N.Y. Comp. Codes R. & Regs. tit. 9 § 47.7

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

Section 47.7 - Substantial alterations

(a) Manufacturers and wholesalers. Any enlargement or contraction of the licensed premises including any delimitation of any space for use for any other business or the creation of or the relocation of any entrance to the licensed premises that abuts on any public street or thoroughfare, shall constitute a substantial alteration.

(b) Retail beer licensees (off-premises consumption). Any enlargement or contraction of the physical area of a licensed premises; the creation of or the relocation of any entrance to the licensed premises and where such premises is on the street level and abuts a public street or thoroughfare any change in the size of a window or in the type of glass used in any of the windows fronting on such thoroughfare that reduces visibility shall constitute a substantial alteration. In the instance of a grocery store beer license, the alteration fees provided for herein shall not be applicable.

(c) Retail wine and liquor licensees (off-premises consumption). Any enlargement or contraction of the physical area of a licensed premises; the creation of or the relocation of any entrance to the licensed premises; the creation of or the relocation of any window or any change in the size of a window or in the type of glass that would reduce visibility into the interior of the store; the erection of any partition that extends more than 42 inches above the floor level shall constitute a substantial alteration.

(d) Restaurant (liquor and wine), catering establishment and eating place beer licensees. The following shall constitute substantial alterations:

(1) Any enlargement or contraction of the licensed premises.

(2) Any enlargement of 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.

(3) Any contraction of the space devoted to the preparation of food or any decrease in the principal refrigeration and cooking facilities employed in connection therewith.

(4) Any decrease of more than 10 per centum in the number of seats provided for diners at any lunch counter or in a dining room, exclusive of temporary arrangements made to accommodate a special function, occasion or event.

(5) Any enlargement of the space devoted to the preparation or service of food which involves the erection or the removal of any permanent partition or wall, or any provision for additional seating at tables where the increase in such seating exceeds 25 per centum, excepting temporary arrangements made to accommodate a special function, occasion or event.

(6) The installation or conversion of any room or rooms in the licensed premises for the service of food or alcoholic beverages where such room or rooms was previously used for other purposes by the licensee.

(7) The installation of any bandstand, entertainment stage or dance floor, except a replacement of the same size and location.

(8) The installation of any recreational or amusement device that entails any reduction in the seating capacity provided for diners at tables.

(9) The sealing off, creation of or relocation of any entrance to the premises and where the premises is at street level and abuts a public street or thoroughfare, any other change to a door fronting on such thoroughfare that would reduce visibility except that visibility shall not be deemed reduced where at least one half the area of the door consists of clear glass (at eye level).

(10) The sealing off, creation of or relocation of any window and where the premises is at street level and abuts on a public street or thoroughfare, any change in the size of any window fronting on such thoroughfare or in the type of glass that would reduce visibility into the interior of the premises.

(11) The erection of any partition in or abutting any dining room which is more than 54 inches in height.

(12) Any other change in the interior of the premises that would obstruct visibility or in the judgment of the Authority would materially affect the character of the premises or the physical structure that existed at the time of licensing.

(e) Hotel licensees. The following shall constitute substantial alterations:

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

(2) Any enlargement or relocation of the 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.

(3) Any contraction of the space devoted to the preparation of food or any decrease in the principal refrigeration and cooking facilities employed in connection therewith.

(4) Where there is only one dining room in the hotel, any decrease of more than 10 per centum in the number of seats provided for diners at tables exclusive of temporary arrangements made to accommodate a special function, occasion or event.

(5) Where there are two or more dining rooms in the hotel, the elimination of any dining room or any decrease of more than 10 per centum of the total number of seats provided at tables for diners in the dining rooms of the hotel, exclusive of temporary arrangements made to accommodate a special function, occasion or event.

(6) Any enlargement of the space devoted to the preparation or service of food which involves the creation of or the removal of any permanent partition or wall or the installation of additional seating at tables for diners where the increase in such seating exceeds 25 per centum, excepting temporary arrangements made to accommodate a special function, occasion or event.

(7) The installation or conversion of any room or rooms in the licensed premises for use as a public room or rooms in connection with the service of food or alcoholic beverages where such room was previously used for other purposes by the licensee.

(8) The installation of any entertainment stage or dance floor other than as a replacement except when installed in a portion of the premises designated as a ballroom in plans previously approved by the Authority.

(9) The delimitation of any portion of the licensed premises to permit the conduct of another business therein.

(10) The installation of any recreational device that entails any reduction in the seating capacity provided for diners at tables.

(11) The creation of or relocation of any entrance to the hotel building.

(f) Club licensees. The following shall 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. The following shall constitute substantial alterations:

(1) The enlargement or relocation of any bar or stand at which alcoholic beverages are sold or served.

(h) Summer licensees. The prescriptions as to substantial alterations set forth hereinabove with respect to annual licenses shall also apply to summer licenses of the same type.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 47.7