2006 New York Code - License To Sell Beer At Retail For Consumption On The Premises.

 
    § 55. License  to sell beer at retail for consumption on the premises.
  1. Any person may make an application to the  appropriate  board  for  a
  license  to  sell  beer at retail to be consumed upon the premises. Such
  application shall be in writing and  verified  and  shall  contain  such
  information  as  the  liquor  authority  shall require. Such application
  shall be accompanied by a check or draft for the amount required by this
  article  for  such  license.  All  of  the   provisions   contained   in
  subdivisions  two  and three of the preceding section shall apply to the
  procedure relative to an application for a license under this section.
    2. Such a license shall contain a description of the licensed premises
  and in form and in substance shall be a license to  the  person  therein
  specifically   designated   to   sell   beer  in  the  premises  therein
  specifically licensed, at retail, to be  consumed  upon  such  premises.
  Such  license shall also include the privilege of selling beer at retail
  to be consumed off the premises.
    2-a. Notwithstanding any other provision of this chapter, upon receipt
  in the city of New York of an  application  for  a  license  under  this
  section,  an  application  for renewal under section one hundred nine of
  this chapter, or an application for an alteration to a premises licensed
  for consumption on the premises  under  section  ninety-nine-d  of  this
  chapter,  the  applicant  shall  notify  the community board established
  pursuant to section twenty-eight hundred of the New  York  city  charter
  with jurisdiction over the area in which such licensed premises is to be
  located  by  certified  mail,  return  receipt  requested,  wherein  the
  prospective licensed premises is to be located or, in  the  case  of  an
  application for renewal, or alteration where it is presently located not
  less  than  thirty days prior to the submission of its application for a
  license under this section or for a renewal thereof pursuant to  section
  one  hundred  nine  of this chapter. Such community board may express an
  opinion for or against the granting of such license.  Any  such  opinion
  shall be deemed part of the record upon which the liquor board makes its
  determination to grant or deny such license.
    3.  No  such  license  shall be issued, however, to any person for any
  premises other than premises for which a license  may  be  issued  under
  section  sixty-four  or  sixty-four-a  of  this  chapter  or  a hotel or
  premises which are kept, used, maintained, advertised or held out to the
  public to be a place where food is prepared and served  for  consumption
  on  the  premises  in such quantities as to satisfy the liquor authority
  that the sale of beer intended is incidental to and not the prime source
  of revenue from the operation of such premises. The foregoing provisions
  of this subdivision shall not apply to any premises located at,  in,  or
  on the area leased by the city of New York to New York World's Fair 1964
  Corporation   pursuant   to  the  provisions  of  chapter  four  hundred
  twenty-eight of the laws of nineteen hundred  sixty,  as  amended  by  a
  chapter  of  the  laws of nineteen hundred sixty-one, during the term or
  duration of such lease. Such license  may  also  include  such  suitable
  space  outside  of  the  licensed  premises  and  adjoining it as may be
  approved by the liquor authority.