§ 102 — General prohibitions and restrictions

New York § 102

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 8: General Provisions

Text

§ 102. General prohibitions and restrictions. 1. (a) Except as\nprovided in section seventy-nine-c of this chapter, no alcoholic\nbeverages shall be shipped into the state unless the same shall be\nconsigned to a person duly licensed hereunder to traffic in alcoholic\nbeverages. This prohibition shall apply to all shipments of alcoholic\nbeverages into New York state and includes importation or distribution\nfor commercial purposes, for personal use, or otherwise, and\nirrespective of whether such alcoholic beverages were purchased within\nor without the state, provided, however, this prohibition shall not\napply to any shipment consigned to a New York resident who has\npersonally purchased alcoholic beverages for his personal use while\noutside the United States for a minimum period of forty-eight\nconsecutive hours and which he has shipped as consignor to himself as\nconsignee. Purchases made outside the United States by persons other\nthan the purchaser himself, regardless whether made as his agent, or by\nhis authorization or on his behalf, are deemed not to have been\npersonally purchased within the meaning of this paragraph.\n (b) Except as provided in section seventy-nine-c of this chapter, no\ncommon carrier or other person shall bring or carry into the state any\nalcoholic beverages, unless the same shall be consigned to a person duly\nlicensed hereunder to traffic in alcoholic beverages, provided, however,\nthat alcoholic beverages may be delivered by a trucking permittee from a\nsteamship or railroad station or terminal to a New York resident who has\npersonally purchased alcoholic beverages for his personal use while\noutside the United States for a minimum period of forty-eight\nconsecutive hours, and which he has shipped as consignor to himself as\nconsignee, and except as so stated, no trucking permittee shall accept\nfor delivery, deliver or transport from a steamship or railroad station\nor terminal any shipment of alcoholic beverages consigned to a\nnon-licensed person having his home or business in New York state.\nPurchases of alcoholic beverages made outside the United States by\npersons other than the purchaser himself, regardless whether made as his\nagent, or by his authorization or on his behalf, are deemed not to have\nbeen personally purchased within the meaning of this paragraph.\n (c) Paragraphs (a) and (b) of this subdivision shall apply to\nalcoholic beverages, either in the original package or otherwise,\nwhether intended for commercial or personal use, as well as otherwise,\nand to foreign, interstate, as well as intrastate, shipments or\ncarriage, irrespective of whether such alcoholic beverages were\npurchased within or without the state.\n (d) Nothing in this chapter shall be deemed to exempt from taxation\nthe sale or use of any alcoholic beverages subject to any tax imposed\nunder or pursuant to the authority of the tax law or to grant any other\nexemption from the provisions of such law.\n 2. No person holding any license hereunder, other than a license to\nsell an alcoholic beverage at retail for off-premises consumption or a\nlicense or special license to sell an alcoholic beverage at retail for\nconsumption on the premises where such license authorizes the sale of\nliquor, beer and/or wine on the premises of a catering establishment,\noff-premises catering establishment, hotel, restaurant, club, or\nrecreational facility, shall knowingly employ in connection with his\nbusiness in any capacity whatsoever, any person, who has been convicted\nof a felony, or any of the following offenses, who has not subsequent to\nsuch conviction received an executive pardon therefor removing any civil\ndisabilities incurred thereby, a certificate of relief from disabilities\nor a certificate of good conduct pursuant to article twenty-three of the\ncorrection law, or other relief from disabilities provided by law, or\nthe written approval of the state liquor authority permitting such\nemployment, to wit:\n (a) Illegally using, carrying or possessing a pistol or other\ndangerous weapon;\n (b) Making or possessing burglar's instruments;\n (c) Buying or receiving or criminally possessing stolen property;\n (d) Unlawful entry of a building;\n (e) Aiding escape from prison;\n (f) Unlawfully possessing or distributing habit forming narcotic\ndrugs;\n (g) Violating subdivisions six, ten or eleven of section seven hundred\ntwenty-two of the former penal law as in force and effect immediately\nprior to September first, nineteen hundred sixty-seven, or violating\nsections 165.25 or 165.30 of the penal law;\n (h) Vagrancy or prostitution; or\n (i) Ownership, operation, possession, custody or control of a still\nsubsequent to July first, nineteen hundred fifty-four.\n If, as hereinabove provided, the state liquor authority issues its\nwritten approval for the employment by a licensee, in a specified\ncapacity, of a person previously convicted of a felony or any of the\noffenses above enumerated, such person, may, unless he is subsequently\nconvicted of a felony or any of such offenses, thereafter be employed in\nthe same capacity by any other licensee without the further written\napproval of the authority unless the prior approval given by the\nauthority is terminated.\n The liquor authority may make such rules as it deems necessary to\ncarry out the purpose and intent of this subdivision.\n As used in this subdivision, "recreational facility" shall mean: (i)\npremises that are part of a facility the principal business of which\nshall be the providing of recreation in the form of golf, tennis,\nswimming, skiing or boating; and (ii) premises in which the principal\nbusiness shall be the operation of a theatre, concert hall, opera house,\nbowling establishment, excursion and sightseeing vessel, or\naccommodation of athletic events, sporting events, expositions and other\nsimilar events or occasions requiring the accommodation of large\ngatherings of persons.\n 3-a. No licensee or permittee shall purchase or agree to purchase any\nalcoholic beverages from any person within the state who is not duly\nlicensed to sell such alcoholic beverage as the case may be, at the time\nof such agreement and sale nor give any order for any alcoholic beverage\nto any individual who is not the holder of a solicitor's permit, except\nas provided for in section eighty-five or ninety-nine-g of this chapter.\n 3-b. No retail licensee shall purchase, agree to purchase or receive\nany alcoholic beverage except from a person duly licensed within the\nstate by the liquor authority to sell such alcoholic beverage at the\ntime of such agreement and sale to such retail licensee, except as\nprovided for in section eighty-five or ninety-nine-g of this chapter.\n 4. No licensee or any of his or its agents, servants or employees\nshall peddle any liquor and/or wine from house to house by means of a\ntruck or otherwise, where the sale is consummated and delivery made\nconcurrently at the residence or place of business of a consumer. This\nsubdivision shall not prohibit the delivery by a licensee to consumers,\npursuant to sales made at the place of business of said licensee.\n 5. No licensee shall employ any canvasser or solicitor for the purpose\nof receiving an order from a consumer for any liquor and/or wine at the\nresidence or place of business of such consumer, nor shall any licensee\nreceive or accept any order, for the sale of any liquor and/or wine,\nwhich shall be solicited at the residence or place of business of a\nconsumer. This subdivision shall not prohibit the solicitation by a\nwholesaler of an order from any licensee at the licensed premises of\nsuch licensee.\n 6. No alcoholic beverage shall be released for delivery from any\nwarehouse located within the state, except upon a permit having first\nbeen obtained as provided by this chapter. Applications for such permits\nmay be filed at the office of the liquor authority in New York, Albany\nor Buffalo, whichever is nearest to the location of the warehouse, and\nshall be upon a form to be prepared by the liquor authority. This\nprovision shall not apply to alcoholic beverages, which are to be\nreleased for shipment outside of the state.\n 7. Each person owning or operating any warehouse located within the\nstate shall keep and maintain as part of his permanent records, treasury\ndepartment forms fifty-two and fifty-two-a as heretofore required by the\nUnited States government.\n 8. No alcoholic beverage retail licensee shall sell cannabis, as\ndefined in section three of the cannabis law, nor have or possess a\nlicense or permit to sell cannabis, on the same premises where alcoholic\nbeverages are sold.\n