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

 
    §  81. License to sell wine at retail for consumption on the premises.
  1.  The procedure set forth in section sixty-four hereof shall apply  so
  far  as  applicable  to applications for licenses to sell wine at retail
  for consumption on the premises, except as provided in  subdivision  two
  of this section.
    1-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.
    2. 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.
    3.  Such  license  shall  in form and in substance be a license to the
  person specifically licensed to sell wine at retail, to be consumed upon
  the premises. Such license shall also be deemed to include a license  to
  sell  beer  and  soju  at retail to be consumed under the same terms and
  conditions without the payment of any additional fee. For  the  purposes
  of  this  subdivision,  "soju"  shall  mean an imported Korean alcoholic
  beverage that contains not more than twenty-four per centum alcohol,  by
  volume, and is derived from agricultural products.
    4.  A restaurant licensed to sell wine under this section may permit a
  patron  to  remove  one  unsealed  bottle  of  wine   for   off-premises
  consumption  provided  that  the patron has purchased a full course meal
  and consumed a portion of the bottle of  wine  with  such  meal  on  the
  restaurant premises. For the purposes of this subdivision the term "full
  course  meal"  shall  mean  a  diversified  selection  of  food which is
  ordinarily consumed with the use of tableware and cannot conveniently be
  consumed while standing or walking. A partially consumed bottle of  wine
  that  is  to  be  removed from the premises pursuant to this subdivision
  shall be securely sealed by the licensee or an  agent  of  the  licensee
  prior  to  removal  from  the premises, in a bag such that it is visibly
  apparent that such resealed bottle of wine has not been  tampered  with.
  Such licensee or agent of the licensee shall provide a dated receipt for
  the bottle of wine to the patron.