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This entry was published on 2021-04-02
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SECTION 102
General prohibitions and restrictions
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 8
§ 102. General prohibitions and restrictions. 1. (a) Except as
provided in section seventy-nine-c of this chapter, no alcoholic
beverages shall be shipped into the state unless the same shall be
consigned to a person duly licensed hereunder to traffic in alcoholic
beverages. This prohibition shall apply to all shipments of alcoholic
beverages into New York state and includes importation or distribution
for commercial purposes, for personal use, or otherwise, and
irrespective of whether such alcoholic beverages were purchased within
or without the state, provided, however, this prohibition shall not
apply to any shipment consigned to a New York resident who has
personally purchased alcoholic beverages for his personal use while
outside the United States for a minimum period of forty-eight
consecutive hours and which he has shipped as consignor to himself as
consignee. Purchases made outside the United States by persons other
than the purchaser himself, regardless whether made as his agent, or by
his authorization or on his behalf, are deemed not to have been
personally purchased within the meaning of this paragraph.

(b) Except as provided in section seventy-nine-c of this chapter, no
common carrier or other person shall bring or carry into the state any
alcoholic beverages, unless the same shall be consigned to a person duly
licensed hereunder to traffic in alcoholic beverages, provided, however,
that alcoholic beverages may be delivered by a trucking permittee from a
steamship or railroad station or terminal to a New York resident who has
personally purchased alcoholic beverages for his personal use while
outside the United States for a minimum period of forty-eight
consecutive hours, and which he has shipped as consignor to himself as
consignee, and except as so stated, no trucking permittee shall accept
for delivery, deliver or transport from a steamship or railroad station
or terminal any shipment of alcoholic beverages consigned to a
non-licensed person having his home or business in New York state.
Purchases of alcoholic beverages made outside the United States by
persons other than the purchaser himself, regardless whether made as his
agent, or by his authorization or on his behalf, are deemed not to have
been personally purchased within the meaning of this paragraph.

(c) Paragraphs (a) and (b) of this subdivision shall apply to
alcoholic beverages, either in the original package or otherwise,
whether intended for commercial or personal use, as well as otherwise,
and to foreign, interstate, as well as intrastate, shipments or
carriage, irrespective of whether such alcoholic beverages were
purchased within or without the state.

(d) Nothing in this chapter shall be deemed to exempt from taxation
the sale or use of any alcoholic beverages subject to any tax imposed
under or pursuant to the authority of the tax law or to grant any other
exemption from the provisions of such law.

2. No person holding any license hereunder, other than a license to
sell an alcoholic beverage at retail for off-premises consumption or a
license or special license to sell an alcoholic beverage at retail for
consumption on the premises where such license authorizes the sale of
liquor, beer and/or wine on the premises of a catering establishment,
hotel, restaurant, club, or recreational facility, shall knowingly
employ in connection with his business in any capacity whatsoever, any
person, who has been convicted of a felony, or any of the following
offenses, who has not subsequent to such conviction received an
executive pardon therefor removing any civil disabilities incurred
thereby, a certificate of relief from disabilities or a certificate of
good conduct pursuant to article twenty-three of the correction law, or
other relief from disabilities provided by law, or the written approval
of the state liquor authority permitting such employment, to wit:

(a) Illegally using, carrying or possessing a pistol or other
dangerous weapon;

(b) Making or possessing burglar's instruments;

(c) Buying or receiving or criminally possessing stolen property;

(d) Unlawful entry of a building;

(e) Aiding escape from prison;

(f) Unlawfully possessing or distributing habit forming narcotic
drugs;

(g) Violating subdivisions six, ten or eleven of section seven hundred
twenty-two of the former penal law as in force and effect immediately
prior to September first, nineteen hundred sixty-seven, or violating
sections 165.25 or 165.30 of the penal law;

(h) Vagrancy or prostitution; or

(i) Ownership, operation, possession, custody or control of a still
subsequent to July first, nineteen hundred fifty-four.

If, as hereinabove provided, the state liquor authority issues its
written approval for the employment by a licensee, in a specified
capacity, of a person previously convicted of a felony or any of the
offenses above enumerated, such person, may, unless he is subsequently
convicted of a felony or any of such offenses, thereafter be employed in
the same capacity by any other licensee without the further written
approval of the authority unless the prior approval given by the
authority is terminated.

The liquor authority may make such rules as it deems necessary to
carry out the purpose and intent of this subdivision.

As used in this subdivision, "recreational facility" shall mean: (i)
premises that are part of a facility the principal business of which
shall be the providing of recreation in the form of golf, tennis,
swimming, skiing or boating; and (ii) premises in which the principal
business shall be the operation of a theatre, concert hall, opera house,
bowling establishment, excursion and sightseeing vessel, or
accommodation of athletic events, sporting events, expositions and other
similar events or occasions requiring the accommodation of large
gatherings of persons.

3-a. No licensee or permittee shall purchase or agree to purchase any
alcoholic beverages from any person within the state who is not duly
licensed to sell such alcoholic beverage as the case may be, at the time
of such agreement and sale nor give any order for any alcoholic beverage
to any individual who is not the holder of a solicitor's permit, except
as provided for in section eighty-five or ninety-nine-g of this chapter.

3-b. No retail licensee shall purchase, agree to purchase or receive
any alcoholic beverage except from a person duly licensed within the
state by the liquor authority to sell such alcoholic beverage at the
time of such agreement and sale to such retail licensee, except as
provided for in section eighty-five or ninety-nine-g of this chapter.

4. No licensee or any of his or its agents, servants or employees
shall peddle any liquor and/or wine from house to house by means of a
truck or otherwise, where the sale is consummated and delivery made
concurrently at the residence or place of business of a consumer. This
subdivision shall not prohibit the delivery by a licensee to consumers,
pursuant to sales made at the place of business of said licensee.

5. No licensee shall employ any canvasser or solicitor for the purpose
of receiving an order from a consumer for any liquor and/or wine at the
residence or place of business of such consumer, nor shall any licensee
receive or accept any order, for the sale of any liquor and/or wine,
which shall be solicited at the residence or place of business of a
consumer. This subdivision shall not prohibit the solicitation by a
wholesaler of an order from any licensee at the licensed premises of
such licensee.

6. No alcoholic beverage shall be released for delivery from any
warehouse located within the state, except upon a permit having first
been obtained as provided by this chapter. Applications for such permits
may be filed at the office of the liquor authority in New York, Albany
or Buffalo, whichever is nearest to the location of the warehouse, and
shall be upon a form to be prepared by the liquor authority. This
provision shall not apply to alcoholic beverages, which are to be
released for shipment outside of the state.

7. Each person owning or operating any warehouse located within the
state shall keep and maintain as part of his permanent records, treasury
department forms fifty-two and fifty-two-a as heretofore required by the
United States government.

8. No alcoholic beverage retail licensee shall sell cannabis, as
defined in section three of the cannabis law, nor have or possess a
license or permit to sell cannabis, on the same premises where alcoholic
beverages are sold.