New York Alcoholic Beverage Control Law
Sec. § 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, Parkinsons disease, or Alzheimers 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 partys 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 oclock post meridian and after nine oclock post meridian.

(ii)

On any day between midnight and eight oclock 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.
Source
Last accessed
Dec. 13, 2016