New York Alcoholic Beverage Control Law Article 8 - GENERAL PROVISIONS
- 100 - Alcoholic Beverages Generally.
1. No person shall manufacture for sale or sell at wholesale or retail any alcoholic beverage within the state without obtaining the appropriate license therefor...
- 101 - Manufacturers and Wholesalers Not to Be Interested in Retail Places.
1. It shall be unlawful for a manufacturer or wholesaler licensed under this chapter to (a) Be interested directly or indirectly in any premises where...
- 101-Aa - Terms of Sale.
1. As used in this section: a. "Credit period" means a period beginning on the date alcoholic beverages are delivered and ending thirty days thereafter....
- 101-Aaa - Terms of Sale; Beer or Wine Products.
1. As used in this section: a. "Credit period" means the following: (1) A period beginning on Thursday, January first, two thousand four and ending...
- 101-b - Unlawful Discriminations Prohibited; Filing of Schedules; Schedule Listing Fund.
1. It is the declared policy of the state that it is necessary to regulate and control the manufacture, sale, and distribution within the state...
- 102 - General Prohibitions and Restrictions.
1. (a) Except as provided in section seventy-nine-c of this chapter, no alcoholic beverages shall be shipped into the state unless the same shall be...
- 103 - Provisions Governing Manufacturers.
1. No manufacturer shall sell, or agree to sell or deliver in the state any liquors and/or wines, as the case may be, in any...
- 104 - Provisions Governing Wholesalers.
1. (a) No wholesaler shall be engaged in any other business on the premises to be licensed; except that nothing contained in this chapter shall:...
- 104-a - Provisions Governing Vendors.
1. No sign, of any kind, printed, painted, or electric, advertising any brand of beer shall be permitted on the exterior or interior of such...
- 105 - Provisions Governing Licensees to Sell At Retail for Consumption Off the Premises.
1. No retail license to sell liquors and/or wines for consumption off the premises shall be granted for any premises, unless the applicant shall be...
- 105-a - Sale of Beer At Retail on Sunday.
1. No person, firm or corporation holding any license or permit issued under this chapter shall sell, offer for sale or give away beer at...
- 105-b - Posting of Certain Signs.
1. The authority shall prepare, have printed and distribute across the state to all persons with a license to sell any alcoholic beverage for consumption...
- 106 - Provisions Governing Licensees to Sell At Retail for Consumption on the Premises.
1. No retail license for on-premises consumption shall be granted for any premises, unless the applicant shall be the owner thereof, or shall be in...
- 106-a - Notice of Arrest and Convictions.
1. When an arrest for gambling activity, illicit drug activity, prostitution activity, or for a breach of the peace or for a crime of a...
- 106-b - Provisions for Governing Sports Facilities Operators and Retail Licenses to Sell At Certain Sporting Events for Consumption on Premises.
* 1. (a) Every person who operates a facility for the performance of a sporting event during which alcoholic beverages are sold or otherwise furnished...
- 107 - Advertising and Forms of Notices of the Issuance of Licenses.
Every person procuring a license hereunder must publish a notice thereof as herein provided: 1. Where the licensed premises are located in any county other...
- 107-a - Labeling Containers of Alcoholic Beverages.
1. The liquor authority is hereby authorized to promulgate rules and regulations governing the labeling and offering of alcoholic beverages bottled, packaged, sold or possessed...
- 108 - Restrictions Upon Licensees.
* 1. No licensee except the holder of a license to manufacture alcoholic beverages shall keep or permit to be kept or consumed on the...
- 109 - Renewals of Licenses and Permits.
1. Each license and permit, except a temporary permit effective for one day only, issued pursuant to this chapter may be renewed upon application therefor...
- 110 - Information to Be Requested in Applications for Licenses or Permits.
1. The following shall be the information required on an application for a license or permit: (a) A statement of identity as follows: (i) If...
- 110-a - Notice of Application for Certain Licenses to Be Published by Applicant.
1. Every person applying for a license to sell alcoholic beverages pursuant to subdivision four of section fifty-one, or section fifty-five, sixty-four, sixty-four-a, sixty-four-c, eighty-one...
- 110-b - Notification to Municipalities.
1. Not less than thirty days before filing any of the following applications, an applicant shall notify the municipality in which the premises is located...
- 111 - License to Be Confined to Premises Licensed.
A license issued to any person, pursuant to chapter one hundred eighty of the laws of nineteen hundred thirty-three or this chapter, for any licensed...
- 112 - Bonds of Licensees and Permittees.
The liquor authority may require the licensees and permittees of one or more of the kinds or classes described in this chapter to file with...
- 113 - Premises for Which No License Shall Be Granted.
1. Where a license for any premises licensed has been revoked, the liquor authority in its discretion may refuse to issue a license under this...
- 114 - Licenses, Publication, General Provisions.
1. All licenses issued pursuant to this chapter shall be distinctive in color and design so as to be readily distinguishable from each other. 2....
- 114-a - License or Permit Issuance and Registration Approval.
No license or permit shall be issued and no registration approved pursuant to this chapter until such time as any check or draft submitted for...
- 115 - Rules Need Not Be Uniform.
Whenever in this chapter the liquor authority is authorized to adopt rules in respect to a particular subject or matter, such rules need not be...
- 116 - Deliveries of Alcoholic Beverages.
No alcoholic beverage shall be transported within this state by any vehicle unless such vehicle is owned and operated, or hired and operated by a...
- 117 - Transportation of Alcoholic Beverages.
No common carrier or person operating a transportation facility in this state, other than the United States government, shall receive for transportation or delivery within...
- 117-a - Unlimited Drink Offerings Prohibited.
1. No licensee, acting individually or in conjunction with one or more licensees, shall: (a) offer, sell, serve, or deliver to any person or persons...
- 117-b - Possession or Use of Alcohol Vaporizing Devices Prohibited.
1. For purposes of this section, "alcohol vaporizing device" means any device, machine or process which mixes spirits, liquor or other alcohol product with pure...
- 118 - Revocation of Licenses for Cause.
1. Any license or permit issued pursuant to this chapter may be revoked, cancelled, suspended and/or subjected to the imposition of a civil penalty for...
- 119 - Procedure for Revocation or Cancellation.
1. Any license or permit issued by the liquor authority pursuant to chapter one hundred eighty of the laws of nineteen hundred thirty-three or this...
- 120 - Decisions by Liquor Authority.
A decision upon any application or hearing submitted to or held by the liquor authority shall be rendered within thirty days after such submission or
- 120-a - Corporate Change; Hearing on Application.
Upon the disapproval by the authority of an application for a corporate change in the stockholders, stockholdings, officers or directors the liquor authority shall provide...
- 121 - Review by Courts.
The following actions by the liquor authority shall be subject to review by the supreme court in the manner provided in article seventy-eight of the...
- 122 - Continuance of Business by Receiver or Other Representative.
If a corporation or copartnership holding any license or holding a permit for which an annual fee of one hundred dollars or more is prescribed...
- 123 - Injunction for Unlawful Manufacturing, Sale or Consumption of Liquor, Wine or Beer.
1. (a) If any person shall engage or participate or be about to engage or participate in the manufacturing or sale of liquor, wine or...
- 124 - Liquor Authority to Be Necessary Party to Certain Proceedings.
The state liquor authority shall be made a party to all actions and proceedings affecting in any manner the submission of the local option questions...
- 125 - Disposition of Moneys Received for License Fees.
The moneys received for license fees provided for in this chapter shall be turned over by the liquor authority to the state comptroller. It shall...
- 126 - Persons Forbidden to Traffic in Alcoholic Beverages.
The following are forbidden to traffic in alcoholic beverages: 1. Except as provided in subdivision one-a of this section, a person who has been convicted...
- 127 - Surrender and Cancellation of Licenses; Payment of Refunds; Notice to Police Officials.
1. If a person holding a license to traffic in alcoholic beverages under the provisions of this chapter, against whom no complaint, prosecution or action...
- 127-a - Surrender and Cancellation of Permits; Payment of Refunds; Notice to Police Officials.
The procedure prescribed by the provisions of section one hundred twenty-seven of this chapter shall be applicable to permits issued pursuant to this chapter. Notwithstanding...
- 127-b - Payment of Refunds on Special Permits and Notice to Police Officers.
Where a special permit to remain open until three antemeridian has been issued under subdivision two of section ninety-nine of this chapter, in a county...
- 127-c - Refunds on Licenses and Permits Erroneously or Unlawfully Cancelled, Revoked or Suspended.
If a license or permit issued under this chapter is cancelled, revoked or suspended and thereafter the action of the state liquor authority effecting such...
- 127-d - Refunds on Over-Payment of Fees; Permit Not Issued.
Monies heretofore or hereafter received by the authority pursuant to this chapter may, within three years from the receipt thereof, be refunded to the applicant...
- 128 - Certain Officials Not to Be Interested in Manufacture or Sale of Alcoholic Beverages.
1. Except as otherwise provided in section one hundred twenty-eight-a and section one hundred twenty-eight-b of this article, it shall be unlawful for any police...
- 128-a - Police Officers Allowed to Work in Licensed Premises in Certain Cases.
Notwithstanding any inconsistent provision of law to the contrary, the authority shall promulgate such rules and regulations as may be necessary to provide that it...
- 128-b - Police Officers Allowed to Serve As an Officer of a Volunteer Firefighters' Organization.
Notwithstanding any inconsistent provision of law to the contrary, a volunteer firefighters' organization shall not be precluded from applying for an on-premises license or permit...
- 129 - Surrender of License; Notice to Police Officials.
Within three days after a license shall have been revoked pursuant to this chapter, notice thereof shall be given to the licensee by mailing such...
- 130 - Penalties for Violations of Chapter.
1. Any person who manufactures for sale or sells alcoholic beverages, other than the illicit alcoholic beverages as defined in section one hundred fifty, without...
- 131 - New York Alcoholic Beverage Control Problem Premises Task Force.
1. There is hereby created within the authority the New York alcoholic beverage control problem premises task force (hereinafter "task force"), which shall consist of...
Last modified: February 3, 2019