N.Y. Alcoholic Beverage Control Law § 55: License to sell beer at retail for consumption on the premises

§ 55. License to sell beer at retail for consumption on the premises.

1. Any person may make an application to the appropriate board for a

license to sell beer at retail to be consumed upon the premises. Such

application shall be in writing and verified and shall contain such

information as the liquor authority shall require. Such application

shall be accompanied by a check or draft for the amount required by this

article for such license. All of the provisions contained in

subdivisions two and three of the preceding section shall apply to the

procedure relative to an application for a license under this section.

2. Such a license shall contain a description of the licensed premises

and in form and in substance shall be a license to the person therein

specifically designated to sell beer in the premises therein

specifically licensed, at retail, to be consumed upon such premises.

Such license shall also include the privilege of selling beer at retail

to be consumed off the premises.

3. No such license shall be issued, however, to any person for any

premises other than premises for which a license may be issued under

section sixty-four or sixty-four-a of this chapter or a hotel or

premises which are kept, used, maintained, advertised or held out to the

public to be a place where food is prepared and served for consumption

on the premises in such quantities as to satisfy the liquor authority

that the sale of beer intended is incidental to and not the prime source

of revenue from the operation of such premises. The foregoing provisions

of this subdivision shall not apply to any premises located at, in, or

on the area leased by the city of New York to New York World's Fair 1964

Corporation pursuant to the provisions of chapter four hundred

twenty-eight of the laws of nineteen hundred sixty, as amended by a

chapter of the laws of nineteen hundred sixty-one, during the term or

duration of such lease. Such license may also include such suitable

space outside of the licensed premises and adjoining it as may be

approved by the liquor authority.