100 - Alcoholic Beverages Generally.

NY Alcoh Bev Ctrl L § 100 (2019) (N/A)
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(a) the parents or lawful guardian of such person expressly consent in writing to such appearance;

(b) the appearance is for a special function, occasion, or event;

(c) the appearance is approved by and made under the sponsorship of a primary or secondary school;

(d) the appearance takes place in the presence and under the direct supervision of a teacher of such school; and

(e) the appearance does not take place in a tavern. Failure to restrain such a person from so appearing shall be deemed to constitute permission. 3. Nothing contained in this chapter shall be construed to require that any food be sold or purchased with or in order to obtain any alcoholic beverage for consumption on the premises where sold. 4. Alcoholic beverages may be sold to be consumed on the premises at a bar, counter or similar contrivance. Only one such bar, counter or contrivance shall be permitted in any licensed premises, except that not more than two additional bars, counters or contrivances may be permitted by the liquor authority for good cause shown to it, and upon the payment to it of a fee, for each additional bar, equivalent to the amount of the annual license fee paid by the licensee or, in the case of an additional bar, counter or contrivance operated on a seasonal basis, a fee equivalent to the amount of the annual license fee paid by the licensee prorated for the number of months that the seasonal bar is in operation. Provided however that:

(a) if the licensed premises is a legitimate theatre or concert hall, or contiguous to and used in conjunction with a legitimate theatre or concert hall, additional bars, counters or contrivances may be permitted by the liquor authority upon payment to it of an annual fee of one hundred dollars for each such additional bar, counter or contrivance so permitted, in addition to the annual license fee paid by such licensee;

(b) if such licensed premises be located at a baseball park, race track, or either outdoor or indoor athletic field, facility, arena or stadium, additional bars, counters or contrivances where beer shall be sold at retail for consumption on the premises may be permitted by the liquor authority, upon payment to it of the annual fee of thirty dollars for each such additional bar, counter or contrivance so permitted, in addition to the amount of the annual license fee paid by the licensee; and

(c) temporary portable bars, counters or contrivances shall be permitted in a ballroom, meeting room or private dining-room on the licensed premises of a hotel, restaurant or club during such time as said ballroom, meeting room or private dining-room is used for a private dinner, entertainment, meeting or similar affair to which members of the general public are not admitted. 4-a. At race meetings, authorized by the state racing commission, notwithstanding any inconsistent provision of law, additional bars, counters or contrivances where alcoholic beverages shall be sold at retail for consumption on the premises may be permitted by the liquor authority, upon payment to it of a fee equivalent to the amount of the annual or summer license fee paid by the licensee for each such additional bar, counter or contrivance so permitted in addition to the amount of the annual or summer license fee paid by the licensee. 4-b. Notwithstanding any inconsistent provision of law, for venues being operated or to be operated under a license to sell alcoholic beverages for consumption on the premises, and having a capacity for one thousand or more persons, the liquor authority may issue licenses for bars, counters, or similar contrivances in such numbers as the authority may determine in the exercise of its discretion. 5. No retail licensee for off-premises consumption shall sell, deliver or give away, or cause, permit or procure to be sold, delivered or given away any alcoholic beverage, other than as provided herein, on credit: a retail licensee for off-premises consumption, except a winery licensee, may accept third party credit cards for the sale of any alcoholic beverage for which it is licensed; a winery licensee having the right to sell wine at retail for off-premises consumption may accept third party credit cards for the sale of said beverages at the winery premises only; and any person duly authorized to sell wine at retail for consumption off the premises may sell on credit to any regularly organized church, synagogue or religious organization, wines to be used for sacramental purposes only. For purposes of this subdivision, beer and wine products that are delivered and left at the residence of a consumer without payment of the balance due thereon shall not constitute a sale on credit. 6. Notwithstanding any provision of law, rule or regulation to the contrary, a retail licensee for off-premises consumption may sell, deliver or give away, or cause, permit or procure to be sold, delivered or given away any alcoholic beverage on credit to a business or corporation, provided that the business or corporation is permitted to purchase from such retail licensee under this chapter. Such credit period shall not exceed thirty days. 7. No licensee shall sell or purchase any receipts, certificates, contracts or other documents issued for the storage of alcoholic beverages except as provided by the rules of the liquor authority. The liquor authority shall prescribe such rules for the purchase and sale of such receipts, certificates, contracts or other documents issued for the storage of alcoholic beverages which, in its opinion, will best accomplish

(1) Elimination of fraudulent and deceptive transactions;

(2) Protection of purchasers against defaults by sellers;

(3) The delivery of the alcoholic beverages represented by such receipts or documents, and

(4) The payment of all taxes due thereon to the state. 8. Within ten days after filing a new application to sell liquor at retail under section sixty-three, sixty-four, sixty-four-a or sixty-four-b of this chapter, a notice thereof, in the form prescribed by the authority, shall be posted by the applicant in a conspicuous place at the entrance to the proposed premises. The applicant shall make reasonable efforts to insure such notice shall remain posted throughout the pendency of the application. The provisions hereof shall apply only where no retail liquor license has previously been granted for the proposed premise and shall, specifically, not be applicable to a proposed sale of an existing business engaged in the retail sale of liquor. The authority may adopt such rules it may deem necessary to carry out the purpose of this subdivision.