N.Y. Alcoholic Beverage Control Law Section 105-A
Sale of beer at retail on Sunday


1.

No person, firm or corporation holding any license or permit issued under this chapter shall sell, offer for sale or give away beer at retail on Sunday between three antemeridian and eight antemeridian. Persons, firms or corporations holding licenses and/or permits issued under the provisions of the alcoholic beverage control law permitting the sale of beer at retail, may sell such beverages at retail on Sunday before three antemeridian and after eight antemeridian for off-premises consumption to persons making purchases at the licensed premises to be taken by them from the licensed premises.

2.

Notwithstanding the provisions of subdivision one of this section, the authority shall allow a brewer, once per annum, and after the property owner obtains a permit under § 97 (Temporary beer and wine permit)section ninety-seven of this chapter, to sell or offer at no cost beer, beginning at eight antemeridian and ending at the hours fixed by or pursuant to subdivision five of § 106 (Provisions governing licensees to sell at retail for consumption on the premises)section one hundred six of this article, at the following two locations in the city of Utica, county of Oneida, and bounded and described as follows: PARCEL I Beginning at the northwest corner of the beer storage building at the corner of Edward Street and Wasmer Street and proceeding northerly for a distance of 76 feet 1 inch; thence 128 feet 5 inches easterly along Wasmer Street; thence continuing along said Wasmer Street northeasterly for a distance of 202 feet 10 inches to the corner of Wasmer Street and Hamilton Street. Thence northerly along Hamilton Street for a distance of 46 feet 8 inches to the intersection of Columbia Street. Thence northwesterly along Columbia Street for a distance of 233 feet 6 inches. Thence southwesterly for a distance of 77 feet 7 inches to a fence. Thence northwesterly for a distance of 62 feet and thence southwesterly a distance of 10 feet 6 inches to the southeastern corner of the brewery garage. Thence, following the garage’s perimeter: first in a southwesterly direction for a distance of 133 feet 2 inches to the southwest corner of the garage; thence in a northwesterly direction for a distance of 22 feet 5 inches; and thence in a northeasterly direction for a distance of 11 feet 2 inches, then in a northwesterly direction for a distance of 100 feet, to a fence just before the sidewalk on Schuyler Street; thence southwesterly for a distance of 234 feet 5 inches to the Brewery main complex. Thence following the perimeter of the brewery complex buildings southeast for a distance of 82 feet 8 inches, northeasterly for a distance of 81 feet 11 inches; thence southeasterly for a distance of 85 feet 3 inches; thence northeasterly for a distance of 21 feet 6 inches; and thence southeasterly for a distance of 96 feet 8 inches to the northwestern corner of the shipping office. From the northwestern corner of the shipping office, southeasterly for a distance of 33 feet 9 inches; thence southwesterly for a distance of 37 feet 8 inches; thence southeasterly for a distance of 65 feet 8 inches; thence southerly for a distance of 27 feet 4 inches; thence easterly for a distance of 33 feet, to the point or place of beginning. PARCEL II Beginning at the iron fence which is 26 feet northwest of the southwest corner of the tour center on Court Street; thence 66 feet, 7 inches northeast, 11 feet 7 inches northwest to the west corner of the tour center parking lot stairs. Proceeding northeasterly 71 feet 10 inches, thence northwesterly 19 feet 10 inches to the southeastern corner of the boiler room building. Thence northwesterly 161 feet; south by southwest 80 feet; southwest 58 feet 5 inches and finally southeast 155 feet to the point or place of beginning.

Source: Section 105-A — Sale of beer at retail on Sunday, https://www.­nysenate.­gov/legislation/laws/ABC/105-A (updated Sep. 22, 2014; accessed Mar. 23, 2024).

100
Alcoholic beverages generally
101
Manufacturers and wholesalers not to be interested in retail places
101–AA
Terms of sale
101–AAA
Terms of sale
101–B
Unlawful discriminations prohibited
102
General prohibitions and restrictions
103
Provisions governing manufacturers
104
Provisions governing wholesalers
104–A
Provisions governing vendors
105
Provisions governing licensees to sell at retail for consumption off the premises
105–A
Sale of beer at retail on Sunday
105–B
Posting of certain signs
106
Provisions governing licensees to sell at retail for consumption on the premises
106–A
Notice of arrest and convictions
106–B
Provisions for governing sports facilities operators and retail licenses to sell at certain sporting events for consumption on premises
107
Advertising and forms of notices of the issuance of licenses
107–A
Labeling containers of alcoholic beverages
108
Restrictions upon licensees
109
Renewals of licenses and permits
110
Information to be requested in applications for licenses or permits
110–A
Notice of application for certain licenses to be published by applicant
110–B
Notification to municipalities
110–C
Public license query
111
License to be confined to premises licensed
112
Bonds of licensees and permittees
113
Premises for which no license shall be granted
114
Licenses, publication, general provisions
114–A
License or permit issuance and registration approval
115
Rules need not be uniform
116
Deliveries of alcoholic beverages
117
Transportation of alcoholic beverages
117–A
Unlimited drink offerings prohibited
117–B
Possession or use of alcohol vaporizing devices prohibited
118
Revocation of licenses for cause
119
Procedure for revocation or cancellation
120
Decisions by liquor authority
120–A
Corporate change
121
Review by courts
122
Continuance of business by receiver or other representative
123
Injunction for unlawful manufacturing, sale or consumption of liquor, wine or beer
124
Liquor authority to be necessary party to certain proceedings
125
Disposition of moneys received for license fees
126
Persons forbidden to traffic in alcoholic beverages
127
Surrender and cancellation of licenses
127–A
Surrender and cancellation of permits
127–B
Payment of refunds on special permits and notice to police officers
127–C
Refunds on licenses and permits erroneously or unlawfully cancelled, revoked or suspended
127–D
Refunds on over-payment of fees
128
Certain officials not to be interested in manufacture or sale of alcoholic beverages
128–A
Police officers allowed to work in licensed premises in certain cases
128–B
Police officers allowed to serve as an officer of a volunteer firefighters’ organization
128–C
Police officers allowed to serve as an officer of veterans’ organization
129
Surrender of license
130
Penalties for violations of chapter
131
New York alcoholic beverage control problem premises task force

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 105-A’s source at nysenate​.gov

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