3 - Definitions.

§  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  includeany  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 amongits 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.    * 30-a. "Transfer" means  the  administrative  processes  involved  in  issuing  a license to a new applicant for an existing licensed business.  Transfer applicants shall be under contract with the  existing  licensee  for purchase of the existing licensed business.    * NB Effective October 12, 2010    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.