Title ABC, Alcoholic Beverage Control

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

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

§ 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\nplaces. 1. It shall be unlawful for a manufacturer or wholesaler\nlicensed under this chapter to\n (a) Be interested directly or indirectly in any premises where any\nalcoholic beverage is sold at retail; or in…

§ 101-aa. Terms of sale. 1. As used in this section:\n a. "Credit period" means a period beginning on the date alcoholic\nbeverages are delivered and ending thirty days thereafter.\n b. "payment period" means the period beginning on the date alcoholic\nbeverages are delivered an…

§ 101-aaa. Terms of sale; beer or wine products. 1. As used in this\nsection:\n a. "Credit period" means the following:\n (1) A period beginning on Thursday, January first, two thousand four\nand ending on Sunday, January eighteenth, two thousand four; and\n (2) A period beginni…

§ 101-b. Unlawful discriminations prohibited; filing of schedules;\nschedule listing fund. 1. It is the declared policy of the state that it\nis necessary to regulate and control the manufacture, sale, and\ndistribution within the state of alcoholic beverages for the purpose of\…

§ 102. General prohibitions and restrictions. 1. (a) Except as\nprovided in section seventy-nine-c of this chapter, no alcoholic\nbeverages shall be shipped into the state unless the same shall be\nconsigned to a person duly licensed hereunder to traffic in alcoholic\nbeverages.…

§ 103. Provisions governing manufacturers. 1. No manufacturer shall\nsell, or agree to sell or deliver in the state any liquors and/or wines,\nas the case may be, in any cask, barrel, keg, hogshead or other\ncontainer, except in sealed containers containing quantities in\naccord…

§ 104. Provisions governing wholesalers. 1. (a) No wholesaler shall\nbe engaged in any other business on the premises to be licensed; except\nthat nothing contained in this chapter shall: (1) prohibit a beer\nwholesaler from (i) acquiring, storing or selling non-alcoholic snack\…

§ 104-a. Provisions governing vendors. 1. No sign, of any kind,\nprinted, painted, or electric, advertising any brand of beer shall be\npermitted on the exterior or interior of such premises, except by\npermission of the liquor authority.\n 2. No vendor shall transport beer in a…

§ 105. Provisions governing licensees to sell at retail for\nconsumption off the premises. 1. No retail license to sell liquors\nand/or wines for consumption off the premises shall be granted for any\npremises, unless the applicant shall be the owner thereof, or shall be\nin pos…

§ 105-b. Posting of certain signs. 1. The authority shall prepare,\nhave printed and distribute across the state to all persons with a\nlicense to sell any alcoholic beverage for consumption on the premises\nor a license to sell any alcoholic beverage for consumption off the\npr…

§ 106. Provisions governing licensees to sell at retail for\nconsumption on the premises. 1. No retail license for on-premises\nconsumption shall be granted for any premises, unless the applicant\nshall be the owner thereof, or shall be in possession of said premises\nunder a le…

§ 106-a. Notice of arrest and convictions. 1. When an arrest for\ngambling activity, illicit drug activity, prostitution activity, or for\na breach of the peace or for a crime of a violent nature, or for a crime\nof weapons possession occurs or where the activity or crime has ta…

* § 106-b. Provisions for governing sports facilities operators and\nretail licenses to sell at certain sporting events for consumption on\npremises. 1. (a) Every person who operates a facility for the\nperformance of a sporting event during which alcoholic beverages are\nsold o…

§ 107. Advertising and forms of notices of the issuance of licenses.\nEvery person procuring a license hereunder must publish a notice thereof\nas herein provided:\n 1. Where the licensed premises are located in any county other than\nNew York, Kings, Queens or Bronx, notice sha…

§ 107-a. Labeling containers of alcoholic beverages. 1. The liquor\nauthority is hereby authorized to promulgate rules and regulations\ngoverning the labeling and offering of alcoholic beverages bottled,\npackaged, sold or possessed for sale within this state.\n Such regulations…

§ 108. Restrictions upon licensees. 1. No licensee except the holder\nof a license to manufacture alcoholic beverages shall keep or permit to\nbe kept or consumed on the licensed premises any alcoholic beverage\nexcept the alcoholic beverages which he is permitted to sell under …

§ 109. Renewals of licenses and permits. 1. Each license and permit,\nexcept a temporary permit effective for one day only, issued pursuant to\nthis chapter may be renewed upon application therefor by the licensee or\npermittee and the payment of the annual fee for such license …

§ 11. Appointment of authority. The members of the authority shall be\nappointed by the governor by and with the advice and consent of the\nsenate. Not more than two members of the authority shall belong to the\nsame political party. The chairman of the state alcoholic beverage\…

§ 110. Information to be requested in applications for licenses or\npermits. 1. The following shall be the information required on an\napplication for a license or permit:\n (a) A statement of identity as follows:\n (i) If the applicant is an individual, his name, date and place…

§ 110-a. Notice of application for certain licenses to be published by\napplicant. 1. Every person applying for a license to sell alcoholic\nbeverages pursuant to subdivision four of section fifty-one, or section\nfifty-five, sixty-four, sixty-four-a, sixty-four-c, eighty-one or…

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

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

§ 111. License to be confined to premises licensed. A license issued\nto any person, pursuant to chapter one hundred eighty of the laws of\nnineteen hundred thirty-three or this chapter, for any licensed premises\nshall not be transferable to any other person or to any other pre…

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

§ 112. Bonds of licensees and permittees. The liquor authority may\nrequire the licensees and permittees of one or more of the kinds or\nclasses described in this chapter to file with it a bond to the people\nof the state of New York issued by a surety company, approved by the\n…

§ 113. Premises for which no license shall be granted. 1. Where a\nlicense for any premises licensed has been revoked, the liquor authority\nin its discretion may refuse to issue a license under this chapter, for\na period of two years after such revocation, for such licensed pr…

§ 114. Licenses, publication, general provisions. 1. All licenses\nissued pursuant to this chapter shall be distinctive in color and design\nso as to be readily distinguishable from each other.\n 2. No license shall be transferable or assignable except that\nnotwithstanding any …

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

§ 115. Rules need not be uniform. Whenever in this chapter the liquor\nauthority is authorized to adopt rules in respect to a particular\nsubject or matter, such rules need not be uniform in their application\nto the various localities within the jurisdiction of such authority, …

§ 116. Deliveries of alcoholic beverages. No alcoholic beverage shall\nbe transported within this state by any vehicle unless such vehicle is\nowned and operated, or hired and operated by a licensee and unless there\nshall be attached to or inscribed upon both sides of such vehi…

§ 117. Transportation of alcoholic beverages. No common carrier or\nperson operating a transportation facility in this state, other than the\nUnited States government, shall receive for transportation or delivery\nwithin the state any alcoholic beverages unless the shipment is\n…

§ 117-a. Unlimited drink offerings prohibited. 1. No licensee, acting\nindividually or in conjunction with one or more licensees, shall:\n (a) offer, sell, serve, or deliver to any person or persons an\nunlimited number of drinks during any set period of time for a fixed\nprice.…

§ 117-b. Possession or use of alcohol vaporizing devices prohibited.\n1. For purposes of this section, "alcohol vaporizing device" means any\ndevice, machine or process which mixes spirits, liquor or other alcohol\nproduct with pure oxygen or other gas to produce a vaporized pro…

§ 118. Revocation of licenses for cause. 1. Any license or permit\nissued pursuant to this chapter may be revoked, cancelled, suspended\nand/or subjected to the imposition of a civil penalty for cause, and\nmust be revoked for the following causes:\n (a) Conviction of the licens…

§ 119. Procedure for revocation or cancellation. 1. Any license or\npermit issued by the liquor authority pursuant to chapter one hundred\neighty of the laws of nineteen hundred thirty-three or this chapter may\nbe revoked, cancelled or suspended and/or be subjected to the impos…

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

§ 120. Decisions by liquor authority. A decision upon any application\nor hearing submitted to or held by the liquor authority shall be\nrendered within thirty days after such submission or hearing.\n

§ 120-a. Corporate change; hearing on application. Upon the\ndisapproval by the authority of an application for a corporate change in\nthe stockholders, stockholdings, officers or directors the liquor\nauthority shall provide for a hearing at which the applicant may produce\nany…

§ 121. Review by courts. The following actions by the liquor authority\nshall be subject to review by the supreme court in the manner provided\nin article seventy-eight of the civil practice law and rules provided\nthat no stay shall be granted pending the determination of the m…

§ 122. Continuance of business by receiver or other representative.\nIf a corporation or copartnership holding any license or holding a\npermit for which an annual fee of one hundred dollars or more is\nprescribed by this chapter shall be dissolved, or if a receiver or\nassignee…

§ 123. Injunction for unlawful manufacturing, sale or consumption of\nliquor, wine or beer. 1. (a) If any person shall engage or participate\nor be about to engage or participate in the manufacturing or sale of\nliquor, wine or beer in this state without obtaining the appropriat…

§ 124. Liquor authority to be necessary party to certain proceedings.\nThe state liquor authority shall be made a party to all actions and\nproceedings affecting in any manner the submission of the local option\nquestions provided for in this chapter, or the result of any vote\n…

§ 125. Disposition of moneys received for license fees. The moneys\nreceived for license fees provided for in this chapter shall be turned\nover by the liquor authority to the state comptroller. It shall be\nplaced by the state comptroller in the fund derived from the proceeds o…

§ 126. Persons forbidden to traffic in alcoholic beverages. The\nfollowing are forbidden to traffic in alcoholic beverages:\n 1. Except as provided in subdivision one-a of this section, a person\nwho has been convicted of a felony or any of the misdemeanors mentioned\nin section…

§ 127. Surrender and cancellation of licenses; payment of refunds;\nnotice to police officials. 1. If a person holding a license to traffic\nin alcoholic beverages under the provisions of this chapter, against\nwhom no complaint, prosecution or action is pending on account of an…

§ 127-a. Surrender and cancellation of permits; payment of refunds;\nnotice to police officials. The procedure prescribed by the provisions\nof section one hundred twenty-seven of this chapter shall be applicable\nto permits issued pursuant to this chapter. Notwithstanding anyth…

§ 127-b. Payment of refunds on special permits and notice to police\nofficers. Where a special permit to remain open until three\nantemeridian has been issued under subdivision two of section\nninety-nine of this chapter, in a county where a regulation of a local\nboard further …