[Added 4-11-2022 by L.L. No. 1-2022]
A.
Pursuant to the provisions of Section 20 of the General City Law
of the State of New York and the Charter of the City of Oswego, the
City is authorized to regulate and restrict the location of trades
and industries and the location of buildings, designed for specified
uses, and for said purposes to divide the City into districts and
to prescribe for each such district the trades and industries that
shall be excluded or subjected to special regulation and the uses
for which buildings may not be erected or altered. Such regulations
shall be designed to promote the public health, safety and general
welfare and shall be made with reasonable consideration, among other
things, to the character of the district, its peculiar suitability
for particular uses, the conservation of property values and the direction
of building development, in accord with a well-considered plan. It
is the intent of the Common Council that one or more districts may
be created within the City of Oswego, and the City hereby creates
and designates the following social district: Oswego Social District,
which is designated as shown on a map dated April 4, 2022; the map
is available in the office of the City Clerk, and signage and/or markings
shall be posted clearly delineating the boundaries of the Social District.
B.
The Oswego Social District shall be created, designated, and managed
in accordance with the requirements contained in Section 20 of the
General City Law of the State of New York and the Charter of the City
of Oswego.
As used in this article, the following terms shall have the
meanings indicated:
A person holding any of the following ABC permits issued
by the New York State Alcoholic Beverage Control Law:
Hotel — Allows a person to serve alcoholic beverages in
a hotel for on-premises consumption. A hotel is a building regularly
used for the feeding and lodging of guests. The hotel must have a
kitchen and full restaurant operating within the premises. The sale
of unopened beer to go is allowed. This license is also available
seasonally.
Restaurant Wine (RW 341): Allows a person to serve beer, wine
and cider in a restaurant for on-premises consumption. The restaurant
must have a kitchen and full menu. The sale of unopened beer to go
is allowed. ABC Law §§ 3, Subdivision 27, 81 and 106.
This license is also available seasonally.
Tavern Wine (TW 344): Allows a person to serve beer, wine and
cider in a tavern for on-premises consumption. A tavern must have,
at minimum, a food preparation area and menu satisfying the Authority's
minimum food requirement. The sale of unopened beer to go is allowed.
ABC Law §§ 81-a and 106. This license is also available
seasonally.
On Premises (OP 252): Allows a person to serve beer, wine, liquor
and cider in a restaurant or tavern for on-premises consumption. If
applying for a restaurant you must have a kitchen and full menu. If
applying for a tavern you must at least have a food preparation area
and menu satisfying the Authority's minimum food requirement.
The sale of unopened beer to go is allowed. ABC Law §§ 64
(restaurant), 64-a (tavern) and 106. This license is also available
seasonally.
Eating Place Beer (EB 141): Allows a person to serve beer and
cider in a restaurant or tavern for on-premises consumption. The sale
of unopened beer to go is allowed. ABC Law §§ 55 and
106. This license is also available seasonally.
Ball Park Beer (BP 144): Allows a person to serve beer in baseball
parks, racetracks and other athletic fields or stadiums where admission
fees are charged. ABC Law §§ 55-a and 106.
Catering Establishment: Allows a person to serve alcoholic beverages
in their rentable banquet venue for private events only. The premises
is never open to the general public. Such premises must have suitable
and adequate facilities and accommodations to provide food and service
for not less than 50 persons. This license is also available seasonally.
Club (Members Only): Allows the service of alcoholic beverages
by a not-for-profit corporation or fraternal organization in a premises
for exclusive club purposes. The service of alcoholic beverages is
for members and their guests only. This license is also available
seasonally.
Restaurant Brewer (MR 210): Allows a person to brew beer on
the premises as well as operate a bona fide restaurant serving beer,
wine, liquor and cider. The premises must have a kitchen and full
menu. A person may operate up to five separate locations, and may
produce 5,000 barrels of beer per location, not to exceed 20,000 barrels
in total for all locations. ABC Law §§ 64-c and 106.
Supplemental Restaurant Brewer (MR 910): Allows a person holding
a Restaurant Brewer's license to sell beer brewed on the licensed
premises at retail to a person for consumption in his home, in bulk
and not for resale at a clambake, barbecue, picnic outing or other
similar outdoor gathering for more than 50 persons. It also allows
for them to wholesale, via a licensed wholesaler, their beer to other
licensed premises owned by the restaurant brewer. ABC Law § 64-c.
Cabaret Liquor (CR 256): Allows a person to serve beer, wine,
liquor and cider upon a premises specializing in musical entertainment.
Must have a capacity for at least 600 persons. The sale of unopened
beer to go is allowed. ABC Law §§ 64-d and 106.
Food Concessionaire Arrangement with an on-premises license:
Allows a food provider hired by a licensee to operate within a licensed
premises. A concessionaire may not handle alcohol at any time. The
application should be filed and approved prior to the concessionaire
operating at the premises. SLA Advisory #2015-2.
Bed and Breakfast: Allows a person to serve alcoholic beverages
to overnight guests only. A full restaurant is not required.
Bed and Breakfast Wine (BW 340): ABC Law §§ 81,
64, Subdivision 5-a, and 106.
Bed and Breakfast Liquor (BB 253) 3 Bedrooms: ABC Law §§ 64
and 106.
Bed and Breakfast Liquor (BB 254) 4 Bedrooms: ABC Law §§ 64
and 106.
Bed and Breakfast Liquor (BB 257) 5 Bedrooms: ABC Law §§ 64
and 106.
Chain Restaurant: Allows a restaurant, previously approved for
chain status, to file an application to add a new location.
Bottle Club: Allows a person to provide alcoholic beverages
at no cost (and not in exchange for the purchase of another service
or item) and/or to allow patrons to bring their own alcoholic beverages
to the premises for consumption (a corkage fee may be charged on outside
beverages). The bottle club is not required to make food available
to patrons. ABC Law § 64-b.
An individual, firm, partnership, association, corporation,
limited liability company, other organization or group, or other combination
of individuals acting as a unit.
A fixed permanent establishment, including all areas inside
or outside the permitted establishment, where the permittee has control
through a lease, deed, or other legal process.
A defined outdoor area in which a citizen may consume alcoholic
beverages sold by a permittee. This term does not include the permittee's
licensed premises or an extended area allowed under the Alcoholic
Beverage Control Law of the State of New York.
A.
The provisions and terms contained in this article shall be applicable
between the hours of 12:00 noon and 10:00 p.m., Monday through Sunday,
from June 1 to October 1. At all other times, the provisions and terms
contained in this article are not in effect and all provisions of
state and local laws concerning the possession and consumption of
alcohol shall be in full force and effect.
B.
Any alcoholic beverage purchased for consumption in the Oswego Social
District shall i) only be consumed in the Oswego Social District and
ii) be disposed of before the person in possession of the alcoholic
beverage exits the Oswego Social District unless the person is reentering
the licensed premises where the alcoholic beverage was purchased.
A permittee located in or contiguous to the Oswego Social District
may sell alcoholic beverages for consumption within the Oswego Social
District it is located in or contiguous to in accordance with the
following requirements:
A.
The permittee shall only sell and serve alcoholic beverages on its
licensed premises.
B.
The permittee shall only sell alcoholic beverages for consumption
in the Oswego Social District in a container that meets all of the
following requirements:
(1)
The container clearly identifies the permittee from which the alcoholic
beverage was purchased.
(2)
The container clearly displays a logo or some other mark that is
unique to the Oswego Social District.
(3)
The container is not comprised of glass.
(4)
The container displays, in no less than twelve-point font, the statement,
"Drink Responsibly - Be 21."
(5)
The container shall be clear and shall not hold more than 16 fluid
ounces.
C.
The permittee shall not allow a person to enter or reenter its licensed
premises with an alcoholic beverage not sold by the permittee.
D.
No person shall enter or reenter a licensed premises with an alcoholic
beverage not sold by that same licensed premises. However, nothing
contained in this article prohibits a person from entering a nonlicensed
premises, such as a shop or store, with an alcoholic beverage purchased
within the Oswego Social District, provided the shop or store permits
such entry and is located within the Oswego Social District.
The possession and consumption of an alcoholic beverage in the
Oswego Social District is subject to all of the following requirements:
A.
Only alcoholic beverages purchased from a permittee located in or
contiguous to the Oswego Social District may be possessed and consumed.
B.
Alcoholic beverages shall only be in containers meeting the requirements set forth in § 59-18 of this article.
C.
Alcoholic beverages shall only be possessed and consumed during the days and hours set forth in § 59-17A of this article.
D.
Nothing in this section shall be construed as authorizing the sale
and delivery of alcoholic beverage drinks in excess of the limitation
set forth in the Alcoholic Beverage Control Law of the State of New
York.
E.
A person shall dispose of any alcoholic beverage in the person's
possession prior to exiting the Oswego Social District unless the
person is reentering the licensed premises where the alcoholic beverage
was purchased.
A.
Any person who violates this article, and any person who aids, abets,
encourages, assists in, or contributes to such violation, shall be
guilty of a Class B misdemeanor.
B.
The violation of any of the provisions of this article shall be punishable
by a maximum fine of $250 or by imprisonment for 15 days, or by both
such fine and imprisonment, or such other penalties pursuant to the
Penal Law of the State of New York. Each violation shall continue
shall constitute a separate violation.
If any section, phrase, sentence or portion of this article
is held void, invalid, unconstitutional or unenforceable for any reason
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision; and such holding
shall not affect the validity of the remaining portions thereof.
