§ 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. * 3. Upon receipt of an original or a renewal application for a license under this section, the applicant shall notify the clerk of the village, town or city, as the case may be, by certified mail, return receipt requested, wherein the prospective licensed premises is to be located or, in the case of an application for renewal, 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. For the purposes of the preceding sentence notification need only be given to the clerk of a village when such premises is to be located within the boundaries of the village. In the city of New York, 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 shall be considered the appropriate public body to which notification shall be given. Such municipality or community board, as the case may be, 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 authority makes its determination to grant or deny such license. * NB Effective until January 11, 2011 * 3. Upon receipt of an original or a renewal application for a license under this section, the applicant shall notify the clerk of the village, town or city, as the case may be, 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, 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. For the purposes of the preceding sentence notification need only be given to the clerk of a village when such premises is to be located within the boundaries of the village. In the city of New York, 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 shall be considered the appropriate public body to which notification shall be given. Such municipality or community board, as the case may be, 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 authority makes its determination to grant or deny such license. * NB Effective January 11, 2011 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 sell wine and beer at retail to be consumed under the same terms and conditions, without the payment of any additional fee. 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. Not more than five thousand barrels of beer per year may be brewed on any premises licensed under this section nor may any person who holds multiple licenses under this section brew, in the aggregate, 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. Except as provided in subdivisions seven, eight, nine, twelve, thirteen, fourteen and sixteen of this section, no person licensed under this section may be interested directly or indirectly in any other premises in this state where alcoholic beverages are manufactured or sold. 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 ofworship, 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. 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 socialfunctions. 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 liquor authority may in its discretion and upon such terms and conditions as it may prescribe, issue to a licensed restaurant-brewer upon his application therefor a supplemental license authorizing the restaurant-brewer to sell beer brewed on the licensed premises at retail to a person for consumption in his home, at retail in bulk by the keg, cask or barrel for consumption and not for resale at a clambake, barbecue, picnic, outing or other similar outdoor gathering at which more than fifty persons are assembled and at wholesale. Such additional license shall permit the sale of up to two hundred fifty barrels of beer per year. No person, who holds multiple licenses under this section and applies for and receives multiple supplemental licenses, may sell, under those supplemental licenses, in the aggregate more than one thousand barrels of beer per year. 13. For the exercise of the privilege granted by such supplemental license issued under subdivision twelve of this section there is assessed a fee to be paid by the licensee in the sum of eleven hundred twenty-five dollars per three-year period plus a one hundred dollar filing fee and which fee shall be in addition to the fee provided for in this section for a restaurant-brewer license. 14. An application for a supplemental license under subdivision thirteen of this section 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 subdivision thirteen of this section. 15. 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. 16. A restaurant-brewer license issued under this section and a supplemental license issued under this section shall run concurrently. 17. (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. 18. 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 thissection 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.
§ 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. * 3. Upon receipt of an original or a renewal application for a license under this section, the applicant shall notify the clerk of the village, town or city, as the case may be, by certified mail, return receipt requested, wherein the prospective licensed premises is to be located or, in the case of an application for renewal, 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. For the purposes of the preceding sentence notification need only be given to the clerk of a village when such premises is to be located within the boundaries of the village. In the city of New York, 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 shall be considered the appropriate public body to which notification shall be given. Such municipality or community board, as the case may be, 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 authority makes its determination to grant or deny such license. * NB Effective until January 11, 2011 * 3. Upon receipt of an original or a renewal application for a license under this section, the applicant shall notify the clerk of the village, town or city, as the case may be, 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, 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. For the purposes of the preceding sentence notification need only be given to the clerk of a village when such premises is to be located within the boundaries of the village. In the city of New York, 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 shall be considered the appropriate public body to which notification shall be given. Such municipality or community board, as the case may be, 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 authority makes its determination to grant or deny such license. * NB Effective January 11, 2011 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 sell wine and beer at retail to be consumed under the same terms and conditions, without the payment of any additional fee. 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. Not more than five thousand barrels of beer per year may be brewed on any premises licensed under this section nor may any person who holds multiple licenses under this section brew, in the aggregate, 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. Except as provided in subdivisions seven, eight, nine, twelve, thirteen, fourteen and sixteen of this section, no person licensed under this section may be interested directly or indirectly in any other premises in this state where alcoholic beverages are manufactured or sold. 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 ofworship, 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. 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 socialfunctions. 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 liquor authority may in its discretion and upon such terms and conditions as it may prescribe, issue to a licensed restaurant-brewer upon his application therefor a supplemental license authorizing the restaurant-brewer to sell beer brewed on the licensed premises at retail to a person for consumption in his home, at retail in bulk by the keg, cask or barrel for consumption and not for resale at a clambake, barbecue, picnic, outing or other similar outdoor gathering at which more than fifty persons are assembled and at wholesale. Such additional license shall permit the sale of up to two hundred fifty barrels of beer per year. No person, who holds multiple licenses under this section and applies for and receives multiple supplemental licenses, may sell, under those supplemental licenses, in the aggregate more than one thousand barrels of beer per year. 13. For the exercise of the privilege granted by such supplemental license issued under subdivision twelve of this section there is assessed a fee to be paid by the licensee in the sum of eleven hundred twenty-five dollars per three-year period plus a one hundred dollar filing fee and which fee shall be in addition to the fee provided for in this section for a restaurant-brewer license. 14. An application for a supplemental license under subdivision thirteen of this section 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 subdivision thirteen of this section. 15. 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. 16. A restaurant-brewer license issued under this section and a supplemental license issued under this section shall run concurrently. 17. (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. 18. 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 thissection 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.
§ 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. * 3. Upon receipt of an original or a renewal application for a license under this section, the applicant shall notify the clerk of the village, town or city, as the case may be, by certified mail, return receipt requested, wherein the prospective licensed premises is to be located or, in the case of an application for renewal, 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. For the purposes of the preceding sentence notification need only be given to the clerk of a village when such premises is to be located within the boundaries of the village. In the city of New York, 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 shall be considered the appropriate public body to which notification shall be given. Such municipality or community board, as the case may be, 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 authority makes its determination to grant or deny such license. * NB Effective until January 11, 2011 * 3. Upon receipt of an original or a renewal application for a license under this section, the applicant shall notify the clerk of the village, town or city, as the case may be, 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, 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. For the purposes of the preceding sentence notification need only be given to the clerk of a village when such premises is to be located within the boundaries of the village. In the city of New York, 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 shall be considered the appropriate public body to which notification shall be given. Such municipality or community board, as the case may be, 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 authority makes its determination to grant or deny such license. * NB Effective January 11, 2011 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 sell wine and beer at retail to be consumed under the same terms and conditions, without the payment of any additional fee. 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. Not more than five thousand barrels of beer per year may be brewed on any premises licensed under this section nor may any person who holds multiple licenses under this section brew, in the aggregate, 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. Except as provided in subdivisions seven, eight, nine, twelve, thirteen, fourteen and sixteen of this section, no person licensed under this section may be interested directly or indirectly in any other premises in this state where alcoholic beverages are manufactured or sold. 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 ofworship, 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. 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 socialfunctions. 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 liquor authority may in its discretion and upon such terms and conditions as it may prescribe, issue to a licensed restaurant-brewer upon his application therefor a supplemental license authorizing the restaurant-brewer to sell beer brewed on the licensed premises at retail to a person for consumption in his home, at retail in bulk by the keg, cask or barrel for consumption and not for resale at a clambake, barbecue, picnic, outing or other similar outdoor gathering at which more than fifty persons are assembled and at wholesale. Such additional license shall permit the sale of up to two hundred fifty barrels of beer per year. No person, who holds multiple licenses under this section and applies for and receives multiple supplemental licenses, may sell, under those supplemental licenses, in the aggregate more than one thousand barrels of beer per year. 13. For the exercise of the privilege granted by such supplemental license issued under subdivision twelve of this section there is assessed a fee to be paid by the licensee in the sum of eleven hundred twenty-five dollars per three-year period plus a one hundred dollar filing fee and which fee shall be in addition to the fee provided for in this section for a restaurant-brewer license. 14. An application for a supplemental license under subdivision thirteen of this section 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 subdivision thirteen of this section. 15. 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. 16. A restaurant-brewer license issued under this section and a supplemental license issued under this section shall run concurrently. 17. (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. 18. 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 thissection 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.
