N.Y. Comp. Codes R. & Regs. tit. 9 § 47.3

Current through Register Vol. 46, No. 53, December 31, 2024

Section 47.3 - Other exceptions

(a) Manufacturers and wholesalers may install or replace office equipment and where applicable, equipment used in the process of manufacture without requesting permission from the Authority.

(b) Retail beer licensees (off-premises consumption) may effect alterations to the interior of their premises which do not involve any enlargement or contraction of the licensed premises or the installation of any equipment or facilities for the sale of food or beverages for on-premises consumption without securing the permission of the Authority.

(c) Retail wine and liquor licensees (off-premises consumption) may install or replace counters not more than 42 inches in height and install or replace shelving attached to walls without securing the permission of the Authority.

(d) Restaurant (liquor and wine), catering establishment and eating place beer licensees may make the following alterations to their licensed premises without securing the permission of the Liquor Authority:

(1) Replace booths with tables and chairs (same capacity) or vice versa provided such booths do not exceed 42 inches in height.

(2) Install a partition or screen suspended from ceiling (not obstructing visibility, and not extending below a point at least seven feet above the floor).

(3) Install or replace kitchen equipment with no change in size of the kitchen.

(4) Removal of any amusement device.

(5) Replacement of an amusement device previously approved by the Authority by another similar device of the same size.

(e) Hotel licensees may make alterations to any portion of the hotel premises without securing permission provided such alterations do not expand or contract the physical area of such premises; involve the creation or relocation of an entrance to the premises; result in any change in the public rooms in which alcoholic beverages are sold or served; result in any contraction of the facilities provided for the preparation and service of food or reduce the number of rooms available for rental to guests by more than 10 per centum.

(f) Club licensees may make alterations to the licensed premises without securing the permission of the Authority except for the following alterations which constitute substantial alterations:

(1) Any expansion or contraction of the physical area of the licensed premises.

(2) The creation of a new entrance or the relocation of any entrance to the licensed premises.

(3) Any enlargement or relocation of a bar or the installation of any service bar other than a temporary, portable service bar except where such service bar is located in a kitchen.

(g) Ball park licensees. Alterations may be made to ball park premises without securing the permission of the Authority except that no bar or stand at which alcoholic beverages are sold or served may be enlarged or relocated without applying for and receiving permission from the Authority.

(h) Summer licensees. The exceptions provided for hereinabove shall also be applicable to summer licenses as well as annual licenses.

(i) Miscellaneous. The provisions hereof shall not be applicable to licenses issued to railroad cars, vessels, fishing vessels and supply ships.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 47.3