N.Y. Alcoholic Beverage Control Law § 102: General prohibitions and restrictions

§ 102. General prohibitions and restrictions. 1. (a) Except as

provided in section seventy-nine-c of this chapter, no alcoholic

beverages shall be shipped into the state unless the same shall be

consigned to a person duly licensed hereunder to traffic in alcoholic

beverages. This prohibition shall apply to all shipments of alcoholic

beverages into New York state and includes importation or distribution

for commercial purposes, for personal use, or otherwise, and

irrespective of whether such alcoholic beverages were purchased within

or without the state, provided, however, this prohibition shall not

apply to any shipment consigned to a New York resident who has

personally purchased alcoholic beverages for his personal use while

outside the United States for a minimum period of forty-eight

consecutive hours and which he has shipped as consignor to himself as

consignee. Purchases made outside the United States by persons other

than the purchaser himself, regardless whether made as his agent, or by

his authorization or on his behalf, are deemed not to have been

personally purchased within the meaning of this paragraph.

(b) Except as provided in section seventy-nine-c of this chapter, no

common carrier or other person shall bring or carry into the state any

alcoholic beverages, unless the same shall be consigned to a person duly

licensed hereunder to traffic in alcoholic beverages, provided, however,

that alcoholic beverages may be delivered by a trucking permittee from a

steamship or railroad station or terminal to a New York resident who has

personally purchased alcoholic beverages for his personal use while

outside the United States for a minimum period of forty-eight

consecutive hours, and which he has shipped as consignor to himself as

consignee, and except as so stated, no trucking permittee shall accept

for delivery, deliver or transport from a steamship or railroad station

or terminal any shipment of alcoholic beverages consigned to a

non-licensed person having his home or business in New York state.

Purchases of alcoholic beverages made outside the United States by

persons other than the purchaser himself, regardless whether made as his

agent, or by his authorization or on his behalf, are deemed not to have

been personally purchased within the meaning of this paragraph.

(c) Paragraphs (a) and (b) of this subdivision shall apply to

alcoholic beverages, either in the original package or otherwise,

whether intended for commercial or personal use, as well as otherwise,

and to foreign, interstate, as well as intrastate, shipments or

carriage, irrespective of whether such alcoholic beverages were

purchased within or without the state.

(d) Nothing in this chapter shall be deemed to exempt from taxation

the sale or use of any alcoholic beverages subject to any tax imposed

under or pursuant to the authority of the tax law or to grant any other

exemption from the provisions of such law.

2. No person holding any license hereunder, other than a license to

sell an alcoholic beverage at retail for off-premises consumption or a

license or special license to sell an alcoholic beverage at retail for

consumption on the premises where such license authorizes the sale of

liquor, beer and/or wine on the premises of a catering establishment,

off-premises catering establishment, hotel, restaurant, club, or

recreational facility, shall knowingly employ in connection with his

business in any capacity whatsoever, any person, who has been convicted

of a felony, or any of the following offenses, who has not subsequent to

such conviction received an executive pardon therefor removing any civil

disabilities incurred thereby, a certificate of relief from disabilities

or a certificate of good conduct pursuant to article twenty-three of the

correction law, or other relief from disabilities provided by law, or

the written approval of the state liquor authority permitting such

employment, to wit:

(a) Illegally using, carrying or possessing a pistol or other

dangerous weapon;

(b) Making or possessing burglar's instruments;

(c) Buying or receiving or criminally possessing stolen property;

(d) Unlawful entry of a building;

(e) Aiding escape from prison;

(f) Unlawfully possessing or distributing habit forming narcotic

drugs;

(g) Violating subdivisions six, ten or eleven of section seven hundred

twenty-two of the former penal law as in force and effect immediately

prior to September first, nineteen hundred sixty-seven, or violating

sections 165.25 or 165.30 of the penal law;

(h) Vagrancy or prostitution; or

(i) Ownership, operation, possession, custody or control of a still

subsequent to July first, nineteen hundred fifty-four.

If, as hereinabove provided, the state liquor authority issues its

written approval for the employment by a licensee, in a specified

capacity, of a person previously convicted of a felony or any of the

offenses above enumerated, such person, may, unless he is subsequently

convicted of a felony or any of such offenses, thereafter be employed in

the same capacity by any other licensee without the further written

approval of the authority unless the prior approval given by the

authority is terminated.

The liquor authority may make such rules as it deems necessary to

carry out the purpose and intent of this subdivision.

As used in this subdivision, "recreational facility" shall mean: (i)

premises that are part of a facility the principal business of which

shall be the providing of recreation in the form of golf, tennis,

swimming, skiing or boating; and (ii) premises in which the principal

business shall be the operation of a theatre, concert hall, opera house,

bowling establishment, excursion and sightseeing vessel, or

accommodation of athletic events, sporting events, expositions and other

similar events or occasions requiring the accommodation of large

gatherings of persons.

3-a. No licensee or permittee shall purchase or agree to purchase any

alcoholic beverages from any person within the state who is not duly

licensed to sell such alcoholic beverage as the case may be, at the time

of such agreement and sale nor give any order for any alcoholic beverage

to any individual who is not the holder of a solicitor's permit, except

as provided for in section eighty-five or ninety-nine-g of this chapter.

3-b. No retail licensee shall purchase, agree to purchase or receive

any alcoholic beverage except from a person duly licensed within the

state by the liquor authority to sell such alcoholic beverage at the

time of such agreement and sale to such retail licensee, except as

provided for in section eighty-five or ninety-nine-g of this chapter.

4. No licensee or any of his or its agents, servants or employees

shall peddle any liquor and/or wine from house to house by means of a

truck or otherwise, where the sale is consummated and delivery made

concurrently at the residence or place of business of a consumer. This

subdivision shall not prohibit the delivery by a licensee to consumers,

pursuant to sales made at the place of business of said licensee.

5. No licensee shall employ any canvasser or solicitor for the purpose

of receiving an order from a consumer for any liquor and/or wine at the

residence or place of business of such consumer, nor shall any licensee

receive or accept any order, for the sale of any liquor and/or wine,

which shall be solicited at the residence or place of business of a

consumer. This subdivision shall not prohibit the solicitation by a

wholesaler of an order from any licensee at the licensed premises of

such licensee.

6. No alcoholic beverage shall be released for delivery from any

warehouse located within the state, except upon a permit having first

been obtained as provided by this chapter. Applications for such permits

may be filed at the office of the liquor authority in New York, Albany

or Buffalo, whichever is nearest to the location of the warehouse, and

shall be upon a form to be prepared by the liquor authority. This

provision shall not apply to alcoholic beverages, which are to be

released for shipment outside of the state.

7. Each person owning or operating any warehouse located within the

state shall keep and maintain as part of his permanent records, treasury

department forms fifty-two and fifty-two-a as heretofore required by the

United States government.

8. No alcoholic beverage retail licensee shall sell cannabis, as

defined in section three of the cannabis law, nor have or possess a

license or permit to sell cannabis, on the same premises where alcoholic

beverages are sold.