NY Alcoh Bev Ctrl L § 100 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 8 - General Provisions 100 - Alcoholic Beverages Generally.

§ 100. Alcoholic  beverages  generally. 1. No person shall manufacture for sale or sell at wholesale or retail any  alcoholic  beverage  within the state without obtaining the appropriate license therefor required by this chapter.   1-a.  No  person  shall sell, offer for sale, or otherwise provide for the consumption of any powdered or crystalline alcoholic product.   2. No manufacturer and no wholesaler shall sell, or agree to  sell  or deliver  in this state any alcoholic beverage for the purposes of resale to any person who is not duly licensed pursuant to this chapter to  sell such  beverages, at wholesale or retail, as the case may be, at the time of such agreement and sale.   2-a. No retailer shall employ, or permit  to  be  employed,  or  shall suffer  to work, on any premises licensed for retail sale hereunder, any person under the age of eighteen years, as a hostess, waitress,  waiter, or  in  any  other  capacity  where the duties of such person require or permit such person to sell,  dispense  or  handle  alcoholic  beverages; except that: (1) any person under the age of eighteen years and employed by  any  person  holding  a  grocery or drug store beer license shall be permitted to  handle  and  deliver  beer  and  wine  products  for  such licensee, (2) any person under the age of eighteen employed as a cashier by  a  person  holding  a  grocery  or  drug store beer license shall be permitted to record and receive payment for beer and wine product  sales when  in  the  presence  of and under the direct supervision of a person eighteen years of age or  over,  (2-a)  any  person  under  the  age  of eighteen  years and employed by a person holding a grocery store or drug store beer license as either a cashier or in any other position to which handling of containers  which  may  have  held  alcoholic  beverages  is necessary, shall be permitted to handle the containers if such have been presented  for redemption in accordance with the provisions of title ten of article twenty-seven of the environmental conservation law,  and  (3) any  person  under  the  age of eighteen years employed as a dishwasher, busboy, or other such position as to which handling of containers  which may  have held alcoholic beverages is necessary shall be permitted to do so under the direct supervision of a person of  legal  age  to  purchase alcoholic beverages in the state.   2-b.  Subject  to  the  provisions  of  section  ninety-nine-f of this chapter no retailer shall permit or suffer to appear as an  entertainer, on any premises licensed for retail sale hereunder, any person under the age  of  eighteen  years, except that a person under the age of eighteen years may appear as such entertainer, provided that:  (a) the parents or lawful guardian of such person expressly consent in writing to such appearance;  (b) the appearance is for a special function, occasion, or event;  (c) the appearance is approved by and made under the sponsorship of  a primary or secondary school;  (d)  the  appearance  takes place in the presence and under the direct supervision of a teacher of such school; and  (e) the appearance does  not  take  place  in  a  tavern.  Failure  to restrain  such  a person from so appearing shall be deemed to constitute permission.   3. Nothing contained in this chapter shall  be  construed  to  require that  any  food  be  sold  or  purchased  with or in order to obtain any alcoholic beverage for consumption on the premises where sold.   4. Alcoholic beverages may be sold to be consumed on the premises at a bar, counter or similar contrivance.  Only  one  such  bar,  counter  or contrivance shall be permitted in any licensed premises, except that not more than two additional bars, counters or contrivances may be permitted by the liquor authority for good cause shown to it, and upon the payment  to it of a fee, for each additional bar, equivalent to the amount of the annual license fee paid by the licensee or, in the case of an additional bar,  counter  or  contrivance  operated  on  a  seasonal  basis,  a fee equivalent  to the amount of the annual license fee paid by the licensee prorated for the number of months that the seasonal bar is in operation. Provided however that:  (a) if the licensed premises is a legitimate theatre or concert  hall, or  contiguous  to  and used in conjunction with a legitimate theatre or concert hall, additional bars, counters or contrivances may be permitted by the liquor authority upon payment to it  of  an  annual  fee  of  one hundred  dollars for each such additional bar, counter or contrivance so permitted, in addition to the annual license fee paid by such licensee;  (b) if such licensed premises be located  at  a  baseball  park,  race track,  or  either  outdoor or indoor athletic field, facility, arena or stadium, additional bars, counters or contrivances where beer  shall  be sold  at  retail for consumption on the premises may be permitted by the liquor authority, upon payment to it of the annual fee of thirty dollars for each such additional bar, counter or contrivance  so  permitted,  in addition  to  the amount of the annual license fee paid by the licensee; and  (c)  temporary  portable  bars,  counters  or  contrivances  shall  be permitted  in  a  ballroom,  meeting  room or private dining-room on the licensed premises of a hotel, restaurant or club  during  such  time  as said ballroom, meeting room or private dining-room is used for a private dinner, entertainment, meeting or similar affair to which members of the general public are not admitted.   4-a.  At  race  meetings,  authorized  by the state gaming commission, notwithstanding any inconsistent  provision  of  law,  additional  bars, counters  or  contrivances  where  alcoholic  beverages shall be sold at retail for consumption on the premises may be permitted  by  the  liquor authority,  upon  payment to it of a fee equivalent to the amount of the annual or summer  license  fee  paid  by  the  licensee  for  each  such additional  bar,  counter or contrivance so permitted in addition to the amount of the annual or summer license fee paid by the licensee.   4-b. Notwithstanding any inconsistent provision  of  law,  for  venues being  operated  or  to  be  operated  under a license to sell alcoholic beverages for consumption on the premises, and having a capacity for one thousand or more persons, the liquor authority may  issue  licenses  for bars, counters, or similar contrivances in such numbers as the authority may determine in the exercise of its discretion.   5. No retail licensee for off-premises consumption shall sell, deliver or give away, or cause, permit or procure to be sold, delivered or given away any alcoholic beverage, other than as provided herein, on credit: a retail  licensee for off-premises consumption, except a winery licensee, may accept third party credit  cards  for  the  sale  of  any  alcoholic beverage for which it is licensed; a winery licensee having the right to sell  wine at retail for off-premises consumption may accept third party credit cards for the sale of said beverages at the winery premises only; and any person duly authorized to sell wine at  retail  for  consumption off  the  premises may sell on credit to any regularly organized church, synagogue or religious organization, wines to be  used  for  sacramental purposes  only. For purposes of this subdivision, beer and wine products that are delivered and left at  the  residence  of  a  consumer  without payment  of  the  balance  due  thereon  shall  not constitute a sale on credit.   6. Notwithstanding any provision of law, rule  or  regulation  to  the contrary,  a  retail  licensee  for  off-premises  consumption may sell, deliver or give away, or cause, permit or procure to be sold,  delivered  or  given  away  any  alcoholic  beverage  on  credit  to  a business or corporation, provided that the business or corporation is  permitted  to purchase  from  such  retail  licensee  under  this chapter. Such credit period shall not exceed thirty days.   7.  No  licensee  shall  sell  or purchase any receipts, certificates, contracts or  other  documents  issued  for  the  storage  of  alcoholic beverages  except  as provided by the rules of the liquor authority. The liquor authority shall prescribe such rules for the purchase and sale of such receipts, certificates, contracts or other documents issued for the storage  of  alcoholic  beverages  which,  in  its  opinion,  will  best accomplish  (1) Elimination of fraudulent and deceptive transactions;  (2) Protection of purchasers against defaults by sellers;  (3)  The  delivery  of  the  alcoholic  beverages  represented by such receipts or documents, and  (4) The payment of all taxes due thereon to the state.   8. Within ten days after filing a new application to  sell  liquor  at retail  under  section sixty-three of this chapter, a notice thereof, in the form prescribed by the authority, shall be posted by  the  applicant in  a  conspicuous  place  at the entrance to the proposed premises. The applicant shall make reasonable efforts  to  insure  such  notice  shall remain posted throughout the pendency of the application. The provisions hereof  shall  apply  only where no retail liquor license has previously been granted for the proposed premise and shall,  specifically,  not  be applicable  to  a  proposed  sale of an existing business engaged in the retail sale of liquor. The authority may adopt such rules as it may deem necessary to carry out the purpose of this subdivision.   9.  (a)  Within  ten  days  after  filing  a  new  application  or  an application  for  renewal  to  sell  liquor  under  section  sixty-four, sixty-four-a,  sixty-four-b,  sixty-four-c  or  sixty-four-d   of   this chapter,  a  notice  thereof  shall  be  posted  by  the  applicant in a conspicuous place at the  entrance  to  the  establishment  or  proposed establishment  where  it  can  be easily read by passers-by. Said notice shall be in a form prescribed by the authority,  provided  however  that said  notice  shall  be either printed or highlighted in a pink ink of a neon, luminous or fluorescent variety.   The notice  shall  specify  the application  date,  the type of license, any identifying number assigned by the authority, if available at the time of posting such  notice,  and how  to  contact  the  state  liquor authority to give a response to the application. The applicant shall make reasonable efforts to insure  such notice  shall remain posted throughout the pendency of such application. Additionally, within ten days of the applicant's receipt  of  a  written request from the authority, the applicant shall re-post such notice. The authority may adopt such rules as it may deem necessary to carry out the purpose of this paragraph.  (b)  Within ten days of the applicant's receipt of written notice of a hearing  scheduled  pursuant  to  section  sixty-four,  sixty-four-a  or sixty-four-c  of  this  chapter, the applicant shall post a copy of such notice in a conspicuous place at the entrance to  the  establishment  or proposed  establishment  where it can be easily read by passers-by. This notice shall include in clear and concise language a  statement  of  the use  and  capacity  of  the  establishment.  The  applicant  shall  make reasonable efforts to insure such notice shall remain posted  until  the date  of  the  hearing  or  public  meeting  specified  in  such notice. Additionally, within ten days of the applicant's receipt  of  a  written request from the authority, the applicant shall re-post such notice. The authority may adopt such rules as it may deem necessary to carry out the purpose of this paragraph.