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New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 35

Executive Department

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5 sections

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Source version current through Jul 31, 2022

All 5 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 35.1 - Application of rule

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022

This Part shall apply to all permits issued under section 99(1) of the Alcoholic Beverage Control Law.

9 NYCRR 35.2 - Filing of application

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022
(a)An application for a permit must be filed with the authority no less than 45 days prior to the date for which the permit is sought.
(b)Notice of the applicant's intent to apply for the permit must be sent to the police department of the municipality in which the licensed premises is located. If such municipality has no police department, notice must be sent to the county sheriff's department.
(1)The applicant must submit proof of mailing of such notice with the application;
(2)acceptable proof of mailing shall consist of either:
(i)copy of the notice sent to the police department and the original or a copy of the certified mail receipt card; or
(ii)the original or a copy of the notice date stamped and signed by the police department.

9 NYCRR 35.3 - Privileges granted by permit

Later State Register activity may affect this section.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022

A permit shall allow on premises licensees to serve alcoholic beverages between the hours of 4 a.m., or the closing hour proscribed in the licensee's county, and 8 a.m.

9 NYCRR 35.4 - Restrictions upon issuance and use of permits

Later State Register activity may affect this section.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022
(a)A permit shall authorize only the sale and service of those alcoholic beverages which the licensee is authorized to sell under its on-premises license.
(b)In exercising its discretion in determining whether to issue the permit, the authority shall consider the following:
(1)licensee's disciplinary history, including any pending proceedings; and
(2)whether, given the nature of the function, occasion or event, the licensee has adequate security plans and facilities.
(c)At all times while the permit is in effect, the permit certificate shall be displayed in a conspicuous place in the room where the particular function, occasion or event is held.

9 NYCRR 35.5 - Review process

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022
Related Register notice
LQR-13-15-00002-A · Adopted rule
Related notice published
Aug 12, 2015
Related notice effective date
Aug 12, 2015
(a)Applications shall be reviewed by the Licensing Bureau. A determination on an application shall be made within 10 business days of the authority's receipt of the application.
(b)In the event that the application is disapproved, the licensee may seek reconsideration of the determination by the members of the authority.
(c)Requests for reconsideration shall be submitted in writing to the Chairman’s Office, 80 South Swan Street, Suite 900, Albany, NY 12210-8002. Such requests shall then be reviewed by a member of the authority. A determination on the request shall be made within 10 business days after receipt of the request.
(d)A decision by a member of the authority on a request for reconsideration shall be considered a final determination of the authority.

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