NY Alcoh Bev Ctrl L § 102 (2021)
2021 New York Laws ABC - Alcoholic Beverage Control Article 8 - General Provisions 102 - General Prohibitions and Restrictions.

§ 102. General   prohibitions  and  restrictions.  1.  (a)  Except  as provided  in  section  seventy-nine-c  of  this  chapter,  no  alcoholic beverages  shall  be  shipped  into  the  state unless the same shall be consigned to a person duly licensed hereunder to  traffic  in  alcoholic beverages.  This  prohibition  shall apply to all shipments of alcoholic beverages into New York state and includes importation  or  distribution for   commercial   purposes,   for   personal  use,  or  otherwise,  and irrespective of whether such alcoholic beverages were  purchased  within or  without  the  state,  provided,  however, this prohibition shall not apply to  any  shipment  consigned  to  a  New  York  resident  who  has personally  purchased  alcoholic  beverages  for  his personal use while outside  the  United  States  for  a  minimum  period   of   forty-eight consecutive  hours  and  which he has shipped as consignor to himself as consignee. Purchases made outside the United  States  by  persons  other than  the purchaser himself, regardless whether made as his agent, or by his authorization or  on  his  behalf,  are  deemed  not  to  have  been personally purchased within the meaning of this paragraph.  (b)  Except  as provided in section seventy-nine-c of this chapter, no common carrier or other person shall bring or carry into the  state  any alcoholic beverages, unless the same shall be consigned to a person duly licensed hereunder to traffic in alcoholic beverages, provided, however, that alcoholic beverages may be delivered by a trucking permittee from a steamship or railroad station or terminal to a New York resident who has personally  purchased  alcoholic  beverages  for  his personal use while outside  the  United  States  for  a  minimum  period   of   forty-eight consecutive  hours,  and which he has shipped as consignor to himself as consignee, and except as so stated, no trucking permittee  shall  accept for  delivery, deliver or transport from a steamship or railroad station or  terminal  any  shipment  of  alcoholic  beverages  consigned  to   a non-licensed  person  having  his  home  or  business in New York state. Purchases of alcoholic beverages  made  outside  the  United  States  by persons other than the purchaser himself, regardless whether made as his agent,  or by his authorization or on his behalf, are deemed not to have been personally purchased within the meaning of this paragraph.  (c) Paragraphs  (a)  and  (b)  of  this  subdivision  shall  apply  to alcoholic  beverages,  either  in  the  original  package  or otherwise, whether intended for commercial or personal use, as well  as  otherwise, and  to  foreign,  interstate,  as  well  as  intrastate,  shipments  or carriage,  irrespective  of  whether  such  alcoholic   beverages   were purchased within or without the state.  (d)  Nothing  in  this chapter shall be deemed to exempt from taxation the sale or use of any alcoholic beverages subject to  any  tax  imposed under  or pursuant to the authority of the tax law or to grant any other exemption from the provisions of such law.   2. No person holding any license hereunder, other than  a  license  to sell  an  alcoholic beverage at retail for off-premises consumption or a license or special license to sell an alcoholic beverage at  retail  for consumption  on  the  premises where such license authorizes the sale of liquor, beer and/or wine on the premises of  a  catering  establishment, hotel,  restaurant,  club,  or  recreational  facility,  shall knowingly employ in connection with his business in any capacity  whatsoever,  any person,  who  has  been  convicted  of a felony, or any of the following offenses,  who  has  not  subsequent  to  such  conviction  received  an executive  pardon  therefor  removing  any  civil  disabilities incurred thereby, a certificate of relief from disabilities or a  certificate  of good  conduct pursuant to article twenty-three of the correction law, or other relief from disabilities provided by law, or the written  approval of the state liquor authority permitting such employment, to wit:  (a)  Illegally  using,  carrying  or  possessing  a  pistol  or  other dangerous weapon;  (b) Making or possessing burglar's instruments;  (c) Buying or receiving or criminally possessing stolen property;  (d) Unlawful entry of a building;  (e) Aiding escape from prison;  (f)  Unlawfully  possessing  or  distributing  habit  forming narcotic drugs;  (g) Violating subdivisions six, ten or eleven of section seven hundred twenty-two of the former penal law as in force  and  effect  immediately prior  to  September  first,  nineteen hundred sixty-seven, or violating sections 165.25 or 165.30 of the penal law;  (h) Vagrancy or prostitution; or  (i) Ownership, operation, possession, custody or control  of  a  still subsequent to July first, nineteen hundred fifty-four.   If,  as  hereinabove  provided,  the state liquor authority issues its written approval for the  employment  by  a  licensee,  in  a  specified capacity,  of  a  person  previously convicted of a felony or any of the offenses above enumerated, such person, may, unless he  is  subsequently convicted of a felony or any of such offenses, thereafter be employed in the  same  capacity  by  any  other licensee without the further written approval of the  authority  unless  the  prior  approval  given  by  the authority is terminated.   The  liquor  authority  may  make  such rules as it deems necessary to carry out the purpose and intent of this subdivision.   As used in this subdivision, "recreational facility" shall  mean:  (i) premises  that  are  part  of a facility the principal business of which shall be the providing of  recreation  in  the  form  of  golf,  tennis, swimming,  skiing  or  boating; and (ii) premises in which the principal business shall be the operation of a theatre, concert hall, opera house, bowling   establishment,   excursion   and   sightseeing   vessel,    or accommodation of athletic events, sporting events, expositions and other similar  events  or  occasions  requiring  the  accommodation  of  large gatherings of persons.   3-a. No licensee or permittee shall purchase or agree to purchase  any alcoholic  beverages  from  any  person within the state who is not duly licensed to sell such alcoholic beverage as the case may be, at the time of such agreement and sale nor give any order for any alcoholic beverage to any individual who is not the holder of a solicitor's permit,  except as provided for in section eighty-five or ninety-nine-g of this chapter.   3-b.  No  retail licensee shall purchase, agree to purchase or receive any alcoholic beverage except from a person  duly  licensed  within  the state  by  the  liquor  authority to sell such alcoholic beverage at the time of such agreement and sale  to  such  retail  licensee,  except  as provided for in section eighty-five or ninety-nine-g of this chapter.   4.  No  licensee  or  any  of his or its agents, servants or employees shall peddle any liquor and/or wine from house to house by  means  of  a truck  or  otherwise,  where  the  sale is consummated and delivery made concurrently at the residence or place of business of a  consumer.  This subdivision  shall not prohibit the delivery by a licensee to consumers, pursuant to sales made at the place of business of said licensee.   5. No licensee shall employ any canvasser or solicitor for the purpose of receiving an order from a consumer for any liquor and/or wine at  the residence  or place of business of such consumer, nor shall any licensee receive or accept any order, for the sale of  any  liquor  and/or  wine, which  shall  be  solicited  at  the residence or place of business of a consumer. This subdivision shall not  prohibit  the  solicitation  by  a  wholesaler  of  an  order  from any licensee at the licensed premises of such licensee.   6.  No  alcoholic  beverage  shall  be  released for delivery from any warehouse located within the state, except upon a  permit  having  first been obtained as provided by this chapter. Applications for such permits may  be  filed at the office of the liquor authority in New York, Albany or Buffalo, whichever is nearest to the location of the  warehouse,  and shall  be  upon  a  form  to  be  prepared by the liquor authority. This provision shall not apply  to  alcoholic  beverages,  which  are  to  be released for shipment outside of the state.   7.  Each  person  owning or operating any warehouse located within the state shall keep and maintain as part of his permanent records, treasury department forms fifty-two and fifty-two-a as heretofore required by the United States government.   8. No alcoholic beverage  retail  licensee  shall  sell  cannabis,  as defined  in  section  three  of  the cannabis law, nor have or possess a license or permit to sell cannabis, on the same premises where alcoholic beverages are sold.