Section 99-D - Miscellaneous fees1. 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 twentyfifth 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.N.Y. Alco. Bev. Cont. Law § 99-D
Amended by New York Laws 2013, ch. 355, Sec. 9, eff. 3/26/2014.