2013 New York Consolidated Laws
ABC - Alcoholic Beverage Control
Article 8 - (100 - 131) GENERAL PROVISIONS
105 - Provisions governing licensees to sell at retail for consumption off the premises.

 
    § 105. Provisions   governing   licensees   to   sell  at  retail  for
  consumption off the premises. 1.  No  retail  license  to  sell  liquors
  and/or  wines  for consumption off the premises shall be granted for any
  premises, unless the applicant shall be the owner thereof, or  shall  be
  in  possession  of  said premises under a lease, management agreement or
  other agreement giving the applicant control over the food and  beverage
  service  at  the  premises,  in  writing,  for  a term not less than the
  license period except, however, that  such  license  may  thereafter  be
  renewed  without  the  requirement  of  a lease, management agreement or
  other agreement giving the applicant control over the food and  beverage
  service  at the premises, as herein provided. This subdivision shall not
  apply to premises leased from  government  agencies,  as  defined  under
  subdivision  twelve-c  of  section  three  of  this  chapter;  provided,
  however, that the appropriate administrator of  such  government  agency
  provides  some  form  of  written  documentation  regarding the terms of
  occupancy under which the applicant is leasing said  premises  from  the
  government  agency for presentation to the state liquor authority at the
  time of the license application. Such documentation  shall  include  the
  terms  of  occupancy  between  the  applicant and the government agency,
  including, but not limited to,  any  short-term  leasing  agreements  or
  written occupancy agreements.
    2.  No  premises  shall  be  licensed  to sell liquors and/or wines at
  retail for off premises  consumption,  unless  said  premises  shall  be
  located  in  a  store, the principal entrance to which shall be from the
  street level and located on a public thoroughfare in premises which  may
  be occupied, operated or conducted for business, trade or industry or on
  an  arcade  or  sub-surface thoroughfare leading to a railroad terminal.
  There may be not more than one additional entrance which shall  be  from
  the  street  level and located on and giving access to and from a public
  or private parking lot or parking area having space for  not  less  than
  five automobiles.
    3.  (a)  No retail license to sell liquor and/or wine for off-premises
  consumption shall be granted for any premises which shall be located  on
  the  same  street  or  avenue, and within two hundred feet of a building
  occupied exclusively as a school, church, synagogue or  other  place  of
  worship; the measurements to be taken in a straight line from the center
  of  the  nearest  entrance to the building used for such school, church,
  synagogue or other place  of  worship  to  the  center  of  the  nearest
  entrance  of  the  premises  to  be  licensed;  except, however, that no
  license shall be denied to any premises at which a  license  under  this
  chapter has been in existence continuously from a date prior to the date
  when a building on the same street or avenue and within two hundred feet
  of  said  premises  has  been  occupied exclusively as a school, church,
  synagogue or other place of worship.
    (b) Within the context of this subdivision, the word "entrance"  shall
  mean  a  door  of  a  school,  of a house of worship, or of the premises
  sought to be licensed, regularly used to give ingress to students of the
  school, to the general public attending the place  of  worship,  and  to
  patrons  or  guests of the premises proposed to be licensed, except that
  where  a  school  or  house  of  worship  is  set  back  from  a  public
  thoroughfare,  the  walkway  or stairs leading to any such door shall be
  deemed an entrance; and the measurement shall be taken to the center  of
  the  walkway  or stairs at the point where it meets the building line or
  public thoroughfare. A door which has no exterior hardware, or which  is
  used  solely  as an emergency or fire exit, or for maintenance purposes,
  or which leads directly to a part of a building not  regularly  used  by
  the general public or patrons, is not deemed an "entrance".

    (c)  Within  the context of this subdivision, a building occupied as a
  place of worship does not cease to be "exclusively" occupied as a  place
  of  worship  by incidental uses that are not of a nature to detract from
  the predominant character of the building as a place  of  worship,  such
  uses which include, but which are not limited to: the conduct of legally
  authorized  games  of  bingo or other games of chance held as a means of
  raising  funds  for  the  not-for-profit  religious  organization  which
  conducts  services  at  the place of worship or for other not-for-profit
  organizations  or  groups;  use  of  the   building   for   fund-raising
  performances    by   or   benefitting   the   not-for-profit   religious
  organizations which conducts services at the place of worship  or  other
  not-for-profit organizations or groups; the use of the building by other
  religious  organizations  or  groups  for  religious  services  or other
  purposes; the conduct of social activities by or for the benefit of  the
  congregants;  the use of the building for meetings held by organizations
  or groups providing bereavement counseling to  persons  having  suffered
  the  loss  of a loved one, or providing advice or support for conditions
  or diseases including, but not limited to, alcoholism,  drug  addiction,
  cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the
  use  of  the  building  for  blood  drives,  health  screenings,  health
  information meetings, yoga classes, exercise classes or other activities
  intended to promote the health of the congregants or other persons;  and
  use  of  the  building  by  non-congregant  members of the community for
  private social functions. The building occupied as a  place  of  worship
  does  not cease to be "exclusively" occupied as a place of worship where
  the not-for-profit religious organization occupying the place of worship
  accepts the payment of funds to defray costs related to another  party's
  use of the building.
    5.   No  retail  licensee  of  liquor  and/or  wine  for  off-premises
  consumption shall keep upon the licensed  premises  any  liquors  and/or
  wines  in  any cask, barrel, keg, hogshead or other container, except in
  the original sealed  package,  as  received  from  the  manufacturer  or
  wholesaler.  Such  containers  shall have affixed thereto such labels as
  may be required by the rules of the liquor authority, together with  all
  necessary  federal  revenue  and  New  York  state excise tax stamps, as
  required by law. Such containers shall not be opened  nor  its  contents
  consumed  on  the  premises  where  sold, except for the purpose of wine
  tasting or sampling by any person pursuant to authorization  to  conduct
  such  a  sampling  or  tasting  pursuant  to  subdivision two of section
  seventy-six of this chapter except those to whom sales are prohibited in
  section sixty-five of this chapter.
    6. Each person licensed to sell liquor and/or  wine  for  off-premises
  consumption  shall  have  painted  on  the  front window of the licensed
  premises, the name of the licensee together with the  inscription,  "New
  York  State  Retail  Liquor or Wine Store License No. .........," as the
  case may be, in uniform letters not less than three and one-half  inches
  in height.
    7.  No  sign of any kind printed, painted or electric, advertising any
  brand of liquors or wines shall be permitted on the exterior or interior
  of such premises, except by permission of the liquor authority.
    8. No retail licensee, for off-premises consumption,  shall  transport
  liquors or wines in any vehicle owned and operated or hired and operated
  by  such  retail  licensee, for off-premises consumption, except liquors
  and wines transported to the home of a purchaser not to be resold by the
  purchaser, unless there shall be attached  to  or  inscribed  upon  both
  sides  of  such  vehicle  a  sign,  showing  the name and address of the
  licensee together with the following inscription, "New York State Retail
  Liquor or Wine Store License No. . . . . . . . . . ," as  the  case  may

  be,  in  uniform  letters  not  less  than  three and one-half inches in
  height, except deliveries may be made in passenger type  vehicles  owned
  by  the  licensee and operated by the licensee or his agent, or hired by
  the  licensee  and  operated  by the licensee or his agent, provided the
  person  making  the  delivery  shall  have  upon  his  person  while  so
  delivering  a  photostatic  copy  of  the  current license issued by the
  authority. In lieu of such sign, a retail licensee may have in  the  cab
  of  such vehicle a photostatic copy of its current license issued by the
  authority, and such copy duly authenticated by the authority.
    9. No retail licensee for off-premises consumption shall  deliver  any
  liquors or wines except in vehicles owned and operated by such licensee,
  or hired and operated by such licensee from a trucking or transportation
  company  registered  with the liquor authority, and shall only make such
  deliveries at the premises of the purchaser.
    10. (a) Each retail licensee of liquor and/or  wine  for  off-premises
  consumption  shall  have  conspicuously displayed within the interior of
  the licensed premises where sales are made and where it can  be  readily
  inspected  by consumers a printed price list of the liquors and/or wines
  offered for sale therein; and no liquor and/or wine shall be sold except
  at the price set forth in such list;
    (b) No screen, blind, curtain, partition, article or  thing  shall  be
  permitted  in  the  windows or upon the doors of such licensed premises,
  which shall prevent a clear view into  the  interior  of  such  licensed
  premises from the sidewalk, at all times; and
    (c)  No  booth,  screen,  partition  or  other  obstruction  shall  be
  permitted in the interior of said licensed premises.
    11.  No  retail  licensee  of  liquor  and/or  wine  for  off-premises
  consumption  shall keep or permit to be kept upon the licensed premises,
  any liquors and/or wines  in  any  unsealed  bottle  or  other  unsealed
  container,  except  for  the  purpose of wine tasting or sampling by any
  person pursuant to authorization to conduct such a sampling  or  tasting
  pursuant  to  subdivision  two  of  section  seventy-six of this chapter
  except those to whom sales are prohibited in section sixty-five of  this
  chapter.
    12.  No  retail  licensee  of  liquor  and/or  wine  for  off-premises
  consumption shall sell or deliver any liquors and/or wines to any person
  with knowledge of, or with reasonable cause to believe, that the  person
  to whom such liquors and/or wines are so sold or delivered, has acquired
  the  same  for  the  purpose of peddling them from place to place, or of
  selling or giving them away in  violation  of  the  provisions  of  this
  chapter  or  in  violation  of  the  rules and regulations of the liquor
  authority.
    14.  (a)  No  premises  licensed  to  sell  liquor  and/or  wine   for
  off-premises consumption shall be permitted to remain open:
    (i)  On  Sunday  before  twelve  o'clock  post meridian and after nine
  o'clock post meridian.
    (ii) On any day between midnight and eight o'clock antemeridian.
    (iii) On the twenty-fifth day of December, known as Christmas day.
    In any community where daylight saving time is in  effect,  such  time
  shall be deemed the standard time for the purpose of this subdivision.
    (b) This subdivision shall only be interpreted to prohibit the sale of
  liquor and/or wine for off-premises consumption when it is closed to the
  public,  provided  however,  retail  licensees  may  undertake all other
  activities allowed during  the  course  of  normal  business  operations
  including but not limited to:
    (i) placing orders with or taking deliveries from wholesalers;
    (ii) meeting with individuals who have valid solicitors permits issued
  by the liquor authority;

    (iii) stocking shelves;
    (iv) filling or building displays; and
    (v) rotating product on store shelves.
    15.  Each  retail licensee for off-premises consumption shall keep and
  maintain upon the licensed premises, adequate books and records  of  all
  transactions  involving  the business transacted by such licensee, which
  shall show the amount of liquors and wines, purchased by  such  licensee
  together  with  the names, license numbers and places of business of the
  persons from whom the same were purchased, and the  amount  involved  in
  such  purchases, as well as the amount of liquors or wines, sold by such
  licensee, and the amount involved in each sale. Such books  and  records
  shall  be  available  for inspection by any authorized representative of
  the liquor authority.
    16. No retail licensee to sell liquors and/or wines  for  off-premises
  consumption shall be interested, directly or indirectly, in any premises
  where  liquors,  wines  or beer are manufactured or sold at wholesale or
  any  other  premises  where  liquor  or  wine  is  sold  at  retail  for
  off-premises  consumption,  by  stock ownership, interlocking directors,
  mortgage or lien on any personal or real property or by any other means.
  Any lien, mortgage or other interest or estate,  however,  now  held  by
  such   retailer  on  or  in  the  personal  or  real  property  of  such
  manufacturer or wholesaler, which mortgage, lien, interest or estate was
  acquired  on  or  before   December   thirty-first,   nineteen   hundred
  thirty-two,  shall  not  be  included  within  the  provisions  of  this
  subdivision; provided, however, the burden of establishing the  time  of
  the  accrual  of the interest comprehended by this subdivision, shall be
  upon the person  who  claims  to  be  entitled  to  the  protection  and
  exemption afforded hereby.
    17.  No  retail  licensee  for  off-premises consumption shall make or
  cause to be made any loan to any person engaged in  the  manufacture  or
  sale  of liquors, wines or beer at wholesale. No retail licensee to sell
  liquors and/or wines for off-premises consumption shall make or cause to
  be made any loan to any person engaged in the  manufacture  or  sale  of
  liquors, wines or beer at wholesale or to any person engaged in the sale
  of liquors and/or wines at retail for off-premises consumption.
    18.  A  drug  store  holding a permit to sell liquors and/or wines for
  off-premises consumption pursuant to this chapter shall  be  subject  to
  the following conditions:
    (a)  Liquors  and/or  wines  sold  by  it shall not be consumed on the
  premises where sold  or  in  any  outbuilding,  yard,  booth  or  garden
  appertaining thereto or connected therewith.
    (b) Such permittee shall keep and maintain upon the licensed premises,
  adequate  books  and records, which shall show the amount of liquors and
  wines, in gallons, purchased by such permittee together with the  names,
  license  numbers  and  places  of business, of the persons from whom the
  same were purchased and the amount involved  in  such  purchases,  which
  books  and  records  shall be available for inspection by any authorized
  representative of the liquor authority.
    (c) No liquor or wine shall be displayed in any window of the premises
  designated in the drug store permit.
    (d) No drug store permittee shall use any placard or card  advertising
  the   sale   of  any  liquor  or  wine  unless  such  card,  placard  or
  advertisement shall conspicuously state that the sale of liquor or  wine
  in  the  said premises designated in the drug store permit is limited to
  medicinal liquor to be sold by prescription only.
    20. Each retail licensee of liquor and/or  wine  shall  designate  the
  price  of  each  item  of  liquor  or  wine by attaching to or otherwise
  displaying immediately adjacent to  each  such  item  displayed  in  the

  interior of the licensed premises where sales are made a price tag, sign
  or  placard  setting  forth  the bottle price at which each such item is
  offered for sale therein.
    21.  No  retail license to sell liquor and/or wine for consumption off
  the premises shall be granted for any public billiard or pocket billiard
  room, or for establishments of any description  in  which  billiards  is
  played or which maintains any apparatus or paraphernalia for the playing
  of  billiards  or pocket billiards and is conducted as a public place of
  business for profit. Notwithstanding any prohibition to the contrary,  a
  license  may  be  issued to an establishment wherein billiards or pocket
  billiards are played or may be played on a table which measures not more
  than three feet by six feet provided that not more than two such  tables
  are  in  the establishment at any one time and further provided that the
  cue sticks used, and available for use, are made of light plexiglass  or
  some similar light material.
    22.  No  person  licensed  to  sell  alcoholic beverages at retail for
  off-premises consumption, shall suffer or permit any gambling, or  offer
  any  gambling on the licensed premises, or suffer or permit illicit drug
  activity on the licensed premises. The use of the licensed  premises  or
  any  part  thereof for the sale of lottery tickets, when duly authorized
  and lawfully conducted thereon, shall not constitute gambling within the
  meaning of this subdivision.
    23. All premises licensed  under  sections  fifty-four,  fifty-four-a,
  sixty-three  and  seventy-nine  of  this  chapter  shall  be  subject to
  inspection by any peace officer described in subdivision four of section
  2.10 of the criminal  procedure  law  acting  pursuant  to  his  special
  duties,  or  police officer or any duly authorized representative of the
  state liquor authority, during the hours when the said premises are open
  for the transaction of business.