Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
7040--B
2025-2026 Regular Sessions
I N A S S E M B L Y
March 20, 2025
___________
Introduced by M. of A. STIRPE -- read once and referred to the Committee
on Economic Development -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the alcoholic beverage control law, in relation to
establishing a license to sell liquor on premises commonly known as a
for-profit club
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The alcoholic beverage control law is amended by adding a
new section 64-f to read as follows:
§ 64-F. LICENSE TO SELL LIQUOR ON PREMISES COMMONLY KNOWN AS A FOR-
PROFIT CLUB. 1. ANY PERSON MAY MAKE AN APPLICATION TO THE STATE LIQUOR
AUTHORITY TO OPERATE A "FOR-PROFIT CLUB" WHICH IS OPERATED SOLELY FOR A
RECREATIONAL, SOCIAL, PATRIOTIC, POLITICAL, BENEVOLENT, COMMUNAL WORK-
SPACE, CORPORATE DINING SPACE, OR ATHLETIC PURPOSE.
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 ARTICLE
FOR SUCH LICENSE. THE FEE FOR SUCH LICENSE SHALL BE TWENTY THOUSAND
DOLLARS ANNUALLY.
3. SECTION FIFTY-FOUR OF THIS CHAPTER SHALL CONTROL SO FAR AS APPLICA-
BLE THE PROCEDURE IN CONNECTION WITH SUCH APPLICATION. FOR-PROFIT CLUBS
THAT APPLY FOR A LICENSE PURSUANT TO THIS SECTION ARE ALSO AUTHORIZED TO
APPLY FOR A TEMPORARY RETAIL PERMIT AS PROVIDED FOR IN SECTION NINETY-
SEVEN-A OF THIS CHAPTER.
4. SUCH FOR-PROFIT CLUB LICENSE SHALL IN FORM AND IN SUBSTANCE BE A
LICENSE TO THE PERSON SPECIFICALLY LICENSED TO OPERATE A FOR-PROFIT CLUB
AND SELL LIQUOR AT RETAIL EXCLUSIVELY TO MEMBERS IN GOOD STANDING AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00724-08-5
A. 7040--B 2
THEIR GUESTS UNDER THE BY-LAWS OF THE FOR-PROFIT CLUB TO BE CONSUMED ON
THE PREMISES SPECIFICALLY LICENSED. SUCH LICENSE SHALL ALSO BE DEEMED TO
INCLUDE A LICENSE TO SELL LIQUOR, WINE, BEER, CIDER, MEAD AND/OR BRAGGOT
AT RETAIL EXCLUSIVELY TO MEMBERS IN GOOD STANDING AND THEIR GUESTS UNDER
THE BY-LAWS OF THE FOR-PROFIT CLUB TO BE CONSUMED ON THE PREMISES UNDER
THE SAME TERMS AND CONDITIONS, WITHOUT THE PAYMENT OF ANY ADDITIONAL
FEE.
5. (A) A LICENSE UNDER THIS SECTION SHALL BE REQUIRED OF ANY PERSON,
CORPORATION, PARTNERSHIP, COMPANY, OR ANY OTHER FOR-PROFIT ENTITY WHICH
IS THE OWNER, LESSEE OR OCCUPANT OF A PREMISES USED EXCLUSIVELY FOR THE
FOR-PROFIT CLUB PURPOSES, AND WHICH IS OPERATED SOLELY FOR A RECREATION-
AL, SOCIAL, PATRIOTIC, POLITICAL, BENEVOLENT, COMMUNAL WORKSPACE, CORPO-
RATE DINING SPACE, OR ATHLETIC PURPOSE. A "MEMBER" OF A FOR-PROFIT CLUB
SHALL MEAN A PERSON WHO WHETHER A CHARTER MEMBER OR ADMITTED IN AGREE-
MENT WITH THE BY-LAWS OF THE FOR-PROFIT CLUB, HAS BECOME A BONA FIDE
MEMBER THEREOF, WHO MAINTAINS MEMBERSHIP BY THE PAYMENT OF ANNUAL DUES
IN A BONA FIDE MANNER IN ACCORDANCE WITH THE BY-LAWS OF THE FOR-PROFIT
CLUB AND WHOSE NAME AND ADDRESS IS ENTERED ON THE LIST OF MEMBERS OF THE
FOR-PROFIT CLUB. A FOR-PROFIT CLUB MUST HAVE ONE HUNDRED OR MORE
MEMBERS.
(B) FOR THE PURPOSE OF A FOR-PROFIT CLUB LICENSE ISSUED PURSUANT TO
THIS SECTION SOLELY FOR USE AS CORPORATE DINING SPACE FOR THEIR EMPLOY-
EES AND CLIENTS SHALL:
(I) INCLUDE ONLY SUCH SPACE DIRECTLY USED FOR CORPORATE DINING
PURPOSES WHERE FOOD AND BEVERAGES ARE REGULARLY AVAILABLE TO EMPLOYEES,
CLIENTS, AND GUESTS;
(II) AUTHORIZE THAT LICENSEES DO NOT HAVE TO MEET MEMBER REQUIREMENTS;
(III) AUTHORIZE CONTRACTS WITH A THIRD PARTY LICENSED BY THE AUTHORITY
TO PROVIDE FOOD AND BEVERAGES SO LONG AS ANY THIRD PARTY CONTRACT IS
DISCLOSED TO THE AUTHORITY; AND
(IV) BE RESPONSIBLE FOR MAINTAINING RECORDS, FILING ALL NECESSARY
APPLICATIONS, AND PROVIDING OTHER SUCH DOCUMENTATION REQUIRED OR DEEMED
NECESSARY TO BE SUBMITTED TO THE AUTHORITY.
6. THE AUTHORITY SHALL CONSIDER ALL OF THE FOLLOWING IN DETERMINING
WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
PROMOTED BY THE GRANTING OF A LICENSE PURSUANT TO THIS SECTION:
(A) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
(B) EVIDENCE THAT APPLICANTS HAVE SECURED ALL NECESSARY LICENSES AND
PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
(C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
(D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
(E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
THE PROPOSED PREMISES;
(F) ANY PURPOSE OR INTENTION OF DISCRIMINATION BY THE APPLICANT OR ANY
INDIVIDUAL, CORPORATION, PARTNERSHIP, COMPANY, OR ANY OTHER FOR-PROFIT
ENTITY WHICH IS THE OWNER, LESSEE OR OCCUPANT OF THE PREMISES TO BE
LICENSED AS A FOR-PROFIT CLUB PREMISES; AND
(G) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO DETERMINE THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY TO FIND
THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
7. NO FOR-PROFIT CLUB LICENSE SHALL BE GRANTED FOR ANY PREMISES WHICH
SHALL BE:
A. 7040--B 3
(A) 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
(B) IN A CITY, TOWN OR VILLAGE HAVING A POPULATION OF TWENTY THOUSAND
OR MORE WITHIN FIVE HUNDRED FEET OF AN EXISTING PREMISES LICENSED AND
OPERATING PURSUANT TO THE PROVISIONS OF THIS SECTION, OR 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, SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE.
(C) THE MEASUREMENTS IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION 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 OPER-
ATING PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR, SIXTY-FOUR-A,
SIXTY-FOUR-B, SIXTY-FOUR-C, 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 AN EXISTING
PREMISES LICENSED AND OPERATING PURSUANT TO THE PROVISIONS OF THIS
SECTION OR 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, SIXTY-FOUR-C, 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. THE LIQUOR AUTHORITY, IN ITS DISCRETION, MAY
AUTHORIZE THE REMOVAL OF ANY SUCH LICENSED PREMISES TO A DIFFERENT
LOCATION ON THE SAME STREET OR AVENUE, WITHIN TWO HUNDRED FEET OF SAID
SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP, PROVIDED THAT SUCH
NEW LOCATION IS NOT WITHIN A CLOSER DISTANCE TO SUCH SCHOOL, CHURCH,
SYNAGOGUE OR OTHER PLACE OF WORSHIP.
(D) WITHIN THE CONTEXT OF THIS SUBDIVISION, THE WORD "ENTRANCE" SHALL
MEAN A DOOR OF A SCHOOL, OF A HOUSE OF WORSHIP, OR OF PREMISES LICENSED
AND OPERATING PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR, SIXTY-
FOUR-A, SIXTY-FOUR-B, SIXTY-FOUR-C, 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, SIXTY-FOUR-C, 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, SIXTY-FOUR-C, AND/OR
SIXTY-FOUR-D OF THIS ARTICLE OR THE PREMISES SOUGHT TO BE LICENSED 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".
A. 7040--B 4
(E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVI-
SION, THE AUTHORITY MAY ISSUE A LICENSE PURSUANT TO THIS SECTION FOR A
PREMISES WHICH SHALL BE WITHIN FIVE HUNDRED FEET OF AN EXISTING PREMISES
LICENSED AND OPERATING PURSUANT TO THE PROVISIONS OF THIS SECTION OR
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, SIXTY-FOUR-C, 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 INTER-
EST. 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 WRIT-
TEN 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 AN EXISTING PREMISES LICENSED AND OPERATING
PURSUANT TO THE PROVISIONS OF THIS SECTION OR WITHIN FIVE HUNDRED FEET
OF A BUILDING OR BUILDINGS WHEREIN THREE OR MORE PREMISES ARE LICENSED
AND OPERATING PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR, SIXTY-
FOUR-A, SIXTY-FOUR-B, SIXTY-FOUR-C, AND/OR SIXTY-FOUR-D OF THIS ARTICLE.
(F) 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: (I) 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; (II) 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, CERE-
BRAL PALSY, PARKINSON'S DISEASE, OR ALZHEIMER'S DISEASE; (III) 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 (IV) USE OF
A. 7040--B 5
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.
8. ALL OTHER PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL
LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY AS FAR AS
APPLICABLE.
9. FOR PURPOSES OF THIS SECTION, FOR-PROFIT CLUB LICENSEES AS AUTHOR-
IZED HEREIN SHALL BE RESPONSIBLE FOR ANY VIOLATIONS OF THIS CHAPTER OR
THE RULES OF THE AUTHORITY OCCURRING WHILE THE LICENSE IS IN EFFECT.
LIABILITY UNDER THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE
GENERAL OBLIGATIONS LAW SHALL ACCRUE TO THE LICENSEE.
10. ALL FOR-PROFIT CLUB LICENSEES SHALL BE SUBJECT TO SUCH RULES AND
REGULATIONS BY THE AUTHORITY AS IS DEEMED NECESSARY AND ARE IN CONFORM-
ITY WITH THE PROVISIONS OF THIS CHAPTER.
§ 2. Subdivision 1 of section 110-b of the alcoholic beverage control
law, as amended by chapter 560 of the laws of 2011, the opening para-
graph as amended by section 1 of part H of chapter 55 of the laws of
2024, paragraphs (c) and (d) as amended and paragraph (e) as added by
chapter 106 of the laws of 2022, is amended to read as follows:
1. Not more than two hundred seventy days before filing any of the
following applications, an applicant shall notify the municipality in
which the premises is located of such applicant's intent to file such an
application:
(a) for a license issued pursuant to section fifty-five, fifty-five-a,
sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d,
SIXTY-FOUR-F, eighty-one or eighty-one-a of this chapter;
(b) for a renewal under section one hundred nine of this chapter of a
license issued pursuant to section fifty-five, fifty-five-a, sixty-four,
sixty-four-a, sixty-four-c, sixty-four-d, SIXTY-FOUR-F, eighty-one or
eighty-one-a of this chapter if the premises is located within the city
of New York;
(c) for approval of an alteration under section ninety-nine-d of this
chapter if the premises is located within the city of New York and
licensed pursuant to section fifty-five, fifty-five-a, sixty-four,
sixty-four-a, sixty-four-c, sixty-four-d, SIXTY-FOUR-F, eighty-one or
eighty-one-a of this chapter;
(d) for approval of a substantial corporate change under section nine-
ty-nine-d of this chapter if the premises is located within the city of
New York and licensed pursuant to section fifty-five, fifty-five-a,
sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, SIXTY-FOUR-F,
eighty-one or eighty-one-a of this chapter; or
(e) for a temporary retail permit issued under paragraph (b) of subdi-
vision one of section ninety-seven-a of this chapter where the estab-
lishment is to be licensed pursuant to section fifty-five, fifty-five-a,
sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d,
SIXTY-FOUR-F, eighty-one or eighty-one-a of this chapter located in a
city with a population of one million or more people. If an applicant
subject to this paragraph shall, after filing an application for a
retail license and providing proper notice for such application pursuant
to paragraph (a) of this subdivision, subsequently file an application
for a temporary retail permit pursuant to section ninety-seven-a of this
chapter at the same premises, such applicant must file additional notice
pursuant to this paragraph; provided, however, such notice will be
A. 7040--B 6
effective at the later of its proper service under this section or thir-
ty days from the date proper notice was served under paragraph (a) of
this subdivision for the license at the same premises.
§ 3. Subdivision 3 of section 17 of the alcoholic beverage control
law, as amended by section 8 of chapter 522 of the laws of 2018, is
amended to read as follows:
3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall not exceed the sum of ten thousand
dollars as against the holder of any retail permit issued pursuant to
sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of any retail license issued pursuant to
sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty-
five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, SIXTY-FOUR-F, seventy-six-f, seventy-nine, eighty-one and
eighty-one-a of this chapter, and the sum of thirty thousand dollars as
against the holder of a license issued pursuant to sections thirty,
thirty-one, fifty-three, sixty-one-a, sixty-one-b, seventy-six, seven-
ty-six-a, and seventy-eight of this chapter, provided that the civil
penalty against the holder of a wholesale license issued pursuant to
section fifty-three of this chapter shall not exceed the sum of ten
thousand dollars where that licensee violates provisions of this chapter
during the course of the sale of beer at retail to a person for consump-
tion at home, and the sum of one hundred thousand dollars as against the
holder of any license issued pursuant to sections fifty-one, sixty-one,
and sixty-two of this chapter. Any civil penalty so imposed shall be in
addition to and separate and apart from the terms and provisions of the
bond required pursuant to section one hundred twelve of this chapter.
Provided that no appeal is pending on the imposition of such civil
penalty, in the event such civil penalty imposed by the division remains
unpaid, in whole or in part, more than forty-five days after written
demand for payment has been sent by first class mail to the address of
the licensed premises, a notice of impending default judgment shall be
sent by first class mail to the licensed premises and by first class
mail to the last known home address of the person who signed the most
recent license application. The notice of impending default judgment
shall advise the licensee: (a) that a civil penalty was imposed on the
licensee; (b) the date the penalty was imposed; (c) the amount of the
civil penalty; (d) the amount of the civil penalty that remains unpaid
as of the date of the notice; (e) the violations for which the civil
penalty was imposed; and (f) that a judgment by default will be entered
in the supreme court of the county in which the licensed premises are
located, or other court of civil jurisdiction or any other place
provided for the entry of civil judgments within the state of New York
unless the division receives full payment of all civil penalties due
within twenty days of the date of the notice of impending default judg-
ment. If full payment shall not have been received by the division with-
in thirty days of mailing of the notice of impending default judgment,
the division shall proceed to enter with such court a statement of the
default judgment containing the amount of the penalty or penalties
remaining due and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall have the
full force and effect of a default judgment duly docketed with such
court pursuant to the civil practice law and rules and shall in all
A. 7040--B 7
respects be governed by that chapter and may be enforced in the same
manner and with the same effect as that provided by law in respect to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
§ 4. Subdivision 3 of section 17 of the alcoholic beverage control
law, as amended by section 9 of chapter 522 of the laws of 2018, is
amended to read as follows:
3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall not exceed the sum of ten thousand
dollars as against the holder of any retail permit issued pursuant to
sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of any retail license issued pursuant to
sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty-
five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, SIXTY-FOUR-F, seventy-six-f, seventy-nine, eighty-one, and
eighty-one-a of this chapter, and the sum of thirty thousand dollars as
against the holder of a license issued pursuant to sections thirty,
thirty-one, fifty-three, sixty-one-a, sixty-one-b, seventy-six, seven-
ty-six-a and seventy-eight of this chapter, provided that the civil
penalty against the holder of a wholesale license issued pursuant to
section fifty-three of this chapter shall not exceed the sum of ten
thousand dollars where that licensee violates provisions of this chapter
during the course of the sale of beer at retail to a person for consump-
tion at home, and the sum of one hundred thousand dollars as against the
holder of any license issued pursuant to sections fifty-one, sixty-one
and sixty-two of this chapter. Any civil penalty so imposed shall be in
addition to and separate and apart from the terms and provisions of the
bond required pursuant to section one hundred twelve of this chapter.
Provided that no appeal is pending on the imposition of such civil
penalty, in the event such civil penalty imposed by the division remains
unpaid, in whole or in part, more than forty-five days after written
demand for payment has been sent by first class mail to the address of
the licensed premises, a notice of impending default judgment shall be
sent by first class mail to the licensed premises and by first class
mail to the last known home address of the person who signed the most
recent license application. The notice of impending default judgment
shall advise the licensee: (a) that a civil penalty was imposed on the
licensee; (b) the date the penalty was imposed; (c) the amount of the
civil penalty; (d) the amount of the civil penalty that remains unpaid
as of the date of the notice; (e) the violations for which the civil
penalty was imposed; and (f) that a judgment by default will be entered
in the supreme court of the county in which the licensed premises are
located, or other court of civil jurisdiction, or any other place
provided for the entry of civil judgments within the state of New York
unless the division receives full payment of all civil penalties due
within twenty days of the date of the notice of impending default judg-
ment. If full payment shall not have been received by the division with-
in thirty days of mailing of the notice of impending default judgment,
the division shall proceed to enter with such court a statement of the
default judgment containing the amount of the penalty or penalties
remaining due and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall have the
A. 7040--B 8
full force and effect of a default judgment duly docketed with such
court pursuant to the civil practice law and rules and shall in all
respects be governed by that chapter and may be enforced in the same
manner and with the same effect as that provided by law in respect to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided however, that the amendments to
subdivision 3 of section 17 of the alcoholic beverage control law made
by section three of this act shall be subject to the expiration and
reversion of such section pursuant to section 4 of chapter 118 of the
laws of 2012, as amended, when upon such date the provisions of section
four of this act shall take effect.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.Every fact on this page links to its source, starting with the official bill record.