(a) the parents or lawful guardian of such person expressly consent in
writing to such appearance;
(b) the appearance is for a special function, occasion, or event;
(c) the appearance is approved by and made under the sponsorship of a
primary or secondary school;
(d) the appearance takes place in the presence and under the direct
supervision of a teacher of such school; and
(e) the appearance does not take place in a tavern. Failure to
restrain such a person from so appearing shall be deemed to constitute
permission.
3. Nothing contained in this chapter shall be construed to require
that any food be sold or purchased with or in order to obtain any
alcoholic beverage for consumption on the premises where sold.
4. Alcoholic beverages may be sold to be consumed on the premises at a
bar, counter or similar contrivance. Only one such bar, counter or
contrivance shall be permitted in any licensed premises, except that not
more than two additional bars, counters or contrivances may be permitted
by the liquor authority for good cause shown to it, and upon the payment
to it of a fee, for each additional bar, equivalent to the amount of the
annual license fee paid by the licensee or, in the case of an additional
bar, counter or contrivance operated on a seasonal basis, a fee
equivalent to the amount of the annual license fee paid by the licensee
prorated for the number of months that the seasonal bar is in operation.
Provided however that:
(a) if the licensed premises is a legitimate theatre or concert hall,
or contiguous to and used in conjunction with a legitimate theatre or
concert hall, additional bars, counters or contrivances may be permitted
by the liquor authority upon payment to it of an annual fee of one
hundred dollars for each such additional bar, counter or contrivance so
permitted, in addition to the annual license fee paid by such licensee;
(b) if such licensed premises be located at a baseball park, race
track, or either outdoor or indoor athletic field, facility, arena or
stadium, additional bars, counters or contrivances where beer shall be
sold at retail for consumption on the premises may be permitted by the
liquor authority, upon payment to it of the annual fee of thirty dollars
for each such additional bar, counter or contrivance so permitted, in
addition to the amount of the annual license fee paid by the licensee;
and
(c) temporary portable bars, counters or contrivances shall be
permitted in a ballroom, meeting room or private dining-room on the
licensed premises of a hotel, restaurant or club during such time as
said ballroom, meeting room or private dining-room is used for a private
dinner, entertainment, meeting or similar affair to which members of the
general public are not admitted.
4-a. At race meetings, authorized by the state gaming commission,
notwithstanding any inconsistent provision of law, additional bars,
counters or contrivances where alcoholic beverages shall be sold at
retail for consumption on the premises may be permitted by the liquor
authority, upon payment to it of a fee equivalent to the amount of the
annual or summer license fee paid by the licensee for each such
additional bar, counter or contrivance so permitted in addition to the
amount of the annual or summer license fee paid by the licensee.
4-b. Notwithstanding any inconsistent provision of law, for venues
being operated or to be operated under a license to sell alcoholic
beverages for consumption on the premises, and having a capacity for one
thousand or more persons, the liquor authority may issue licenses for
bars, counters, or similar contrivances in such numbers as the authority
may determine in the exercise of its discretion.
5. No retail licensee for off-premises consumption shall sell, deliver
or give away, or cause, permit or procure to be sold, delivered or given
away any alcoholic beverage, other than as provided herein, on credit: a
retail licensee for off-premises consumption, except a winery licensee,
may accept third party credit cards for the sale of any alcoholic
beverage for which it is licensed; a winery licensee having the right to
sell wine at retail for off-premises consumption may accept third party
credit cards for the sale of said beverages at the winery premises only;
and any person duly authorized to sell wine at retail for consumption
off the premises may sell on credit to any regularly organized church,
synagogue or religious organization, wines to be used for sacramental
purposes only. For purposes of this subdivision, beer and wine products
that are delivered and left at the residence of a consumer without
payment of the balance due thereon shall not constitute a sale on
credit.
6. Notwithstanding any provision of law, rule or regulation to the
contrary, a retail licensee for off-premises consumption may sell,
deliver or give away, or cause, permit or procure to be sold, delivered
or given away any alcoholic beverage on credit to a business or
corporation, provided that the business or corporation is permitted to
purchase from such retail licensee under this chapter. Such credit
period shall not exceed thirty days.
7. No licensee shall sell or purchase any receipts, certificates,
contracts or other documents issued for the storage of alcoholic
beverages except as provided by the rules of the liquor authority. The
liquor authority shall prescribe such rules for the purchase and sale of
such receipts, certificates, contracts or other documents issued for the
storage of alcoholic beverages which, in its opinion, will best
accomplish
(1) Elimination of fraudulent and deceptive transactions;
(2) Protection of purchasers against defaults by sellers;
(3) The delivery of the alcoholic beverages represented by such
receipts or documents, and
(4) The payment of all taxes due thereon to the state.
8. Within ten days after filing a new application to sell liquor at
retail under section sixty-three of this chapter, a notice thereof, in
the form prescribed by the authority, shall be posted by the applicant
in a conspicuous place at the entrance to the proposed premises. The
applicant shall make reasonable efforts to insure such notice shall
remain posted throughout the pendency of the application. The provisions
hereof shall apply only where no retail liquor license has previously
been granted for the proposed premise and shall, specifically, not be
applicable to a proposed sale of an existing business engaged in the
retail sale of liquor. The authority may adopt such rules as it may deem
necessary to carry out the purpose of this subdivision.
9. (a) Within ten days after filing a new application or an
application for renewal to sell liquor under section sixty-four,
sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d or sixty-four-e
of this chapter, a notice thereof shall be posted by the applicant in a
conspicuous place at the entrance to the establishment or proposed
establishment where it can be easily read by passers-by. Said notice
shall be in a form prescribed by the authority, provided however that
said notice shall be either printed or highlighted in a pink ink of a
neon, luminous or fluorescent variety. The notice shall specify the
application date, the type of license, any identifying number assigned
by the authority, if available at the time of posting such notice, and
how to contact the state liquor authority to give a response to the
application. The applicant shall make reasonable efforts to insure such
notice shall remain posted throughout the pendency of such application.
Additionally, within ten days of the applicant's receipt of a written
request from the authority, the applicant shall re-post such notice. The
authority may adopt such rules as it may deem necessary to carry out the
purpose of this paragraph.
(b) Within ten days of the applicant's receipt of written notice of a
hearing scheduled pursuant to section sixty-four, sixty-four-a or
sixty-four-c of this chapter, the applicant shall post a copy of such
notice in a conspicuous place at the entrance to the establishment or
proposed establishment where it can be easily read by passers-by. This
notice shall include in clear and concise language a statement of the
use and capacity of the establishment. The applicant shall make
reasonable efforts to insure such notice shall remain posted until the
date of the hearing or public meeting specified in such notice.
Additionally, within ten days of the applicant's receipt of a written
request from the authority, the applicant shall re-post such notice. The
authority may adopt such rules as it may deem necessary to carry out the
purpose of this paragraph.
Structure New York Laws
ABC - Alcoholic Beverage Control
Article 8 - General Provisions
100 - Alcoholic Beverages Generally.
101 - Manufacturers and Wholesalers Not to Be Interested in Retail Places.
101-AAA - Terms of Sale; Beer or Wine Products.
101-B - Unlawful Discriminations Prohibited; Filing of Schedules; Schedule Listing Fund.
102 - General Prohibitions and Restrictions.
103 - Provisions Governing Manufacturers.
104 - Provisions Governing Wholesalers.
104-A - Provisions Governing Vendors.
105 - Provisions Governing Licensees to Sell at Retail for Consumption Off the Premises.
105-A - Sale of Beer at Retail on Sunday.
105-B - Posting of Certain Signs.
106 - Provisions Governing Licensees to Sell at Retail for Consumption on the Premises.
106-A - Notice of Arrest and Convictions.
107 - Advertising and Forms of Notices of the Issuance of Licenses.
107-A - Labeling Containers of Alcoholic Beverages.
108 - Restrictions Upon Licensees.
109 - Renewals of Licenses and Permits.
110 - Information to Be Requested in Applications for Licenses or Permits.
110-A - Notice of Application for Certain Licenses to Be Published by Applicant.
110-B - Notification to Municipalities.
111 - License to Be Confined to Premises Licensed.
112 - Bonds of Licensees and Permittees.
113 - Premises for Which No License Shall Be Granted.
114 - Licenses, Publication, General Provisions.
114-A - License or Permit Issuance and Registration Approval.
115 - Rules Need Not Be Uniform.
116 - Deliveries of Alcoholic Beverages.
117 - Transportation of Alcoholic Beverages.
117-A - Unlimited Drink Offerings Prohibited.
117-B - Possession or Use of Alcohol Vaporizing Devices Prohibited.
118 - Revocation of Licenses for Cause.
119 - Procedure for Revocation or Cancellation.
120 - Decisions by Liquor Authority.
120-A - Corporate Change; Hearing on Application.
122 - Continuance of Business by Receiver or Other Representative.
123 - Injunction for Unlawful Manufacturing, Sale or Consumption of Liquor, Wine or Beer.
124 - Liquor Authority to Be Necessary Party to Certain Proceedings.
125 - Disposition of Moneys Received for License Fees.
126 - Persons Forbidden to Traffic in Alcoholic Beverages.
127 - Surrender and Cancellation of Licenses; Payment of Refunds; Notice to Police Officials.
127-A - Surrender and Cancellation of Permits; Payment of Refunds; Notice to Police Officials.
127-B - Payment of Refunds on Special Permits and Notice to Police Officers.
127-C - Refunds on Licenses and Permits Erroneously or Unlawfully Cancelled, Revoked or Suspended.
127-D - Refunds on Over-Payment of Fees; Permit Not Issued.
128 - Certain Officials Not to Be Interested in Manufacture or Sale of Alcoholic Beverages.
128-A - Police Officers Allowed to Work in Licensed Premises in Certain Cases.
128-B - Police Officers Allowed to Serve as an Officer of a Volunteer Firefighters' Organization.
128-C - Police Officers Allowed to Serve as an Officer of Veterans' Organization.
129 - Surrender of License; Notice to Police Officials.
130 - Penalties for Violations of Chapter.
131 - New York Alcoholic Beverage Control Problem Premises Task Force.