2023 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, sixty-four-d  or  sixty-four-e
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.