N.Y. Alcoholic Beverage Control Law § 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 gaming 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 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 as it may deem

necessary to carry out the purpose of this subdivision.

9. (a) Within ten days after filing a new application or an

application for renewal to sell liquor under section sixty-four,

sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d or sixty-four-e

of this chapter, a notice thereof shall be posted by the applicant in a

conspicuous place at the entrance to the establishment or proposed

establishment where it can be easily read by passers-by. Said notice

shall be in a form prescribed by the authority, provided however that

said notice shall be either printed or highlighted in a pink ink of a

neon, luminous or fluorescent variety. The notice shall specify the

application date, the type of license, any identifying number assigned

by the authority, if available at the time of posting such notice, and

how to contact the state liquor authority to give a response to the

application. The applicant shall make reasonable efforts to insure such

notice shall remain posted throughout the pendency of such application.

Additionally, within ten days of the applicant's receipt of a written

request from the authority, the applicant shall re-post such notice. The

authority may adopt such rules as it may deem necessary to carry out the

purpose of this paragraph.

(b) Within ten days of the applicant's receipt of written notice of a

hearing scheduled pursuant to section sixty-four, sixty-four-a or

sixty-four-c of this chapter, the applicant shall post a copy of such

notice in a conspicuous place at the entrance to the establishment or

proposed establishment where it can be easily read by passers-by. This

notice shall include in clear and concise language a statement of the

use and capacity of the establishment. The applicant shall make

reasonable efforts to insure such notice shall remain posted until the

date of the hearing or public meeting specified in such notice.

Additionally, within ten days of the applicant's receipt of a written

request from the authority, the applicant shall re-post such notice. The

authority may adopt such rules as it may deem necessary to carry out the

purpose of this paragraph.