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

 
    § 81-a. Special  license to sell wine at retail for consumption on the
  premises.  1. On or after the effective date hereof, any person may make
  an application to the appropriate board for a special  license  to  sell
  wine at retail to be consumed on the premises where sold.
    2. Such special license shall in form and in substance be a license to
  the  person  specifically licensed to sell wine at retail to be consumed
  on the premises specifically licensed. Such license shall also be deemed
  to include a license to sell beer at retail to  be  consumed  under  the
  same terms and conditions, without the payment of any additional fee.
    3.  The  provisions  contained in subdivisions three, four, six, eight
  and nine of section sixty-four-a shall apply to applicants for  licenses
  under this section.
    4.  a.  No such license shall be issued to any person for any premises
  other than premises for which a license  may  be  issued  under  section
  sixty-four  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  wine
  intended  is  incidental to and not the prime source of revenue from the
  operation of such premises. Such license may also include such  suitable
  space  outside the licensed premises and adjoining it as may be approved
  by the liquor authority.
    b.  Notwithstanding  paragraph  a  of  this  subdivision,  a   special
  on-premises license for a premises in which the principal business shall
  be  the  operation  of  a  legitimate theater by a corporation organized
  pursuant  to  the  not-for-profit  corporation  law   may   be   granted
  notwithstanding  the  proximity of such premises to any school, provided
  that the availability of alcoholic beverages on such premises shall  not
  be  advertised  in  any  way at such premises in any manner visible from
  such street or avenue.