Title ABC, Alcoholic Beverage Control

§ 1. Short title. This chapter shall be known and may be cited and referred to as the "alcoholic beverage control law."

§ 10. State liquor authority. There shall continue to be in the executive department an alcoholic beverage control division, the head of which shall be the state liquor authority whose members shall consist of a chairman and two commissioners, all of whom shall be citizens and r…

§ 100. Alcoholic beverages generally. 1. No person shall manufacture\nfor sale or sell at wholesale or retail any alcoholic beverage within\nthe state without obtaining the appropriate license therefor required by\nthis chapter.\n 1-a. No person shall sell, offer for sale, or ot…

§ 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 any alcoholic beverage is sold at retail; or in any …

§ 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. b. "payment period" means the period beginning on the date alcoholic beverages are delivered and endi…

§ 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 on Sunday, January eighteenth, two thousand four; and (2) A period beginning on th…

§ 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 of alcoholic beverages for the purpose of fos…

§ 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 consigned to a person duly licensed hereunder to traffic in alcoholic beverages. Thi…

§ 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 cask, barrel, keg, hogshead or other container, except in sealed containers containing quantities in accordance…

§ 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: (1) prohibit a beer wholesaler from (i) acquiring, storing or selling non-alcoholic snack foo…

§ 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 premises, except by permission of the liquor authority. 2. No vendor shall transport beer in any ve…

§ 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 the owner thereof, or shall be in possess…

§ 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 on the premises or a license to sell any alcoholic beverage for consumption off the premis…

§ 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 possession of said premises under a lease,…

§ 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 violent nature, or for a crime of weapons possession occurs or where the activity or crime has taken…

* § 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 ot…

§ 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 than New York, Kings, Queens or Bronx, notice shall be…

§ 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 for sale within this state. Such regulations shal…

§ 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 licensed premises any alcoholic beverage except the alcoholic beverages which he is permitted to sell under 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 by the licensee or permittee and the payment of the annual fee for such license or …

§ 11. Appointment of authority. The members of the authority shall be appointed by the governor by and with the advice and consent of the senate. Not more than two members of the authority shall belong to the same political party. The chairman of the state alcoholic beverage con…

§ 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 the applicant is an individual, his name, date and place of bi…

§ 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 or ei…

§ 110-b. Notification to municipalities. 1. Not more than two hundred seventy days before filing any of the following applications, an applicant shall notify the municipality in which the premises is located of such applicant's intent to file such an application: (a) for a licen…

§ 110-c. Public license query. 1. The authority shall make available to the public all digitally archived information pertaining to any conditions it imposes on the operation of a premises licensed by the authority pursuant to this chapter, including but not necessarily limited …

§ 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 premises shall not be transferable to any other person or to any other premis…

§ 111-a. Use of contiguous and non-contiguous municipal public space for on-premises alcoholic beverage sales by certain licensees. 1. The holder of a retail on-premises license issued pursuant to sections fifty-five, sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, eighty-…

§ 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 it a bond to the people of the state of New York issued by a surety company, approved by the supe…

§ 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 chapter, for a period of two years after such revocation, for such licensed premi…

§ 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. No license shall be transferable or assignable except that notwithstanding any other…

§ 114-a. License or permit issuance and registration approval. 1. The authority upon receiving an application and appropriate payment shall, to the extent practicable, provide the applicant with a receipt within twenty-five business days. Such receipt shall include the date of a…

§ 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 uniform in their application to the various localities within the jurisdiction of such authority, but…

§ 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 licensee and unless there shall be attached to or inscribed upon both sides of such vehicle…

§ 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 the state any alcoholic beverages unless the shipment is acco…

§ 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 an unlimited number of drinks during any set period of time for a fixed price. (b) …

§ 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 oxygen or other gas to produce a vaporized produc…

§ 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 cause, and must be revoked for the following causes: (a) Conviction of the licensee, p…

§ 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 chapter may be revoked, cancelled or suspended and/or be subjected to the impositi…

§ 12. Expenses. Each member of the authority shall be entitled to his expenses actually and necessarily incurred by him in the performance of his duties.

§ 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 hearing.

§ 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 for a hearing at which the applicant may produce any evi…

§ 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 civil practice law and rules provided that no stay shall be granted pending the determination of the matt…

§ 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 by this chapter shall be dissolved, or if a receiver or assignee for…

§ 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 beer in this state without obtaining the appropriate l…

§ 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 provided for in this chapter, or the result of any vote ther…

§ 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 be placed by the state comptroller in the fund derived from the proceeds of t…

§ 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 of a felony or any of the misdemeanors mentioned in section elev…

§ 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 is pending on account of any v…

§ 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 anything…

§ 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 where a regulation of a local board further rest…