Bill Text: NY S09033 | 2021-2022 | General Assembly | Introduced
Bill Title: Adjusts licensing fees regarding certain alcoholic beverages.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-09 - REPORTED AND COMMITTED TO FINANCE [S09033 Detail]
Download: New_York-2021-S09033-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9033 IN SENATE May 4, 2022 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the alcoholic beverage control law, in relation to adjusting licensing fees regarding certain alcoholic beverages The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 3 and 4 of section 93 of the alcoholic bever- 2 age control law, subdivision 3 as amended by section 12 of part Z of 3 chapter 85 of the laws of 2002 and subdivision 4 as amended by chapter 4 297 of the laws of 2016, are amended to read as follows: 5 3. The license fee for such permit shall be [twenty-six] twenty-five 6 dollars per year, or for any part thereof, and the permit shall be 7 issued for the calendar year. 8 4. Notwithstanding the foregoing provisions of this section, any duly 9 licensed manufacturer or wholesaler may apply to the liquor authority 10 for an annual temporary solicitor's employment permit. Such permit shall 11 authorize such manufacturer or wholesaler to employ one or more persons 12 as a solicitor for a period of not exceeding six months provided that 13 within sixty days after such employee has been employed as a solicitor 14 such employee shall file his application for a solicitor's permit with 15 the liquor authority. The license fee for such permit shall be [thirty-16eight] thirty-five dollars per year, or for any part thereof, and the 17 permit shall be issued for the calendar year. Such permit and the exer- 18 cise of the privileges hereby granted thereunder, shall be subject to 19 such terms and conditions as may be prescribed by the liquor authority. 20 § 2. Subdivision 2 of section 94 of the alcoholic beverage control 21 law, as amended by section 14 of part Z of chapter 85 of the laws of 22 2002, is amended to read as follows: 23 2. Such permit shall be issued for the calendar year, and may cover 24 one or more trucks and in cities having a population of one million or 25 less to duly licensed taxicabs used to deliver only wine or liquor sold 26 at retail and the fee therefor shall be at the rate of [fifty-one] fifty 27 dollars per truck or such duly licensed taxicab per year. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15585-03-2S. 9033 2 1 § 3. Section 97 of the alcoholic beverage control law, as amended by 2 chapter 204 of the laws of 1963, the section heading as amended by chap- 3 ter 363 of the laws of 1977, subdivisions 1 and 2 as amended by section 4 19 of part Z of chapter 85 of the laws of 2002, and subdivision 4 as 5 added by chapter 120 of the laws of 2012, is amended to read as follows: 6 § 97. Temporary beer and wine permit. 1. The liquor authority is here- 7 by authorized to issue temporary permits effective for a period not to 8 exceed twenty-four consecutive hours to authorize the sale of beer and 9 wine manufactured in New York state at outdoor or indoor gatherings, 10 functions, occasions or events, within the hours fixed by or pursuant to 11 subdivision five of section one hundred six of this chapter, during 12 which alcoholic beverages may lawfully be sold or served upon premises 13 licensed to sell alcoholic beverages at retail for on-premises consump- 14 tion in the community in which is located the premises in which such 15 gathering, function, occasion or event is held. The fee for such permit 16 shall be [twenty-six] twenty-five dollars. Such permit and the exercise 17 of the privilege granted thereby shall be subject to such rules of the 18 liquor authority as it deems necessary. 19 2. The liquor authority is hereby authorized to issue an annual permit 20 to brewers and beer wholesalers authorizing such licensees to sell beer 21 for consumption at outdoor or indoor gatherings, functions, occasions or 22 events, provided that such gatherings are not open to admission to the 23 general public nor is admission thereto made contingent upon the payment 24 of an admission fee, donation or contribution, and further provided that 25 such beer is not resold at such gatherings. Every brewer or beer whole- 26 saler to whom a permit shall be issued hereunder shall require every 27 person to whom beer shall be sold for use at such gatherings to make, 28 execute and file with such brewer or beer wholesaler, upon a form to be 29 prescribed by the liquor authority, a statement, that the beer purchased 30 by such person will not be sold or offered for sale by such person. Such 31 statement shall be accepted for all purposes as the equivalent of an 32 affidavit, and if false, shall subject the person making and executing 33 the same to the same penalties as if he had been duly sworn. Such permit 34 shall be issued in the form prescribed by the liquor authority and shall 35 run concurrently with the annual term of the brewer's license or of the 36 wholesale beer license, and the fee for such permit shall be [sixty-37four] sixty dollars. Such a permit and the exercise of the privileges 38 granted thereunder shall be subject to such rules by the liquor authori- 39 ty as it deems necessary. The provisions hereof shall not apply to the 40 sale of beer for consumption in the home. 41 4. The liquor authority is hereby authorized to issue a temporary 42 permit effective for a period not to exceed twenty-four consecutive 43 hours to any holder of a license to manufacture wine in this or any 44 other state, to sell wine at outdoor or indoor gatherings, functions, 45 occasions, or events, provided that such manufacturer produces not more 46 than one hundred fifty thousand gallons of wine annually. The fee for 47 such permit shall be [twenty-six] twenty-five dollars. 48 § 4. Paragraph (b) of subdivision 2 and subdivision 4 of section 97-a 49 of the alcoholic beverage control law, as added by chapter 396 of the 50 laws of 2010, are amended to read as follows: 51 (b) the applicant shall have filed with the authority an application 52 for a temporary retail permit, accompanied by a nonrefundable filing fee 53 of one hundred [twenty-eight] twenty-five dollars for all retail beer 54 licenses or six hundred forty dollars for all other retail licenses; 55 4. A temporary retail permit issued by the authority pursuant to this 56 section shall be for a period not to exceed ninety days. A temporaryS. 9033 3 1 permit may be extended at the discretion of the authority, for an addi- 2 tional thirty day period upon payment of an additional fee of [sixty-3four] sixty dollars for all retail beer licenses and [ninety-six] nine- 4 ty-five dollars for all other temporary permits and upon compliance with 5 all conditions required in this section. The authority may, in its 6 discretion, issue additional thirty day extensions upon payment of the 7 appropriate fee. 8 § 5. Subdivisions 2 and 3 of section 99-d of the alcoholic beverage 9 control law, subdivision 2 as amended by chapter 560 of the laws of 2011 10 and subdivision 3 as amended by section 24 of part Z of chapter 85 of 11 the laws of 2002, are amended to read as follows: 12 2. Before any change in the members of a limited liability company or 13 the transfer or assignment of a membership interest in a limited liabil- 14 ity company or any corporate change in stockholders, stockholdings, 15 alcoholic beverage officers, officers or directors, except officers and 16 directors of a premises licensed as a club or a luncheon club under this 17 chapter can be effectuated for the purposes of this chapter, there shall 18 be filed with the liquor authority an application for permission to make 19 such change and there shall be paid to the liquor authority in advance 20 upon filing of the application a fee of one hundred [twenty-eight] twen- 21 ty-five dollars. 22 (a) The provisions of this section shall not be applicable where there 23 are ten or more stockholders and such change involves less than ten per 24 centum of the stock of the corporation and the stock holdings of any 25 stockholder are not increased thereby to ten per centum or more of the 26 stock. 27 (b) Where the same corporation operates two or more premises separate- 28 ly licensed under this chapter a separate corporate change shall be 29 filed for each such licensed premises, except as otherwise provided for 30 by rule of the liquor authority. The corporate change fee provided for 31 herein shall not be applicable to more than one license held by the same 32 corporation. 33 (c) Notwithstanding any corporate change approved by the authority, a 34 licensed corporation or limited liability company shall be bound by the 35 representations set forth in the original application and any amendments 36 thereto approved by the authority. 37 3. Before any removal of a license to any premises other than the 38 licensed premises or to any other part of the building containing the 39 licensed premises, the licensee shall make an application to the liquor 40 authority for permission to effect such removal and shall pay to the 41 liquor authority in advance upon filing of the application a fee of one 42 hundred [ninety-two] ninety dollars where the base license fee is five 43 hundred dollars or more and [thirty-two] thirty dollars in all other 44 instances. 45 § 6. Paragraphs (a) and (b) of subdivision 4 of section 100 of the 46 alcoholic beverage control law, as amended by chapter 423 of the laws of 47 2016, are amended to read as follows: 48 (a) if the licensed premises is a legitimate theatre or concert hall, 49 or contiguous to and used in conjunction with a legitimate theatre or 50 concert hall, additional bars, counters or contrivances may be permitted 51 by the liquor authority upon payment to it of an annual fee of one 52 hundred dollars for each such additional bar, counter or contrivance so 53 permitted[,] in addition to the annual license fee paid by such licen- 54 see; 55 (b) if such licensed premises be located at a baseball park, race 56 track, or either outdoor or indoor athletic field, facility, arena orS. 9033 4 1 stadium, additional bars, counters or contrivances where beer shall be 2 sold at retail for consumption on the premises may be permitted by the 3 liquor authority, upon payment to it of the annual fee of thirty dollars 4 for each such additional bar, counter or contrivance so permitted[,] in 5 addition to the amount of the annual license fee paid by the licensee; 6 and 7 § 7. Section 56 of the alcoholic beverage control law, as amended by 8 section 1 of part Z of chapter 85 of the laws of 2002, subdivision 1 as 9 amended by chapter 108 of the laws of 2012, paragraph (a) of subdivision 10 1 as amended by chapter 431 of the laws of 2014, and subdivision 11 as 11 added by chapter 422 of the laws of 2016, is amended to read as follows: 12 § 56. License fees. 1. The annual fee for a license to manufacture 13 beer shall be: 14 (a) four thousand dollars for a brewer's license, unless the annual 15 production of the brewer is less than seventy-five thousand barrels per 16 year, in which case the annual fee shall be three hundred twenty 17 dollars; 18 (b) three hundred twenty dollars for a farm brewery license. 19 2. The annual fee for a wholesaler's beer license shall be eight 20 hundred dollars. 21 3. The annual fee for a vendor's license shall be one hundred [forty-22four] forty dollars. 23 4. The annual fee for a license to sell beer at retail not to be 24 consumed on the premises where sold shall be one hundred ten dollars. 25 Where, however, the applicant is the holder of two such licenses, the 26 annual fee for each additional license thereafter issued to such licen- 27 see shall be double the amount hereinabove set forth. 28 5. The annual fee for a license to sell beer at retail to be consumed 29 on the premises where sold shall be three hundred twenty dollars in 30 cities having a population of one hundred thousand or over, and one 31 hundred sixty dollars elsewhere; provided, however, that where the prem- 32 ises to be licensed remain open only within the period commencing April 33 first and ending October thirty-first of any one year or only within the 34 period commencing October first and ending the following April thirti- 35 eth, the liquor authority, in its discretion, may grant a summer or 36 winter license effective only for such appropriate period of time, for 37 which an annual fee of one hundred sixty dollars shall be paid where the 38 premises are located in cities having a population of one hundred thou- 39 sand or over, and eighty dollars where such premises are located else- 40 where. 41 6. The annual fee for selling beer upon any railroad car to be 42 consumed on such car or any car connected therewith shall be [ninety-43six] ninety dollars for each railroad car licensed. 44 7. The annual fee for selling beer upon any vessel in this state, 45 other than one regularly and exclusively engaged in the business of 46 carrying passengers for hire, by charter or otherwise, for fishing 47 purposes, to be consumed on such vessel, shall be one hundred sixty 48 dollars for each vessel licensed. The annual fee for selling beer upon a 49 vessel regularly and exclusively engaged in the business of carrying 50 passengers for hire, by charter or otherwise, for fishing purposes, to 51 be consumed on such vessel, shall be forty dollars for each vessel 52 licensed. The annual fee for selling beer for off-premise consumption 53 upon a vessel regularly and exclusively engaged, as a duly licensed 54 supply ship, in furnishing supplies to other vessels, shall be eighty 55 dollars.S. 9033 5 1 8. The annual fee for selling beer at any baseball park, race track or 2 outdoor athletic field or stadium, to be consumed in any such baseball 3 park, race track, or outdoor athletic field or stadium, shall be one 4 hundred [ninety-two] ninety dollars. 5 9. The annual fee for a license to sell beer and wine products at 6 retail not to be consumed on the premises where sold shall be one 7 hundred [ninety-eight] ninety-five dollars. 8 10. The annual fee for a license to sell beer and wine products at 9 retail not to be consumed on the premises where sold, when the applicant 10 is the holder of two such licenses, the annual fee for each additional 11 license thereafter issued to such licensee shall be three hundred 12 [fifty-two] fifty dollars. 13 11. The annual fee for a license to operate a custom beermakers' 14 center shall be three hundred twenty dollars. 15 § 8. Subdivision 6 of section 64 of the alcoholic beverage control 16 law, as amended by chapter 204 of the laws of 1963, is amended to read 17 as follows: 18 6. Where an on-premise license shall be granted to the owner of a 19 hotel situated in a town or village the liquor authority may in its 20 discretion grant to such owner the right to sell liquor and wine for 21 off-premise consumption under the same terms and conditions as apply to 22 off-premise licenses upon the payment of an additional fee of [sixty-23two] sixty dollars [and fifty cents]; provided, however, that this 24 permission shall not be granted if an off-premise license has been 25 granted for premises located within eight miles of such hotel. 26 § 9. Section 66 of the alcoholic beverage control law, as amended by 27 section 3 of part Z of chapter 85 of the laws of 2002, subdivision 1-a 28 as added by chapter 580 of the laws of 2002, subdivision 2-c as added by 29 chapter 564 of the laws of 2007, subdivision 3-a as added by chapter 297 30 of the laws of 2016, and subdivision 10 as added by chapter 331 of the 31 laws of 2004, is amended to read as follows: 32 § 66. License fees. 1. The annual fee for a distiller's license, class 33 A, shall be twelve thousand dollars. 34 1-a. The annual fee for a distiller's license, class A-1, shall be two 35 hundred fifty dollars. 36 2. The annual fee for a distiller's license, class B, shall be eight 37 thousand dollars. 38 2-a. The annual fee for a distiller's license, class C, shall be one 39 hundred [twenty-eight] twenty-five dollars. 40 2-b. The annual fee for a distiller's license, class B-1, shall be 41 three hundred twenty dollars. 42 2-c. The annual fee for a distiller's license, class D, shall be one 43 hundred [twenty-eight] twenty-five dollars. 44 3. The annual fee for a license to sell liquor at wholesale [shall be45sixty-four hundred dollars]: 46 (a) if such wholesaler has revenue of at least twenty-five million 47 dollars within the previous year in New York state, shall be one million 48 dollars; and 49 (b) if such wholesaler has revenue under twenty-five million dollars 50 within the previous year in New York state, shall be eight hundred 51 dollars. 52 3-a. The annual fee for an importer's license shall be one hundred 53 twenty-five dollars. 54 4. The annual fee for a license, under section sixty-four or sixty- 55 four-a, to sell liquor at retail to be consumed on the premises where 56 sold shall be twenty-one hundred [seventy-six] seventy dollars in theS. 9033 6 1 counties of New York, Kings, Bronx and Queens; fifteen hundred [thirty-2six] thirty-five dollars in the county of Richmond and in cities having 3 a population of more than one hundred thousand and less than one 4 million; twelve hundred [sixteen] ten dollars in cities having a popu- 5 lation of more than fifty thousand and less than one hundred thousand; 6 and the sum of eight hundred [ninety-six] ninety-five dollars elsewhere; 7 except that the license fees for catering establishments shall be two- 8 thirds the license fee specified herein and for clubs, except luncheon 9 clubs and golf clubs, shall be seven hundred fifty dollars in counties 10 of New York, Kings, Bronx and Queens; five hundred dollars in the county 11 of Richmond and in cities having a population of more than one hundred 12 thousand and less than one million; three hundred fifty dollars in 13 cities having a population of more than fifty thousand and less than one 14 hundred thousand; and the sum of two hundred fifty dollars elsewhere. 15 The annual fees for luncheon clubs shall be three hundred seventy-five 16 dollars, and for golf clubs in the counties of New York, Kings, Bronx, 17 Queens, Nassau, Richmond and Westchester, two hundred fifty dollars, and 18 elsewhere one hundred [eighty-seven] eighty-five dollars [and fifty19cents]. Notwithstanding any other provision of law to the contrary, 20 there shall be no annual fee for a license, under section sixty-four, to 21 sell liquor at retail to be consumed on the premises where the applicant 22 is an organization organized under section two hundred sixty of the 23 military law and incorporated pursuant to the not-for-profit corporation 24 law. Provided, however, that where any premises for which a license is 25 issued pursuant to section sixty-four or sixty-four-a of this article 26 remain open only within the period commencing April first and ending 27 October thirty-first of any one year, or only within the period commenc- 28 ing October first and ending the following April thirtieth, the liquor 29 authority may, in its discretion, grant a summer or winter license 30 effective only for such appropriate period of time, for which a license 31 fee shall be paid to be pro-rated for the period for which such license 32 is effective, at the rate provided for in the city, town or village in 33 which such premises are located, except that no such license fee shall 34 be less than one-half of the regular annual license fee; provided 35 further that where the premises to be licensed are a race track or a 36 golf course or are licensed pursuant to section sixty-four or sixty- 37 four-a of this chapter, the period of such summer license may commence 38 March first and end November thirtieth. 39 Where a hotel, restaurant, club, golf course or race track is open 40 prior to April first and/or subsequent to October thirty-first by reason 41 of the issuance of a caterer's permit or permits issued by the authori- 42 ty, such fact alone shall not affect the eligibility of the premises or 43 the person owning or operating such hotel, restaurant, club, golf course 44 or race track for a summer license. 45 5. The annual fee for a license to sell liquor at retail not to be 46 consumed on the premises where sold shall be thirteen hundred [sixty-47six] sixty dollars in the counties of New York, Kings, Bronx and Queens; 48 eight hundred [fifty-four] fifty dollars in the county of Richmond and 49 in cities having a population of more than one hundred thousand and less 50 than one million; and elsewhere the sum of five hundred [twelve] ten 51 dollars. 52 6. The annual fee for a license to sell liquor upon any railroad car 53 to be consumed on such car or any car connected therewith shall be one 54 hundred [ninety-two] ninety dollars for each railroad car licensed. 55 7. The annual fee for a license to sell liquor upon any vessel in this 56 state to be consumed upon such vessel shall be sixteen hundred dollarsS. 9033 7 1 for each vessel licensed, provided, however, that where a vessel is 2 operated only within the period commencing April first and ending Octo- 3 ber thirty-first of any one year, the liquor authority may, in its 4 discretion, grant for such vessel a summer license effective only for 5 such period of time, for which a license fee of four hundred [forty-6eight] forty dollars shall be paid. 7 8. The annual fee for a license to sell liquor upon an aircraft being 8 operated on regularly scheduled flights by a United States certificated 9 airline in this state shall be nineteen thousand two hundred [twenty] 10 dollars per annum for an airline company operating up to and including 11 twenty such aircraft and twenty-five thousand six hundred [sixty] 12 dollars for such an airline operating more than twenty such aircraft. 13 9. The annual fee for a license for a bottle club shall be the same as 14 the annual fee for a special license to sell liquor at retail to be 15 consumed on the premises, as set forth in subdivision four of this 16 section. 17 10. Notwithstanding any provision to the contrary, the annual fee for 18 a license for an establishment defined as an owner-occupied residence 19 providing at least three but no more than five rooms for temporary tran- 20 sient lodgers with sleeping accommodations and a meal in the forenoon of 21 the day, known as a "bed and breakfast dwelling" as authorized by subdi- 22 vision five-a of section sixty-four of this article, shall be two 23 hundred dollars plus fifteen dollars per each available bedroom. 24 § 10. Subdivision 1 of section 79-a of the alcoholic beverage control 25 law, as amended by section 5 of part Z of chapter 85 of the laws of 26 2002, is amended to read as follows: 27 1. Any person licensed to sell beer at retail for consumption off the 28 premises, pursuant to section fifty-four of this chapter, shall, by 29 virtue of such license and upon payment to the liquor authority of an 30 additional fee in the sum of one hundred sixty-five dollars in cities 31 having a population of one hundred thousand or over and [eighty-three] 32 eighty dollars elsewhere, be granted authorization to sell from the 33 licensed premises wine products in sealed containers for consumption off 34 such premises. Upon receipt of such additional fee, the liquor authority 35 shall promptly issue a permit authorizing such sales by the licensee. 36 § 11. Subdivisions 1 and 1-a of section 79-b of the alcoholic beverage 37 control law, as amended by section 6 of part Z of chapter 85 of the laws 38 of 2002, are amended to read as follows: 39 1. Any person licensed to sell beer at retail for consumption on the 40 premises, pursuant to section fifty-five of this chapter, shall, by 41 virtue of such license and upon payment to the liquor authority of an 42 additional fee in the sum of one hundred [ninety-two] ninety dollars in 43 cities having a population of one hundred thousand or over and [ninety-44six] ninety dollars elsewhere, be granted authorization to sell from the 45 licensed premises wine products in sealed containers at retail for 46 consumption on or off such premises. Upon receipt of such additional 47 fee, the liquor authority shall promptly issue a permit authorizing such 48 sales by the licensee. 49 1-a. Any person licensed to sell beer at retail for consumption on the 50 premises, pursuant to section fifty-five-a of this chapter, shall, by 51 virtue of such license and upon payment to the liquor authority of an 52 additional fee in the sum of one hundred [ninety-two] ninety dollars in 53 cities having a population of one hundred thousand or over and [ninety-54six] ninety dollars elsewhere, be granted authorization to sell from the 55 licensed premises wine products in sealed containers at retail for 56 consumption on such premises. Upon receipt of such additional fee, theS. 9033 8 1 liquor authority shall promptly issue a permit authorizing such sales by 2 the licensee. 3 § 12. Section 83 of the alcoholic beverage control law, as amended by 4 section 7 of part Z of chapter 85 of the laws of 2002, subdivision 1-a 5 as amended by chapter 221 of the laws of 2011, subdivision 1-d as 6 amended by chapter 613 of the laws of 2008, subdivision 8 as added by 7 chapter 355 of the laws of 2013, and subdivision 9 as added by chapter 8 422 of the laws of 2016, is amended to read as follows: 9 § 83. License fees. 1. The annual fee for a winery license shall be 10 six hundred twenty-five dollars. 11 1-a. The annual fee for a farm winery license shall be one hundred 12 twenty-five dollars, provided that the annual fee for a farm winery 13 manufacturing no more than fifteen hundred finished gallons of wine 14 annually shall be fifty dollars. 15 1-d. The fee for each license issued for a winery or farm winery 16 licensee's authority to conduct wine tastings and the sale of New York 17 state labelled wines for off-premises consumption pursuant to paragraph 18 (c) of subdivision two of section seventy-six of this article shall be 19 forty dollars. 20 2. The annual fee for a license to sell wine at wholesale [shall be21eight hundred dollars]: 22 (a) if such wholesaler has revenue of at least twenty-five million 23 dollars within the previous year in New York state, shall be one million 24 dollars; and 25 (b) if such wholesaler has revenue of under twenty-five million 26 dollars within the previous year in New York state, shall be eight 27 hundred dollars. 28 3. The annual fee for a license to sell wine at retail, not to be 29 consumed on the premises, shall be six hundred forty dollars for each 30 such place where such business is carried on in cities having a popu- 31 lation of one million or more; in cities having less than one million 32 population and more than one hundred thousand, three hundred twenty 33 dollars; and elsewhere, the sum of one hundred forty-five dollars. 34 4. The annual fee for selling wine at retail, to be consumed on the 35 premises where sold, shall be as follows: 36 (a) In cities having a population of one hundred thousand or over the 37 sum of four hundred eighty dollars per year; and 38 (b) Elsewhere, the sum of two hundred forty dollars per year. 39 4-a. The annual fee for a license to sell wine at retail to be 40 consumed on the premises where sold where the premises to be licensed 41 remain open only within the period commencing April first and ending 42 October thirty-first of any one year or only within the period commenc- 43 ing October first and ending the following April thirtieth, the liquor 44 authority, in its discretion, may grant a summer or winter license 45 effective only for such appropriate period of time, for which an annual 46 fee of one hundred [twelve] ten dollars shall be paid. 47 5. The annual fee for a special license to sell wine at retail, to be 48 consumed on the premises where sold, shall be as follows: 49 (a) In cities having a population of one hundred thousand or over, the 50 sum of five hundred [seventy-six] seventy-five dollars per year; and 51 (b) Elsewhere, the sum of two hundred seventy dollars per year. 52 6. The annual fee for a special winery license shall be six hundred 53 twenty-five dollars. 54 7. The annual fee for a special farm winery license shall be one 55 hundred twenty-five dollars.S. 9033 9 1 8. The annual fee for a roadside farm market license shall be one 2 hundred dollars. 3 9. The annual fee for a license to operate a custom winemakers' center 4 shall be three hundred twenty dollars. 5 § 13. Section 122 of the alcoholic beverage control law, as amended by 6 chapter 408 of the laws of 1997, is amended to read as follows: 7 § 122. Continuance of business by receiver or other representative. 8 If a corporation or copartnership holding any license or holding a 9 permit for which an annual fee of one hundred dollars or more is 10 prescribed by this chapter shall be dissolved, or if a receiver or 11 assignee for the benefit of creditors be appointed therefor, or if a 12 receiver, assignee for the benefit of creditors or a committee or 13 conservator of the property of an individual holding any license or 14 holding a permit for which an annual fee of one hundred dollars or more 15 is prescribed by this chapter be appointed, during the time for which 16 such license or permit was granted, or if a person, including a member 17 of a copartnership, holding any license or holding a permit for which an 18 annual fee of one hundred dollars or more is prescribed by this chapter 19 shall die during the term for which such license or permit was given, 20 such corporation, copartnership, receiver or assignee, or the adminis- 21 trator or executor of the estate of such individual, or of such deceased 22 member of a copartnership, or a committee of the property of a person 23 adjudged to be incompetent, or a conservator of the property of an indi- 24 vidual, or a petition under title eleven of the United States code shall 25 have been filed and a trustee has been appointed or the holder of the 26 license [of] or permit has been permitted to remain in possession with- 27 out the appointment of a trustee, may continue to carry on such business 28 upon such premises for the balance of the term for which such license or 29 permit was effective, with the same rights and subject to the same 30 restrictions and liabilities as if he had been the original applicant 31 for and the original holder, or one of either of them, of such license 32 or permit, providing the approval of the liquor authority shall be first 33 obtained. Before continuing such business, such receiver, assignee, 34 individual, committee, or conservator, debtor in possession, or trustee 35 in bankruptcy shall file a statement setting forth in such form and 36 substance as the liquor authority may prescribe the facts and circum- 37 stances by which he has succeeded to the rights of the original licensee 38 or permittee. The liquor authority may, in its discretion, permit the 39 continuance of such business or may refuse to do so. In the event that 40 the authority determines to permit the continuance of the business, the 41 license or permit shall be submitted to the authority and shall have 42 affixed thereto a certificate in the form prescribed by the authority. 43 For each such certificate, a fee shall be paid to the liquor authority 44 of fifty dollars by the applicant, except in the case of an off-premise 45 beer license, such fee shall be ten dollars which shall be paid into the 46 same fund as other license fees herein provided for. 47 § 14. This act shall take effect on the first of January next succeed- 48 ing the date on which it shall have become a law. Effective immediately, 49 the addition, amendment and/or repeal of any rule or regulation neces- 50 sary for the implementation of this act on its effective date are 51 authorized to be made and completed on or before such effective date.
