§ 63 — Seven day license to sell liquor at retail for consumption off the premises

New York § 63

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 5: Special Provisions Relating to Liquor

Text

§ 63. Seven day license to sell liquor at retail for consumption off\nthe premises. 1. Any person may make an application to the appropriate\nboard for a seven day license to sell liquor at retail not to be\nconsumed upon the premises where sold. Such application shall be in such\nform and shall contain such information as shall be required by the\nrules of the liquor authority and shall be accompanied by a check or\ndraft in the amount required by this article for such license.\n 1-a. The liquor authority shall convert all current licenses to sell\nliquor at retail for consumption off the premises to seven day licenses\nto sell liquor at retail for consumption off the premises pursuant to\nsubdivision four of section sixty of this article.\n 2. Section fifty-four shall control so far as is applicable the\nprocedure in connection with such applications.\n 3. Such license shall in form and in substance be a license to the\nperson specifically designated therein to sell liquor in the premises\nspecifically licensed at retail for off-premise consumption and shall\nalso include the privilege to sell wine under the same terms and\nconditions without the payment of any additional fee.\n 4. No licensee under this section shall be engaged in any other\nbusiness on the licensed premises. The sale of lottery tickets, when\nduly authorized and lawfully conducted, the sale of reusable bags as\ndefined in section 27-2801 of the environmental conservation law, the\nsale of corkscrews or the sale of ice or the sale of publications,\nincluding prerecorded video and/or audio cassette tapes, or educational\nseminars, designed to help educate consumers in their knowledge and\nappreciation of alcoholic beverages, as defined in section three of this\nchapter and allowed pursuant to their license, or the sale of\nnon-carbonated, non-flavored mineral waters, spring waters and drinking\nwaters or the sale of glasses designed for the consumption of wine or\nliquor, racks designed for the storage of wine, and devices designed to\nminimize oxidation in bottles of wine which have been uncorked, or the\nsale of gift bags, gift boxes, associated gift or promotional items, or\nwrapping, for alcoholic beverages purchased at the licensed premises\nshall not constitute engaging in another business within the meaning of\nthis subdivision. Any fee obtained from the sale of an educational\nseminar shall not be considered as a fee for any tasting that may be\noffered during an educational seminar, provided that such tastings are\navailable to persons who have not paid to attend the seminar and all\ntastings are conducted in accordance with section sixty-three-a of this\narticle. For the purposes of this section, gift or promotional items\nshall only include those items that are complimentary and directly\nassociated with the sale of wine or liquor they are promoting and shall\nmean: (i) items that are de minimis in value, but in no instance shall\nmerchandise be valued at more than fifteen dollars in total; (ii) items\nthat are imprinted with the wine or liquor brand logo on the gift or\npromotional item; and (iii) items that are included as part of a\nmanufactured pre-sealed package with the wine or liquor that is being\ngifted or promoted. Further, for the purposes of this section,\npromotional items shall not include any food, non-alcoholic beverage, or\nother drink or food mix, nor shall these items be offered for sale to\nthe general public as individual items.\n 5. Not more than one license shall be granted to any person under this\nsection.\n 6. Determinations under this section with respect to the issuance of a\nnew license or under section one hundred eleven with respect to the\ntransfer to any other premises of a license issued hereunder, shall be\nmade in accordance with public convenience and advantage.\n