N.Y. Alcoholic Beverage Control Law § 99-d: Miscellaneous fees

§ 99-d. Miscellaneous fees. 1. Before any substantial alteration to a

licensed premises may be undertaken by or on the behalf of any licensee

except a micro-winery, a farm winery or a roadside farm market, the

licensee shall make an application to the liquor authority for

permission to effect such alteration. A substantial alteration shall

include any enlargement or contraction of a licensed premises whether

indoors or outdoors; any physical change that reduces the visibility

that existed at the time of licensing; any other physical changes in the

interior of a licensed premises that materially affect the character of

the premises; and, in the case of establishments licensed for

consumption on the premises, any material changes to the dining or

kitchen facilities, or any change in the size or location of any bar

within the contemplation of subdivision four of section one hundred of

this chapter at which alcoholic beverages are dispensed. A minor

alteration shall be deemed to be one costing and valued at less than ten

thousand dollars, which does not materially affect the character of the

premises or the physical structure that existed at the time of

licensing. Before commencing work on the alteration, any licensee other

than a micro-winery, a farm winery or a roadside farm market licensee,

shall request permission to effect such minor alteration and shall

submit an affidavit to the liquor authority by filing the same in person

or by certified mail return receipt requested or overnight delivery

service with proof of mailing on forms prescribed by the authority. A

winery, micro-winery, farm winery or roadside farm market licensee is

not required to obtain permission from the authority to make a minor

alteration to its premises. The affidavit shall include but not be

limited to a description of the proposed alteration, the cost and value

of the alteration, and the source of money making the alteration

possible. Upon receipt of such affidavit, the authority shall have

twenty days in which to review the proposed alteration and notify the

licensee of any objection to the same by certified mail return receipt

requested. If no such objection is made within such period permission

shall be deemed to have been granted. Work may commence on such

alteration if no objection is received by the twenty-fifth day after

filing such affidavit. The cost of an alteration, for purposes of this

subdivision, shall be equal to the total sum expended to complete the

proposed alteration excluding professional fees.

2. Before any change in the members of a limited liability company or

the transfer or assignment of a membership interest in a limited

liability company or any corporate change in stockholders,

stockholdings, alcoholic beverage officers, officers or directors,

except officers and directors of a premises licensed as a club or a

luncheon club under this chapter can be effectuated for the purposes of

this chapter, there shall be filed with the liquor authority an

application for permission to make such change and there shall be paid

to the liquor authority in advance upon filing of the application a fee

of one hundred twenty-eight dollars.

(a) The provisions of this section shall not be applicable where there

are ten or more stockholders and such change involves less than ten per

centum of the stock of the corporation and the stock holdings of any

stockholder are not increased thereby to ten per centum or more of the

stock.

(b) Where the same corporation operates two or more premises

separately licensed under this chapter a separate corporate change shall

be filed for each such licensed premises, except as otherwise provided

for by rule of the liquor authority. The corporate change fee provided

for herein shall not be applicable to more than one license held by the

same corporation.

(c) Notwithstanding any corporate change approved by the authority, a

licensed corporation or limited liability company shall be bound by the

representations set forth in the original application and any amendments

thereto approved by the authority.

3. Before any removal of a license to any premises other than the

licensed premises or to any other part of the building containing the

licensed premises, the licensee shall make an application to the liquor

authority for permission to effect such removal and shall pay to the

liquor authority in advance upon filing of the application a fee of one

hundred ninety-two dollars where the base license fee is five hundred

dollars or more and thirty-two dollars in all other instances.

4. The liquor authority may make such rules as it deems necessary to

carry out the provisions of this section.