N.Y. Alcoholic Beverage Control Law § 3: Definitions

§ 3. Definitions. Whenever used in this chapter, unless the context

requires otherwise:

1. "Alcoholic beverage" or "beverage" mean and include alcohol,

spirits, liquor, wine, beer, cider and every liquid, solid, powder or

crystal, patented or not, containing alcohol, spirits, wine or beer and

capable of being consumed by a human being, and any warehouse receipt,

certificate, contract or other document pertaining thereto; except that

confectionery containing alcohol as provided by subdivision twelve of

section two hundred of the agriculture and markets law and ice cream and

other frozen desserts made with liquor, wine, beer or cider as provided

in subdivision fifteen of section two hundred of the agriculture and

markets law shall not be regulated as an "alcoholic beverage" or

"beverage" within the meaning of this section where the sale, delivery

or giving away is to a person aged twenty-one years or older. The sale,

delivery or giving away of ice cream or other frozen desserts made with

liquor, wine, beer or cider to a person under the age of twenty-one

years may be prosecuted administratively and/or criminally in accordance

with the provisions of this chapter.

2. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit of

wine from whatever source or by whatever processes produced.

3. "Beer" means and includes any fermented beverages of any name or

description manufactured from malt, wholly or in part, or from any

substitute therefor.

3-a. "Biomass feedstock" shall mean any substance, other than oil,

natural gas, coal, shale or products derived from any of these which is

capable of being converted into alcohol, including but not be limited to

wood and other forest materials, animal manure, municipal wastes, food

crops and other agricultural materials.

3-b. "Bona fide retailer association" shall mean an association of

retailers holding licenses under this chapter, organized under the

non-profit or not-for-profit laws of this state, and possessing a

federal tax exemption under section 501(c) of the Internal Revenue Code

of the United States.

3-c. "Braggot" shall mean a malt alcoholic beverage made primarily

from honey, water, and malt and/or hops; it may also contain fruits,

spices, herbs, grain or other agricultural products. Honey shall

represent at least fifty-one percent of the starting fermentable sugars

by weight of the finished product. For the purposes of this chapter,

braggot shall be designated and sold as a beer.

4. "Brewery" means and includes any place or premises where beer is

manufactured for sale; and all offices, granaries, mashrooms,

cooling-rooms, vaults, yards, and storerooms connected therewith or

where any part of the process of manufacture of beer is carried on, or

where any apparatus connected with such manufacture is kept or used, or

where any of the products of brewing or fermentation are stored or kept,

shall be deemed to be included in and to form part of the brewery to

which they are attached or are appurtenant.

5. "Brewer" means any person who owns, occupies, carries on, works, or

conducts any brewery, either by himself or by his agent.

6. "Board" or "local board" or "appropriate board" or "board having

jurisdiction" shall mean the state liquor authority.

7. "Building containing licensed premises" shall include the licensed

premises and also any part of a building in which such premises is

contained and any part of any other building connected with such

building by direct access or by a common entrance.

7-a. (a) "Catering establishment" means and includes any premises

owned or operated by any person, firm, association, partnership or

corporation who or which regularly and in a bona fide manner furnishes

for hire therein one or more ballrooms, reception rooms, dining rooms,

banquet halls, dancing halls or similar places of assemblage for a

particular function, occasion or event and/or who or which furnishes

provisions and service for consumption or use at such function, occasion

or event. Such premises must have suitable and adequate facilities and

accommodations to provide food and service for not less than fifty

persons at any one function, occasion or event and shall in no event be

deemed to include any taxi dance hall or any other premises at which

public dances are regularly scheduled to be held daily, weekly or

monthly and to which the general public is invited.

(b) "Off-premises catering establishment" means and includes any

premises owned or operated by any person, firm, association, partnership

or corporation who or which regularly and in a bona fide manner

furnishes for hire at a site remote from the premises for a particular

function, occasion, or event provisions and service for consumption or

use at such function, occasion or event. Such premises must have

suitable and adequate facilities to provide food for not less than fifty

persons. On-premises consumption shall not be allowed at such premises.

7-b. (a) "Cider" means the partially or fully fermented juice of

fresh, whole apples or other pome fruits, containing more than three and

two-tenths per centum but not more than eight and one-half per centum

alcohol by volume: (i) to which nothing has been added to increase the

alcoholic content produced by natural fermentation; and (ii) with the

usual cellar treatments and necessary additions to correct defects due

to climate, saccharine levels and seasonal conditions. Nothing contained

in this subdivision shall be deemed to preclude the use of such methods

or materials as may be necessary to encourage a normal alcoholic

fermentation and to make a product that is free of microbiological

activity at the time of sale. Cider may be sweetened or flavored after

fermentation with fruit juice, fruit juice concentrate, sugar, maple

syrup, honey, spices or other agricultural products, separately or in

combination. Cider may contain retained or added carbon dioxide.

(b) In the event that an alcoholic beverage meets the definition of

both a cider, as defined in this subdivision, and a wine, as defined in

subdivision thirty-six of this section, the brand or trade name label

owner of such alcoholic beverage shall designate whether such alcoholic

beverage shall be sold as a cider or a wine for all purposes under this

chapter.

7-c. "Cidery" means and includes any place or premises wherein cider

is manufactured for sale.

7-d. "Farm cidery" means and includes any place or premises, located

on a farm in New York state, in which New York state labelled cider is

manufactured, stored and sold, or any other place or premises in New

York state in which New York state labelled cider is manufactured,

stored and sold.

8. "Convicted" and "conviction" include and mean a finding of guilt

resulting from a plea of guilty, the decision of a court or magistrate

or the verdict of a jury, irrespective of the pronouncement of judgment

or the suspension thereof.

9. "Club" shall mean an organization of persons incorporated pursuant

to the provisions of the not-for-profit corporation law or the

benevolent orders law, which is the owner, lessee or occupant of a

building used exclusively for club purposes, and which does not traffic

in alcoholic beverages for profit and is operated solely for a

recreational, social, patriotic, political, benevolent or athletic

purpose but not for pecuniary gain; except that where such club is

located in an office or business building, or state armory, it may be

licensed as such provided it otherwise qualifies as a "club" within the

meaning of this subdivision. A "luncheon club" shall mean a club which

is open only on week days during the hours between eleven o'clock in the

morning and three o'clock in the afternoon. A "member" of a club shall

mean a person who whether a charter member or admitted in agreement with

the by-laws of the club, has become a bona fide member thereof, who

maintains his or her membership by the payment of his or her annual dues

in a bona fide manner in accordance with the by-laws and whose name and

address is entered on the list of members; or in the case of a veterans

club where a person has in his or her possession an identification card

indicating his or her membership in the national veterans' organization

with which the club at which he or she is present is affiliated. For the

purposes of this section a veterans club shall include but not be

limited to the Grand Army of the Republic, the United Spanish War

Veterans, the Veterans of Foreign Wars, the Jewish War Veterans of the

United States, Inc., the Catholic War Veterans, Inc., the Italian

American War Veterans of the United States, Incorporated, the Polish

Legion of American Veterans, Inc., the Marine Corps League, the Military

Order of the Purple Heart, Inc., the American Legion, the Disabled

American Veterans, AMVETS, American Veterans of World War II, Masonic

War Veterans of the State of New York, Inc., Veterans of World War I of

the United States of America Department of New York, Inc.,

China-Burma-India Veterans Association, Inc., Polish-American Veterans

of World War II, the Sons of Union Veterans, Vietnam Veterans of

America, the Eastern Paralyzed Veterans Association, the Sons of the

American Legion, or the American Legion Auxiliary. In the case of a

chapter or lodge of a not-for-profit corporation or a benevolent order

qualifying as an organization described in section 501(c)(8) or

501(c)(10) of the United States internal revenue code, a member of

another chapter or lodge of such not-for-profit corporation or

benevolent order who has in his or her possession an identification card

or other proof of membership shall be deemed to be a member. A club and

a luncheon club shall appoint an alcoholic beverage officer from among

its members who shall be responsible for filing all applications and

other documents required to be submitted to the authority. The person

appointed alcoholic beverage officer shall be subject to approval by the

authority.

9-a. "Custom crush facility" means a licensed winery or farm winery

which obtains grapes, fruits and other plants grown exclusively in New

York state from, or on behalf of, other licensed wineries or farm

wineries and crushes, processes, ferments, bottles or conducts any

combination of such services for such other licensed wineries or farm

wineries.

10. "Distiller" means any person who owns, occupies, carries on,

works, conducts or operates any distillery either by himself or by his

agent.

11. "Distillery" means and includes any place or premises wherein any

liquors are manufactured for sale.

11-a. "Farm distillery" means and includes any place or premises

located on a farm in New York state in which liquor is manufactured and

sold, or any other place or premises in New York state in which liquor

is manufactured primarily from farm and food products, as defined in

subdivision two of section two hundred eighty-two of the agriculture and

markets law, and such liquor is sold.

12. "Drug store" means a place registered by the New York state board

of pharmacy for the sale of drugs.

12-a. "Farm winery" means and includes any place or premises, located

on a farm in New York state, in which wine is manufactured and sold.

12-aa. "Farm" means the land, buildings and equipment used to produce,

prepare and market crops, livestock and livestock products as a

commercial enterprise. For the purposes of a farm meadery, farm means

the land, buildings and equipment used to prepare and market honey and

apiary products as a commercial enterprise. A farm may consist of one or

more parcels of owned or rented land, which parcels may be contiguous or

noncontiguous to each other.

12-aaa. "Farm brewery" means and includes any place or premises,

located on a farm in New York state, in which New York state labelled

beer is manufactured, stored and sold, or any other place or premises in

New York state in which New York state labelled beer is manufactured,

stored and sold.

12-aaaa. "Farm meadery" means and includes any place or premises,

located on a farm in New York state, in which New York state labelled

mead or New York state labelled braggot is manufactured, stored and

sold, or any other place or premises in New York state in which New York

state labelled mead or New York state labelled braggot is manufactured,

stored and sold.

12-b. "Felony" shall mean any criminal offense classified as a felony

under the laws of this state or any criminal offense committed in any

other state, district, or territory of the United States and classified

as a felony therein which if committed within this state, would

constitute a felony in this state.

12-c. "Government agency" means any department, division, board,

bureau, commission, office, agency, authority or public corporation of

the state or federal government or a county, city, town or village

government within the state.

13. "Grocery store" means any retail establishment where foodstuffs

are regularly and customarily sold in a bona fide manner for the

consumption off the premises.

14. "Hotel" shall mean a building which is regularly used and kept

open as such in bona fide manner for the feeding and lodging of guests,

where all who conduct themselves properly and who are able and ready to

pay for such services are received if there be accommodations for them.

The term "hotel" shall also include an apartment hotel wherein

apartments are rented for fixed periods of time, either furnished or

unfurnished, where the keeper of such hotel regularly supplies food to

the occupants thereof in a premises which serves food in compliance with

section sixty-four-a of this chapter, or a restaurant located in such

hotel. "Hotel" shall also mean and include buildings (commonly called a

motel) upon the same lot of land and owned or in possession under a

lease in writing by the same person or firm who maintains such buildings

for the lodging of guests and supplies them with food from a premises

which serves food in compliance with section sixty-four-a of this

chapter, or restaurant located upon the same premises.

14-a. "Custom beermakers' center" means a facility that provides one

or more individuals with rental space, the use of equipment and storage

facilities, and/or beer making supplies to manufacture beer for personal

household use and not for resale in accordance with state and federal

laws, rules, and regulations.

14-b. "Custom cidermakers' center" means a facility that provides one

or more individuals with rental space, the use of equipment and storage

facilities, and/or fruit to manufacture cider for personal household use

and not for resale in accordance with state and federal laws, rules and

regulations.

14-c. "Custom winemakers' center" means a facility that provides one

or more individuals with rental space, the use of equipment and storage

facilities, and/or fruit to manufacture wine for personal household use

and not for resale in accordance with state and federal laws, rules and

regulations.

15. "Liquor authority" and "authority" mean the state liquor authority

provided for in this chapter.

17. "License" means a license issued pursuant to this chapter.

17-a. "Seven day license" means a license issued pursuant to this

chapter and where the off premise retail license holder may remain open

to the consumer all seven days of the week.

18. "Licensee" means any person to whom a license has been issued

pursuant to this chapter.

19. "Liquor" means and includes any and all distilled or rectified

spirits, brandy, whiskey, rum, gin, cordials or similar distilled

alcoholic beverages, including all dilutions and mixtures of one or more

of the foregoing.

19-a. "Mead" shall mean a wine made primarily from honey and water; it

may also contain hops, fruits, spices, herbs, grain, or other

agricultural products. Honey shall represent at least fifty-one percent

of the starting fermentable sugars by weight of the finished product.

The brand or trade label owner of such alcoholic beverage shall

designate whether such alcoholic beverage shall be sold as and treated

in the same manner as wine or mead for all purposes under this chapter.

Provided, however, any mead containing more than eight and one-half per

centum alcohol by volume shall be designated, sold as, and treated in

the same manner as wine.

20. "Manufacturer" means and includes a distiller, brewer, vintner and

rectifier; "Manufacture" means and includes distilling, rectifying,

brewing and operating a winery.

20-a. "New York state labelled wine" means wine made from grapes or

other fruits, at least seventy-five percent the volume of which were

grown in New York state.

20-b. "Micro-winery" means and includes any place or premises located

on a farm in New York state in which wine or cider is manufactured and

sold.

20-c. "New York state labelled liquor" means liquors made from fruit,

vegetables, grain and grain products, honey, maple sap or other

agricultural products, at least seventy-five percent the volume of which

were grown or produced in New York state.

20-d. "New York state labelled beer" means:

(a) from the effective date of this subdivision until December

thirty-first, two thousand eighteen, beer made with no less than twenty

percent, by weight, of its hops grown in New York state and no less than

twenty percent, by weight, of all of its other ingredients, excluding

water, grown in New York state;

(b) from January first, two thousand nineteen until December

thirty-first, two thousand twenty-eight, beer made with no less than

sixty percent, by weight, of its hops grown in New York state and no

less than sixty percent, by weight, of all of its other ingredients,

excluding water, grown in New York state; and

(c) from January first, two thousand twenty-nine and thereafter, beer

made with no less than ninety percent, by weight, of its hops grown in

New York state and no less than ninety percent, by weight, of all of its

other ingredients, excluding water, grown in New York state.

20-e. "New York state labelled cider" means cider made exclusively

from apples or other pome fruits grown in New York state.

20-f. "New York state labelled braggot" means braggot made exclusively

from honey produced in New York state.

20-g. "New York state labelled mead" means mead made exclusively from

honey produced in New York state.

21. "Permittee" means any person to whom a permit has been issued

pursuant to this chapter.

22. "Person" includes an individual, copartnership, corporations,

society, joint stock company, alcoholic beverage officer appointed by a

club or a luncheon club or limited liability company.

23. "Population" means the number of inhabitants as determined by the

last preceding federal census.

24. "Rectifier" means and includes any person who rectifies, purifies

or refines distilled spirits or wines by any process other than as

provided for on distillery premises and every person who, without

rectifying, purifying or refining distilled spirits, shall, by mixing

such spirits, wine or other liquor with water or any materials,

manufactures any imitation of or compounds liquors for sale under the

name of whiskey, brandy, gin, rum, wine, spirits, cordials, bitters or

any other name.

25. "Retail sale" or "sale at retail" means a sale to a consumer or to

any person for any purpose other than for resale.

26. "Retailer" means any person who sells at retail any beverage for

the sale of which a license is required under the provisions of this

chapter.

27. "Restaurant" shall mean a place which is regularly and in a bona

fide manner used and kept open for the serving of meals to guests for

compensation and which has suitable kitchen facilities connected

therewith, containing conveniences for cooking an assortment of foods,

which may be required for ordinary meals, the kitchen of which must, at

all times, be in charge of a chef with the necessary help, and kept in a

sanitary condition with the proper amount of refrigeration for keeping

of food on said premises and must comply with all the regulations of the

local department of health. Restaurant shall include a motion picture

theatre, movie theatre or other venue that shows motion pictures that

meet the definitions of restaurant and meals, and all seating is at

tables where meals are served. "Meals" shall mean the usual assortment

of foods commonly ordered at various hours of the day; the service of

such food and victuals only as sandwiches or salads shall not be deemed

a compliance with this requirement. "Guests" shall mean persons who,

during the hours when meals are regularly served therein, come to a

restaurant for the purpose of obtaining, and actually order and obtain

at such time, in good faith, a meal therein. Nothing in this subdivision

contained, however, shall be construed to require that any food be sold

or purchased with any beverage.

27-a. "Roadside farm market" means any retailer authorized to sell New

York state labelled wine pursuant to section seventy-six-f of this

chapter.

28. "Sale" means any transfer, exchange or barter in any manner or by

any means whatsoever for a consideration, and includes and means all

sales made by any person, whether principal, proprietor, agent, servant

or employee of any alcoholic beverage and/or a warehouse receipt

pertaining thereto. "To sell" includes to solicit or receive an order

for, to keep or expose for sale, and to keep with intent to sell and

shall include the delivery of any alcoholic beverage in the state.

29. "Spirits" means any beverage which contains alcohol obtained by

distillation mixed with drinkable water and other substances in

solution.

30. "Traffic in" includes to manufacture and sell any alcoholic

beverage at wholesale or retail.

30-a. "Transfer" means the administrative processes involved in

issuing a license to a new applicant for an existing licensed business.

Transfer applicants shall be under contract with the existing licensee

for purchase of the existing licensed business.

31. "Vehicle" shall include any device in, upon or by which any person

or property is or may be transported or drawn upon a public highway,

road, street or public place.

32. "Vessel" includes any ship or boat of any kind whatsoever, whether

propelled by steam or otherwise and whether used as a sea-going vessel

or on inland waters which is properly equipped for the service of

alcoholic beverages.

33. "Vintner" means any person who owns, occupies, carries on, works,

conducts or operates any winery either by himself or by his agent.

34. "Wholesale sale" or "sale at wholesale" means a sale to any person

for purposes of resale.

35. "Wholesaler" means any person who sells at wholesale any beverage

for the sale of which a license is required under the provisions of this

chapter.

36. "Wine" means the product of the normal alcoholic fermentation of

the juice of fresh, sound, ripe grapes, or other fruits or plants with

the usual cellar treatment and necessary additions to correct defects

due to climatic, saccharine and seasonal conditions, including

champagne, sparkling and fortified wine of an alcoholic content not to

exceed twenty-four per centum by volume. Wine produced from fruits or

plants other than grapes shall include appropriate prefixes descriptive

of the fruit or the product from which such wine was predominantly

produced, and no other product shall be called "wine" unless designated

as artificial or imitation wine.

36-a. "Wine product" means a beverage containing wine to which is

added concentrated or unconcentrated juice, flavoring material, water,

citric acid, sugar and carbon dioxide and containing not more than six

per centum alcohol by volume, to which nothing other than such wine has

been added to increase the alcoholic content of such beverage.

37. "Winery" means and includes any place or premises wherein wines

are manufactured from any fruit or brandies distilled as the by-product

of wine or other fruit or cordials compounded and also includes a winery

for the manufacture of wine in any state other than New York state and

which has and maintains a branch factory, office or storeroom within the

state of New York and receives wine in this state consigned to a United

States government bonded winery, warehouse or storeroom located within

the state.

38. "Warehouse" means and includes a place in which alcoholic

beverages are housed or stored.