Section 99-D. Miscellaneous fees  


Latest version.
  • 1. Before any substantial alteration to a
      licensed  premises may be undertaken by or on the behalf of any licensee
      except a micro-winery or a farm  winery,  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 or a farm winery
      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 on forms prescribed
      by the authority. A winery, micro-winery, or farm winery 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 twenty-fifth 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  where  the  license fee is five
      hundred dollars or more and thirteen  dollars  in  all  other  instances
      including   changes   relating  solely  to  officers  and  directors  of
      corporations and the alcoholic beverage officer of a  club  or  luncheon
      club.
        The foregoing 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.
        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.
        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.