N.Y. Alcoholic Beverage Control Law § 81: License to sell wine at retail for consumption on the premises

§ 81. License to sell wine at retail for consumption on the premises.

1. The procedure set forth in section sixty-four hereof shall apply so

far as applicable to applications for licenses to sell wine at retail

for consumption on the premises, except as provided in subdivision two

of this section.

2. No such license shall be issued to any person for any premises

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

sixty-four 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 wine

intended is incidental to and not the prime source of revenue from the

operation of such premises. Such license may also include such suitable

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

by the liquor authority.

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

person specifically licensed to sell wine at retail, to be consumed upon

the premises. Such license shall also be deemed to include a license to

sell beer, soju and shochu at retail to be consumed under the same terms

and conditions without the payment of any additional fee. For the

purposes of this subdivision:

(a) "soju" shall mean an imported Korean alcoholic beverage that

contains not more than twenty-four per centum alcohol, by volume, and is

derived from agricultural products.

(b) "shochu" shall mean an imported Japanese alcoholic beverage that

contains not more than twenty-four per centum alcohol, by volume, and is

derived from agricultural products.

4. A restaurant licensed to sell wine under this section may permit a

patron to remove one unsealed bottle of wine for off-premises

consumption provided that the patron has purchased a full course meal

and consumed a portion of the bottle of wine with such meal on the

restaurant premises. For the purposes of this subdivision the term "full

course meal" shall mean a diversified selection of food which is

ordinarily consumed with the use of tableware and cannot conveniently be

consumed while standing or walking. A partially consumed bottle of wine

that is to be removed from the premises pursuant to this subdivision

shall be securely sealed by the licensee or an agent of the licensee

prior to removal from the premises, in a bag such that it is visibly

apparent that such resealed bottle of wine has not been tampered with.

Such licensee or agent of the licensee shall provide a dated receipt for

the bottle of wine to the patron.