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

§ 81-a. Special license to sell wine at retail for consumption on the

premises. 1. On or after the effective date hereof, any person may make

an application to the appropriate board for a special license to sell

wine at retail to be consumed on the premises where sold.

2. Such special license shall in form and in substance be a license to

the person specifically licensed to sell wine at retail to be consumed

on the premises specifically licensed. Such license shall also be deemed

to include a license to sell beer at retail to be consumed under the

same terms and conditions, without the payment of any additional fee.

3. The provisions contained in subdivisions three, four, six, eight

and nine of section sixty-four-a shall apply to applicants for licenses

under this section.

4. a. 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.

b. Notwithstanding paragraph a of this subdivision, a special

on-premises license for a premises in which the principal business shall

be the operation of a legitimate theater by a corporation organized

pursuant to the not-for-profit corporation law may be granted

notwithstanding the proximity of such premises to any school, provided

that the availability of alcoholic beverages on such premises shall not

be advertised in any way at such premises in any manner visible from

such street or avenue.