This text of New York § 81 (License to sell wine at retail for consumption on the premises) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 81. License to sell wine at retail for consumption on the premises.\n1. The procedure set forth in section sixty-four hereof shall apply so\nfar as applicable to applications for licenses to sell wine at retail\nfor consumption on the premises, except as provided in subdivision two\nof this section.\n 2. No such license shall be issued to any person for any premises\nother than premises for which a license may be issued under section\nsixty-four of this chapter or a hotel or premises which are kept, used,\nmaintained, advertised or held out to the public to be a place where\nfood is prepared and served for consumption on the premises in such\nquantities as to satisfy the liquor authority that the sale of wine\nintended is incidental to and not the prime source of revenue from the\nop
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§ 81. License to sell wine at retail for consumption on the premises.\n1. The procedure set forth in section sixty-four hereof shall apply so\nfar as applicable to applications for licenses to sell wine at retail\nfor consumption on the premises, except as provided in subdivision two\nof this section.\n 2. No such license shall be issued to any person for any premises\nother than premises for which a license may be issued under section\nsixty-four of this chapter or a hotel or premises which are kept, used,\nmaintained, advertised or held out to the public to be a place where\nfood is prepared and served for consumption on the premises in such\nquantities as to satisfy the liquor authority that the sale of wine\nintended is incidental to and not the prime source of revenue from the\noperation of such premises. Such license may also include such suitable\nspace outside the licensed premises and adjoining it as may be approved\nby the liquor authority.\n 3. Such license shall in form and in substance be a license to the\nperson specifically licensed to sell wine at retail, to be consumed upon\nthe premises. Such license shall also be deemed to include a license to\nsell beer, soju and shochu at retail to be consumed under the same terms\nand conditions without the payment of any additional fee. For the\npurposes of this subdivision:\n (a) "soju" shall mean an imported Korean alcoholic beverage that\ncontains not more than twenty-four per centum alcohol, by volume, and is\nderived from agricultural products.\n (b) "shochu" shall mean an imported Japanese alcoholic beverage that\ncontains not more than twenty-four per centum alcohol, by volume, and is\nderived from agricultural products.\n 4. A restaurant licensed to sell wine under this section may permit a\npatron to remove one unsealed bottle of wine for off-premises\nconsumption provided that the patron has purchased a full course meal\nand consumed a portion of the bottle of wine with such meal on the\nrestaurant premises. For the purposes of this subdivision the term "full\ncourse meal" shall mean a diversified selection of food which is\nordinarily consumed with the use of tableware and cannot conveniently be\nconsumed while standing or walking. A partially consumed bottle of wine\nthat is to be removed from the premises pursuant to this subdivision\nshall be securely sealed by the licensee or an agent of the licensee\nprior to removal from the premises, in a bag such that it is visibly\napparent that such resealed bottle of wine has not been tampered with.\nSuch licensee or agent of the licensee shall provide a dated receipt for\nthe bottle of wine to the patron.\n