees 04' 21" West 24.04 feet,

North 63 degrees 26' 06" West 22.36 feet,

North 82 degrees 18' 14" West 37.34 feet,

North 64 degrees 47' 56" West 37.58 feet,

South 82 degrees 52' 30" West 16.12 feet,

North 61 degrees 41' 57" West 14.76 feet and

South 21 degrees 48' 05" West 9.71 feet;

THENCE leaving the high water mark and running across a peninsula of
land and along the division line between Parcel I and Parcel II as shown
on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to
another point on the said easterly shoreline (high water mark) of the
East Bank of the Hudson River;

THENCE northerly along the said high water mark, the following
courses:

North 3 degrees 00' 46" West 17.54 feet,

North 13 degrees 45' 39" West 50.45 feet,

North 10 degrees 49' 23" West 69.23 feet,

North 0 degrees 47' 22" West 52.48 feet to a point which is the point
of beginning of the hereinafter described 40 foot easement which point
occupies coordinate position

North 464676.48 (y)

East 607189.28 (x)

of the New York State Coordinate System, East Zone;

THENCE continuing along the aforesaid easterly shoreline (high water
mark) of the East Bank of the Hudson, the following courses:

North 10 degrees 18' 17" West 23.91 feet,

North 39 degrees 04' 58" West 21.39 feet,

North 20 degrees 13' 30" West 21.74 feet,

North 39 degrees 02' 08" West 95.27 feet,

North 13 degrees 08' 02" West 30.81 feet,

North 18 degrees 26' 06" West 53.76 feet,

North 28 degrees 10' 43" West 63.53 feet,

North 18 degrees 26' 06" West 50.60 feet,

North 37 degrees 14' 05" West 31.40 feet,

North 21 degrees 15' 02" West 96.57 feet,

North 32 degrees 00' 19" West 47.17 feet,

North 1 degree 18' 07" West 44.01 feet and

North 17 degrees 14' 29" East 29.32 feet to a point on the southerly
line of lands under lease to the County of Westchester (Resco Site);

THENCE along the said County of Westchester (Resco Site) lands: Due
East 432.31 feet to a point on the westerly line of an easement and a
right-of-way leading to Charles Point Avenue;

THENCE along the said westerly and southwesterly line of the said
right-of-way leading to Charles Point Avenue: Due South 241.16 feet and
South 27 degrees 13' 00" East 406.90 feet to a point;

THENCE leaving the said easement and running along other lands now or
formerly of The City of Peekskill Industrial Development Agency, South
41 degrees 50' 16" West 270.01 feet to the aforementioned easterly
shoreline (high water mark) of the East Bank of the Hudson River and the
point or place of beginning.

TOGETHER with an easement over all that parcel of land situate in the
City of Peekskill, County of Westchester and State of New York that is
more particularly bounded and described as follows:

BEGINNING at a point on the westerly line of Charles Point Avenue with
the said westerly line is intersected by the line dividing the easement
herein described on the south from lands under lease to the County of
Westchester (Resco Site) on the north which point occupies coordinate
position:

North 464719.99 (y)

East 608004.15 (x)

of the New York State Coordinate System, East Zone;

THENCE from the said point of beginning southerly along the said
westerly line of Charles Point Avenue, South 14 degrees 54' 00" West
103.48 feet to a point;

THENCE westerly along other lands of the City of Peekskill Industrial
Development Agency: Due West 396.44 feet to a point which is the
easterly most corner of the lands of Point Associates, the grantee
herein;

THENCE along the northeasterly line of the said Point Associates'
land, North 27 degrees 13' 00" West 406.90 feet and Due North 241.16
feet to a point on the southerly line of the aforementioned lands leased
to the County of Westchester (Resco Site);

THENCE easterly along the said southerly line Due East 75.00 feet to a
point;

THENCE southeasterly and easterly still along the said lands leased to
the County of Westchester (Resco Site) the following courses:

Due South 223.00 feet,

South 27 degrees 13' 00" East 314.87 feet and

Due East 390.14 feet to the aforementioned westerly line of Charles
Point Avenue and the point or place of BEGINNING.

TOGETHER WITH a non-exclusive easement for utilities, and ingress and
egress over that certain right of way leading from Charles Point Avenue,
now known as John E. Walsh Boulevard, in a westerly and northwesterly
direction to the above described premises and as more fully described in
the Declaration of Easement recorded in Liber 8888 cp 35.