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This entry was published on 2020-10-16
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SECTION 100
Alcoholic beverages generally
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 8
§ 100. Alcoholic beverages generally. 1. No person shall manufacture
for sale or sell at wholesale or retail any alcoholic beverage within
the state without obtaining the appropriate license therefor required by
this chapter.

1-a. No person shall sell, offer for sale, or otherwise provide for
the consumption of any powdered or crystalline alcoholic product.

2. No manufacturer and no wholesaler shall sell, or agree to sell or
deliver in this state any alcoholic beverage for the purposes of resale
to any person who is not duly licensed pursuant to this chapter to sell
such beverages, at wholesale or retail, as the case may be, at the time
of such agreement and sale.

2-a. No retailer shall employ, or permit to be employed, or shall
suffer to work, on any premises licensed for retail sale hereunder, any
person under the age of eighteen years, as a hostess, waitress, waiter,
or in any other capacity where the duties of such person require or
permit such person to sell, dispense or handle alcoholic beverages;
except that: (1) any person under the age of eighteen years and employed
by any person holding a grocery or drug store beer license shall be
permitted to handle and deliver beer and wine products for such
licensee, (2) any person under the age of eighteen employed as a cashier
by a person holding a grocery or drug store beer license shall be
permitted to record and receive payment for beer and wine product sales
when in the presence of and under the direct supervision of a person
eighteen years of age or over, (2-a) any person under the age of
eighteen years and employed by a person holding a grocery store or drug
store beer license as either a cashier or in any other position to which
handling of containers which may have held alcoholic beverages is
necessary, shall be permitted to handle the containers if such have been
presented for redemption in accordance with the provisions of title ten
of article twenty-seven of the environmental conservation law, and (3)
any person under the age of eighteen years employed as a dishwasher,
busboy, or other such position as to which handling of containers which
may have held alcoholic beverages is necessary shall be permitted to do
so under the direct supervision of a person of legal age to purchase
alcoholic beverages in the state.

2-b. Subject to the provisions of section ninety-nine-f of this
chapter no retailer shall permit or suffer to appear as an entertainer,
on any premises licensed for retail sale hereunder, any person under the
age of eighteen years, except that a person under the age of eighteen
years may appear as such entertainer, provided that:

(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 or sixty-four-d 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.