N.Y. Alcoholic Beverage Control Law § 64-c: License to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer

§ 64-c. License to manufacture and sell alcoholic beverages in a

premises commonly known as a restaurant-brewer. 1. Any person may make

an application to the state liquor authority for a license to operate a

restaurant-brewer.

2. Such application shall be in such form and shall contain such

information as shall be required by the liquor authority and shall be

accompanied by a check or draft in the amount required by this section

for such license.

4. Section fifty-four of this chapter shall control so far as

applicable the procedure in connection with such application.

5. Such restaurant-brewer license shall in form and in substance be a

license to the person specifically licensed to operate a restaurant and

sell liquor at retail to be consumed on the premises specifically

licensed. Such license shall also be deemed to include a license to:

(a) sell wine and beer at retail to be consumed under the same terms

and conditions, without the payment of any additional fee;

(b) sell beer brewed on the premises to other retail licensees, where

such other retail license is held by the same person holding the

restaurant-brewer license, or such other retail license is a commonly

owned affiliate license, provided that such beer is sold through a New

York state licensed beer wholesaler;

(c) sell no more than two thousand barrels of beer brewed on the

premises to other retail licensees, where such other retail license is

not held by the same person holding the restaurant-brewer license, and

such other retail license is not a commonly owned affiliate license,

provided that such beer is sold through a New York state licensed beer

wholesaler; provided however such licensee may sell at wholesale without

the use of a licensed beer wholesaler up to two hundred fifty barrels of

those two thousand barrels to other retail licensees, where such other

retail license is not held by the same person holding the

restaurant-brewer license, and such other retail license is not a

commonly owned affiliate license; and

(d) sell no more than two thousand barrels of beer brewed on the

licensed premises at retail to a person for consumption in their home

and at retail in bulk by the keg, cask or barrel for consumption and not

for resale.

6. A license under this section may only be granted to a person who

regularly and in a bona fide manner brews beer on the premises.

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

this section.

8. A person holding one or more licenses under this section may brew,

in the aggregate, no more than twenty thousand barrels of beer per year.

9. On or within thirty days of the effective date of this section, any

person who holds a brewer's license under section fifty-one of this

chapter as well as a license to sell beer, wine and liquor at retail for

consumption on the premises may file an application with the liquor

authority to convert those licenses into a license under this section.

Such an application shall be granted by the authority except for good

cause shown. The granting of such an application shall constitute

conversion of said license into a restaurant-brewer license subject to

the provisions of this chapter applicable to restaurant-brewers licenses

issued under this section.

10. (a) For purposes of sections one hundred one and one hundred six

of this chapter, a person licensed under this section shall be deemed a

"retailer" as that term is defined within section three of this chapter.

Notwithstanding any provision of this chapter to the contrary, a person

licensed under this section may also be licensed (or interested directly

or indirectly in a license) to sell liquor at retail to be consumed on

or off the premises under section fifty-four, fifty-four-a, fifty-five,

fifty-five-a, seventy-nine or eighty-one of this chapter or sections

sixty-four, sixty-four-a, sixty-four-b and sixty-four-d of this article.

(b) No manufacturer or wholesaler of alcoholic beverages may be

granted a license to operate a restaurant-brewer pursuant to this

section. Any person who has an interest in premises eligible for

conversion under subdivision nine of this section shall not be issued

any license under this section unless and until a conversion application

has been filed with and approved by the authority.

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

which shall be:

(i) on the same street or avenue and within two hundred feet of a

building occupied exclusively as a school, church, synagogue or other

place of worship; or

(ii) in a city, town or village having a population of twenty thousand

or more within five hundred feet of three or more existing premises

licensed and operating pursuant to the provisions of this section or

sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of

this article; or

(iii) the measurements in subparagraphs (i) and (ii) of this paragraph

are to be taken in straight lines from the center of the nearest

entrance of the premises sought to be licensed to the center of the

nearest entrance of such school, church, synagogue or other place of

worship or to the center of the nearest entrance of each such premises

licensed and operating pursuant to this section and sections sixty-four,

sixty-four-a, sixty-four-b and/or sixty-four-d of this article; except

that no license shall be denied to any premises at which a license under

this chapter has been in existence continuously from a date prior to the

date when a building on the same street or avenue and within two hundred

feet of said premises has been occupied exclusively as a school, church,

synagogue or other place of worship and except that no license shall be

denied to any premises, which is within five hundred feet of three or

more existing premises licensed and operating pursuant to this section

and sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d

of this article, at which a license under this chapter has been in

existence continuously on or prior to November first, nineteen hundred

ninety-three.

(b) Within the context of this subdivision, the word "entrance" shall

mean a door of a school, of a house of worship, or premises licensed and

operating pursuant to this section and sections sixty-four,

sixty-four-a, sixty-four-b and/or sixty-four-d of this article or of the

premises sought to be licensed, regularly used to give ingress to

students of the school, to the general public attending the place of

worship, and to patrons or guests of the premises licensed and operating

pursuant to this section and sections sixty-four, sixty-four-a,

sixty-four-b and/or sixty-four-d of this article or of the premises

sought to be licensed, except that where a school or house of worship or

premises licensed and operating pursuant to this section and sections

sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of this

article is set back from a public thoroughfare, the walkway or stairs

leading to any such door shall be deemed an entrance; and the

measurement shall be taken to the center of the walkway or stairs at the

point where it meets the building line or public thoroughfare. A door

which has no exterior hardware, or which is used solely as an emergency

or fire exit, or for maintenance purposes, or which leads directly to a

part of a building not regularly used by the general public or patrons,

is not deemed an "entrance".

(c) Notwithstanding the provisions of subparagraph (ii) of paragraph

(a) of this subdivision, the authority may issue a license pursuant to

this section for a premises which shall be within five hundred feet of

three or more existing premises licensed and operating pursuant to this

section and sections sixty-four, sixty-four-a, sixty-four-b and/or

sixty-four-d of this article if, after consultation with the

municipality or community board, it determines that granting such

license would be in the public interest. Before it may issue any such

license, the authority shall conduct a hearing, upon notice to the

applicant and the municipality or community board, and shall state and

file in its office its reasons therefor. The hearing may be rescheduled,

adjourned or continued, and the authority shall give notice to the

applicant and the municipality or community board of any such

rescheduled, adjourned or continued hearing. Before the authority issues

any said license, the authority or one or more of the commissioners

thereof may, in addition to the hearing required by this paragraph, also

conduct a public meeting regarding said license, upon notice to the

applicant and the municipality or community board. The public meeting

may be rescheduled, adjourned or continued, and the authority shall give

notice to the applicant and the municipality or community board of any

such rescheduled, adjourned or continued public meeting. Notice to the

municipality or community board shall mean written notice mailed by the

authority to such municipality or community board at least fifteen days

in advance of any hearing scheduled pursuant to this paragraph. Upon the

request of the authority, any municipality or community board may waive

the fifteen day notice requirement. No premises having been granted a

license pursuant to this section shall be denied a renewal of such

license upon the grounds that such premises are within five hundred feet

of a building or buildings wherein three or more premises are operating

and licensed pursuant to this section or sections sixty-four,

sixty-four-a, sixty-four-b and/or sixty-four-d of this article.

(d) Within the context of this subdivision, a building occupied as a

place of worship does not cease to be "exclusively" occupied as a place

of worship by incidental uses that are not of a nature to detract from

the predominant character of the building as a place of worship, such

uses which include, but which are not limited to: the conduct of legally

authorized games of bingo or other games of chance held as a means of

raising funds for the not-for-profit religious organization which

conducts services at the place of worship or for other not-for-profit

organizations or groups; use of the building for fund-raising

performances by or benefitting the not-for-profit religious organization

which conducts services at the place of worship or other not-for-profit

organizations or groups; the use of the building by other religious

organizations or groups for religious services or other purposes; the

conduct of social activities by or for the benefit of the congregants;

the use of the building for meetings held by organizations or groups

providing bereavement counseling to persons having suffered the loss of

a loved one, or providing advice or support for conditions or diseases

including, but not limited to, alcoholism, drug addiction, cancer,

cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use of

the building for blood drives, health screenings, health information

meetings, yoga classes, exercise classes or other activities intended to

promote the health of the congregants or other persons; and use of the

building by non-congregant members of the community for private social

functions. The building occupied as a place of worship does not cease to

be "exclusively" occupied as a place of worship where the not-for-profit

religious organization occupying the place of worship accepts the

payment of funds to defray costs related to another party's use of the

building.

12. The fee for an original and a renewal restaurant-brewer license

shall be fifty-eight hundred fifty dollars in the counties of New York,

Kings, Bronx and Queens; forty-three hundred fifty dollars in the county

of Richmond and in cities having a population of more than one hundred

thousand and less than one million; thirty-six hundred dollars in cities

having a population of more than fifty thousand and less than one

hundred thousand; and the sum of twenty-eight hundred fifty dollars

elsewhere. Said license shall run for a period of three years. In

addition to the license fees provided for in this subdivision, there

shall be paid to the authority with each initial application a filing

fee of two hundred dollars and with each renewal application a filing

fee of one hundred dollars.

13. (a) A licensee or his or her employee may serve small samples of

beer or malt beverages he or she produces at their licensed

establishments.

(b) Each serving at such tasting shall be served only by the brewer or

his or her employee and shall be limited to three ounces or less of a

brand of beer or malt beverage produced by the brewer and no consumer of

legal age shall be provided or given more than two servings of such

brands offered for tasting.

(c) The authority is authorized and directed to promulgate such rules

and regulations, as it deems necessary or appropriate to implement the

provisions of this subdivision to protect the health, safety and welfare

of the people of this state.

14. Notwithstanding the provisions of subdivision six of this section

or of subdivision thirteen of section one hundred six of this chapter,

the authority may issue a restaurant brewer's license pursuant to this

section for a premises which shall be located wholly within the town of

Ulster, county of Ulster, state of New York, bounded and described as

follows:

ALL that certain plot, piece or parcel of land with the buildings and

improvements thereon erected, situate, lying and being in the Town of

Ulster, County of Ulster and the State of New York, bounded and

described as follows:

BEGINNING at a point on the Northeasterly side of City View Terrace,

said point being the Westerly corner of the lands of the State of New

York and a Southwesterly corner of the herein described parcel; THENCE

from said point of beginning along the Northeasterly side of City View

Terrace, North 43 degrees 36 minutes 03 seconds West, 109.02 feet to a

point on the Southeasterly side of Forest Hill Drive; THENCE along the

Southeasterly side of Forest Hill Drive the following course and

distances, North 16 degrees 32 minutes 34 seconds West, 92.62 feet to a

point; THENCE North 10 degrees 38 minutes 26 seconds East, 70.45 feet to

a point; THENCE North 35 degrees 53 minutes 26 seconds East, 122.45 feet

to a point; THENCE North 46 degrees 30 minutes 26 seconds East, 203.40

feet to a point; THENCE North 62 degrees 37 minutes 26 seconds East;

115.94 feet to a point; THENCE North 79 degrees 39 minutes 26 seconds

East, 47.82 feet to a point; THENCE North 45 degrees 16 minutes 41

seconds East, 63.33 feet to a recovered bar; THENCE along the bounds of

lands of now or formerly Skytop Village Associates, L. 1916-P. 134, the

following courses and distances, South 37 degrees 08 minutes 02 seconds

East, 196.33 feet to a recovered bar; THENCE South 65 degrees 47 minutes

02 seconds East, 90.63 feet to a point; THENCE North 77 degrees 23

minutes 58 seconds East, 233.85 feet to a recovered bar; THENCE North 85

degrees 29 minutes 58 seconds East, 297.09 feet to a recovered bar;

THENCE South 63 degrees 30 minutes 02 seconds East, 108.50 feet to a

recovered bar; THENCE along the bounds of lands of now or formerly

Robert D. Sabino, L. 1487-P. 397, and along a stone wall, South 32

degrees 24 minutes 04 seconds West, 353.51 feet to a point; THENCE

leaving said stone and along the bounds of lands of now or formerly

Stanley Amerling, L. 1440-P. 908, South 75 degrees 41 minutes 26 seconds

West, 264.62 feet to a point; THENCE along the bounds of lands of Summit

Properties, LLC, L. 2856-P. 82, the following courses and distances,

North 41 degrees 29 minutes 34 seconds West, 50.00 feet to a point;

THENCE South 71 degrees 10 minutes 26 seconds West, 89.84 feet to a

point; THENCE South 59 degrees 51 minutes 26 seconds West, 251.72 feet

to a point; THENCE South 13 degrees 15 minutes 34 seconds East, 90.20

feet to a point; THENCE along the bounds of lands of said State of New

York, the following courses and distances, North 56 degrees 41 minutes

34 seconds West, 168.79 feet to a point; THENCE North 75 degrees 51

minutes 34 seconds West, 254.10 feet to the point and place of

beginning. Being the same premises as conveyed to Skytop Motel, LLC by

deed of Stewart Title, as agent of the grantor, Skytop Motel, Inc.,

dated April 29, 2003 and recorded in the office of the Ulster County

Clerk on June 10, 2003 as document no. 2003-00016207, Receipt no. 48178,

Bk-D VI-3621, pg-171.

15. Notwithstanding the provisions of subdivision six of this section

or of subdivision thirteen of section one hundred six of this chapter,

the authority may issue a restaurant brewer's license pursuant to this

section for a premises which shall be located wholly within the city of

Peekskill, county of Westchester, state of New York, bounded and

described as follows:

Any such premises or business located on all that certain parcel of

land situate in the City of Peekskill, County of Westchester and State

of New York, that is a portion of Parcel I as it is shown on that

certain map entitled, "Survey . . at Charles Point . . " which was filed

in the Westchester County Clerk's Office on October 23, 1980 as Map No.

20407 that is bounded and described as follows:

BEGINNING at a point on the easterly shoreline of the Hudson River and

within the bounds of the said Parcel I as it is shown on the said Filed

Map NO. 20407, which point occupies coordinate position:

North 464418.83 (y)

East 607401.00 (x)

of the New York State Coordinate System, East Zone and which point is

distant, the following courses from the southerly corner of the Parcel

shown on Map No. 20407 that occupies coordinate position

North 463520.804 (y)

East 608470.681 (x)

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

North 47 degrees 30' 36" West 856.60 feet,

North 77 degrees 10' 53" West 488.18 feet,

North 41 degrees 17' 53" West 113.32 feet and

North 41 degrees 50' 16" East 169.08 feet;

THENCE from the said point of beginning along the said easterly

shoreline (high water mark) of the east bank of the Hudson River:

Due North 16.17 feet,

North 53 degrees 58' 22" West 13.60 feet,

North 73 degrees 04' 21" West 24.04 feet,

North 63 degrees 26' 06" West 22.36 feet,

North 82 degrees 18' 14" West 37.34 feet,

North 64 degrees 47' 56" West 37.58 feet,

South 82 degrees 52' 30" West 16.12 feet,

North 61 degrees 41' 57" West 14.76 feet and

South 21 degrees 48' 05" West 9.71 feet;

THENCE leaving the high water mark and running across a peninsula of

land and along the division line between Parcel I and Parcel II as shown

on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to

another point on the said easterly shoreline (high water mark) of the

East Bank of the Hudson River;

THENCE northerly along the said high water mark, the following

courses:

North 3 degrees 00' 46" West 17.54 feet,

North 13 degrees 45' 39" West 50.45 feet,

North 10 degrees 49' 23" West 69.23 feet,

North 0 degrees 47' 22" West 52.48 feet to a point which is the point

of beginning of the hereinafter described 40 foot easement which point

occupies coordinate position

North 464676.48 (y)

East 607189.28 (x)

of the New York State Coordinate System, East Zone;

THENCE continuing along the aforesaid easterly shoreline (high water

mark) of the East Bank of the Hudson, the following courses:

North 10 degrees 18' 17" West 23.91 feet,

North 39 degrees 04' 58" West 21.39 feet,

North 20 degrees 13' 30" West 21.74 feet,

North 39 degrees 02' 08" West 95.27 feet,

North 13 degrees 08' 02" West 30.81 feet,

North 18 degrees 26' 06" West 53.76 feet,

North 28 degrees 10' 43" West 63.53 feet,

North 18 degrees 26' 06" West 50.60 feet,

North 37 degrees 14' 05" West 31.40 feet,

North 21 degrees 15' 02" West 96.57 feet,

North 32 degrees 00' 19" West 47.17 feet,

North 1 degree 18' 07" West 44.01 feet and

North 17 degrees 14' 29" East 29.32 feet to a point on the southerly

line of lands under lease to the County of Westchester (Resco Site);

THENCE along the said County of Westchester (Resco Site) lands: Due

East 432.31 feet to a point on the westerly line of an easement and a

right-of-way leading to Charles Point Avenue;

THENCE along the said westerly and southwesterly line of the said

right-of-way leading to Charles Point Avenue: Due South 241.16 feet and

South 27 degrees 13' 00" East 406.90 feet to a point;

THENCE leaving the said easement and running along other lands now or

formerly of The City of Peekskill Industrial Development Agency, South

41 degrees 50' 16" West 270.01 feet to the aforementioned easterly

shoreline (high water mark) of the East Bank of the Hudson River and the

point or place of beginning.

TOGETHER with an easement over all that parcel of land situate in the

City of Peekskill, County of Westchester and State of New York that is

more particularly bounded and described as follows:

BEGINNING at a point on the westerly line of Charles Point Avenue with

the said westerly line is intersected by the line dividing the easement

herein described on the south from lands under lease to the County of

Westchester (Resco Site) on the north which point occupies coordinate

position:

North 464719.99 (y)

East 608004.15 (x)

of the New York State Coordinate System, East Zone;

THENCE from the said point of beginning southerly along the said

westerly line of Charles Point Avenue, South 14 degrees 54' 00" West

103.48 feet to a point;

THENCE westerly along other lands of the City of Peekskill Industrial

Development Agency: Due West 396.44 feet to a point which is the

easterly most corner of the lands of Point Associates, the grantee

herein;

THENCE along the northeasterly line of the said Point Associates'

land, North 27 degrees 13' 00" West 406.90 feet and Due North 241.16

feet to a point on the southerly line of the aforementioned lands leased

to the County of Westchester (Resco Site);

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

point;

THENCE southeasterly and easterly still along the said lands leased to

the County of Westchester (Resco Site) the following courses:

Due South 223.00 feet,

South 27 degrees 13' 00" East 314.87 feet and

Due East 390.14 feet to the aforementioned westerly line of Charles

Point Avenue and the point or place of BEGINNING.

TOGETHER WITH a non-exclusive easement for utilities, and ingress and

egress over that certain right of way leading from Charles Point Avenue,

now known as John E. Walsh Boulevard, in a westerly and northwesterly

direction to the above described premises and as more fully described in

the Declaration of Easement recorded in Liber 8888 cp 35.