2023 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.
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 ten o'clock ante meridian and after  ten  o'clock
post meridian.
(ii) On any day between midnight and eight o'clock antemeridian.
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.
24. The provisions of  subdivisions  sixteen  and  seventeen  of  this
section  shall  not apply to any interest in a wholesale premise outside
the United States, held by any business or entity located on any  parcel
of  land,  situate,  lying  and being in the Borough of Manhattan, City,
County and State of New York, bounded and described as follows:
Beginning at a point on the southerly side of 72nd Street distant  179
feet  easterly  from  the  southerly corner of Amsterdam Avenue and 72nd
Street; Running thence southerly and parallel with the easterly side  of
Amsterdam  Avenue  102  feet  2  inches to the center line of the block;
Thence easterly and parallel with the southerly side of 72nd  Street  21
feet;  Thence northerly and parallel with the easterly side of Amsterdam
Avenue and part of the distance through a party wall 102 feet  2  inches
to  the  southerly  side  of  72nd  Street;  Thence  westerly  along the
southerly side of  72nd  Street  21  feet  to  the  point  or  place  of
Beginning.