State Codes and Statutes

Statutes > New-york > Abc > Article-4 > 55

§ 55. License  to sell beer at retail for consumption on the premises.  1.  Any person may make an application to the appropriate  board  for  a  license  to  sell  beer at retail to be consumed upon the premises. Such  application shall be in writing and  verified  and  shall  contain  such  information  as  the  liquor  authority  shall require. Such application  shall be accompanied by a check or draft for the amount required by this  article  for  such  license.  All  of  the   provisions   contained   in  subdivisions  two  and three of the preceding section shall apply to the  procedure relative to an application for a license under this section.    2. Such a license shall contain a description of the licensed premises  and in form and in substance shall be a license to  the  person  therein  specifically   designated   to   sell   beer  in  the  premises  therein  specifically licensed, at retail, to be  consumed  upon  such  premises.  Such  license shall also include the privilege of selling beer at retail  to be consumed off the premises.    * 2-a. Notwithstanding any  other  provision  of  this  chapter,  upon  receipt  in  the  city of New York of an application for a license under  this section, an application for renewal under section one hundred  nine  of  this  chapter,  or  an  application  for an alteration to a premises  licensed for consumption on the premises under section ninety-nine-d  of  this chapter, the applicant shall notify the community board established  pursuant  to  section  twenty-eight hundred of the New York city charter  with jurisdiction over the area in which such licensed premises is to be  located  by  certified  mail,  return  receipt  requested,  wherein  the  prospective  licensed  premises  is  to be located or, in the case of an  application for renewal, or alteration where it is presently located not  less than thirty days prior to the submission of its application  for  a  license  under this section or for a renewal thereof pursuant to section  one hundred nine of this chapter. Such community board  may  express  an  opinion  for  or  against the granting of such license. Any such opinion  shall be deemed part of the record upon which the liquor board makes its  determination to grant or deny such license.    * NB Effective until January 11, 2011    * 2-a. Notwithstanding any  other  provision  of  this  chapter,  upon  receipt  in  the  city of New York of an application for a license under  this section, an application for renewal under section one hundred  nine  of  this  chapter,  or  an  application  for an alteration to a premises  licensed for consumption on the premises under section ninety-nine-d  of  this chapter, the applicant shall notify the community board established  pursuant  to  section  twenty-eight hundred of the New York city charter  with jurisdiction over the area in which such licensed premises is to be  located by certified mail return receipt requested,  overnight  delivery  service  with  proof  of  mailing,  or  personal  service,  wherein  the  prospective licensed premises is to be located or, in  the  case  of  an  application for renewal, or alteration where it is presently located not  less  than  thirty days prior to the submission of its application for a  license under this section or for a renewal thereof pursuant to  section  one  hundred  nine  of this chapter. Such community board may express an  opinion for or against the granting of such license.  Any  such  opinion  shall be deemed part of the record upon which the liquor board makes its  determination to grant or deny such license.    * NB Effective January 11, 2011    3.  No  such  license  shall be issued, however, to any person for any  premises other than premises for which a license  may  be  issued  under  section  sixty-four  or  sixty-four-a  of  this  chapter  or  a hotel or  premises which are kept, used, maintained, advertised or held out to the  public to be a place where food is prepared and served  for  consumption  on  the  premises  in such quantities as to satisfy the liquor authoritythat the sale of beer intended is incidental to and not the prime source  of revenue from the operation of such premises. The foregoing provisions  of this subdivision shall not apply to any premises located at,  in,  or  on the area leased by the city of New York to New York World's Fair 1964  Corporation   pursuant   to  the  provisions  of  chapter  four  hundred  twenty-eight of the laws of nineteen hundred  sixty,  as  amended  by  a  chapter  of  the  laws of nineteen hundred sixty-one, during the term or  duration of such lease. Such license  may  also  include  such  suitable  space  outside  of  the  licensed  premises  and  adjoining it as may be  approved by the liquor authority.

State Codes and Statutes

Statutes > New-york > Abc > Article-4 > 55

§ 55. License  to sell beer at retail for consumption on the premises.  1.  Any person may make an application to the appropriate  board  for  a  license  to  sell  beer at retail to be consumed upon the premises. Such  application shall be in writing and  verified  and  shall  contain  such  information  as  the  liquor  authority  shall require. Such application  shall be accompanied by a check or draft for the amount required by this  article  for  such  license.  All  of  the   provisions   contained   in  subdivisions  two  and three of the preceding section shall apply to the  procedure relative to an application for a license under this section.    2. Such a license shall contain a description of the licensed premises  and in form and in substance shall be a license to  the  person  therein  specifically   designated   to   sell   beer  in  the  premises  therein  specifically licensed, at retail, to be  consumed  upon  such  premises.  Such  license shall also include the privilege of selling beer at retail  to be consumed off the premises.    * 2-a. Notwithstanding any  other  provision  of  this  chapter,  upon  receipt  in  the  city of New York of an application for a license under  this section, an application for renewal under section one hundred  nine  of  this  chapter,  or  an  application  for an alteration to a premises  licensed for consumption on the premises under section ninety-nine-d  of  this chapter, the applicant shall notify the community board established  pursuant  to  section  twenty-eight hundred of the New York city charter  with jurisdiction over the area in which such licensed premises is to be  located  by  certified  mail,  return  receipt  requested,  wherein  the  prospective  licensed  premises  is  to be located or, in the case of an  application for renewal, or alteration where it is presently located not  less than thirty days prior to the submission of its application  for  a  license  under this section or for a renewal thereof pursuant to section  one hundred nine of this chapter. Such community board  may  express  an  opinion  for  or  against the granting of such license. Any such opinion  shall be deemed part of the record upon which the liquor board makes its  determination to grant or deny such license.    * NB Effective until January 11, 2011    * 2-a. Notwithstanding any  other  provision  of  this  chapter,  upon  receipt  in  the  city of New York of an application for a license under  this section, an application for renewal under section one hundred  nine  of  this  chapter,  or  an  application  for an alteration to a premises  licensed for consumption on the premises under section ninety-nine-d  of  this chapter, the applicant shall notify the community board established  pursuant  to  section  twenty-eight hundred of the New York city charter  with jurisdiction over the area in which such licensed premises is to be  located by certified mail return receipt requested,  overnight  delivery  service  with  proof  of  mailing,  or  personal  service,  wherein  the  prospective licensed premises is to be located or, in  the  case  of  an  application for renewal, or alteration where it is presently located not  less  than  thirty days prior to the submission of its application for a  license under this section or for a renewal thereof pursuant to  section  one  hundred  nine  of this chapter. Such community board may express an  opinion for or against the granting of such license.  Any  such  opinion  shall be deemed part of the record upon which the liquor board makes its  determination to grant or deny such license.    * NB Effective January 11, 2011    3.  No  such  license  shall be issued, however, to any person for any  premises other than premises for which a license  may  be  issued  under  section  sixty-four  or  sixty-four-a  of  this  chapter  or  a hotel or  premises which are kept, used, maintained, advertised or held out to the  public to be a place where food is prepared and served  for  consumption  on  the  premises  in such quantities as to satisfy the liquor authoritythat the sale of beer intended is incidental to and not the prime source  of revenue from the operation of such premises. The foregoing provisions  of this subdivision shall not apply to any premises located at,  in,  or  on the area leased by the city of New York to New York World's Fair 1964  Corporation   pursuant   to  the  provisions  of  chapter  four  hundred  twenty-eight of the laws of nineteen hundred  sixty,  as  amended  by  a  chapter  of  the  laws of nineteen hundred sixty-one, during the term or  duration of such lease. Such license  may  also  include  such  suitable  space  outside  of  the  licensed  premises  and  adjoining it as may be  approved by the liquor authority.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Abc > Article-4 > 55

§ 55. License  to sell beer at retail for consumption on the premises.  1.  Any person may make an application to the appropriate  board  for  a  license  to  sell  beer at retail to be consumed upon the premises. Such  application shall be in writing and  verified  and  shall  contain  such  information  as  the  liquor  authority  shall require. Such application  shall be accompanied by a check or draft for the amount required by this  article  for  such  license.  All  of  the   provisions   contained   in  subdivisions  two  and three of the preceding section shall apply to the  procedure relative to an application for a license under this section.    2. Such a license shall contain a description of the licensed premises  and in form and in substance shall be a license to  the  person  therein  specifically   designated   to   sell   beer  in  the  premises  therein  specifically licensed, at retail, to be  consumed  upon  such  premises.  Such  license shall also include the privilege of selling beer at retail  to be consumed off the premises.    * 2-a. Notwithstanding any  other  provision  of  this  chapter,  upon  receipt  in  the  city of New York of an application for a license under  this section, an application for renewal under section one hundred  nine  of  this  chapter,  or  an  application  for an alteration to a premises  licensed for consumption on the premises under section ninety-nine-d  of  this chapter, the applicant shall notify the community board established  pursuant  to  section  twenty-eight hundred of the New York city charter  with jurisdiction over the area in which such licensed premises is to be  located  by  certified  mail,  return  receipt  requested,  wherein  the  prospective  licensed  premises  is  to be located or, in the case of an  application for renewal, or alteration where it is presently located not  less than thirty days prior to the submission of its application  for  a  license  under this section or for a renewal thereof pursuant to section  one hundred nine of this chapter. Such community board  may  express  an  opinion  for  or  against the granting of such license. Any such opinion  shall be deemed part of the record upon which the liquor board makes its  determination to grant or deny such license.    * NB Effective until January 11, 2011    * 2-a. Notwithstanding any  other  provision  of  this  chapter,  upon  receipt  in  the  city of New York of an application for a license under  this section, an application for renewal under section one hundred  nine  of  this  chapter,  or  an  application  for an alteration to a premises  licensed for consumption on the premises under section ninety-nine-d  of  this chapter, the applicant shall notify the community board established  pursuant  to  section  twenty-eight hundred of the New York city charter  with jurisdiction over the area in which such licensed premises is to be  located by certified mail return receipt requested,  overnight  delivery  service  with  proof  of  mailing,  or  personal  service,  wherein  the  prospective licensed premises is to be located or, in  the  case  of  an  application for renewal, or alteration where it is presently located not  less  than  thirty days prior to the submission of its application for a  license under this section or for a renewal thereof pursuant to  section  one  hundred  nine  of this chapter. Such community board may express an  opinion for or against the granting of such license.  Any  such  opinion  shall be deemed part of the record upon which the liquor board makes its  determination to grant or deny such license.    * NB Effective January 11, 2011    3.  No  such  license  shall be issued, however, to any person for any  premises other than premises for which a license  may  be  issued  under  section  sixty-four  or  sixty-four-a  of  this  chapter  or  a hotel or  premises which are kept, used, maintained, advertised or held out to the  public to be a place where food is prepared and served  for  consumption  on  the  premises  in such quantities as to satisfy the liquor authoritythat the sale of beer intended is incidental to and not the prime source  of revenue from the operation of such premises. The foregoing provisions  of this subdivision shall not apply to any premises located at,  in,  or  on the area leased by the city of New York to New York World's Fair 1964  Corporation   pursuant   to  the  provisions  of  chapter  four  hundred  twenty-eight of the laws of nineteen hundred  sixty,  as  amended  by  a  chapter  of  the  laws of nineteen hundred sixty-one, during the term or  duration of such lease. Such license  may  also  include  such  suitable  space  outside  of  the  licensed  premises  and  adjoining it as may be  approved by the liquor authority.