N.Y. Alco. Bev. Cont. Law § 105

§ 105. Provisions governing licensees to sell at retail for\nconsumption off the premises. 1. No retail license to sell liquors\nand/or wines for consumption off the premises shall be granted for any\npremises, unless the applicant shall be the owner thereof, or shall be\nin possession of said premises under a lease, management agreement or\nother agreement giving the applicant control over the food and beverage\nservice at the premises, in writing, for a term not less than the\nlicense period except, however, that such license may thereafter be\nrenewed without the requirement of a lease, management agreement or\nother agreement giving the applicant control over the food and beverage\nservice at the premises, as herein provided. This subdivision shall not\napply to premises leased from government agencies, as defined under\nsubdivision twelve-c of section three of this chapter; provided,\nhowever, that the appropriate administrator of such government agency\nprovides some form of written documentation regarding the terms of\noccupancy under which the applicant is leasing said premises from the\ngovernment agency for presentation to the state liquor authority at the\ntime of the license application. Such documentation shall include the\nterms of occupancy between the applicant and the government agency,\nincluding, but not limited to, any short-term leasing agreements or\nwritten occupancy agreements.\n 2. No premises shall be licensed to sell liquors and/or wines at\nretail for off premises consumption, unless said premises shall be\nlocated in a store, the principal entrance to which shall be from the\nstreet level and located on a public thoroughfare in premises which may\nbe occupied, operated or conducted for business, trade or industry or on\nan arcade or sub-surface thoroughfare leading to a railroad terminal.\nThere may be not more than one additional entrance which shall be from\nthe street level and located on and giving access to and from a public\nor private parking lot or parking area having space for not less than\nfive automobiles.\n 3. (a) No retail license to sell liquor and/or wine for off-premises\nconsumption shall be granted for any premises which shall be located on\nthe same street or avenue, and within two hundred feet of a building\noccupied exclusively as a school, church, synagogue or other place of\nworship; the measurements to be taken in a straight line from the center\nof the nearest entrance to the building used for such school, church,\nsynagogue or other place of worship to the center of the nearest\nentrance of the premises to be licensed; except, however, that no\nlicense shall be denied to any premises at which a license under this\nchapter has been in existence continuously from a date prior to the date\nwhen a building on the same street or avenue and within two hundred feet\nof said premises has been occupied exclusively as a school, church,\nsynagogue or other place of worship.\n (b) Within the context of this subdivision, the word "entrance" shall\nmean a door of a school, of a house of worship, or of the premises\nsought to be licensed, regularly used to give ingress to students of the\nschool, to the general public attending the place of worship, and to\npatrons or guests of the premises proposed to be licensed, except that\nwhere a school or house of worship is set back from a public\nthoroughfare, the walkway or stairs leading to any such door shall be\ndeemed an entrance; and the measurement shall be taken to the center of\nthe walkway or stairs at the point where it meets the building line or\npublic thoroughfare. A door which has no exterior hardware, or which is\nused solely as an emergency or fire exit, or for maintenance purposes,\nor which leads directly to a part of a building not regularly used by\nthe general public or patrons, is not deemed an "entrance".\n (c) Within the context of this subdivision, a building occupied as a\nplace of worship does not cease to be "exclusively" occupied as a place\nof worship by incidental uses that are not of a nature to detract from\nthe predominant character of the building as a place of worship, such\nuses which include, but which are not limited to: the conduct of legally\nauthorized games of bingo or other games of chance held as a means of\nraising funds for the not-for-profit religious organization which\nconducts services at the place of worship or for other not-for-profit\norganizations or groups; use of the building for fund-raising\nperformances by or benefitting the not-for-profit religious\norganizations which conducts services at the place of worship or other\nnot-for-profit organizations or groups; the use of the building by other\nreligious organizations or groups for religious services or other\npurposes; the conduct of social activities by or for the benefit of the\ncongregants; the use of the building for meetings held by organizations\nor groups providing bereavement counseling to persons having suffered\nthe loss of a loved one, or providing advice or support for conditions\nor diseases including, but not limited to, alcoholism, drug addiction,\ncancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the\nuse of the building for blood drives, health screenings, health\ninformation meetings, yoga classes, exercise classes or other activities\nintended to promote the health of the congregants or other persons; and\nuse of the building by non-congregant members of the community for\nprivate social functions. The building occupied as a place of worship\ndoes not cease to be "exclusively" occupied as a place of worship where\nthe not-for-profit religious organization occupying the place of worship\naccepts the payment of funds to defray costs related to another party's\nuse of the building.\n 5. No retail licensee of liquor and/or wine for off-premises\nconsumption shall keep upon the licensed premises any liquors and/or\nwines in any cask, barrel, keg, hogshead or other container, except in\nthe original sealed package, as received from the manufacturer or\nwholesaler. Such containers shall have affixed thereto such labels as\nmay be required by the rules of the liquor authority, together with all\nnecessary federal revenue and New York state excise tax stamps, as\nrequired by law. Such containers shall not be opened nor its contents\nconsumed on the premises where sold, except for the purpose of wine\ntasting or sampling by any person pursuant to authorization to conduct\nsuch a sampling or tasting pursuant to subdivision three of section\nseventy-six of this chapter except those to whom sales are prohibited in\nsection sixty-five of this chapter. The provisions of this subdivision\nshall not prohibit a licensed winery or farm winery from selling or\ndelivering wine to a consumer for off-premises consumption in a\ncontainer not to exceed four liters in capacity that shall have a\ntemporarily secured seal for purposes of removing the wine from the\npremises.\n 6. Each person licensed to sell liquor and/or wine for off-premises\nconsumption shall have painted on the front window of the licensed\npremises, the name of the licensee together with the inscription, "New\nYork State Retail Liquor or Wine Store License No. as the case may be,\nin uniform letters not less than three and one-half inches in height.\n 7. No sign of any kind printed, painted or electric, advertising any\nbrand of liquors or wines shall be permitted on the exterior or interior\nof such premises, except by permission of the liquor authority.\n 8. No retail licensee, for off-premises consumption, shall transport\nliquors or wines in any vehicle owned and operated or hired and operated\nby such retail licensee, for off-premises consumption, except liquors\nand wines transported to the home of a purchaser not to be resold by the\npurchaser, unless there shall be attached to or inscribed upon both\nsides of such vehicle a sign, showing the name and address of the\nlicensee together with the following inscription, "New York State Retail\nLiquor or Wine Store License No. . . . . . . . . . ," as the case may\nbe, in uniform letters not less than three and one-half inches in\nheight, except deliveries may be made in passenger type vehicles owned\nby the licensee and operated by the licensee or his agent, or hired by\nthe licensee and operated by the licensee or his agent, provided the\nperson making the delivery shall have upon his person while so\ndelivering a photostatic copy of the current license issued by the\nauthority. In lieu of such sign, a retail licensee may have in the cab\nof such vehicle a photostatic copy of its current license issued by the\nauthority, and such copy duly authenticated by the authority.\n 9. No retail licensee for off-premises consumption shall deliver any\nliquors or wines except in vehicles owned and operated by such licensee,\nor hired and operated by such licensee from a trucking or transportation\ncompany registered with the liquor authority, and shall only make such\ndeliveries at the premises of the purchaser.\n 10. (a) Each retail licensee of liquor and/or wine for off-premises\nconsumption shall have conspicuously displayed within the interior of\nthe licensed premises where sales are made and where it can be readily\ninspected by consumers a printed price list of the liquors and/or wines\noffered for sale therein; and no liquor and/or wine shall be sold except\nat the price set forth in such list;\n (b) No screen, blind, curtain, partition, article or thing shall be\npermitted in the windows or upon the doors of such licensed premises,\nwhich shall prevent a clear view into the interior of such licensed\npremises from the sidewalk, at all times; and\n (c) No booth, screen, partition or other obstruction shall be\npermitted in the interior of said licensed premises.\n 11. No retail licensee of liquor and/or wine for off-premises\nconsumption shall keep or permit to be kept upon the licensed premises,\nany liquors and/or wines in any unsealed bottle or other unsealed\ncontainer, except for the purpose of wine tasting or sampling by any\nperson pursuant to authorization to conduct such a sampling or tasting\npursuant to subdivision three of section seventy-six of this chapter\nexcept those to whom sales are prohibited in section sixty-five of this\nchapter. The provisions of this subdivision shall not prohibit a\nlicensed winery or farm winery from selling or delivering wine to a\nconsumer for off-premises consumption in a container not to exceed four\nliters in capacity that shall have a temporarily secured seal for\npurposes of removing the wine from the premises.\n 12. No retail licensee of liquor and/or wine for off-premises\nconsumption shall sell or deliver any liquors and/or wines to any person\nwith knowledge of, or with reasonable cause to believe, that the person\nto whom such liquors and/or wines are so sold or delivered, has acquired\nthe same for the purpose of peddling them from place to place, or of\nselling or giving them away in violation of the provisions of this\nchapter or in violation of the rules and regulations of the liquor\nauthority.\n 14. (a) No premises licensed to sell liquor and/or wine for\noff-premises consumption shall be permitted to remain open:\n (i) On Sunday before twelve o'clock post meridian and after nine\no'clock post meridian.\n (ii) On any day between midnight and eight o'clock antemeridian.\n (iii) On the twenty-fifth day of December, known as Christmas day.\n In any community where daylight saving time is in effect, such time\nshall be deemed the standard time for the purpose of this subdivision.\n (b) This subdivision shall only be interpreted to prohibit the sale of\nliquor and/or wine for off-premises consumption when it is closed to the\npublic, provided however, retail licensees may undertake all other\nactivities allowed during the course of normal business operations\nincluding but not limited to:\n (i) placing orders with or taking deliveries from wholesalers;\n (ii) meeting with individuals who have valid solicitors permits issued\nby the liquor authority;\n (iii) stocking shelves;\n (iv) filling or building displays; and\n (v) rotating product on store shelves.\n 15. Each retail licensee for off-premises consumption shall keep and\nmaintain upon the licensed premises, adequate books and records of all\ntransactions involving the business transacted by such licensee, which\nshall show the amount of liquors and wines, purchased by such licensee\ntogether with the names, license numbers and places of business of the\npersons from whom the same were purchased, and the amount involved in\nsuch purchases, as well as the amount of liquors or wines, sold by such\nlicensee, and the amount involved in each sale. Such books and records\nshall be available for inspection by any authorized representative of\nthe liquor authority.\n 16. No retail licensee to sell liquors and/or wines for off-premises\nconsumption shall be interested, directly or indirectly, in any premises\nwhere liquors, wines or beer are manufactured or sold at wholesale or\nany other premises where liquor or wine is sold at retail for\noff-premises consumption, by stock ownership, interlocking directors,\nmortgage or lien on any personal or real property or by any other means.\nAny lien, mortgage or other interest or estate, however, now held by\nsuch retailer on or in the personal or real property of such\nmanufacturer or wholesaler, which mortgage, lien, interest or estate was\nacquired on or before December thirty-first, nineteen hundred\nthirty-two, shall not be included within the provisions of this\nsubdivision; provided, however, the burden of establishing the time of\nthe accrual of the interest comprehended by this subdivision, shall be\nupon the person who claims to be entitled to the protection and\nexemption afforded hereby.\n 17. No retail licensee for off-premises consumption shall make or\ncause to be made any loan to any person engaged in the manufacture or\nsale of liquors, wines or beer at wholesale. No retail licensee to sell\nliquors and/or wines for off-premises consumption shall make or cause to\nbe made any loan to any person engaged in the manufacture or sale of\nliquors, wines or beer at wholesale or to any person engaged in the sale\nof liquors and/or wines at retail for off-premises consumption.\n 18. A drug store holding a permit to sell liquors and/or wines for\noff-premises consumption pursuant to this chapter shall be subject to\nthe following conditions:\n (a) Liquors and/or wines sold by it shall not be consumed on the\npremises where sold or in any outbuilding, yard, booth or garden\nappertaining thereto or connected therewith.\n (b) Such permittee shall keep and maintain upon the licensed premises,\nadequate books and records, which shall show the amount of liquors and\nwines, in gallons, purchased by such permittee together with the names,\nlicense numbers and places of business, of the persons from whom the\nsame were purchased and the amount involved in such purchases, which\nbooks and records shall be available for inspection by any authorized\nrepresentative of the liquor authority.\n (c) No liquor or wine shall be displayed in any window of the premises\ndesignated in the drug store permit.\n (d) No drug store permittee shall use any placard or card advertising\nthe sale of any liquor or wine unless such card, placard or\nadvertisement shall conspicuously state that the sale of liquor or wine\nin the said premises designated in the drug store permit is limited to\nmedicinal liquor to be sold by prescription only.\n 20. Each retail licensee of liquor and/or wine shall designate the\nprice of each item of liquor or wine by attaching to or otherwise\ndisplaying immediately adjacent to each such item displayed in the\ninterior of the licensed premises where sales are made a price tag, sign\nor placard setting forth the bottle price at which each such item is\noffered for sale therein.\n 21. No retail license to sell liquor and/or wine for consumption off\nthe premises shall be granted for any public billiard or pocket billiard\nroom, or for establishments of any description in which billiards is\nplayed or which maintains any apparatus or paraphernalia for the playing\nof billiards or pocket billiards and is conducted as a public place of\nbusiness for profit. Notwithstanding any prohibition to the contrary, a\nlicense may be issued to an establishment wherein billiards or pocket\nbilliards are played or may be played on a table which measures not more\nthan three feet by six feet provided that not more than two such tables\nare in the establishment at any one time and further provided that the\ncue sticks used, and available for use, are made of light plexiglass or\nsome similar light material.\n 22. No person licensed to sell alcoholic beverages at retail for\noff-premises consumption, shall suffer or permit any gambling, or offer\nany gambling on the licensed premises, or suffer or permit illicit drug\nactivity on the licensed premises. The use of the licensed premises or\nany part thereof for the sale of lottery tickets, when duly authorized\nand lawfully conducted thereon, shall not constitute gambling within the\nmeaning of this subdivision.\n 23. All premises licensed under sections fifty-four, fifty-four-a,\nsixty-three and seventy-nine of this chapter shall be subject to\ninspection by any peace officer described in subdivision four of section\n2.10 of the criminal procedure law acting pursuant to his special\nduties, or police officer or any duly authorized representative of the\nstate liquor authority, during the hours when the said premises are open\nfor the transaction of business.\n