N.Y. Alcoholic Beverage Control Law § 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. (a) Notwithstanding any provision of this chapter to the contrary,

a retail licensee to sell liquor and/or wine for consumption off the

premises shall be authorized to sell up to six bottles of wine or liquor

in the aggregate per week to a retail licensee for on-premises

consumption.

(b) Both the retail licensee for on-premises consumption and the

retail licensee for off-premises consumption shall retain evidence of

each purchase of wine and liquor from a retailer licensed to sell liquor

and/or wine for consumption off the premises in the form of a purchase

receipt showing the name of the retailer, the date of purchase, a

description of the alcohol beverages purchased, and the price paid for

the alcohol beverages. The retail licensee for on-premises consumption

and the retail licensee for off-premises consumption shall retain the

receipt and make it available for inspection by the state liquor

authority and its duly authorized agents and employees.

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.

(d) The provisions of this subdivision shall not apply to premises

located wholly within the boundaries of the county of Warren, bounded

and described as follows:

ALL THAT CERTAIN LOT OR PARCEL OF LAND situate in the City of Glens

Falls, County of Warren, New York, bounded and described as follows:

Beginning at the intersection of the southwesterly side of Glen Street

with the northwesterly side of South Street and running thence along the

southwesterly side of Glen Street north 51 degrees 51 minutes west

sixty-five and fifty-two one hundredths feet (65.52) to premises now or

formerly owned by Daniel L. Robertson, being the store lot formerly

owned by Ruliff Kipp; thence south 38 degrees 9 minutes west along the

southeasterly side of said Robertson lot nine and fifty-eight one

hundredths feet (9.58) to a point at the southeasterly corner of the

foundation of the building on said Robertson property and at the

northeasterly corner of the foundation of the building on the premises

herein described and continuing on the same course and along the said

southeasterly side of said Robertson lot one hundred ten and thirty-nine

one-hundredths feet (110.39) (said course being in all one hundred

nineteen and ninety-seven one hundredths feet (119.97) to the

northeasterly line of the premises formerly owned by Colvin & Parks upon

which is constructed the Empire Theatre; thence along said northeasterly

line of said Colvin & Parks (now Empire Theatre Lot) south 48 degrees 2

minutes east eighteen and thirty-five one-hundredths feet (18.35) to an

angle point in said property line of lands formerly of Colvin & Parks

(now Empire Theatre Lot) which point is north 58 degrees 32 minutes west

sixty-two and seventy-four one-hundredths feet (62.74) from the

northwesterly side of South Street; thence continuing along the

northeasterly line of said Colvin & Parks (now Empire Theatre Lot) south

58 degrees 32 minutes east sixty-two and seventy-four one-hundredths

feet (62.74) to the northwesterly side of South Street and to a point 12

feet measured along said northwesterly side of South Street from the

southeasterly corner of the foundation of the building on said premises

herein described (formerly American Hotel and later Hotel Ruliff and now

Plaza Hotel); thence along the said northwesterly side of said South

Street north 30 degrees 36 minutes east one hundred fourteen and

ninety-one hundredths feet (114.90) to the point or place of beginning.

"Reserving, however, the right of way between the said Colvin & Parks

line and the said Plaza Hotel Building and along the northerly line of

said Colvin & Parks property sufficient for teams to pass through and

for all pedestrians seeking ingress and egress from said Colvin & Parks

land which right of way shall not be obstructed or built over by the

owner of the premises herein described, its successors or assigns."

Excepting and reserving from the foregoing, the underground passageway

or vault, located in the alley extending westerly from South Street in

said City of Glens Falls, beside the building located on the lands now

or formerly of Empire Real Estate & Theatre Co., as described in a deed

from J.E. Bennett and Nicholas Kakoulis to New York Power and Light

Corporation, dated the 13th day of November, 1942 and recorded in the

Warren County Clerk's Office on the 16th day of January, 1943 in Book

223 of Deeds at page 535, together with the rights of way and easements

therein provided.

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 three of section

seventy-six of this chapter except those to whom sales are prohibited in

section sixty-five of this chapter. The provisions of this subdivision

shall not prohibit a licensed winery or farm winery from selling or

delivering wine to a consumer for off-premises consumption in a

container not to exceed four liters in capacity that shall have a

temporarily secured seal for purposes of removing the wine from the

premises.

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 three of section seventy-six of this chapter

except those to whom sales are prohibited in section sixty-five of this

chapter. The provisions of this subdivision shall not prohibit a

licensed winery or farm winery from selling or delivering wine to a

consumer for off-premises consumption in a container not to exceed four

liters in capacity that shall have a temporarily secured seal for

purposes of removing the wine from the premises.

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 ten o'clock ante meridian and after ten o'clock

post meridian.

(ii) On any day between midnight and eight o'clock antemeridian.

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.

24. The provisions of subdivisions sixteen and seventeen of this

section shall not apply to any interest in a wholesale premise outside

the United States, held by any business or entity located on any parcel

of land, situate, lying and being in the Borough of Manhattan, City,

County and State of New York, bounded and described as follows:

Beginning at a point on the southerly side of 72nd Street distant 179

feet easterly from the southerly corner of Amsterdam Avenue and 72nd

Street; Running thence southerly and parallel with the easterly side of

Amsterdam Avenue 102 feet 2 inches to the center line of the block;

Thence easterly and parallel with the southerly side of 72nd Street 21

feet; Thence northerly and parallel with the easterly side of Amsterdam

Avenue and part of the distance through a party wall 102 feet 2 inches

to the southerly side of 72nd Street; Thence westerly along the

southerly side of 72nd Street 21 feet to the point or place of

Beginning.

* 25. (a) The provisions of subdivisions sixteen and seventeen of this

section shall not apply to any interest in a manufacturer inside or

outside the United States, held by any business or entity located on any

parcels of land in the Borough and County of the Bronx, City and State

of New York, bounded and described as follows:

Parcel A: Beginning at a point within block 1044, lot 15, said point

being distant the following four (4) courses from the point formed by

the intersection of the westerly line of Baretto street (60 feet wide)

with the northerly line of Lafayette (100 feet wide); Along said

westerly line of Baretto street, north 41 degrees 26 minutes 45 seconds

west, a distance of 197.70 feet to an angle point therein, thence;

Continuing along said line of Baretto street, north 53 degrees 34

minutes 00 seconds west, a distance of 14.21 feet to a point, thence;

Through block 2739, lot 15, south 55 degrees 00 minutes 00 seconds west,

a distance of 75.72 feet to a point, thence; Continuing through block

2739, lot 15, south 10 degrees 00 minutes 00 seconds west, a distance of

8.19 feet to the point and place of beginning, thence; From said point

of beginning the following four courses; South 35 degrees 00 minutes 00

seconds east, a distance of 42.59 feet to a point, thence; south 55

Degrees 00 minutes 00 seconds west, a distance of 18.44 feet to a point,

thence; North 35 degrees 00 minutes 00 seconds west, a distance of 42.59

feet to a point, thence; North 55 degrees 00 minutes 00 seconds east, a

distance of 18.44 feet to the point of beginning. Containing within said

bounds 785 square feet or 0.0180 AC.

Parcel B: Beginning at a point within block 1044, lot 15, said point

being distant the following four (4) courses from the point formed by

the intersection of the westerly line of Baretto street (60 feet wide)

with the northerly line of Lafayette (100 feet wide); Along said

westerly line of Baretto Street, North 41 degrees 26 minutes 45 seconds

west, a distance of 197.70 feet to an angle point therein, thence;

Continuing along said line of Baretto street, North 53 degrees 34

minutes 00 seconds west, a distance of 14.21 feet to a point, thence;

Through block 2739, lot 15, South 55 degrees 00 minutes 00 seconds west,

a distance of 142.85 feet to a point, thence; Continuing through block

2739, lot 15, South 10 degrees 00 minutes 00 seconds west, a distance of

8.19 feet to the point and place of beginning, thence; From said point

of beginning the following four courses; South 35 degrees 00 minutes 00

seconds east, a distance of 42.02 feet to a point, thence; south 55

Degrees 00 minutes 00 seconds west, a distance of 40.86 feet to a point,

thence; North 35 degrees 00 minutes 00 seconds west, a distance of 42.02

feet to a point, thence; North 55 degrees 00 minutes 00 seconds east, a

distance of 40.86 feet to the point of beginning. Containing within said

bounds 1,717 square feet or 0.0394 AC.

(b) Provided, however, that with respect to such retail licensee's

interest in a business engaged in the manufacture of alcoholic beverages

described in subdivision sixteen or seventeen of this section:

(i) such interest shall have been acquired prior to the effective date

of this subdivision; and

(ii) such retail licensee shall not purchase alcoholic beverages

directly from any such manufacturer.

* NB Repealed upon certain provisions (see chapter 362 of 2024 § 2)