N.Y.
Alcoholic Beverage Control Law Section 98
Caterer’s permit
1.
The liquor authority is hereby authorized to issue to a retail licensee for on-premises consumption or a licensed off-premises caterer furnishing provisions and service for use at a particular function, occasion or event in a hotel, restaurant, club, ballroom or other premises a temporary permit effective for a period not to exceed twenty-four consecutive hours, which shall authorize the service of alcoholic beverages at such function, occasion or event within the hours, fixed by or pursuant to subdivision five of § 106 (Provisions governing licensees to sell at retail for consumption on the premises)section one hundred six of this chapter, during which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages at retail for on-premises consumption in the community in which is located the premises in which such function, occasion or event is held. The fee therefor shall be thirty-eight dollars. Such a permit and the exercise of the privilege granted thereby may be subjected to such rules by the liquor authority as it deems necessary and such rules as are in conformity with the provisions of subdivision two of this section. Such a permit may also be issued for functions, occasions or events at premises for which a summer license has been previously issued pursuant to this chapter.2.
Except for good cause shown, the liquor authority shall issue upon proper application and payment of fee, an on-premises caterer’s permit to a club licensed pursuant to the provisions of this chapter upon the club premises if it is shown:a.
That the club has not solicited the event, nor advertised such affair in any manner as open to the public and the alcoholic beverages shall be sold only to persons invited to and attending such function, occasion or event; andb.
(see, also, par. b below) That the particular function or event is to be held by a sodality, an auxiliary or other organization affiliated with the licensed club and also other organizations not affiliated with a licensed club, provided the function or event being held is in conjunction with the use of the primary athletic or sports facilities of the licensed club; andb.
(see, also, par. b above) The particular function or event is to be held by a sodality or auxiliary affiliated with the club, or a particular charitable or non-profit function or event is to be held by a charitable or non-profit organization and such organization has one or more members who are also members of the club.3.
The liquor authority may issue upon proper application and payment of fee, an on-premises caterer’s permit to a club licensed pursuant to the provisions of this chapter if the facts set forth in the application establish to the satisfaction of the authority that no other suitably licensed premises authorized to sell alcoholic beverages to the public is available within a reasonable distance.4.
A caterer’s permit will not be granted to a club licensed for a function to be held off the club premises except where such is exclusively for the use and benefit of the club members only and is so restricted.5.
Notwithstanding any other provision of this chapter or any rule of the liquor authority, the liquor authority is hereby authorized to issue, to caterers and other persons furnishing provisions and services for use at a particular function or occasion or event to be held at a winery or farm winery, a temporary indoor and/or outdoor permit effective for a period not to exceed twenty-four consecutive hours, which shall authorize the service of alcoholic beverages at such function, occasion or event within the hours as fixed by or pursuant to subdivision five of § 106 (Provisions governing licensees to sell at retail for consumption on the premises)section one hundred six of this chapter, during which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages at retail for on-premises consumption in the community in which is located the premises in which such function, occasion or event is held. The issuance of a caterer’s permit under this section shall in no way prohibit or suspend the lawful operation of the winery or farm winery licensed under this chapter. For purposes of this subdivision, both the permittee and the winery or farm winery licensee shall be responsible for any violations of this chapter or the rules of the authority occurring while the permit is in effect. Liability under the provisions of sections 11-100 and 11-101 of the general obligations law shall accrue to both the permittee and the winery or farm winery licensee. The fee for the permit shall be thirty-eight dollars, provided, however, that no fee shall be charged to a licensed off-premises caterer. Such a permit and the exercise of the privilege granted thereby may be subjected to such rules by the liquor authority as it deems necessary.
Source:
Section 98 — Caterer's permit, https://www.nysenate.gov/legislation/laws/ABC/98 (updated Apr. 26, 2024; accessed Oct. 26, 2024).
