N.Y. Alcoholic Beverage Control Law § 63: Seven day license to sell liquor at retail for consumption off the premises

§ 63. Seven day license to sell liquor at retail for consumption off

the premises. 1. Any person may make an application to the appropriate

board for a seven day license to sell liquor at retail not to be

consumed upon the premises where sold. Such application shall be in such

form and shall contain such information as shall be required by the

rules of the liquor authority and shall be accompanied by a check or

draft in the amount required by this article for such license.

1-a. The liquor authority shall convert all current licenses to sell

liquor at retail for consumption off the premises to seven day licenses

to sell liquor at retail for consumption off the premises pursuant to

subdivision four of section sixty of this article.

2. Section fifty-four shall control so far as is applicable the

procedure in connection with such applications.

3. Such license shall in form and in substance be a license to the

person specifically designated therein to sell liquor in the premises

specifically licensed at retail for off-premise consumption and shall

also include the privilege to sell wine under the same terms and

conditions without the payment of any additional fee.

4. No licensee under this section shall be engaged in any other

business on the licensed premises. The sale of lottery tickets, when

duly authorized and lawfully conducted, the sale of reusable bags as

defined in section 27-2801 of the environmental conservation law, the

sale of corkscrews or the sale of ice or the sale of publications,

including prerecorded video and/or audio cassette tapes, or educational

seminars, designed to help educate consumers in their knowledge and

appreciation of alcoholic beverages, as defined in section three of this

chapter and allowed pursuant to their license, or the sale of

non-carbonated, non-flavored mineral waters, spring waters and drinking

waters or the sale of glasses designed for the consumption of wine or

liquor, racks designed for the storage of wine, and devices designed to

minimize oxidation in bottles of wine which have been uncorked, or the

sale of gift bags, gift boxes, associated gift or promotional items, or

wrapping, for alcoholic beverages purchased at the licensed premises

shall not constitute engaging in another business within the meaning of

this subdivision. Any fee obtained from the sale of an educational

seminar shall not be considered as a fee for any tasting that may be

offered during an educational seminar, provided that such tastings are

available to persons who have not paid to attend the seminar and all

tastings are conducted in accordance with section sixty-three-a of this

article. For the purposes of this section, gift or promotional items

shall only include those items that are complimentary and directly

associated with the sale of wine or liquor they are promoting and shall

mean: (i) items that are de minimis in value, but in no instance shall

merchandise be valued at more than fifteen dollars in total; (ii) items

that are imprinted with the wine or liquor brand logo on the gift or

promotional item; and (iii) items that are included as part of a

manufactured pre-sealed package with the wine or liquor that is being

gifted or promoted. Further, for the purposes of this section,

promotional items shall not include any food, non-alcoholic beverage, or

other drink or food mix, nor shall these items be offered for sale to

the general public as individual items.

5. Not more than one license shall be granted to any person under this

section.

6. Determinations under this section with respect to the issuance of a

new license or under section one hundred eleven with respect to the

transfer to any other premises of a license issued hereunder, shall be

made in accordance with public convenience and advantage.