9 NYCRR Part 47 - Executive Department

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Source version current through Jul 31, 2022

All 9 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 47.1 - General prohibition

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

Except as hereinafter provided, no licensee shall make any physical change in or otherwise alter a licensed premises unless such licensee has applied to and received permission therefor from the Liquor Authority in writing.

9 NYCRR 47.2 - General exceptions

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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)The foregoing shall not apply to painting and redecorating of licensed premises; the installation or replacement of electrical, plumbing, refrigeration, air conditioning and heating fixtures and equipment; the lowering of ceilings; the installation and replacement of floor coverings and the replacement of furniture and equipment, except that no bar shall be replaced without permission unless by a bar of the same or a lesser size in the same location.

(b)In the event of any emergency rendering the physical structure hazardous or posing any danger to persons inside or outside of the premises, emergency repairs may be made notwithstanding any provision herein provided the appropriate zone office of the Authority is notified thereof in writing within four days after the initiation of such repairs.

9 NYCRR 47.3 - Other exceptions

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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)Manufacturers and wholesalers may install or replace office equipment and where applicable, equipment used in the process of manufacture without requesting permission from the Authority.

(b)Retail beer licensees (off-premises consumption) may effect alterations to the interior of their premises which do not involve any enlargement or contraction of the licensed premises or the installation of any equipment or facilities for the sale of food or beverages for on-premises consumption without securing the permission of the Authority.

(c)Retail wine and liquor licensees (off-premises consumption) may install or replace counters not more than 42 inches in height and install or replace shelving attached to walls without securing the permission of the Authority.

(d)Restaurant (liquor and wine), catering establishment and eating place beer licensees may make the following alterations to their licensed premises without securing the permission of the Liquor Authority:

(1)Replace booths with tables and chairs (same capacity) or vice versa provided such booths do not exceed 42 inches in height.

(2)Install a partition or screen suspended from ceiling (not obstructing visibility, and not extending below a point at least seven feet above the floor).

(3)Install or replace kitchen equipment with no change in size of the kitchen.

(4)Removal of any amusement device.

(5)Replacement of an amusement device previously approved by the Authority by another similar device of the same size.

(e)Hotel licensees may make alterations to any portion of the hotel premises without securing permission provided such alterations do not expand or contract the physical area of such premises; involve the creation or relocation of an entrance to the premises; result in any change in the public rooms in which alcoholic beverages are sold or served; result in any contraction of the facilities provided for the preparation and service of food or reduce the number of rooms available for rental to guests by more than 10 per centum.

(f)Club licensees may make alterations to the licensed premises without securing the permission of the Authority except for the following alterations which 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.

Alterations may be made to ball park premises without securing the permission of the Authority except that no bar or stand at which alcoholic beverages are sold or served may be enlarged or relocated without applying for and receiving permission from the Authority.

(h)Summer licensees.

The exceptions provided for hereinabove shall also be applicable to summer licenses as well as annual licenses.

(i)Miscellaneous.

The provisions hereof shall not be applicable to licenses issued to railroad cars, vessels, fishing vessels and supply ships.

9 NYCRR 47.4 - Applications

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-34-15-00029-A · Adopted rule
Related notice published: Jan 13, 2016
Related notice effective date: Jan 13, 2016

Applications for permission to make alterations shall be filed on a form and in a manner as designated by the authority.

9 NYCRR 47.5 - Earlier source heading: [Repealed]

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Dates and status

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

Current section text is not available here.

9 NYCRR 47.6 - Application for alteration

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

No alterations to a licensed premises other than as specified in the exceptions hereto (see section 47.2 or 47.3 of this Part), may be effected unless application has been made to and permission received from the Authority in writing and in each of the following instances which are deemed substantial alterations, the application for permission to effect alterations must be accompanied by the appropriate fee as prescribed in section 47.5 hereof.

9 NYCRR 47.7 - Substantial alterations

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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)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.

9 NYCRR 47.8 - Amusement devices

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

The installation of a recreational or amusement device requiring the utilization of substantial floor space may be deemed to detract from the functioning of the required dining facilities and to materially affect the character of the premises, thereby providing grounds for the disapproval of the requested alteration.

9 NYCRR 47.9 - Alterations not deemed substantial

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

Applications for alterations other than substantial alterations shall be made in the same manner as prescribed for substantial alterations except that no fee need accompany the same.

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