New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 81

Executive Department

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7 sections

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Source version current through Jul 31, 2022

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9 NYCRR 81.1 - Requirement of bond

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

Each licensee and each permittee of the kinds and classes hereinafter prescribed shall file with the Liquor Authority a bond to the people of the State of New York, issued by a surety company approved by the Superintendent of Insurance as to solvency and responsibility, and authorized to transact business in this State, in the penal sum hereinafter prescribed, conditioned that such licensee or permittee will not suffer or permit any violation of the provisions of the Alcoholic Beverage Control Law or the rules of the State Liquor Authority. All bonds shall undertake that any costs taxed or allowed in any action or proceeding will be paid to the extent of $1,000 in addition to the penal sums specified in this Part.

9 NYCRR 81.2 - Filing bond

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

The bond prescribed by this Part shall accompany the application for the license or permit.

9 NYCRR 81.3 - Penal sum of bonds

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NYCRR title agency
Executive Department
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Section source receipt
Source version current through
Jul 31, 2022
(a)Licenses.

The following is the schedule of penal sums of bonds to be filed in support of the various licenses:

ManufacturerBond
Brewer$15,000
Distiller (class A)25,000
Distiller (class B)25,000
Distiller (class C)5,000
Winery10,000
Cider producer1,000
Farm winery1,000
Wholesaler
Beer10,000
Wine10,000
Liquor20,000
Vendor1,000
Retail (off-premises)
Beer (grocery, drug store and supply ship)1,000
Wine (wine store)1,000
Liquor (liquor store)1,000
Retail (on-premises)
Beer
Club, hotel, eating place or ball park stadium1,000
Railroad car, other than option CNone
Railroad car—option C only1,000
Vessel (including fishing vessel)1,000
Summer licenses (club, hotel or eating place)1,000
Wine and beer
Club, hotel or restaurant1,000
Special1,000
Liquor, wine and beer
Bottle club1,000
Special1,000
Restaurant, hotel, club, luncheon club, eating establishments or vessel1,000
Railroad car, other than option CNone
Railroad car—option C only1,000
Summer licenses (club, hotel, restaurant or vessel)1,000
Aircraft1,000
(b) Permits. The following is the schedule of penal sums of bonds to be filed in support of the various permits:
Bottling (§ 96-a, subd. 3) †$ 5,000
Broker (annual)1,000
Solicitors1,000
Trucking (regardless of number of vehicles operated by permittee)1,000
Warehouse5,000

†

Alcoholic Beverage Control Law.

9 NYCRR 81.4 - Filing bond rider

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

Before a license or permit certificate is endorsed or any change is made on the face of the certificate or to the licensed premises for any of the following reasons, a bond rider, covering such endorsement or change, must first be obtained from the surety company which issued the bond filed in support of the license or permit, and filed with the appropriate zone office of the Liquor Authority.

(a)Endorsement of a license pursuant to section 122 (Alcoholic Beverage Control Law).
(b)Removal of the premises to another location.
(c)Additional space included in the licensed premises whether such additional space includes a new house number or not. (This shall apply to any outdoor space, including a sidewalk cafe.)
(d)Change of name of an individual licensee as the result of marriage, court order or otherwise.
(e)Change of corporate name upon a certificate issued by the Secretary of State.
(f)Transfer of employment by a solicitor.

9 NYCRR 81.5 - Return of bond

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

Where a license or permit has been issued by the authority, the bond filed in support of the license or permit shall not be returned to the licensee or permittee. A bond may not be returned even though the license or permit was immediately surrendered for cancellation and refund and was never actually used. A bond filed in support of a license or permit may be returned only to a person whose application was disapproved or disapproved without prejudice.

9 NYCRR 81.6 - Rule inapplicable to governmental agency

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NYCRR title agency
Executive Department
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Section source receipt
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Jul 31, 2022

This Part shall not apply to any license or permit issued to any department, board, commission or other agency of the State or to any political subdivision of the State.

9 NYCRR 81.7 - Replacement and restoration of bonds

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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)No license shall be issued to any person and no licensee shall traffic in alcoholic beverages unless there is in effect and on file with the authority a surety company bond as required by this Part.
(b)Where payment of the full amount of a surety company bond has been directed or claimed by the authority in disciplinary proceedings, the licensee shall file a new bond. Where payment of a part of the bond has been directed or claimed by the authority in disciplinary proceedings, the licensee shall file with the authority a rider of the surety company certifying that the full amount of the bond has been restored and is effective. Such new bond or rider shall be filed within 10 days from the date of the authority's order. Failure of the licensee to comply shall constitute good and sufficient cause for the revocation, cancellation, suspension, recall or nonrenewal of the license. The requirements of this subdivision shall not apply when the license period during which the surety bond was effective has expired.

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