NY Alcoh Bev Ctrl L § 105 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 8 - General Provisions 105 - Provisions Governing Licensees to Sell at Retail for Consumption Off the Premises.

§ 105. Provisions   governing   licensees   to   sell  at  retail  for consumption off the premises. 1.  No  retail  license  to  sell  liquors and/or  wines  for consumption off the premises shall be granted for any premises, unless the applicant shall be the owner thereof, or  shall  be in  possession  of  said premises under a lease, management agreement or other agreement giving the applicant control over the food and  beverage service  at  the  premises,  in  writing,  for  a term not less than the license period except, however, that  such  license  may  thereafter  be renewed  without  the  requirement  of  a lease, management agreement or other agreement giving the applicant control over the food and  beverage service  at the premises, as herein provided. This subdivision shall not apply to premises leased from  government  agencies,  as  defined  under subdivision  twelve-c  of  section  three  of  this  chapter;  provided, however, that the appropriate administrator of  such  government  agency provides  some  form  of  written  documentation  regarding the terms of occupancy under which the applicant is leasing said  premises  from  the government  agency for presentation to the state liquor authority at the time of the license application. Such documentation  shall  include  the terms  of  occupancy  between  the  applicant and the government agency, including, but not limited to,  any  short-term  leasing  agreements  or written occupancy agreements.   2.  No  premises  shall  be  licensed  to sell liquors and/or wines at retail for off premises  consumption,  unless  said  premises  shall  be located  in  a  store, the principal entrance to which shall be from the street level and located on a public thoroughfare in premises which  may be occupied, operated or conducted for business, trade or industry or on an  arcade  or  sub-surface thoroughfare leading to a railroad terminal. There may be not more than one additional entrance which shall  be  from the  street  level and located on and giving access to and from a public or private parking lot or parking area having space for  not  less  than five automobiles.   3.  (a)  No retail license to sell liquor and/or wine for off-premises consumption shall be granted for any premises which shall be located  on the  same  street  or  avenue, and within two hundred feet of a building occupied exclusively as a school, church, synagogue or  other  place  of worship; the measurements to be taken in a straight line from the center of  the  nearest  entrance to the building used for such school, church, synagogue or other place  of  worship  to  the  center  of  the  nearest entrance  of  the  premises  to  be  licensed;  except, however, that no license shall be denied to any premises at which a  license  under  this chapter has been in existence continuously from a date prior to the date when a building on the same street or avenue and within two hundred feet of  said  premises  has  been  occupied exclusively as a school, church, synagogue or other place of worship.  (b) Within the context of this subdivision, the word "entrance"  shall mean  a  door  of  a  school,  of a house of worship, or of the premises sought to be licensed, regularly used to give ingress to students of the school, to the general public attending the place  of  worship,  and  to patrons  or  guests of the premises proposed to be licensed, except that where  a  school  or  house  of  worship  is  set  back  from  a  public thoroughfare,  the  walkway  or stairs leading to any such door shall be deemed an entrance; and the measurement shall be taken to the center  of the  walkway  or stairs at the point where it meets the building line or public thoroughfare. A door which has no exterior hardware, or which  is used  solely  as an emergency or fire exit, or for maintenance purposes, or which leads directly to a part of a building not  regularly  used  by the general public or patrons, is not deemed an "entrance".  (c)  Within  the context of this subdivision, a building occupied as a place of worship does not cease to be "exclusively" occupied as a  place of  worship  by incidental uses that are not of a nature to detract from the predominant character of the building as a place  of  worship,  such uses which include, but which are not limited to: the conduct of legally authorized  games  of  bingo or other games of chance held as a means of raising  funds  for  the  not-for-profit  religious  organization  which conducts  services  at  the place of worship or for other not-for-profit organizations  or  groups;  use  of  the   building   for   fund-raising performances    by   or   benefitting   the   not-for-profit   religious organizations which conducts services at the place of worship  or  other not-for-profit organizations or groups; the use of the building by other religious  organizations  or  groups  for  religious  services  or other purposes; the conduct of social activities by or for the benefit of  the congregants;  the use of the building for meetings held by organizations or groups providing bereavement counseling to  persons  having  suffered the  loss  of a loved one, or providing advice or support for conditions or diseases including, but not limited to, alcoholism,  drug  addiction, cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the use  of  the  building  for  blood  drives,  health  screenings,  health information meetings, yoga classes, exercise classes or other activities intended to promote the health of the congregants or other persons;  and use  of  the  building  by  non-congregant  members of the community for private social functions. The building occupied as a  place  of  worship does  not cease to be "exclusively" occupied as a place of worship where the not-for-profit religious organization occupying the place of worship accepts the payment of funds to defray costs related to another  party's use of the building.   5.   No  retail  licensee  of  liquor  and/or  wine  for  off-premises consumption shall keep upon the licensed  premises  any  liquors  and/or wines  in  any cask, barrel, keg, hogshead or other container, except in the original sealed  package,  as  received  from  the  manufacturer  or wholesaler.  Such  containers  shall have affixed thereto such labels as may be required by the rules of the liquor authority, together with  all necessary  federal  revenue  and  New  York  state excise tax stamps, as required by law. Such containers shall not be opened  nor  its  contents consumed  on  the  premises  where  sold, except for the purpose of wine tasting or sampling by any person pursuant to authorization  to  conduct such  a  sampling  or  tasting  pursuant to subdivision three of section seventy-six of this chapter except those to whom sales are prohibited in section sixty-five of this chapter. The provisions of  this  subdivision shall  not  prohibit  a  licensed  winery or farm winery from selling or delivering  wine  to  a  consumer  for  off-premises  consumption  in  a container  not  to  exceed  four  liters  in  capacity that shall have a temporarily secured seal for purposes of  removing  the  wine  from  the premises.   6.  Each  person  licensed to sell liquor and/or wine for off-premises consumption shall have painted on  the  front  window  of  the  licensed premises,  the  name of the licensee together with the inscription, "New York State Retail Liquor or Wine Store License No.  .........,"  as  the case  may be, in uniform letters not less than three and one-half inches in height.   7. No sign of any kind printed, painted or electric,  advertising  any brand of liquors or wines shall be permitted on the exterior or interior of such premises, except by permission of the liquor authority.   8.  No  retail licensee, for off-premises consumption, shall transport liquors or wines in any vehicle owned and operated or hired and operated by such retail licensee, for off-premises  consumption,  except  liquors  and wines transported to the home of a purchaser not to be resold by the purchaser,  unless  there  shall  be  attached to or inscribed upon both sides of such vehicle a sign,  showing  the  name  and  address  of  the licensee together with the following inscription, "New York State Retail Liquor  or  Wine  Store License No. . . . . . . . . . ," as the case may be, in uniform letters not  less  than  three  and  one-half  inches  in height,  except  deliveries may be made in passenger type vehicles owned by the licensee and operated by the licensee or his agent, or  hired  by the  licensee  and  operated  by the licensee or his agent, provided the person  making  the  delivery  shall  have  upon  his  person  while  so delivering  a  photostatic  copy  of  the  current license issued by the authority. In lieu of such sign, a retail licensee may have in  the  cab of  such vehicle a photostatic copy of its current license issued by the authority, and such copy duly authenticated by the authority.   9. No retail licensee for off-premises consumption shall  deliver  any liquors or wines except in vehicles owned and operated by such licensee, or hired and operated by such licensee from a trucking or transportation company  registered  with the liquor authority, and shall only make such deliveries at the premises of the purchaser.   10. (a) Each retail licensee of liquor and/or  wine  for  off-premises consumption  shall  have  conspicuously displayed within the interior of the licensed premises where sales are made and where it can  be  readily inspected  by consumers a printed price list of the liquors and/or wines offered for sale therein; and no liquor and/or wine shall be sold except at the price set forth in such list;  (b) No screen, blind, curtain, partition, article or  thing  shall  be permitted  in  the  windows or upon the doors of such licensed premises, which shall prevent a clear view into  the  interior  of  such  licensed premises from the sidewalk, at all times; and  (c)  No  booth,  screen,  partition  or  other  obstruction  shall  be permitted in the interior of said licensed premises.   11.  No  retail  licensee  of  liquor  and/or  wine  for  off-premises consumption  shall keep or permit to be kept upon the licensed premises, any liquors and/or wines  in  any  unsealed  bottle  or  other  unsealed container,  except  for  the  purpose of wine tasting or sampling by any person pursuant to authorization to conduct such a sampling  or  tasting pursuant  to  subdivision  three  of section seventy-six of this chapter except those to whom sales are prohibited in section sixty-five of  this chapter.  The  provisions  of  this  subdivision  shall  not  prohibit a licensed winery or farm winery from selling  or  delivering  wine  to  a consumer  for off-premises consumption in a container not to exceed four liters in capacity that  shall  have  a  temporarily  secured  seal  for purposes of removing the wine from the premises.   12.  No  retail  licensee  of  liquor  and/or  wine  for  off-premises consumption shall sell or deliver any liquors and/or wines to any person with knowledge of, or with reasonable cause to believe, that the  person to whom such liquors and/or wines are so sold or delivered, has acquired the  same  for  the  purpose of peddling them from place to place, or of selling or giving them away in  violation  of  the  provisions  of  this chapter  or  in  violation  of  the  rules and regulations of the liquor authority.   14.  (a)  No  premises  licensed  to  sell  liquor  and/or  wine   for off-premises consumption shall be permitted to remain open:  (i)  On  Sunday  before  twelve  o'clock  post meridian and after nine o'clock post meridian.  (ii) On any day between midnight and eight o'clock antemeridian.  (iii) On the twenty-fifth day of December, known as Christmas day.    In any community where daylight saving time is in  effect,  such  time shall be deemed the standard time for the purpose of this subdivision.  (b) This subdivision shall only be interpreted to prohibit the sale of liquor and/or wine for off-premises consumption when it is closed to the public,  provided  however,  retail  licensees  may  undertake all other activities allowed during  the  course  of  normal  business  operations including but not limited to:  (i) placing orders with or taking deliveries from wholesalers;  (ii) meeting with individuals who have valid solicitors permits issued by the liquor authority;  (iii) stocking shelves;  (iv) filling or building displays; and  (v) rotating product on store shelves.   15.  Each  retail licensee for off-premises consumption shall keep and maintain upon the licensed premises, adequate books and records  of  all transactions  involving  the business transacted by such licensee, which shall show the amount of liquors and wines, purchased by  such  licensee together  with  the names, license numbers and places of business of the persons from whom the same were purchased, and the  amount  involved  in such  purchases, as well as the amount of liquors or wines, sold by such licensee, and the amount involved in each sale. Such books  and  records shall  be  available  for inspection by any authorized representative of the liquor authority.   16. No retail licensee to sell liquors and/or wines  for  off-premises consumption shall be interested, directly or indirectly, in any premises where  liquors,  wines  or beer are manufactured or sold at wholesale or any  other  premises  where  liquor  or  wine  is  sold  at  retail  for off-premises  consumption,  by  stock ownership, interlocking directors, mortgage or lien on any personal or real property or by any other means. Any lien, mortgage or other interest or estate,  however,  now  held  by such   retailer  on  or  in  the  personal  or  real  property  of  such manufacturer or wholesaler, which mortgage, lien, interest or estate was acquired  on  or  before   December   thirty-first,   nineteen   hundred thirty-two,  shall  not  be  included  within  the  provisions  of  this subdivision; provided, however, the burden of establishing the  time  of the  accrual  of the interest comprehended by this subdivision, shall be upon the person  who  claims  to  be  entitled  to  the  protection  and exemption afforded hereby.   17.  No  retail  licensee  for  off-premises consumption shall make or cause to be made any loan to any person engaged in  the  manufacture  or sale  of liquors, wines or beer at wholesale. No retail licensee to sell liquors and/or wines for off-premises consumption shall make or cause to be made any loan to any person engaged in the  manufacture  or  sale  of liquors, wines or beer at wholesale or to any person engaged in the sale of liquors and/or wines at retail for off-premises consumption.   18.  A  drug  store  holding a permit to sell liquors and/or wines for off-premises consumption pursuant to this chapter shall  be  subject  to the following conditions:  (a)  Liquors  and/or  wines  sold  by  it shall not be consumed on the premises where sold  or  in  any  outbuilding,  yard,  booth  or  garden appertaining thereto or connected therewith.  (b) Such permittee shall keep and maintain upon the licensed premises, adequate  books  and records, which shall show the amount of liquors and wines, in gallons, purchased by such permittee together with the  names, license  numbers  and  places  of business, of the persons from whom the same were purchased and the amount involved  in  such  purchases,  which books  and  records  shall be available for inspection by any authorized representative of the liquor authority.  (c) No liquor or wine shall be displayed in any window of the premises designated in the drug store permit.  (d)  No drug store permittee shall use any placard or card advertising the  sale  of  any  liquor  or  wine  unless  such  card,   placard   or advertisement  shall conspicuously state that the sale of liquor or wine in the said premises designated in the drug store permit is  limited  to medicinal liquor to be sold by prescription only.   20.  Each  retail  licensee  of liquor and/or wine shall designate the price of each item of liquor  or  wine  by  attaching  to  or  otherwise displaying  immediately  adjacent  to  each  such  item displayed in the interior of the licensed premises where sales are made a price tag, sign or placard setting forth the bottle price at which  each  such  item  is offered for sale therein.   21.  No  retail license to sell liquor and/or wine for consumption off the premises shall be granted for any public billiard or pocket billiard room, or for establishments of any description  in  which  billiards  is played or which maintains any apparatus or paraphernalia for the playing of  billiards  or pocket billiards and is conducted as a public place of business for profit. Notwithstanding any prohibition to the contrary,  a license  may  be  issued to an establishment wherein billiards or pocket billiards are played or may be played on a table which measures not more than three feet by six feet provided that not more than two such  tables are  in  the establishment at any one time and further provided that the cue sticks used, and available for use, are made of light plexiglass  or some similar light material.   22.  No  person  licensed  to  sell  alcoholic beverages at retail for off-premises consumption, shall suffer or permit any gambling, or  offer any  gambling on the licensed premises, or suffer or permit illicit drug activity on the licensed premises. The use of the licensed  premises  or any  part  thereof for the sale of lottery tickets, when duly authorized and lawfully conducted thereon, shall not constitute gambling within the meaning of this subdivision.   23. All premises licensed  under  sections  fifty-four,  fifty-four-a, sixty-three  and  seventy-nine  of  this  chapter  shall  be  subject to inspection by any peace officer described in subdivision four of section 2.10 of the criminal  procedure  law  acting  pursuant  to  his  special duties,  or  police officer or any duly authorized representative of the state liquor authority, during the hours when the said premises are open for the transaction of business.