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This entry was published on 2021-01-29
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SECTION 55
License to sell beer at retail for consumption on the premises
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 4
§ 55. License to sell beer at retail for consumption on the premises.
1. Any person may make an application to the appropriate board for a
license to sell beer at retail to be consumed upon the premises. Such
application shall be in writing and verified and shall contain such
information as the liquor authority shall require. Such application
shall be accompanied by a check or draft for the amount required by this
article for such license. All of the provisions contained in
subdivisions two and three of the preceding section shall apply to the
procedure relative to an application for a license under this section.

2. Such a license shall contain a description of the licensed premises
and in form and in substance shall be a license to the person therein
specifically designated to sell beer in the premises therein
specifically licensed, at retail, to be consumed upon such premises.
Such license shall also include the privilege of selling beer at retail
to be consumed off the premises.

3. No such license shall be issued, however, to any person for any
premises other than premises for which a license may be issued under
section sixty-four or sixty-four-a 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 beer intended is incidental to and not the prime source
of revenue from the operation of such premises. The foregoing provisions
of this subdivision shall not apply to any premises located at, in, or
on the area leased by the city of New York to New York World's Fair 1964
Corporation pursuant to the provisions of chapter four hundred
twenty-eight of the laws of nineteen hundred sixty, as amended by a
chapter of the laws of nineteen hundred sixty-one, during the term or
duration of such lease. Such license may also include such suitable
space outside of the licensed premises and adjoining it as may be
approved by the liquor authority.