N.Y. ABC Law § 105 — New York Code / Act ABC / Article 8 / Section 105
Provisions governing licensees to sell at retail for consumption off the premises
Status: in_force

§ 105. Provisions governing licensees to sell at retail for\nconsumption off the premises. 1. No retail license to sell liquors\nand/or wines for consumption off the premises shall be granted for any\npremises, unless the applicant shall be the owner thereof, or shall be\nin possession of said premises under a lease, management agreement or\nother agreement giving the applicant control over the food and beverage\nservice at the premises, in writing, for a term not less than the\nlicense period except, however, that such license may thereafter be\nrenewed without the requirement of a lease, management agreement or\nother agreement giving the applicant control over the food and beverage\nservice at the premises, as herein provided. This subdivision shall not\napply to premises leased from government agencies, as defined under\nsubdivision twelve-c of section three of this chapter; provided,\nhowever, that the appropriate administrator of such government agency\nprovides some form of written documentation regarding the terms of\noccupancy under which the applicant is leasing said premises from the\ngovernment agency for presentation to the state liquor authority at the\ntime of the license application. Such documentation shall include the\nterms of occupancy between the applicant and the government agency,\nincluding, but not limited to, any short-term leasing agreements or\nwritten occupancy agreements.\n  2. (a) Notwithstanding any provision of this chapter to the contrary,\na retail licensee to sell liquor and/or wine for consumption off the\npremises shall be authorized to sell up to six bottles of wine or liquor\nin the aggregate per week to a retail licensee for on-premises\nconsumption.\n  (b) Both the retail licensee for on-premises consumption and the\nretail licensee for off-premises consumption shall retain evidence of\neach purchase of wine and liquor from a retailer licensed to sell liquor\nand/or wine for consumption off the premises in the form of a purchase\nreceipt showing the name of the retailer, the date of purchase, a\ndescription of the alcohol beverages purchased, and the price paid for\nthe alcohol beverages. The retail licensee for on-premises consumption\nand the retail licensee for off-premises consumption shall retain the\nreceipt and make it available for inspection by the state liquor\nauthority and its duly authorized agents and employees.\n  3. (a) No retail license to sell liquor and/or wine for off-premises\nconsumption shall be granted for any premises which shall be located on\nthe same street or avenue, and within two hundred feet of a building\noccupied exclusively as a school, church, synagogue or other place of\nworship; the measurements to be taken in a straight line from the center\nof the nearest entrance to the building used for such school, church,\nsynagogue or other place of worship to the center of the nearest\nentrance of the premises to be licensed; except, however, that no\nlicense shall be denied to any premises at which a license under this\nchapter has been in existence continuously from a date prior to the date\nwhen a building on the same street or avenue and within two hundred feet\nof said premises has been occupied exclusively as a school, church,\nsynagogue or other place of worship.\n  (b) Within the context of this subdivision, the word "entrance" shall\nmean a door of a school, of a house of worship, or of the premises\nsought to be licensed, regularly used to give ingress to students of the\nschool, to the general public attending the place of worship, and to\npatrons or guests of the premises proposed to be licensed, except that\nwhere a school or house of worship is set back from a public\nthoroughfare, the walkway or stairs leading to any such door shall be\ndeemed an entrance; and the measurement shall be taken to the center of\nthe walkway or stairs at the point where it meets the building line or\npublic thoroughfare. A door which has no exterior hardware, or which is\nused solely as an emergency or fire exit, or for maintenance purposes,\nor which leads directly to a part of a building not regularly used by\nthe general public or patrons, is not deemed an "entrance".\n  (c) Within the context of this subdivision, a building occupied as a\nplace of worship does not cease to be "exclusively" occupied as a place\nof worship by incidental uses that are not of a nature to detract from\nthe predominant character of the building as a place of worship, such\nuses which include, but which are not limited to: the conduct of legally\nauthorized games of bingo or other games of chance held as a means of\nraising funds for the not-for-profit religious organization which\nconducts services at the place of worship or for other not-for-profit\norganizations or groups; use of the building for fund-raising\nperformances by or benefitting the not-for-profit religious\norganizations which conducts services at the place of worship or other\nnot-for-profit organizations or groups; the use of the building by other\nreligious organizations or groups for religious services or other\npurposes; the conduct of social activities by or for the benefit of the\ncongregants; the use of the building for meetings held by organizations\nor groups providing bereavement counseling to persons having suffered\nthe loss of a loved one, or providing advice or support for conditions\nor diseases including, but not limited to, alcoholism, drug addiction,\ncancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the\nuse of the building for blood drives, health screenings, health\ninformation meetings, yoga classes, exercise classes or other activities\nintended to promote the health of the congregants or other persons; and\nuse of the building by non-congregant members of the community for\nprivate social functions. The building occupied as a place of worship\ndoes not cease to be "exclusively" occupied as a place of worship where\nthe not-for-profit religious organization occupying the place of worship\naccepts the payment of funds to defray costs related to another party's\nuse of the building.\n  (d) The provisions of this subdivision shall not apply to premises\nlocated wholly within the boundaries of the county of Warren, bounded\nand described as follows:\n  ALL THAT CERTAIN LOT OR PARCEL OF LAND situate in the City of Glens\nFalls, County of Warren, New York, bounded and described as follows:\nBeginning at the intersection of the southwesterly side of Glen Street\nwith the northwesterly side of South Street and running thence along the\nsouthwesterly side of Glen Street north 51 degrees 51 minutes west\nsixty-five and fifty-two one hundredths feet (65.52) to premises now or\nformerly owned by Daniel L. Robertson, being the store lot formerly\nowned by Ruliff Kipp; thence south 38 degrees 9 minutes west along the\nsoutheasterly side of said Robertson lot nine and fifty-eight one\nhundredths feet (9.58) to a point at the southeasterly corner of the\nfoundation of the building on said Robertson property and at the\nnortheasterly corner of the foundation of the building on the premises\nherein described and continuing on the same course and along the said\nsoutheasterly side of said Robertson lot one hundred ten and thirty-nine\none-hundredths feet (110.39) (said course being in all one hundred\nnineteen and ninety-seven one hundredths feet (119.97) to the\nnortheasterly line of the premises formerly owned by Colvin & Parks upon\nwhich is constructed the Empire Theatre; thence along said northeasterly\nline of said Colvin & Parks (now Empire Theatre Lot) south 48 degrees 2\nminutes east eighteen and thirty-five one-hundredths feet (18.35) to an\nangle point in said property line of lands formerly of Colvin & Parks\n(now Empire Theatre Lot) which point is north 58 degrees 32 minutes west\nsixty-two and seventy-four one-hundredths feet (62.74) from the\nnorthwesterly side of South Street; thence continuing along the\nnortheasterly line of said Colvin & Parks (now Empire Theatre Lot) south\n58 degrees 32 minutes east sixty-two and seventy-four one-hundredths\nfeet (62.74) to the northwesterly side of South Street and to a point 12\nfeet measured along said northwesterly side of South Street from the\nsoutheasterly corner of the foundation of the building on said premises\nherein described (formerly American Hotel and later Hotel Ruliff and now\nPlaza Hotel); thence along the said northwesterly side of said South\nStreet north 30 degrees 36 minutes east one hundred fourteen and\nninety-one hundredths feet (114.90) to the point or place of beginning.\n  "Reserving, however, the right of way between the said Colvin & Parks\nline and the said Plaza Hotel Building and along the northerly line of\nsaid Colvin & Parks property sufficient for teams to pass through and\nfor all pedestrians seeking ingress and egress from said Colvin & Parks\nland which right of way shall not be obstructed or built over by the\nowner of the premises herein described, its successors or assigns."\n  Excepting and reserving from the foregoing, the underground passageway\nor vault, located in the alley extending westerly from South Street in\nsaid City of Glens Falls, beside the building located on the lands now\nor formerly of Empire Real Estate & Theatre Co., as described in a deed\nfrom J.E. Bennett and Nicholas Kakoulis to New York Power and Light\nCorporation, dated the 13th day of November, 1942 and recorded in the\nWarren County Clerk's Office on the 16th day of January, 1943 in Book\n223 of Deeds at page 535, together with the rights of way and easements\ntherein provided.\n  5. No retail licensee of liquor and/or wine for off-premises\nconsumption shall keep upon the licensed premises any liquors and/or\nwines in any cask, barrel, keg, hogshead or other container, except in\nthe original sealed package, as received from the manufacturer or\nwholesaler. Such containers shall have affixed thereto such labels as\nmay be required by the rules of the liquor authority, together with all\nnecessary federal revenue and New York state excise tax stamps, as\nrequired by law. Such containers shall not be opened nor its contents\nconsumed on the premises where sold, except for the purpose of wine\ntasting or sampling by any person pursuant to authorization to conduct\nsuch a sampling or tasting pursuant to subdivision three of section\nseventy-six of this chapter except those to whom sales are prohibited in\nsection sixty-five of this chapter. The provisions of this subdivision\nshall not prohibit a licensed winery or farm winery from selling or\ndelivering wine to a consumer for off-premises consumption in a\ncontainer not to exceed four liters in capacity that shall have a\ntemporarily secured seal for purposes of removing the wine from the\npremises.\n  6. Each person licensed to sell liquor and/or wine for off-premises\nconsumption shall have painted on the front window of the licensed\npremises, the name of the licensee together with the inscription, "New\nYork State Retail Liquor or Wine Store License No. .........," as the\ncase may be, in uniform letters not less than three and one-half inches\nin height.\n  7. No sign of any kind printed, painted or electric, advertising any\nbrand of liquors or wines shall be permitted on the exterior or interior\nof such premises, except by permission of the liquor authority.\n  8. No retail licensee, for off-premises consumption, shall transport\nliquors or wines in any vehicle owned and operated or hired and operated\nby such retail licensee, for off-premises consumption, except liquors\nand wines transported to the home of a purchaser not to be resold by the\npurchaser, unless there shall be attached to or inscribed upon both\nsides of such vehicle a sign, showing the name and address of the\nlicensee together with the following inscription, "New York State Retail\nLiquor or Wine Store License No. . . . . . . . . . ," as the case may\nbe, in uniform letters not less than three and one-half inches in\nheight, except deliveries may be made in passenger type vehicles owned\nby the licensee and operated by the licensee or his agent, or hired by\nthe licensee and operated by the licensee or his agent, provided the\nperson making the delivery shall have upon his person while so\ndelivering a photostatic copy of the current license issued by the\nauthority. In lieu of such sign, a retail licensee may have in the cab\nof such vehicle a photostatic copy of its current license issued by the\nauthority, and such copy duly authenticated by the authority.\n  9. No retail licensee for off-premises consumption shall deliver any\nliquors or wines except in vehicles owned and operated by such licensee,\nor hired and operated by such licensee from a trucking or transportation\ncompany registered with the liquor authority, and shall only make such\ndeliveries at the premises of the purchaser.\n  10. (a) Each retail licensee of liquor and/or wine for off-premises\nconsumption shall have conspicuously displayed within the interior of\nthe licensed premises where sales are made and where it can be readily\ninspected by consumers a printed price list of the liquors and/or wines\noffered for sale therein; and no liquor and/or wine shall be sold except\nat the price set forth in such list;\n  (b) No screen, blind, curtain, partition, article or thing shall be\npermitted in the windows or upon the doors of such licensed premises,\nwhich shall prevent a clear view into the interior of such licensed\npremises from the sidewalk, at all times; and\n  (c) No booth, screen, partition or other obstruction shall be\npermitted in the interior of said licensed premises.\n  11. No retail licensee of liquor and/or wine for off-premises\nconsumption shall keep or permit to be kept upon the licensed premises,\nany liquors and/or wines in any unsealed bottle or other unsealed\ncontainer, except for the purpose of wine tasting or sampling by any\nperson pursuant to authorization to conduct such a sampling or tasting\npursuant to subdivision three of section seventy-six of this chapter\nexcept those to whom sales are prohibited in section sixty-five of this\nchapter. The provisions of this subdivision shall not prohibit a\nlicensed winery or farm winery from selling or delivering wine to a\nconsumer for off-premises consumption in a container not to exceed four\nliters in capacity that shall have a temporarily secured seal for\npurposes of removing the wine from the premises.\n  12. No retail licensee of liquor and/or wine for off-premises\nconsumption shall sell or deliver any liquors and/or wines to any person\nwith knowledge of, or with reasonable cause to believe, that the person\nto whom such liquors and/or wines are so sold or delivered, has acquired\nthe same for the purpose of peddling them from place to place, or of\nselling or giving them away in violation of the provisions of this\nchapter or in violation of the rules and regulations of the liquor\nauthority.\n  14. (a) No premises licensed to sell liquor and/or wine for\noff-premises consumption shall be permitted to remain open:\n  (i) On Sunday before ten o'clock ante meridian and after ten o'clock\npost meridian.\n  (ii) On any day between midnight and eight o'clock antemeridian.\n  In any community where daylight saving time is in effect, such time\nshall be deemed the standard time for the purpose of this subdivision.\n  (b) This subdivision shall only be interpreted to prohibit the sale of\nliquor and/or wine for off-premises consumption when it is closed to the\npublic, provided however, retail licensees may undertake all other\nactivities allowed during the course of normal business operations\nincluding but not limited to:\n  (i) placing orders with or taking deliveries from wholesalers;\n  (ii) meeting with individuals who have valid solicitors permits issued\nby the liquor authority;\n  (iii) stocking shelves;\n  (iv) filling or building displays; and\n  (v) rotating product on store shelves.\n  15. Each retail licensee for off-premises consumption shall keep and\nmaintain upon the licensed premises, adequate books and records of all\ntransactions involving the business transacted by such licensee, which\nshall show the amount of liquors and wines, purchased by such licensee\ntogether with the names, license numbers and places of business of the\npersons from whom the same were purchased, and the amount involved in\nsuch purchases, as well as the amount of liquors or wines, sold by such\nlicensee, and the amount involved in each sale. Such books and records\nshall be available for inspection by any authorized representative of\nthe liquor authority.\n  16. No retail licensee to sell liquors and/or wines for off-premises\nconsumption shall be interested, directly or indirectly, in any premises\nwhere liquors, wines or beer are manufactured or sold at wholesale or\nany other premises where liquor or wine is sold at retail for\noff-premises consumption, by stock ownership, interlocking directors,\nmortgage or lien on any personal or real property or by any other means.\nAny lien, mortgage or other interest or estate, however, now held by\nsuch retailer on or in the personal or real property of such\nmanufacturer or wholesaler, which mortgage, lien, interest or estate was\nacquired on or before December thirty-first, nineteen hundred\nthirty-two, shall not be included within the provisions of this\nsubdivision; provided, however, the burden of establishing the time of\nthe accrual of the interest comprehended by this subdivision, shall be\nupon the person who claims to be entitled to the protection and\nexemption afforded hereby.\n  17. No retail licensee for off-premises consumption shall make or\ncause to be made any loan to any person engaged in the manufacture or\nsale of liquors, wines or beer at wholesale. No retail licensee to sell\nliquors and/or wines for off-premises consumption shall make or cause to\nbe made any loan to any person engaged in the manufacture or sale of\nliquors, wines or beer at wholesale or to any person engaged in the sale\nof liquors and/or wines at retail for off-premises consumption.\n  18. A drug store holding a permit to sell liquors and/or wines for\noff-premises consumption pursuant to this chapter shall be subject to\nthe following conditions:\n  (a) Liquors and/or wines sold by it shall not be consumed on the\npremises where sold or in any outbuilding, yard, booth or garden\nappertaining thereto or connected therewith.\n  (b) Such permittee shall keep and maintain upon the licensed premises,\nadequate books and records, which shall show the amount of liquors and\nwines, in gallons, purchased by such permittee together with the names,\nlicense numbers and places of business, of the persons from whom the\nsame were purchased and the amount involved in such purchases, which\nbooks and records shall be available for inspection by any authorized\nrepresentative of the liquor authority.\n  (c) No liquor or wine shall be displayed in any window of the premises\ndesignated in the drug store permit.\n  (d) No drug store permittee shall use any placard or card advertising\nthe sale of any liquor or wine unless such card, placard or\nadvertisement shall conspicuously state that the sale of liquor or wine\nin the said premises designated in the drug store permit is limited to\nmedicinal liquor to be sold by prescription only.\n  20. Each retail licensee of liquor and/or wine shall designate the\nprice of each item of liquor or wine by attaching to or otherwise\ndisplaying immediately adjacent to each such item displayed in the\ninterior of the licensed premises where sales are made a price tag, sign\nor placard setting forth the bottle price at which each such item is\noffered for sale therein.\n  21. No retail license to sell liquor and/or wine for consumption off\nthe premises shall be granted for any public billiard or pocket billiard\nroom, or for establishments of any description in which billiards is\nplayed or which maintains any apparatus or paraphernalia for the playing\nof billiards or pocket billiards and is conducted as a public place of\nbusiness for profit. Notwithstanding any prohibition to the contrary, a\nlicense may be issued to an establishment wherein billiards or pocket\nbilliards are played or may be played on a table which measures not more\nthan three feet by six feet provided that not more than two such tables\nare in the establishment at any one time and further provided that the\ncue sticks used, and available for use, are made of light plexiglass or\nsome similar light material.\n  22. No person licensed to sell alcoholic beverages at retail for\noff-premises consumption, shall suffer or permit any gambling, or offer\nany gambling on the licensed premises, or suffer or permit illicit drug\nactivity on the licensed premises. The use of the licensed premises or\nany part thereof for the sale of lottery tickets, when duly authorized\nand lawfully conducted thereon, shall not constitute gambling within the\nmeaning of this subdivision.\n  23. All premises licensed under sections fifty-four, fifty-four-a,\nsixty-three and seventy-nine of this chapter shall be subject to\ninspection by any peace officer described in subdivision four of section\n2.10 of the criminal procedure law acting pursuant to his special\nduties, or police officer or any duly authorized representative of the\nstate liquor authority, during the hours when the said premises are open\nfor the transaction of business.\n  24. The provisions of subdivisions sixteen and seventeen of this\nsection shall not apply to any interest in a wholesale premise outside\nthe United States, held by any business or entity located on any parcel\nof land, situate, lying and being in the Borough of Manhattan, City,\nCounty and State of New York, bounded and described as follows:\n  Beginning at a point on the southerly side of 72nd Street distant 179\nfeet easterly from the southerly corner of Amsterdam Avenue and 72nd\nStreet; Running thence southerly and parallel with the easterly side of\nAmsterdam Avenue 102 feet 2 inches to the center line of the block;\nThence easterly and parallel with the southerly side of 72nd Street 21\nfeet; Thence northerly and parallel with the easterly side of Amsterdam\nAvenue and part of the distance through a party wall 102 feet 2 inches\nto the southerly side of 72nd Street; Thence westerly along the\nsoutherly side of 72nd Street 21 feet to the point or place of\nBeginning.\n  * 25. (a) The provisions of subdivisions sixteen and seventeen of this\nsection shall not apply to any interest in a manufacturer inside or\noutside the United States, held by any business or entity located on any\nparcels of land in the Borough and County of the Bronx, City and State\nof New York, bounded and described as follows:\n  Parcel A: Beginning at a point within block 1044, lot 15, said point\nbeing distant the following four (4) courses from the point formed by\nthe intersection of the westerly line of Baretto street (60 feet wide)\nwith the northerly line of Lafayette (100 feet wide); Along said\nwesterly line of Baretto street, north 41 degrees 26 minutes 45 seconds\nwest, a distance of 197.70 feet to an angle point therein, thence;\nContinuing along said line of Baretto street, north 53 degrees 34\nminutes 00 seconds west, a distance of 14.21 feet to a point, thence;\nThrough block 2739, lot 15, south 55 degrees 00 minutes 00 seconds west,\na distance of 75.72 feet to a point, thence; Continuing through block\n2739, lot 15, south 10 degrees 00 minutes 00 seconds west, a distance of\n8.19 feet to the point and place of beginning, thence; From said point\nof beginning the following four courses; South 35 degrees 00 minutes 00\nseconds east, a distance of 42.59 feet to a point, thence; south 55\nDegrees 00 minutes 00 seconds west, a distance of 18.44 feet to a point,\nthence; North 35 degrees 00 minutes 00 seconds west, a distance of 42.59\nfeet to a point, thence; North 55 degrees 00 minutes 00 seconds east, a\ndistance of 18.44 feet to the point of beginning. Containing within said\nbounds 785 square feet or 0.0180 AC.\n  Parcel B: Beginning at a point within block 1044, lot 15, said point\nbeing distant the following four (4) courses from the point formed by\nthe intersection of the westerly line of Baretto street (60 feet wide)\nwith the northerly line of Lafayette (100 feet wide); Along said\nwesterly line of Baretto Street, North 41 degrees 26 minutes 45 seconds\nwest, a distance of 197.70 feet to an angle point therein, thence;\nContinuing along said line of Baretto street, North 53 degrees 34\nminutes 00 seconds west, a distance of 14.21 feet to a point, thence;\nThrough block 2739, lot 15, South 55 degrees 00 minutes 00 seconds west,\na distance of 142.85 feet to a point, thence; Continuing through block\n2739, lot 15, South 10 degrees 00 minutes 00 seconds west, a distance of\n8.19 feet to the point and place of beginning, thence; From said point\nof beginning the following four courses; South 35 degrees 00 minutes 00\nseconds east, a distance of 42.02 feet to a point, thence; south 55\nDegrees 00 minutes 00 seconds west, a distance of 40.86 feet to a point,\nthence; North 35 degrees 00 minutes 00 seconds west, a distance of 42.02\nfeet to a point, thence; North 55 degrees 00 minutes 00 seconds east, a\ndistance of 40.86 feet to the point of beginning. Containing within said\nbounds 1,717 square feet or 0.0394 AC.\n  (b) Provided, however, that with respect to such retail licensee's\ninterest in a business engaged in the manufacture of alcoholic beverages\ndescribed in subdivision sixteen or seventeen of this section:\n  (i) such interest shall have been acquired prior to the effective date\nof this subdivision; and\n  (ii) such retail licensee shall not purchase alcoholic beverages\ndirectly from any such manufacturer.\n  * NB Repealed upon certain provisions (see chapter 362 of 2024 § 2)\n