2023 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,
off-premises   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.