Legislation

Search OpenLegislation Statutes
This entry was published on 2020-03-06
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 63
Seven day license to sell liquor at retail for consumption off the premises
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 5
§ 63. Seven day license to sell liquor at retail for consumption off
the premises. 1. Any person may make an application to the appropriate
board for a seven day license to sell liquor at retail not to be
consumed upon the premises where sold. Such application shall be in such
form and shall contain such information as shall be required by the
rules of the liquor authority and shall be accompanied by a check or
draft in the amount required by this article for such license.

1-a. The liquor authority shall convert all current licenses to sell
liquor at retail for consumption off the premises to seven day licenses
to sell liquor at retail for consumption off the premises pursuant to
subdivision four of section sixty of this article.

2. Section fifty-four shall control so far as is applicable the
procedure in connection with such applications.

3. Such license shall in form and in substance be a license to the
person specifically designated therein to sell liquor in the premises
specifically licensed at retail for off-premise consumption and shall
also include the privilege to sell wine under the same terms and
conditions without the payment of any additional fee.

4. No licensee under this section shall be engaged in any other
business on the licensed premises. The sale of lottery tickets, when
duly authorized and lawfully conducted, the sale of reusable bags as
defined in section 27-2801 of the environmental conservation law, the
sale of corkscrews or the sale of ice or the sale of publications,
including prerecorded video and/or audio cassette tapes, or educational
seminars, designed to help educate consumers in their knowledge and
appreciation of alcoholic beverages, as defined in section three of this
chapter and allowed pursuant to their license, or the sale of
non-carbonated, non-flavored mineral waters, spring waters and drinking
waters or the sale of glasses designed for the consumption of wine,
racks designed for the storage of wine, and devices designed to minimize
oxidation in bottles of wine which have been uncorked, or the sale of
gift bags, gift boxes, or wrapping, for alcoholic beverages purchased at
the licensed premises shall not constitute engaging in another business
within the meaning of this subdivision. Any fee obtained from the sale
of an educational seminar shall not be considered as a fee for any
tasting that may be offered during an educational seminar, provided that
such tastings are available to persons who have not paid to attend the
seminar and all tastings are conducted in accordance with section
sixty-three-a of this article.

5. Not more than one license shall be granted to any person under this
section.

6. Determinations under this section with respect to the issuance of a
new license or under section one hundred eleven with respect to the
transfer to any other premises of a license issued hereunder, shall be
made in accordance with public convenience and advantage.