2019 New York Laws
ABC - Alcoholic Beverage Control
Article 8 - General Provisions
100 - Alcoholic Beverages Generally.
§ 100. Alcoholic beverages generally. 1. No person shall manufacture for sale or sell at wholesale or retail any alcoholic beverage within the state without obtaining the appropriate license therefor required by this chapter. 1-a. No person shall sell, offer for sale, or otherwise provide for the consumption of any powdered or crystalline alcoholic product. 2. No manufacturer and no wholesaler shall sell, or agree to sell or deliver in this state any alcoholic beverage for the purposes of resale to any person who is not duly licensed pursuant to this chapter to sell such beverages, at wholesale or retail, as the case may be, at the time of such agreement and sale. 2-a. No retailer shall employ, or permit to be employed, or shall suffer to work, on any premises licensed for retail sale hereunder, any person under the age of eighteen years, as a hostess, waitress, waiter, or in any other capacity where the duties of such person require or permit such person to sell, dispense or handle alcoholic beverages; except that: (1) any person under the age of eighteen years and employed by any person holding a grocery or drug store beer license shall be permitted to handle and deliver beer and wine products for such licensee, (2) any person under the age of eighteen employed as a cashier by a person holding a grocery or drug store beer license shall be permitted to record and receive payment for beer and wine product sales when in the presence of and under the direct supervision of a person eighteen years of age or over, (2-a) any person under the age of eighteen years and employed by a person holding a grocery store or drug store beer license as either a cashier or in any other position to which handling of containers which may have held alcoholic beverages is necessary, shall be permitted to handle the containers if such have been presented for redemption in accordance with the provisions of title ten of article twenty-seven of the environmental conservation law, and (3) any person under the age of eighteen years employed as a dishwasher, busboy, or other such position as to which handling of containers which may have held alcoholic beverages is necessary shall be permitted to do so under the direct supervision of a person of legal age to purchase alcoholic beverages in the state. 2-b. Subject to the provisions of section ninety-nine-f of this chapter no retailer shall permit or suffer to appear as an entertainer, on any premises licensed for retail sale hereunder, any person under the age of eighteen years, except that a person under the age of eighteen years may appear as such entertainer, provided that:(a) the parents or lawful guardian of such person expressly consent in writing to such appearance;
(b) the appearance is for a special function, occasion, or event;
(c) the appearance is approved by and made under the sponsorship of a primary or secondary school;
(d) the appearance takes place in the presence and under the direct supervision of a teacher of such school; and
(e) the appearance does not take place in a tavern. Failure to restrain such a person from so appearing shall be deemed to constitute permission. 3. Nothing contained in this chapter shall be construed to require that any food be sold or purchased with or in order to obtain any alcoholic beverage for consumption on the premises where sold. 4. Alcoholic beverages may be sold to be consumed on the premises at a bar, counter or similar contrivance. Only one such bar, counter or contrivance shall be permitted in any licensed premises, except that not more than two additional bars, counters or contrivances may be permitted by the liquor authority for good cause shown to it, and upon the payment to it of a fee, for each additional bar, equivalent to the amount of the annual license fee paid by the licensee or, in the case of an additional bar, counter or contrivance operated on a seasonal basis, a fee equivalent to the amount of the annual license fee paid by the licensee prorated for the number of months that the seasonal bar is in operation. Provided however that:
(a) if the licensed premises is a legitimate theatre or concert hall, or contiguous to and used in conjunction with a legitimate theatre or concert hall, additional bars, counters or contrivances may be permitted by the liquor authority upon payment to it of an annual fee of one hundred dollars for each such additional bar, counter or contrivance so permitted, in addition to the annual license fee paid by such licensee;
(b) if such licensed premises be located at a baseball park, race track, or either outdoor or indoor athletic field, facility, arena or stadium, additional bars, counters or contrivances where beer shall be sold at retail for consumption on the premises may be permitted by the liquor authority, upon payment to it of the annual fee of thirty dollars for each such additional bar, counter or contrivance so permitted, in addition to the amount of the annual license fee paid by the licensee; and
(c) temporary portable bars, counters or contrivances shall be permitted in a ballroom, meeting room or private dining-room on the licensed premises of a hotel, restaurant or club during such time as said ballroom, meeting room or private dining-room is used for a private dinner, entertainment, meeting or similar affair to which members of the general public are not admitted. 4-a. At race meetings, authorized by the state racing commission, notwithstanding any inconsistent provision of law, additional bars, counters or contrivances where alcoholic beverages shall be sold at retail for consumption on the premises may be permitted by the liquor authority, upon payment to it of a fee equivalent to the amount of the annual or summer license fee paid by the licensee for each such additional bar, counter or contrivance so permitted in addition to the amount of the annual or summer license fee paid by the licensee. 4-b. Notwithstanding any inconsistent provision of law, for venues being operated or to be operated under a license to sell alcoholic beverages for consumption on the premises, and having a capacity for one thousand or more persons, the liquor authority may issue licenses for bars, counters, or similar contrivances in such numbers as the authority may determine in the exercise of its discretion. 5. No retail licensee for off-premises consumption shall sell, deliver or give away, or cause, permit or procure to be sold, delivered or given away any alcoholic beverage, other than as provided herein, on credit: a retail licensee for off-premises consumption, except a winery licensee, may accept third party credit cards for the sale of any alcoholic beverage for which it is licensed; a winery licensee having the right to sell wine at retail for off-premises consumption may accept third party credit cards for the sale of said beverages at the winery premises only; and any person duly authorized to sell wine at retail for consumption off the premises may sell on credit to any regularly organized church, synagogue or religious organization, wines to be used for sacramental purposes only. For purposes of this subdivision, beer and wine products that are delivered and left at the residence of a consumer without payment of the balance due thereon shall not constitute a sale on credit. 6. Notwithstanding any provision of law, rule or regulation to the contrary, a retail licensee for off-premises consumption may sell, deliver or give away, or cause, permit or procure to be sold, delivered or given away any alcoholic beverage on credit to a business or corporation, provided that the business or corporation is permitted to purchase from such retail licensee under this chapter. Such credit period shall not exceed thirty days. 7. No licensee shall sell or purchase any receipts, certificates, contracts or other documents issued for the storage of alcoholic beverages except as provided by the rules of the liquor authority. The liquor authority shall prescribe such rules for the purchase and sale of such receipts, certificates, contracts or other documents issued for the storage of alcoholic beverages which, in its opinion, will best accomplish
(1) Elimination of fraudulent and deceptive transactions;
(2) Protection of purchasers against defaults by sellers;
(3) The delivery of the alcoholic beverages represented by such receipts or documents, and
(4) The payment of all taxes due thereon to the state. 8. Within ten days after filing a new application to sell liquor at retail under section sixty-three, sixty-four, sixty-four-a or sixty-four-b of this chapter, a notice thereof, in the form prescribed by the authority, shall be posted by the applicant in a conspicuous place at the entrance to the proposed premises. The applicant shall make reasonable efforts to insure such notice shall remain posted throughout the pendency of the application. The provisions hereof shall apply only where no retail liquor license has previously been granted for the proposed premise and shall, specifically, not be applicable to a proposed sale of an existing business engaged in the retail sale of liquor. The authority may adopt such rules it may deem necessary to carry out the purpose of this subdivision.
