Section 3. Definitions

Whenever used in this chapter, unless the context
  requires otherwise:
    1. "Alcoholic  beverage"  or  "beverage"  mean  and  include  alcohol,
  spirits,  liquor,  wine, beer, cider and every liquid or solid, patented
  or not, containing alcohol, spirits, wine or beer and capable  of  being
  consumed  by  a  human  being,  and  any warehouse receipt, certificate,
  contract or other document pertaining thereto; except that confectionery
  containing alcohol as provided by  subdivision  twelve  of  section  two
  hundred  of the agriculture and markets law and ice cream made with wine
  as provided in  subdivision  fifteen  of  section  two  hundred  of  the
  agriculture  and  markets  law  shall  not be regulated as an "alcoholic
  beverage" or "beverage" within the meaning of  this  section  where  the
  sale,  delivery  or  giving away is to a person aged twenty-one years or
  older. The sale, delivery or giving away of ice cream made with wine  to
  a   person   under  the  age  of  twenty-one  years  may  be  prosecuted
  administratively and/or criminally in accordance with the provisions  of
  this chapter.
    2. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirit of
  wine from whatever source or by whatever processes produced.
    3.  "Beer"  means  and includes any fermented beverages of any name or
  description manufactured from malt, wholly  or  in  part,  or  from  any
  substitute therefor.
    3-a.  "Biomass  feedstock"  shall  mean any substance, other than oil,
  natural gas, coal, shale or products derived from any of these which  is
  capable of being converted into alcohol, including but not be limited to
  wood  and  other forest materials, animal manure, municipal wastes, food
  crops and other agricultural materials.
    3-b. "Bona fide retailer association" shall  mean  an  association  of
  retailers  holding  licenses  under  this  chapter,  organized under the
  non-profit or not-for-profit  laws  of  this  state,  and  possessing  a
  federal  tax exemption under section 501(c) of the Internal Revenue Code
  of the United States.
    4. "Brewery" means and includes any place or premises  where  beer  is
  manufactured   for   sale;   and   all  offices,  granaries,  mashrooms,
  cooling-rooms, vaults, yards,  and  storerooms  connected  therewith  or
  where  any  part of the process of manufacture of beer is carried on, or
  where any apparatus connected with such manufacture is kept or used,  or
  where any of the products of brewing or fermentation are stored or kept,
  shall  be  deemed  to  be included in and to form part of the brewery to
  which they are attached or are appurtenant.
    5. "Brewer" means any person who owns, occupies, carries on, works, or
  conducts any brewery, either by himself or by his agent.
    6. "Board" or "local board" or "appropriate board"  or  "board  having
  jurisdiction" shall mean the state liquor authority.
    7.  "Building containing licensed premises" shall include the licensed
  premises and also any part of a  building  in  which  such  premises  is
  contained  and  any  part  of  any  other  building  connected with such
  building by direct access or by a common entrance.
    7-a. "Catering establishment" means and includes any premises owned or
  operated by any person, firm, association,  partnership  or  corporation
  who  or  which  regularly  and  in a bona fide manner furnishes for hire
  therein one or more ballrooms, reception rooms,  dining  rooms,  banquet
  halls,  dancing  halls  or similar places of assemblage for a particular
  function, occasion or event and/or who or which furnishes provisions and
  service for consumption or use at such function, occasion or event. Such
  premises must have suitable and adequate facilities  and  accommodations
  to  provide  food and service for not less than fifty persons at any one
  function, occasion or event and shall in no event be deemed  to  include

  any  taxi  dance  hall  or any other premises at which public dances are
  regularly scheduled to be held daily, weekly or monthly and to which the
  general public is invited.
    7-b.  "Cider"  means  the partially or fully fermented juice of fresh,
  whole apples, containing more than three and two-tenths per  centum  but
  not more than seven per centum alcohol by volume, when used for beverage
  purposes,  and to which nothing has been added to increase the alcoholic
  content produced by natural  fermentation.  Nothing  contained  in  this
  subdivision  shall  be  deemed  to  preclude  the use of such methods or
  materials  as  may  be  necessary  to  encourage  a   normal   alcoholic
  fermentation  and  to  make  a  product  that is free of microbiological
  activity at the time of sale. Cider may be sweetened after  fermentation
  with  apple  juice,  apple juice concentrate, or sugar, separately or in
  combination. Cider may contain retained or added carbon dioxide.
    8. "Convicted" and "conviction" include and mean a  finding  of  guilt
  resulting  from  a plea of guilty, the decision of a court or magistrate
  or the verdict of a jury, irrespective of the pronouncement of  judgment
  or the suspension thereof.
    9.  "Club" shall mean an organization of persons incorporated pursuant
  to  the  provisions  of  the  not-for-profit  corporation  law  or   the
  benevolent  orders  law,  which  is  the  owner, lessee or occupant of a
  building used exclusively for club purposes, and which does not  traffic
  in  alcoholic  beverages  for  profit  and  is  operated  solely  for  a
  recreational,  social,  patriotic,  political,  benevolent  or  athletic
  purpose  but  not  for  pecuniary  gain;  except that where such club is
  located in an office or business building, or state armory,  it  may  be
  licensed  as such provided it otherwise qualifies as a "club" within the
  meaning of this subdivision. A "luncheon club" shall mean a  club  which
  is open only on week days during the hours between eleven o'clock in the
  morning  and  three o'clock in the afternoon. A "member" of a club shall
  mean a person who whether a charter member or admitted in agreement with
  the by-laws of the club, has become a  bona  fide  member  thereof,  who
  maintains his or her membership by the payment of his or her annual dues
  in  a bona fide manner in accordance with the by-laws and whose name and
  address is entered on the list of members; or in the case of a  veterans
  club  where a person has in his or her possession an identification card
  indicating his or her membership in the national veterans'  organization
  with which the club at which he or she is present is affiliated. For the
  purposes  of  this  section  a  veterans  club  shall include but not be
  limited to the Grand Army  of  the  Republic,  the  United  Spanish  War
  Veterans,  the  Veterans of Foreign Wars, the Jewish War Veterans of the
  United States, Inc.,  the  Catholic  War  Veterans,  Inc.,  the  Italian
  American  War  Veterans  of  the United States, Incorporated, the Polish
  Legion of American Veterans, Inc., the Marine Corps League, the Military
  Order of the Purple Heart,  Inc.,  the  American  Legion,  the  Disabled
  American  Veterans,  AMVETS,  American Veterans of World War II, Masonic
  War Veterans of the State of New York, Inc., Veterans of World War I  of
  the   United   States   of   America   Department  of  New  York,  Inc.,
  China-Burma-India Veterans Association, Inc.,  Polish-American  Veterans
  of  World  War  II,  the  Sons  of  Union  Veterans, Vietnam Veterans of
  America, or the Eastern Paralyzed Veterans Association. In the case of a
  chapter or lodge of a not-for-profit corporation or a  benevolent  order
  qualifying   as  an  organization  described  in  section  501(c)(8)  or
  501(c)(10) of the United States  internal  revenue  code,  a  member  of
  another   chapter   or  lodge  of  such  not-for-profit  corporation  or
  benevolent order who has in his or her possession an identification card
  or other proof of membership shall be deemed to be a member. A club  and
  a  luncheon  club shall appoint an alcoholic beverage officer from among

  its members who shall be responsible for  filing  all  applications  and
  other  documents  required  to be submitted to the authority. The person
  appointed alcoholic beverage officer shall be subject to approval by the
  authority.
    10.  "Distiller"  means  any  person  who  owns, occupies, carries on,
  works, conducts or operates any distillery either by himself or  by  his
  agent.
    11.  "Distillery" means and includes any place or premises wherein any
  liquors are manufactured for sale.
    11-a. "Farm distillery" means  and  includes  any  place  or  premises
  located  on a farm in New York state in which liquor is manufactured and
  sold, or any other place or premises in New York state in  which  liquor
  is  manufactured  primarily  from  farm and food products, as defined in
  subdivision two of section two hundred eighty-two of the agriculture and
  markets law, and such liquor is sold.
    12. "Drug store" means a place registered by the New York state  board
  of pharmacy for the sale of drugs.
    12-a.  "Farm winery" means and includes any place or premises, located
  on a farm in New York state, in which wine is manufactured and sold.
    12-b. "Felony" shall mean any criminal offense classified as a  felony
  under  the  laws  of this state or any criminal offense committed in any
  other state, district, or territory of the United States and  classified
  as  a  felony  therein  which  if  committed  within  this  state, would
  constitute a felony in this state.
    12-c. "Government  agency"  means  any  department,  division,  board,
  bureau,  commission,  office, agency, authority or public corporation of
  the state or federal government or  a  county,  city,  town  or  village
  government within the state.
    13.  "Grocery  store"  means any retail establishment where foodstuffs
  are regularly and customarily  sold  in  a  bona  fide  manner  for  the
  consumption off the premises.
    14.  "Hotel"  shall  mean  a building which is regularly used and kept
  open as such in bona fide manner for the feeding and lodging of  guests,
  where  all who conduct themselves properly and who are able and ready to
  pay for such services are received if there be accommodations for  them.
  The   term  "hotel"  shall  also  include  an  apartment  hotel  wherein
  apartments are rented for fixed periods of  time,  either  furnished  or
  unfurnished,  where  the keeper of such hotel regularly supplies food to
  the occupants thereof in a restaurant located  in  such  hotel.  "Hotel"
  shall also mean and include buildings (commonly called a motel) upon the
  same  lot of land and owned or in possession under a lease in writing by
  the same person or firm who maintains such buildings for the lodging  of
  guests  and  supplies  them with food from a restaurant located upon the
  same premises.
    15. "Liquor authority" and "authority" mean the state liquor authority
  provided for in this chapter.
    17. "License" means a license issued pursuant to this chapter.
    17-a. " Seven day license" means a license  issued  pursuant  to  this
  chapter  and where the off premise retail license holder may remain open
  to the consumer all seven days of the week.
    18. "Licensee" means any person to whom  a  license  has  been  issued
  pursuant to this chapter.
    19.  "Liquor"  means  and  includes any and all distilled or rectified
  spirits, brandy,  whiskey,  rum,  gin,  cordials  or  similar  distilled
  alcoholic beverages, including all dilutions and mixtures of one or more
  of the foregoing.

    20. "Manufacturer" means and includes a distiller, brewer, vintner and
  rectifier;  "Manufacture"  means  and  includes  distilling, rectifying,
  brewing and operating a winery.
    20-a.  "New  York  state labelled wine" means wine made from grapes or
  other fruits, at least seventy-five percent the  volume  of  which  were
  grown in New York state.
    20-b.  "Micro-winery" means and includes any place or premises located
  on a farm in New York state in which wine or cider is  manufactured  and
  sold.
    20-c.  "New York state labelled liquor" means liquors made from fruit,
  vegetables,  grain  and  grain  products,  honey,  maple  sap  or  other
  agricultural products, at least seventy-five percent the volume of which
  were grown or produced in New York state.
    21.  "Permittee"  means  any  person  to whom a permit has been issued
  pursuant to this chapter.
    22. "Person"  includes  an  individual,  copartnership,  corporations,
  society,  joint stock company, alcoholic beverage officer appointed by a
  club or a luncheon club or limited liability company.
    23. "Population" means the number of inhabitants as determined by  the
  last preceding federal census.
    24.  "Rectifier" means and includes any person who rectifies, purifies
  or refines distilled spirits or wines  by  any  process  other  than  as
  provided  for  on  distillery  premises  and  every  person who, without
  rectifying, purifying or refining distilled spirits,  shall,  by  mixing
  such  spirits,  wine  or  other  liquor  with  water  or  any materials,
  manufactures any imitation of or compounds liquors for  sale  under  the
  name  of  whiskey, brandy, gin, rum, wine, spirits, cordials, bitters or
  any other name.
    25. "Retail sale" or "sale at retail" means a sale to a consumer or to
  any person for any purpose other than for resale.
    26. "Retailer" means any person who sells at retail any  beverage  for
  the  sale  of  which  a license is required under the provisions of this
  chapter.
    27. "Restaurant" shall mean a place which is regularly and in  a  bona
  fide  manner  used  and kept open for the serving of meals to guests for
  compensation  and  which  has  suitable  kitchen  facilities   connected
  therewith,  containing  conveniences for cooking an assortment of foods,
  which may be required for ordinary meals, the kitchen of which must,  at
  all times, be in charge of a chef with the necessary help, and kept in a
  sanitary  condition  with the proper amount of refrigeration for keeping
  of food on said premises and must comply with all the regulations of the
  local department of health. "Meals" shall mean the usual  assortment  of
  foods  commonly ordered at various hours of the day; the service of such
  food and victuals only as sandwiches or salads shall  not  be  deemed  a
  compliance  with  this  requirement.  "Guests"  shall  mean persons who,
  during the hours when meals are regularly  served  therein,  come  to  a
  restaurant  for  the purpose of obtaining, and actually order and obtain
  at such time, in good faith, a meal therein. Nothing in this subdivision
  contained, however, shall be construed to require that any food be  sold
  or purchased with any beverage.
    28.  "Sale" means any transfer, exchange or barter in any manner or by
  any means whatsoever for a consideration, and  includes  and  means  all
  sales  made by any person, whether principal, proprietor, agent, servant
  or employee  of  any  alcoholic  beverage  and/or  a  warehouse  receipt
  pertaining  thereto.  "To  sell" includes to solicit or receive an order
  for, to keep or expose for sale, and to keep with  intent  to  sell  and
  shall include the delivery of any alcoholic beverage in the state.

    29.  "Spirits"  means  any beverage which contains alcohol obtained by
  distillation  mixed  with  drinkable  water  and  other  substances   in
  solution.
    30.  "Traffic  in"  includes  to  manufacture  and  sell any alcoholic
  beverage at wholesale or retail.
    31. "Vehicle" shall include any device in, upon or by which any person
  or property is or may be transported or drawn  upon  a  public  highway,
  road, street or public place.
    32. "Vessel" includes any ship or boat of any kind whatsoever, whether
  propelled  by  steam or otherwise and whether used as a sea-going vessel
  or on inland waters which  is  properly  equipped  for  the  service  of
  alcoholic beverages.
    33.  "Vintner" means any person who owns, occupies, carries on, works,
  conducts or operates any winery either by himself or by his agent.
    34. "Wholesale sale" or "sale at wholesale" means a sale to any person
  for purposes of resale.
    35. "Wholesaler" means any person who sells at wholesale any  beverage
  for the sale of which a license is required under the provisions of this
  chapter.
    36.  "Wine"  means the product of the normal alcoholic fermentation of
  the juice of fresh, sound, ripe grapes, or other fruits or  plants  with
  the  usual  cellar  treatment and necessary additions to correct defects
  due  to  climatic,  saccharine  and   seasonal   conditions,   including
  champagne,  sparkling  and fortified wine of an alcoholic content not to
  exceed twenty-four per centum by volume. Wine produced  from  fruits  or
  plants  other than grapes shall include appropriate prefixes descriptive
  of the fruit or the product  from  which  such  wine  was  predominantly
  produced,  and no other product shall be called "wine" unless designated
  as artificial or imitation wine.
    36-a. "Wine product" means a beverage  containing  wine  to  which  is
  added  concentrated  or unconcentrated juice, flavoring material, water,
  citric acid, sugar and carbon dioxide and containing not more  than  six
  per  centum alcohol by volume, to which nothing other than such wine has
  been added to increase the alcoholic content of such beverage.
    37. "Winery" means and includes any place or  premises  wherein  wines
  are  manufactured from any fruit or brandies distilled as the by-product
  of wine or other fruit or cordials compounded and also includes a winery
  for the manufacture of wine in any state other than New York  state  and
  which has and maintains a branch factory, office or storeroom within the
  state  of New York and receives wine in this state consigned to a United
  States government bonded winery, warehouse or storeroom  located  within
  the state.
    38.  "Warehouse"  means  and  includes  a  place  in  which  alcoholic
  beverages are housed or stored.