New York State Law

Alcoholic Beverage Control Law

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Article 8 - Alcoholic Beverage Control Law

GENERAL PROVISIONS

Section Description
100Alcoholic beverages generally.
101Manufacturers and wholesalers not to be interested in retail places.
101-AATerms of sale.
101-AAATerms of sale; beer or wine products.
101-BUnlawful discriminations prohibited; filing of schedules; schedule listing fund.
102General prohibitions and restrictions.
103Provisions governing manufacturers.
104Provisions governing wholesalers.
104-AProvisions governing vendors.
105Provisions governing licensees to sell at retail for consumption off the premises.
105-ASale of beer at retail on Sunday.
105-BPosting of certain signs.
106Provisions governing licensees to sell at retail for consumption on the premises.
106-ANotice of arrest and convictions.
106-BProvisions for governing sports facilities operators and retail licenses to sell at certain sporting events for consumption on premises.Exp: 7/1/1993
107Advertising and forms of notices of the issuance of licenses.
107-ALabeling containers of alcoholic beverages.
108Restrictions upon licensees.
109Renewals of licenses and permits.
110Information to be requested in applications for licenses or permits.
110-ANotice of application for certain licenses to be published by applicant.
110-BNotification to municipalities.
111License to be confined to premises licensed.
112Bonds of licensees and permittees.
113Premises for which no license shall be granted.
114Licenses, publication, general provisions.
114-ALicense or permit issuance and registration approval.
115Rules need not be uniform.
116Deliveries of alcoholic beverages.
117Transportation of alcoholic beverages.
117-AUnlimited drink offerings prohibited.
117-BPossession or use of alcohol vaporizing devices prohibited.
118Revocation of licenses for cause.
119Procedure for revocation or cancellation.
120Decisions by liquor authority.
120-ACorporate change; hearing on application.
121Review by courts.
122Continuance of business by receiver or other representative.
123Injunction for unlawful manufacturing, sale or consumption of liquor, wine or beer.
124Liquor authority to be necessary party to certain proceedings.
125Disposition of moneys received for license fees.
126Persons forbidden to traffic in alcoholic beverages.
127Surrender and cancellation of licenses; payment of refunds; notice to police officials.
127-ASurrender and cancellation of permits; payment of refunds; notice to police officials.
127-BPayment of refunds on special permits and notice to police officers.
127-CRefunds on licenses and permits erroneously or unlawfully canceled, revoked or suspended.
127-DRefunds on over-payment of fees; permit not issued.
128Certain officials not to be interested in manufacture or sale of alcoholic beverages.
128-APolice officers allowed to work in licensed premises in certain cases.
128-BPolice officers allowed to serve as an officer of a volunteer firefighters' organization.
129Surrender of license; notice to police officials.
130Penalties for violations of chapter.
131New York alcoholic beverage control problem premises task force.
S 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 required by
  this chapter.
    2.  No  manufacturer and no wholesaler shall sell, or agree to sell or
  deliver in this state any alcoholic beverage for the purposes of  resale
  to  any person who is not duly licensed pursuant to this chapter to sell
  such beverages, at wholesale or retail, as the case may be, at the  time
  of such agreement and sale.
    2-a.  No  retailer  shall  employ,  or permit to be employed, or shall
  suffer to work, on any premises licensed for retail sale hereunder,  any
  person  under the age of eighteen years, as a hostess, waitress, waiter,
  or in any other capacity where the duties  of  such  person  require  or
  permit  such  person  to  sell,  dispense or handle alcoholic beverages;
  except that: (1) any person under the age of eighteen years and employed
  by any person holding a grocery or drug  store  beer  license  shall  be
  permitted  to  handle  and  deliver  beer  and  wine  products  for such
  licensee, (2) any person under the age of eighteen employed as a cashier
  by a person holding a grocery  or  drug  store  beer  license  shall  be
  permitted  to record and receive payment for beer and wine product sales
  when in the presence of and under the direct  supervision  of  a  person
  eighteen  years  of  age  or  over,  (2-a)  any  person under the age of
  eighteen years and employed by a person holding a grocery store or  drug
  store beer license as either a cashier or in any other position to which
  handling  of  containers  which  may  have  held  alcoholic beverages is
  necessary, shall be permitted to handle the containers if such have been
  presented for redemption in accordance with the provisions of title  ten
  of  article  twenty-seven of the environmental conservation law, and (3)
  any person under the age of eighteen years  employed  as  a  dishwasher,
  busboy,  or other such position as to which handling of containers which
  may have held alcoholic beverages is necessary shall be permitted to  do
  so  under  the  direct  supervision of a person of legal age to purchase
  alcoholic beverages in the state.
    2-b. Subject to  the  provisions  of  section  ninety-nine-f  of  this
  chapter  no retailer shall permit or suffer to appear as an entertainer,
  on any premises licensed for retail sale hereunder, any person under the
  age of eighteen years, except that a person under the  age  of  eighteen
  years may appear as such entertainer, provided that:
    (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 and except that 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 and except that
  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 maybe 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  except that 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.  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.
    7.  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.

S 101. Manufacturers and wholesalers not to be interested in retail places.

S 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 ending on the thirtieth day following the
  date on which alcoholic beverages are delivered.
    c. "Final payment date" means the last day of a payment period.
    d. "Notification date" means, notwithstanding section  twenty-five  of
  the general construction law, for deliveries on:
    (i) Monday, the Monday immediately following a final payment date;
    (ii)  Tuesday,  the  Tuesday  immediately  following the final payment
  date;
    (iii) Wednesday, the Wednesday immediately following the final payment
  date;
    (iv) Thursday, the Thursday immediately following  the  final  payment
  date;
    (v) Friday, the Friday immediately following the final payment date.
    e.  "Retail  licensee"  means  a person licensed to sell liquor and/or
  wine at retail for on-premise consumption or for off-premise consumption
  (including a person holding a permit granted by the  authority  pursuant
  to subdivision six of section sixty-four of this chapter).
    f. "Cash" means and includes currency and coin of the United States of
  America,  certified  check, money order, electronic funds transfer, bank
  officer's check or draft, or a check drawn on the account of the  retail
  licensee  payable  to  the manufacturer or wholesaler and dated no later
  than the date of delivery  of  the  alcoholic  beverages  and  which  is
  honored  upon  presentment  for  payment, provided, however, that if any
  check or other instrument described herein tendered by a retail licensee
  on the delinquent list is not honored upon presentment for payment,  the
  license  of  such  retail  licensee  may  be suspended for not more than
  fifteen days for the first offense, and not more than sixty days  for  a
  subsequent  offense,  which  penalty shall be in addition to the penalty
  provided for by the provisions of subdivision six of this  section,  and
  provided   further,  that  nothing  herein  contained  shall  require  a
  manufacturer or wholesaler to accept a check tendered by or drawn on the
  account of a retail licensee on the delinquent list unless the same  has
  been certified.
    2.  No  manufacturer  or  wholesaler licensed under this chapter shall
  sell or deliver any liquor or wine to  any  retail  licensee  except  as
  provided for in this section:
    (a) for cash to be paid at the time of delivery; or
    (b)  on  terms  requiring  payment  by  such  retail licensee for such
  alcoholic beverages on or before the final payment date  of  the  credit
  period for which delivery is made.
    3.  Each  such  manufacturer  and wholesaler is hereby required, on or
  before the respective notification dates for  each  retail  license,  to
  give  written  notice  of  default,  by  first  class  mail, to all such
  licensees therein who have failed to make payment to him or  her  on  or
  before  their  final  payment  date  for  alcoholic  beverages  sold  or
  delivered to them during a credit period ending on their  final  payment
  date.  No  retail  licensee shall be placed in default if the wholesaler
  has issued an account credit to the licensee, which after application to
  all debts owed by the retail licensee, is equal to or greater  than  the
  amount  of  the  default. Any such retail licensee receiving such notice
  shall not thereafter purchase alcoholic beverages except for cash  until
  such  time as the authority determines that his or her name shall not be
  published on the delinquent list as provided in subdivision four of this
  section, or until such time as the authority permits sales or deliveries
  to him or her as provided in subdivision five of this section. Each such
  manufacturer  and  wholesaler  is  hereby  required  to  file  with  the
  authority,  on  or  before each notification date, copies of the notices
  sent  by  him  or  her to all delinquent retail licensees as required in
  this subdivision, and in addition, if the authority shall so require,  a
  written  list  setting  forth  the  names  and  addresses  of  all  such
  delinquent licensees. The authority, in its discretion, may extend for a
  period not exceeding three days the date for giving  written  notice  of
  default  to  delinquent  retail  licensees and extend for three days the
  date for filing with the authority the copies of notices  sent  to  such
  licensees  and/or  the  written  list  of delinquent retail licensees as
  required in this subdivision. The  authority,  in  its  discretion,  may
  limit  the  documents to be filed to those relating to licensees who are
  to be added or deleted  from  the  default  list  and  direct  that  the
  manufacturer  or  wholesaler  maintain  copies  of  all  other documents
  required under this section for future inspection by the authority.  The
  authority  shall,  as  soon as practicable after each notification date,
  compile  and  publish  and  furnish  each  manufacturer  and  wholesaler
  licensed under this chapter a list, to be designated the delinquent list
  containing the names and addresses of all retail licensees who have been
  reported  by manufacturers and wholesalers pursuant to the provisions of
  this section or section one hundred one-aaa of this  article  as  having
  failed  to  make  payment  as  required  by  this  section for alcoholic
  beverages sold or  delivered  to  them,  and  no  such  manufacturer  or
  wholesaler,  on  or  after  the  fifth  day  after  the  receipt of such
  delinquent list, shall knowingly,  wilfully  or  intentionally  sell  or
  deliver  any alcoholic beverages to any such licensee whose name appears
  on such list, except for cash, until such  time  as  the  name  of  such
  licensee  is  removed  therefrom,  except  as hereinafter permitted. The
  receipt of a delinquent list  by  a  manufacturer  or  wholesaler  shall
  constitute  knowledge  of  the  names  of  the retail licensees who have
  failed to make payment for  alcoholic  beverages  as  required  by  this
  section.  The  failure  of any manufacturer or wholesaler to comply with
  the foregoing provisions of this section may, at the discretion  of  the
  authority,  subject  the  license  of such manufacturer or wholesaler to
  suspension for not more than five days for the first  offense,  and  not
  more  than  thirty  days  for  a  subsequent  offense. The authority may
  publish the delinquent list on its website; provided, however, that full
  access shall  be  restricted  to  those  manufacturers  and  wholesalers
  licensed under this chapter and access to their specific status shall be
  provided  to  retailers  licensed  under  this chapter. Such publication
  shall  be  considered  receipt  thereof   by   all   manufacturers   and
  wholesalers.
    4.  In the event that any dispute shall exist between any manufacturer
  or wholesaler and a retail licensee to whom he shall have sold alcoholic
  beverages, either as to the fact of payment or as to the amount due  for
  such  alcoholic  beverages  or  as  to  the  quantity  of  the alcoholic
  beverages sold or delivered, which dispute cannot  be  adjusted  between
  them, the authority is hereby authorized to receive statements from each
  of the parties to such dispute as to the facts and circumstances thereof
  and  to  determine  whether or not such retail licensee's name should be
  published on the appropriate delinquent list.
    5. The authority in the case of a retail  licensee  who  has  actually
  made  payment for alcoholic beverages, or on good cause shown to it, may
  permit sales or deliveries to  any  retail  licensee  who  has  received
  notice of default or who is named on any delinquent list, on terms other
  than  for cash, but within the limitations of this section, prior to the
  publication of the next appropriate delinquent list.
    6. The license  of  any  retail  licensee  who  purchases  or  accepts
  delivery  of alcoholic beverages on any terms, other than as provided in
  this section, may be suspended for not more than five days for the first
  offense and not more than thirty days  for  a  subsequent  offense.  The
  failure  of any such retail licensee to pay any amount in default before
  the  expiration  of  the  period  of  suspension  shall  be  deemed  and
  punishable  as  a  subsequent  offense  until  paid.  In  addition,  the
  authority may require any such retail licensee, after default in  making
  payment  in  accordance  with  the  provisions  of  this section to make
  payment in cash for alcoholic beverages subsequently delivered.
    7.  a.  All  retail  licensees  who  fail  to  pay  manufacturers   or
  wholesalers  for  alcoholic  beverages  sold or delivered to such retail
  licensees  by  such  manufacturers  or  wholesalers  subsequent  to  the
  effective  date  of  this  section,  shall liquidate and pay such unpaid
  balances  to  such  manufacturers  or  wholesalers  in   equal   monthly
  installments over a period of three months from the date upon which such
  unpaid  balances  become due. The authority, shall not, however, because
  of such an indebtedness or failure to  pay  such  refuse  to  renew  the
  license of any such licensee.
    b.  All  retail  licensees shall, on or before October tenth, nineteen
  hundred  sixty-five,  make  payment  in  full   to   manufacturers   and
  wholesalers  of  all  unpaid  balances  for alcoholic beverages sold and
  delivered to such licensees during  the  month  of  September,  nineteen
  hundred  sixty-five. All retail licensees in groups two, three, four and
  one shall, on or before November  tenth,  nineteen  hundred  sixty-five,
  make  payment  in  full  to  manufacturers and wholesalers of all unpaid
  balances for alcoholic beverages  sold  and  delivered  between  October
  first  and  October  seventh, fourteenth, twenty-first and thirty-first,
  nineteen hundred sixty-five, respectively. The authority may impose  any
  penalty or condition otherwise authorized by this section in the case of
  any  such  retail  licensee  who  fails  or refuses to liquidate and pay
  unpaid balance becoming due under this subdivision.
    8.  Nothing  herein  contained  shall  be  construed  to  require  any
  manufacturer  or  wholesaler to extend credit to any retail licensee nor
  to restrain any manufacturer or wholesaler from seeking  to  enforce  by
  legal  action  or  otherwise, payment of any sum or sums of money due or
  alleged to be due to any such manufacturer or wholesaler  for  alcoholic
  beverages sold or delivered to any such retail licensee.
    9.  The  state  liquor authority is hereby authorized to do such acts,
  prescribe such forms and make such rules, regulations and orders  as  it
  may  deem necessary or proper fully to effectuate the provisions of this
  section, including but not limited to the changing of any date on  which
  any  act  or function pursuant to this section is to be performed by any
  licensee or by the liquor authority.
    10. For the purpose of raising the  moneys  necessary  to  defray  the
  expenses  incurred  in  the administration of this section, on or before
  the tenth day after this section becomes a law, there shall be  paid  to
  the  liquor authority by each manufacturer and wholesaler licensed under
  this chapter to sell to retailers liquor and/or wines  or  beer,  a  sum
  equivalent  to  ten  per  centum of the annual license fee prescribed by
  this chapter for each such licensee. A like sum shall be  paid  by  each
  person  hereafter  applying  for  any such license or the renewal of any
  such license, and such sum  shall  accompany  the  application  and  the
  license  fee  prescribed by this chapter for such license or renewal, as
  the case may be.

   S 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 the first Monday succeeding the concluding
  day of each prior period and ending  on  the  second  succeeding  Sunday
  thereafter.
    b.  "Payment  period"  means  the  period  ending  on  the twelfth day
  immediately following the last day of any credit period.
    c. "Final payment date" means the last day of a payment period.
    d. "Delinquent notice date" means the third business  day  immediately
  following a final payment date.
    e.   "Notification   date"  means  the  day  immediately  following  a
  delinquent notice date.
    f. "Retail licensee" means a person licensed pursuant to this  chapter
  who  purchases  beer  and/or  wine  products  for  resale  for on or off
  premises consumption, except a person licensed  to  sell  liquor  and/or
  wine for off premises consumption.
    g. "Cash" means and includes currency and coin of the United States of
  America,  certified  check, money order, electronic funds transfer, bank
  officer's check or draft, or a check drawn on the account of the  retail
  licensee  payable  to  the manufacturer or wholesaler and dated no later
  than the date of delivery  of  the  alcoholic  beverages  and  which  is
  honored  upon  presentment  for  payment; provided, however, that if any
  check or other instrument described in  this  paragraph  tendered  by  a
  retail  licensee  on the delinquent list is not honored upon presentment
  for payment, the license of such retail licensee may  be  suspended  for
  not  more  than  fifteen  days  for the first offense, and not more than
  sixty days for a subsequent offense, which penalty shall be in  addition
  to the penalty provided for by the provisions of subdivision six of this
  section,  and  provided  further,  that  nothing  in  this section shall
  require a manufacturer or wholesaler to accept a check  tendered  by  or
  drawn  on the account of a retail licensee on the delinquent list unless
  the same has been certified.
    2. No manufacturer or wholesaler licensed  under  this  chapter  shall
  sell  or deliver any beer or wine products to any retail licensee except
  for cash to be paid at the  time  of  delivery  or  on  terms  requiring
  payment  by  such  retail  licensee for such beer or wine products on or
  before the final payment date of any credit period within which delivery
  is made.
    3. Each such manufacturer and  wholesaler  shall,  on  or  before  the
  respective  delinquent  notice  date, give written notice of default, by
  first class mail, to all such licensees who have failed to make  payment
  to  the manufacturer or wholesaler on or before their final payment date
  for beer or wine products sold or delivered to such licensees during the
  previous credit period. Any such retail licensee receiving  such  notice
  shall  not  thereafter  purchase  beer  or wine products except for cash
  until such time as the authority determines that its name shall  not  be
  published  on  the  delinquent  list as provided in this subdivision, or
  until such time as the authority permits sales  or  deliveries  to  such
  licensee  as  provided  in  subdivision  five of this section. Each such
  manufacturer and wholesaler shall file with the authority, on or  before
  each  notification  date,  copies  of  the  notices  sent  by  it to all
  delinquent retail licensees, and in addition, if the authority shall  so
  require,  a  written  list  setting forth the names and addresses of all
  such delinquent licensees. The authority, in its discretion, may  extend
  for a period not exceeding three days the date for giving written notice
  of  default to delinquent retail licensees and extend for three days the
  date for filing with the authority the copies of notices  sent  to  such
  licensees  and/or  the  written list of delinquent retail licensees. The
  authority  shall,  as  soon as practicable after each notification date,
  compile, publish, and furnish each manufacturer and wholesaler  licensed
  under  this chapter a delinquent list containing the names and addresses
  of all retail licensees who have  been  reported  by  manufacturers  and
  wholesalers  pursuant  to  the provisions of this section or section one
  hundred one-aa of this article as  having  failed  to  make  payment  as
  required  by  this section or section one hundred one-aa of this article
  for beer or wine products  sold  or  delivered  to  them,  and  no  such
  manufacturer  or wholesaler, on or after the fifth day after the receipt
  of such delinquent list, shall knowingly, wilfully or intentionally sell
  or deliver any beer or wine products to any  such  licensee  whose  name
  appears  on  such  list, except for cash, until such time as the name of
  such licensee is removed therefrom, except  as  otherwise  permitted  by
  this  section.  The  receipt  of  a delinquent list by a manufacturer or
  wholesaler shall  constitute  knowledge  of  the  names  of  the  retail
  licensees  who  have failed to make payment for beer or wine products as
  required by this section. The failure of any manufacturer or  wholesaler
  to  comply with the provisions of this section may, at the discretion of
  the authority, subject the license of such manufacturer or wholesaler to
  suspension for not more than five days for the first  offense,  and  not
  more  than  thirty  days  for  a  subsequent  offense. The authority may
  publish the delinquent list on  its  website;  provided,  however,  that
  access  shall  be  restricted  to  those  manufacturers  and wholesalers
  licensed under  this  chapter.  Such  publication  shall  be  considered
  receipt thereof by all manufacturers and wholesalers.
    4.  In the event that any dispute shall exist between any manufacturer
  or wholesaler and  a  retail  licensee  to  whom  such  manufacturer  or
  wholesaler  shall have sold beer or wine products, either as to the fact
  of payment or as to the amount due for such beer or wine products or  as
  to  the  quantity  of the beer or wine products sold or delivered, which
  dispute cannot be adjusted between them, the authority is authorized  to
  receive  statements  from  each of the parties to such dispute as to the
  facts and circumstances thereof and to determine  whether  or  not  such
  retail licensee's name should be published on the delinquent list.
    5.  The  authority  in  the case of a retail licensee who has actually
  made payment for beer or wine products, or on good cause  shown  to  it,
  may  permit  sales or deliveries to any retial licensee who has received
  notice of default or who is named on any delinquent list, on terms other
  than for cash, but within the limitations of this section, prior to  the
  publication of the next delinquent list.
    6.  The  license  of  any  retail  licensee  who  purchases or accepts
  delivery of beer or wine products on any terms, other than  as  provided
  in  this  section,  may be suspended for not more than five days for the
  first offense and not more than thirty days for  a  subsequent  offense.
  The  failure  of  any  such retail licensee to pay any amount in default
  before the expiration of the period of suspension shall  be  deemed  and
  punishable  as  a  subsequent  offense  until  paid.  In  addition,  the
  authority may require any such retail licensee, after default in  making
  payment  in  accordance  with  the  provisions  of  this section to make
  payment in cash for beer or wine products subsequently delivered.
    7. Nothing contained in this section shall be construed to require any
  manufacturer or wholesaler to extend credit to any retail  licensee  nor
  to  restrain  any  manufacturer or wholesaler from seeking to enforce by
  legal action or otherwise, payment of any sum or sums of  money  due  or
  alleged  to  be  due  to any such manufacturer or wholesaler for beer or
  wine products sold or delivered to any such retail licensee.
    8. There shall be paid to the liquor authority by each person applying
  after the effective date of this section for any license to sell beer or
  wine  products  to  retailers or upon the renewal of such license, a sum
  equivalent to ten per centum of the annual  license  fee  prescribed  by
  this  chapter  for  each such licensee. Such moneys shall be used by the
  authority to defray the expenses incurred in the administration of  this
  section.
    9.  Notwithstanding  the  law  in  effect at the time of the sale, the
  final payment date for beer and/or  wine  products  sold  prior  to  the
  effective date of this section for which payment has not been made shall
  be  the first final payment date as determined by the provisions of this
  section.

   S 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
  fostering and promoting temperance in their consumption and respect  for
  and obedience to the law. In order to eliminate the undue stimulation of
  sales  of  alcoholic  beverages  and  the  practice of manufacturers and
  wholesalers in granting discounts, rebates, allowances, free goods,  and
  other   inducements   to  selected  licensees,  which  contribute  to  a
  disorderly  distribution  of  alcoholic   beverages,   and   which   are
  detrimental to the proper regulation of the liquor industry and contrary
  to  the  interests  of  temperance, it is hereby further declared as the
  policy of the state that the  sale  of  alcoholic  beverages  should  be
  subjected  to  certain  restrictions,  prohibitions and regulations. The
  necessity for the enactment  of  the  provisions  of  this  section  is,
  therefore, declared as a matter of legislative determination.
    2.  It  shall be unlawful for any person who sells liquors or wines to
  wholesalers or retailers
    (a) to discriminate, directly or indirectly, in  price,  in  discounts
  for  time  of  payment  or in discounts on quantity of merchandise sold,
  between one wholesaler and another wholesaler, or between  one  retailer
  and another retailer purchasing liquor or wine bearing the same brand or
  trade  name  and  of  like  age  and  quality; (b) to grant, directly or
  indirectly,  any  discount,  rebate,  free  goods,  allowance  or  other
  inducement  of  any  kind whatsoever, except a discount or discounts for
  quantity of liquor or for quantity of wine and a discount not in  excess
  of  one  per  centum  for  payment  on  or  before ten days from date of
  shipment.
    3. (a) No brand of liquor or wine shall be sold to or purchased  by  a
  wholesaler,  irrespective  of  the  place  of sale or delivery, unless a
  schedule, as provided by this section, is transmitted to and received by
  the liquor authority, and is then in  effect.  Such  schedule  shall  be
  transmitted  to the authority in such form, manner, medium and format as
  the authority may direct; shall be deemed duly verified  by  the  person
  submitting  such  schedule  upon  its transmission to the authority; and
  shall contain, with respect to each item, the exact brand or trade name,
  capacity of package, nature of contents, age and proof where  stated  on
  the  label, the number of bottles contained in each case, the bottle and
  case price to wholesalers, the net bottle and case  price  paid  by  the
  seller,  which  prices,  in  each instance, shall be individual for each
  item and not in "combination" with any other  item,  the  discounts  for
  quantity,  if  any,  and the discounts for time of payment, if any. Such
  brand of liquor or wine shall not be sold to wholesalers except  at  the
  price  and  discounts  then in effect unless prior written permission of
  the authority is granted for  good  cause  shown  and  for  reasons  not
  inconsistent  with  the  purpose of this chapter. Such schedule shall be
  transmitted by (1) the owner of such brand, or (2) a wholesaler  selling
  such brand and who is designated as agent for the purpose of filing such
  schedule  if the owner of the brand is not licensed by the authority, or
  (3) with the approval of the authority, by a wholesaler,  in  the  event
  that  the  owner  of  the  brand  is  unable  to  transmit a schedule or
  designate an agent for such purpose. As used  in  this  subdivision  the
  term  "item"  shall  be  deemed to include a sealed, pre-wrapped package
  consisting of a sealed container of liquor, wine  or  wine  product  and
  other  merchandise  reasonably  used in connection with the preparation,
  storage or service of liquor, wine or wine products provided  that  such
  other merchandise shall not be potable or edible.
    (b)  No  brand  of  liquor  or wine shall be sold to or purchased by a
  retailer unless a schedule, as provided by this section, is  transmitted
  to  and  received  by  the liquor authority, and is then in effect. Such
  schedule shall be transmitted to the authority  in  such  form,  manner,
  medium  and  format  as  the  authority may direct; shall be deemed duly
  verified by the person submitting such schedule upon its transmission to
  the authority; and shall contain, with respect to each item,  the  exact
  brand  or  trade  name, capacity of package, nature of contents, age and
  proof where stated on the label, the number of bottles contained in each
  case, the bottle and case price to retailers, the net  bottle  and  case
  price  paid  by  the  seller,  which  prices, in each instance, shall be
  individual for each item and not in "combination" with any  other  item,
  the  discounts  for  quantity,  if  any,  and  the discounts for time of
  payment, if any. Such brand of liquor or  wine  shall  not  be  sold  to
  retailers  except at the price and discounts then in effect unless prior
  written permission of the authority is granted for good cause shown  and
  for  reasons  not  inconsistent  with  the purpose of this chapter. Such
  schedule shall be transmitted by each manufacturer selling such brand to
  retailers and by each wholesaler selling such brand to retailers.
    (c) Provided however, nothing contained in this section shall  require
  any  manufacturer  or  wholesaler  to  list  in any schedule to be filed
  pursuant to this section any item offered for sale to a retailer under a
  brand which is owned exclusively by one  retailer  and  sold  at  retail
  within the state exclusively by such retailer.
    (d)  The  authority may make available the schedules in paragraphs (a)
  and (b) of  this  subdivision  to  all  licensed  wholesaler  or  retail
  establishments by way of controlled internet access.
    4.  Each  such schedule required by paragraph (a) of subdivision three
  of this section shall be filed on or before the twenty-fifth day of each
  month and the prices  and  discounts  set  forth  therein  shall  become
  effective  on  the first day of the second succeeding calendar month and
  shall be in effect for such second succeeding calendar month. Each  such
  schedule  required by paragraph (b) of subdivision three of this section
  shall be filed on or before the fifth day of each month, and the  prices
  and  discounts set forth therein shall become effective on the first day
  of the calendar month following the filing  thereof,  and  shall  be  in
  effect for such calendar month. Within ten days after the filing of such
  schedule  the authority shall make them or a composite thereof available
  for inspection by licensees.  Within  three  business  days  after  such
  inspection  is  provided  for, a wholesaler may amend his filed schedule
  for sales to retailers in order  to  meet  lower  competing  prices  and
  discounts  for  liquor  or  wine of the same brand or trade name, and of
  like age and quality, filed pursuant to this  section  by  any  licensee
  selling  such  brand,  provided  such  amended  prices are not lower and
  discounts are not greater than those to be met. Any amended schedule  so
  filed  shall  become  effective  on  the first day of the calendar month
  following the filing thereof and shall be in effect  for  such  calendar
  month.  All  schedules filed shall be subject to public inspection, from
  the time that they are required to be made available for  inspection  by
  licensees,  and  shall not be considered confidential. Each manufacturer
  and wholesaler shall retain in his licensed premises for  inspection  by
  licensees  a  copy  of his filed schedules as then in effect. The liquor
  authority may make such rules as shall be appropriate to carry  out  the
  purpose of this section.
    4-a.  No  licensee shall refuse to sell any brand of liquor or wine to
  any licensee authorized to purchase such brand of liquor  or  wine  from
  such  licensee  at  the  price  listed in the schedule of prices of such
  brand of liquor or wine required to be filed by such licensee  with  the
  authority  pursuant  to  this  section, provided the purchaser pays cash
  therefor, and except as herein provided.
    (a)  A  schedule  of prices to wholesalers filed by the brand owner or
  its agent with the authority, pursuant to this section,  may  limit  the
  distribution  or  resale  of a brand to wholesalers by the filing by the
  brand owner or its agent with the authority of the names, addresses  and
  license numbers of such wholesalers. Such list shall be filed each month
  together with the schedule of prices, and no name shall be added thereto
  or  removed  therefrom  after  filing  except  with  permission  of  the
  authority.
    (b) Only those wholesalers listed, pursuant to paragraph (a)  of  this
  subdivision,  may schedule the price to retailers for such brand, except
  that when not  inconsistent  with  the  purpose  of  this  section,  the
  authority  may  authorize any other wholesaler to schedule a price after
  furnishing the quantity, source of purchase and  any  other  information
  the authority may require.
    (c)  When  distribution  or  resale  of  a  brand has been restricted,
  pursuant to paragraph (a) of this subdivision, such brand shall  not  be
  sold  or  purchased  by any wholesalers who are not listed in accordance
  with paragraph (a) of this subdivision.
    (d) For good  cause  shown  to  the  satisfaction  of  the  authority,
  permission  may  be  granted  for  the  filing of schedules limiting the
  distribution or resale of a brand to retailers.
    (e) Manufacturers and wholesalers may not require or compel  retailers
  to purchase other brands in order to be able to buy a particular brand.
    (f)  Nothing  contained  in  this  subdivision  shall  be construed as
  authority for permitting any conduct or activity by any brand  owner  or
  its  agent  or  any  wholesaler  of  liquor  or  wine  proscribed by the
  antitrust laws of this state or the United States.
    (g) If any provision of any  paragraph  of  this  subdivision  or  any
  subdivision  of this section or the application thereof to any person or
  circumstance  shall  be  adjudged  invalid  by  a  court  of   competent
  jurisdiction,  such order or judgment shall be confined in its operation
  to the controversy in which it was rendered  and  shall  not  affect  or
  invalidate  the  remainder  of  any provision of this subdivision or any
  subdivision of this section or the application of any  part  thereof  to
  any  other person or circumstance and to this end the provisions of each
  paragraph of this subdivision and each subdivision of this  section  are
  hereby declared to be severable.
    5.  (a)  (i)  Notwithstanding  any  other  provision of law, each such
  schedule required by paragraph (a) of subdivision three of this  section
  which is filed by a micro-winery, winery, or farm winery, shall be filed
  annually  on  or before the twenty-fifth day of November. The prices and
  discounts set forth therein shall become effective on the first  day  of
  the second succeeding calendar month and shall remain in effect for such
  twelve  succeeding calendar months, unless a price change filing is made
  pursuant to subparagraph (ii) of this paragraph.
    (ii) A micro-winery, winery, or farm winery licensee may file a  price
  schedule  change  at  any time between the required annual filings. Each
  such price schedule change shall be filed on or before the  twenty-fifth
  day  of  each  month  for  a change in prices to become effective on the
  first day of the second succeeding calendar month and  shall  remain  in
  effect until the effective date of the next filing.
    (b) (i) Notwithstanding any other provision of law, each such schedule
  required  by paragraph (b) of subdivision three of this section which is
  filed by a micro-winery, winery, or farm winery licensee shall be  filed
  annually  on  or  before  the  fifth  day  of  December.  The prices and
  discounts set forth therein shall become effective on the first  day  of
  the  calendar  month  following  the filing thereof, and shall remain in
  effect for such twelve succeeding calendar months, unless a price change
  filing is made pursuant to subparagraph (ii) of this paragraph.
    (ii)  A micro-winery, winery, or farm winery licensee may file a price
  schedule change at any time between the required  annual  filings.  Each
  such  price schedule change shall be filed on or before the fifth day of
  each month for a change in prices to become effective on the  first  day
  of  the  calendar month following the filing thereof and shall remain in
  effect until the effective date of the next filing.
    (c) Within ten days after the filing of such schedules  the  authority
  shall  make  them  or  a  composite  thereof available for inspection by
  licensees. Within three business days after such inspection is  provided
  for, a wholesaler may amend his filed schedule for sales to retailers in
  order  to meet lower competing prices and discounts for wine of the same
  brand or trade name, and of like age and quality, filed pursuant to this
  section by any licensee selling such brand, provided such amended prices
  are not lower and discounts are not greater than those to  be  met.  Any
  amended schedule so filed shall become effective on the first day of the
  calendar month following the filing thereof and shall be in effect until
  the effective date of the next filing.
    (d)  All  schedules  filed shall be subject to public inspection, from
  the time that they are required to be made available for  inspection  by
  licensees,  and  shall not be considered confidential. Each manufacturer
  and wholesaler shall retain in his licensed premises for  inspection  by
  licensees  a  copy  of his filed schedules as then in effect. The liquor
  authority may make such rules as shall be appropriate to carry  out  the
  purpose of this subdivision.
    6.  For  the  purpose  of  raising  the moneys necessary to defray the
  expenses incurred in the administration of this section,  on  or  before
  the  tenth  day after this act becomes a law, there shall be paid to the
  liquor authority by each manufacturer and wholesaler licensed under this
  chapter to sell to retailers liquors and/or wines, a sum  equivalent  to
  fifteen  per centum of the annual license fee prescribed by this chapter
  for each such licensee.  A  like  sum  shall  be  paid  by  each  person
  hereafter  applying  for  any  such  license  or the renewal of any such
  license, and such sum shall accompany the application  and  the  license
  fee  prescribed  by this chapter for such license or renewal as the case
  may be. In the event that any other law requires the payment of a fee by
  any such licensee or applicant as set forth in this section for schedule
  listing, then and in such event the total fee imposed  by  this  section
  and such other law or laws on each such licensee shall not exceed in the
  aggregate  a  sum equivalent to fifteen per centum of the annual license
  fee prescribed by this chapter for such license.
    7. The authority may revoke, cancel  or  suspend  any  license  issued
  pursuant  to  this  chapter, and may recover (as provided in section one
  hundred twelve of this chapter) the penal sum of the  bond  filed  by  a
  licensee,  or  both, for any sale or purchase in violation of any of the
  provisions of this section or  for  making  a  false  statement  in  any
  schedule  filed  pursuant  to this section or for failing or refusing in
  any manner to comply with any of the provisions of this section.

   S 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.  This  prohibition  shall apply to all shipments of alcoholic
  beverages into New York state and includes importation  or  distribution
  for   commercial   purposes,   for   personal  use,  or  otherwise,  and
  irrespective of whether such alcoholic beverages were  purchased  within
  or  without  the  state,  provided,  however, this prohibition shall not
  apply to  any  shipment  consigned  to  a  New  York  resident  who  has
  personally  purchased  alcoholic  beverages  for  his personal use while
  outside  the  United  States  for  a  minimum  period   of   forty-eight
  consecutive  hours  and  which he has shipped as consignor to himself as
  consignee. Purchases made outside the United  States  by  persons  other
  than  the purchaser himself, regardless whether made as his agent, or by
  his authorization or  on  his  behalf,  are  deemed  not  to  have  been
  personally purchased within the meaning of this paragraph.
    (b)  Except  as provided in section seventy-nine-c of this chapter, no
  common carrier or other person shall bring or carry into the  state  any
  alcoholic beverages, unless the same shall be consigned to a person duly
  licensed hereunder to traffic in alcoholic beverages, provided, however,
  that alcoholic beverages may be delivered by a trucking permittee from a
  steamship or railroad station or terminal to a New York resident who has
  personally  purchased  alcoholic  beverages  for  his personal use while
  outside  the  United  States  for  a  minimum  period   of   forty-eight
  consecutive  hours,  and which he has shipped as consignor to himself as
  consignee, and except as so stated, no trucking permittee  shall  accept
  for  delivery, deliver or transport from a steamship or railroad station
  or  terminal  any  shipment  of  alcoholic  beverages  consigned  to   a
  non-licensed  person  having  his  home  or  business in New York state.
  Purchases of alcoholic beverages  made  outside  the  United  States  by
  persons other than the purchaser himself, regardless whether made as his
  agent,  or by his authorization or on his behalf, are deemed not to have
  been personally purchased within the meaning of this paragraph.
    (c) Paragraphs  (a)  and  (b)  of  this  subdivision  shall  apply  to
  alcoholic  beverages,  either  in  the  original  package  or otherwise,
  whether intended for commercial or personal use, as well  as  otherwise,
  and  to  foreign,  interstate,  as  well  as  intrastate,  shipments  or
  carriage,  irrespective  of  whether  such  alcoholic   beverages   were
  purchased within or without the state.
    (d)  Nothing  in  this chapter shall be deemed to exempt from taxation
  the sale or use of any alcoholic beverages subject to  any  tax  imposed
  under  or pursuant to the authority of the tax law or to grant any other
  exemption from the provisions of such law.
    2. No person holding any license hereunder, other than  a  license  to
  sell  an  alcoholic beverage at retail for off-premises consumption or a
  license or special license to sell an alcoholic beverage at  retail  for
  consumption  on  the  premises where such license authorizes the sale of
  liquor, beer and/or wine on the premises of  a  catering  establishment,
  hotel,  restaurant,  club,  or  recreational  facility,  shall knowingly
  employ in connection with his business in any capacity  whatsoever,  any
  person,  who  has  been  convicted  of a felony, or any of the following
  offenses,  who  has  not  subsequent  to  such  conviction  received  an
  executive  pardon  therefor  removing  any  civil  disabilities incurred
  thereby, a certificate of relief from disabilities or a  certificate  of
  good  conduct pursuant to article twenty-three of the correction law, or
  other relief from disabilities provided by law, or the written  approval
  of the state liquor authority permitting such employment, to wit:
    (a)  Illegally  using,  carrying  or  possessing  a  pistol  or  other
  dangerous weapon;
    (b) Making or possessing burglar's instruments;
    (c) Buying or receiving or criminally possessing stolen property;
    (d) Unlawful entry of a building;
    (e) Aiding escape from prison;
    (f)  Unlawfully  possessing  or  distributing  habit  forming narcotic
  drugs;
    (g) Violating subdivisions six, ten or eleven of section seven hundred
  twenty-two of the former penal law as in force  and  effect  immediately
  prior  to  September  first,  nineteen hundred sixty-seven, or violating
  sections 165.25 or 165.30 of the penal law;
    (h) Vagrancy or prostitution; or
    (i) Ownership, operation, possession, custody or control  of  a  still
  subsequent to July first, nineteen hundred fifty-four.
    If,  as  hereinabove  provided,  the state liquor authority issues its
  written approval for the  employment  by  a  licensee,  in  a  specified
  capacity,  of  a  person  previously convicted of a felony or any of the
  offenses above enumerated, such person, may, unless he  is  subsequently
  convicted of a felony or any of such offenses, thereafter be employed in
  the  same  capacity  by  any  other licensee without the further written
  approval of the  authority  unless  the  prior  approval  given  by  the
  authority is terminated.
    The  liquor  authority  may  make  such rules as it deems necessary to
  carry out the purpose and intent of this subdivision.
    As used in this subdivision, "recreational facility" shall  mean:  (i)
  premises  that  are  part  of a facility the principal business of which
  shall be the providing of  recreation  in  the  form  of  golf,  tennis,
  swimming,  skiing  or  boating; and (ii) premises in which the principal
  business shall be the operation of a theatre, concert hall, opera house,
  bowling   establishment,   excursion   and   sightseeing   vessel,    or
  accommodation of athletic events, sporting events, expositions and other
  similar  events  or  occasions  requiring  the  accommodation  of  large
  gatherings of persons.
    3-a. No licensee or permittee shall purchase or agree to purchase  any
  alcoholic  beverages  from  any  person within the state who is not duly
  licensed to sell such alcoholic beverage as the case may be, at the time
  of such agreement and sale nor give any order for any alcoholic beverage
  to any individual who is not the holder of a solicitor's permit,  except
  as provided for in section eighty-five or ninety-nine-g of this chapter.
    3-b.  No  retail licensee shall purchase, agree to purchase or receive
  any alcoholic beverage except from a person  duly  licensed  within  the
  state  by  the  liquor  authority to sell such alcoholic beverage at the
  time of such agreement and sale  to  such  retail  licensee,  except  as
  provided for in section eighty-five or ninety-nine-g of this chapter.
    4.  No  licensee  or  any  of his or its agents, servants or employees
  shall peddle any liquor and/or wine from house to house by  means  of  a
  truck  or  otherwise,  where  the  sale is consummated and delivery made
  concurrently at the residence or place of business of a  consumer.  This
  subdivision  shall not prohibit the delivery by a licensee to consumers,
  pursuant to sales made at the place of business of said licensee.
    5. No licensee shall employ any canvasser or solicitor for the purpose
  of receiving an order from a consumer for any liquor and/or wine at  the
  residence  or place of business of such consumer, nor shall any licensee
  receive or accept any order, for the sale of  any  liquor  and/or  wine,
  which  shall  be  solicited  at  the residence or place of business of a
  consumer. This subdivision shall not  prohibit  the  solicitation  by  a
  wholesaler  of  an  order  from any licensee at the licensed premises of
  such licensee.
    6.  No  alcoholic  beverage  shall  be  released for delivery from any
  warehouse located within the state, except upon a  permit  having  first
  been obtained as provided by this chapter. Applications for such permits
  may  be  filed at the office of the liquor authority in New York, Albany
  or Buffalo, whichever is nearest to the location of the  warehouse,  and
  shall  be  upon  a  form  to  be  prepared by the liquor authority. This
  provision shall not apply  to  alcoholic  beverages,  which  are  to  be
  released for shipment outside of the state.
    7.  Each  person  owning or operating any warehouse located within the
  state shall keep and maintain as part of his permanent records, treasury
  department forms fifty-two and fifty-two-a as heretofore required by the
  United States government.

 S 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 with federal size standards adopted pursuant to  the  federal
  alcohol  administration  act,  as  amended (27 U.S.C. 201 et. seq.); and
  provided further, that (a) Class A distillers may sell or deliver liquor
  in bulk to the holder of a Class A or B  distiller's  license  or  to  a
  permittee  engaged  in  the  manufacture of products which are unfit for
  beverage use; (b) Class C distillers may sell or deliver fruit brandy in
  bulk to the  holder  of  a  winery  license,  a  holder  of  a  Class  B
  distiller's  license  or  to  a  permittee engaged in the manufacture of
  products which are unfit for beverage use; and (c) a winery licensee may
  sell or deliver wine in bulk to a holder of a winery license, the holder
  of a distiller's license of any class, or to a permittee engaged in  the
  manufacture   of  products  which  are  unfit  for  beverage  use.  Such
  containers shall have affixed thereto such labels as may be required  by
  the  rules  of the liquor authority, together with all necessary federal
  revenue and New York state excise tax stamps, as required by law.
    2. No manufacturer shall transport alcoholic beverages in any  vehicle
  owned  and  operated  or hired and operated by such manufacturer, unless
  there shall be attached to or inscribed upon both sides of such  vehicle
  a  sign, showing the name and address of the licensee, together with the
  following inscription: "New York State Distiller (or Brewer  or  Winery)
  License  No.  ..,"  in  uniform letters not less than three and one-half
  inches in height. In lieu of such sign a manufacturer may  have  in  the
  cab  of such vehicle a photostatic copy of its current license issued by
  the authority, and such copy duly authenticated by the authority.
    3. No manufacturer shall deliver any alcoholic  beverages,  except  in
  vehicles  owned and operated by such manufacturer, or hired and operated
  by  such  manufacturer  from  a  trucking  or   transportation   company
  registered  with the liquor authority, and shall only make deliveries at
  the licensed premises of the purchaser.
    7. Each  manufacturer  shall  keep  and  maintain  upon  the  licensed
  premises,  adequate  books and records of all transactions involving the
  manufacture and sale of his  or  its  products,  which  shall  show  the
  ingredients  but  not  the  formula or recipe used in the manufacture of
  such  alcoholic  beverages  together  with  the  quantity  of  alcoholic
  beverages  manufactured  by such manufacturer; the names, addresses, and
  the license numbers of  the  purchasers  of  such  alcoholic  beverages,
  together  with  the  quantities  involved in such purchases, whether the
  same shall be sold within or without  the  state.  Each  sale  shall  be
  recorded  separately  on  a  numbered  invoice, which shall have printed
  thereon the number, the  name  of  the  licensee,  the  address  of  the
  licensed  premises,  and  the  current license number. Such manufacturer
  shall deliver to the purchaser a true duplicate invoice stating the name
  and address of the  purchaser,  the  quantity  of  alcoholic  beverages,
  description  by  brands and the price of such alcoholic beverages, and a
  true, accurate and complete statement of the  terms  and  conditions  on
  which  such  sale is made. Any terms and conditions of a sale not stated
  on said invoice  shall  constitute  a  service  within  the  meaning  of
  paragraph  (c)  of  subdivision  one  of section one hundred one of this
  article. Such books, records and invoices shall be kept for a period  of
  two  years  and  shall  be  available  for  inspection by any authorized
  representative of the liquor  authority.  Provided,  however,  that  any
  books and records required by this chapter to be maintained by a winery,
  farm  winery, special winery, special farm winery or microwinery must be
  kept either upon the licensed premises or such other location as may  be
  approved by the authority.
    8.  No  manufacturer  shall  furnish  or  cause to be furnished to any
  licensee, any exterior or interior sign, printed, painted,  electric  or
  otherwise, except as authorized by the liquor authority.
    9.  Nothing  contained  in  this  chapter shall prohibit a brewer from
  manufacturing, bottling or storing non-alcoholic carbonated beverages on
  the licensed premises  provided  such  business  was  conducted  by  the
  licensee prior to July first, nineteen hundred thirty-nine.

  S 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
  foods,   as   defined   in  paragraph  (b)  of  this  subdivision,  (ii)
  manufacturing, bottling, storing, or  selling  non-alcoholic  carbonated
  beverages,   (iii)   manufacturing,  storing  or  selling  non-alcoholic
  non-carbonated soft drinks,  mineral  waters,  spring  waters,  drinking
  water,  non-taxable  malt  or  cereal  beverages, juice drinks, fruit or
  vegetable juices, ice, liquid beverage mixes and dry or frozen  beverage
  mixes, (iv) acquiring, storing or selling wine products, (v) the sale of
  promotional items on such premises, or (vi) the sale of tobacco products
  at  retail  by  wholesalers  who  are  licensed  to  sell beer and other
  products at retail, (2) prohibit a wholesaler authorized  to  sell  wine
  from manufacturing, acquiring or selling wine merchandise, as defined in
  paragraph  (d) of this subdivision, or (3) prohibit a licensed winery or
  licensed farm winery from engaging in the business of a wine  wholesaler
  for  New  York  state  labeled  wines produced by any licensed winery or
  licensed farm winery or prohibit such wine  wholesaler  from  exercising
  any  of its rights pursuant to sections seventy-six and seventy-six-a of
  this  chapter  provided  that  the  operation  of  such  beer  and  wine
  wholesalers  business  shall be subject to such rules and regulations as
  the liquor authority may prescribe.
    (b) "Non-alcoholic snack foods" as  used  in  paragraph  (a)  of  this
  subdivision  shall include ready to eat finger foods ordinarily intended
  to be served cold or at room temperature, such as nut  and  seed  meats,
  cooked  pork rinds, pretzels, popped corn and a variety of other similar
  finger foods which  are  prepared  from  high-starch  and/or  cellulosic
  edible materials.
    (c)  "Promotional items" are items which bear advertising information,
  are of nominal value, are obtained by a licensee through a  supplier  of
  alcoholic  beverages  and  are designated and designed for unconditional
  sale or  distribution  to  the  public.  The  sale  or  distribution  of
  promotional  items  shall  be  incidental  to  the  licensee's  sale  of
  alcoholic beverages. All promotional items shall be properly invoiced.
    (d) "Wine merchandise" as used in paragraph (a)  of  this  subdivision
  shall  include  corkscrews,  ice,  the  sale  of publications, including
  prerecorded video and/or audio cassette tapes, designed to help  educate
  consumers in their knowledge and appreciation of wine and wine products,
  as  defined  in  section  three  of this chapter, or the sale of glasses
  designed for the consumption of wine, racks designed for the storage  of
  wine,  and  devices  designed  to  minimize oxidation in bottles of wine
  which have been uncorked.
    2. No wholesaler 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  a  sealed  package  containing
  quantities in accordance with federal size standards adopted pursuant to
  the  federal  alcohol  administration act, as amended (27 U.S.C. 201 et.
  seq.); provided, however, that wholesalers may store, warehouse or  keep
  off the licensed premises any liquors and/or wines in bulk for sale to a
  rectifier or to a permittee engaged in the manufacture of products which
  are  unfit  for beverage use. Such containers shall have affixed thereto
  such labels as may be required by the rules  of  the  liquor  authority,
  together  with  all  necessary federal revenue and New York state excise
  tax stamps, as required by law.
    3. Each wholesaler shall have painted  on  the  front  window  of  the
  licensed  premises,  or  if there be no window, on a sign affixed to the
  front of the building containing said licensed premises, the name of the
  licensee together with the inscription, "New York State wholesale  beer,
  liquor  or wine license number ________________"; as the case may be, in
  uniform letters not less than three and one-half inches in height.
    5.  No  wholesaler  shall transport alcoholic beverages in any vehicle
  owned and operated or hired and  operated  by  such  wholesaler,  unless
  there  shall be attached to or inscribed upon both sides of such vehicle
  a sign, showing the name and address of the licensee, together with  the
  following  inscription:  "New  York State wholesale beer, liquor or wine
  license number ................. , " as the  case  may  be,  in  uniform
  letters  not  less  than three and one-half inches in height. In lieu of
  such sign,  a  wholesaler  may  have  in  the  cab  of  such  vehicle  a
  photostatic  copy  of  its  current license issued by the authority, and
  such copy duly authenticated by the authority.
    6. No wholesaler shall deliver  any  alcoholic  beverages,  except  in
  vehicles owned and operated by such wholesaler, or hired and operated by
  such  wholesaler  from  a  trucking or transportation company registered
  with the liquor  authority,  and  shall  only  make  deliveries  at  the
  licensed premises of the purchaser.
    10.  Each  wholesaler  shall  keep  and  maintain  upon  the  licensed
  premises, adequate books and records of all transactions  involving  the
  business  transacted  by such wholesaler, which shall show the amount of
  alcoholic beverages in gallons, purchased by  such  wholesaler  together
  with  the  names,  license numbers and places of business of the persons
  from whom the same  was  purchased  and  the  amount  involved  in  such
  purchases,  as  well  as  the amount of alcoholic beverages, in gallons,
  sold by such wholesaler together with the names, addresses, and  license
  numbers  of  such purchasers whether the same shall be purchased or sold
  within or without the state. Each sale shall be recorded separately on a
  numbered invoice, which shall have printed thereon the number, the  name
  of  the  licensee, the address of the licensed premises, and the current
  license number. Such wholesaler shall deliver to the  purchaser  a  true
  duplicate  invoice  stating  the  name and address of the purchaser, the
  quantity of alcoholic beverages, description by brands and the price  of
  such alcoholic beverages, and a true, accurate and complete statement of
  the  terms  and  conditions  on  which  such sale is made. Any terms and
  conditions of a sale not stated  on  said  invoice  shall  constitute  a
  service  within  the meaning of section one hundred and one, subdivision
  one (c) of this chapter. Such books, records and invoices shall be  kept
  for  a  period of two years and shall be available for inspection by any
  authorized representative of the liquor authority.
    11. No wholesaler shall furnish  or  cause  to  be  furnished  to  any
  licensee,  any  exterior or interior sign, printed, painted, electric or
  otherwise, unless authorized by the liquor authority.

  S 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 vehicle owned and operated or
  hired and operated by such vendor, for off-premises consumption,  unless
  there  shall be attached to or inscribed upon both sides of such vehicle
  a sign, showing the name and address of the licensee together  with  the
  following  inscription,  "New  York  State  Beer  Vendor's  License  No.
  ........ , " as the case may be, in uniform letters not less than  three
  and  one-half  inches in height. In lieu of such sign, a vendor may have
  in the cab of such vehicle a photostatic copy  of  its  current  license
  issued  by  the  authority,  and  such  copy  duly  authenticated by the
  authority.
    3. No vendor for off-premises consumption shall sell or deliver to any
  person beer in excess of five gallons at one and at the same time.
    4. Each vendor for off-premises consumption shall  keep  and  maintain
  upon   the   licensed  premises,  adequate  books  and  records  of  all
  transactions involving the business transacted  by  such  vendor,  which
  shall  show  the amount of beer purchased by such licensee together with
  the names, license numbers and places of business of  the  persons  from
  whom  the same was purchased, and the amount involved in such purchases,
  as well as the amount of beer  sold  by  such  vendor,  and  the  amount
  involved  in  each  sale.  Such books and records shall be available for
  inspection by any authorized representative of the liquor authority.

  S 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  possession  of  said premises under a lease, management agreement or
  other agreement giving the applicant control over the food and  beverage
  service  at  the  premises,  in  writing,  for  a term not less than the
  license period except, however, that  such  license  may  thereafter  be
  renewed  without  the  requirement  of  a lease, management agreement or
  other agreement giving the applicant control over the food and  beverage
  service  at the premises, as herein provided. This subdivision shall not
  apply to premises leased from  government  agencies,  as  defined  under
  subdivision  twelve-c  of  section  three  of  this  chapter;  provided,
  however, that the appropriate administrator of  such  government  agency
  provides  some  form  of  written  documentation  regarding the terms of
  occupancy under which the applicant is leasing said  premises  from  the
  government  agency for presentation to the state liquor authority at the
  time of the license application. Such documentation  shall  include  the
  terms  of  occupancy  between  the  applicant and the government agency,
  including, but not limited to,  any  short-term  leasing  agreements  or
  written occupancy agreements.
    2.  No  premises  shall  be  licensed  to sell liquors and/or wines at
  retail for off premises  consumption,  unless  said  premises  shall  be
  located  in  a  store, the principal entrance to which shall be from the
  street level and located on a public thoroughfare in premises which  may
  be occupied, operated or conducted for business, trade or industry or on
  an  arcade  or  sub-surface thoroughfare leading to a railroad terminal.
  There may be not more than one additional entrance which shall  be  from
  the  street  level and located on and giving access to and from a public
  or private parking lot or parking area having space for  not  less  than
  five automobiles.
    3.  (a)  No retail license to sell liquor and/or wine for off-premises
  consumption shall be granted for any premises which shall be located  on
  the  same  street  or  avenue, and within two hundred feet of a building
  occupied exclusively as a school, church, synagogue or  other  place  of
  worship; the measurements to be taken in a straight line from the center
  of  the  nearest  entrance to the building used for such school, church,
  synagogue or other place  of  worship  to  the  center  of  the  nearest
  entrance  of  the  premises  to  be  licensed;  except, however, that no
  license shall be denied to any premises at which a  license  under  this
  chapter has been in existence continuously from a date prior to the date
  when a building on the same street or avenue and within two hundred feet
  of  said  premises  has  been  occupied exclusively as a school, church,
  synagogue or other place of worship.
    (b) Within the context of this subdivision, the word "entrance"  shall
  mean  a  door  of  a  school,  of a house of worship, or of the premises
  sought to be licensed, regularly used to give ingress to students of the
  school, to the general public attending the place  of  worship,  and  to
  patrons  or  guests of the premises proposed to be licensed, except that
  where  a  school  or  house  of  worship  is  set  back  from  a  public
  thoroughfare,  the  walkway  or stairs leading to any such door shall be
  deemed an entrance; and the measurement shall be taken to the center  of
  the  walkway  or stairs at the point where it meets the building line or
  public thoroughfare. A door which has no exterior hardware, or which  is
  used  solely  as an emergency or fire exit, or for maintenance purposes,
  or which leads directly to a part of a building not  regularly  used  by
  the general public or patrons, is not deemed an "entrance".
    (c)  Within  the context of this subdivision, a building occupied as a
  place of worship does not cease to be "exclusively" occupied as a  place
  of  worship  by incidental uses that are not of a nature to detract from
  the predominant character of the building as a place  of  worship,  such
  uses which include, but which are not limited to: the conduct of legally
  authorized  games  of  bingo or other games of chance held as a means of
  raising  funds  for  the  not-for-profit  religious  organization  which
  conducts  services  at  the place of worship or for other not-for-profit
  organizations  or  groups;  use  of  the   building   for   fund-raising
  performances    by   or   benefitting   the   not-for-profit   religious
  organizations which conducts services at the place of worship  or  other
  not-for-profit organizations or groups; the use of the building by other
  religious  organizations  or  groups  for  religious  services  or other
  purposes; the conduct of social activities by or for the benefit of  the
  congregants;  the use of the building for meetings held by organizations
  or groups providing bereavement counseling to  persons  having  suffered
  the  loss  of a loved one, or providing advice or support for conditions
  or diseases including, but not limited to, alcoholism,  drug  addiction,
  cancer, cerebral palsy, Parkinson's disease, or Alzheimer's disease; the
  use  of  the  building  for  blood  drives,  health  screenings,  health
  information meetings, yoga classes, exercise classes or other activities
  intended to promote the health of the congregants or other persons;  and
  use  of  the  building  by  non-congregant  members of the community for
  private social functions. The building occupied as a  place  of  worship
  does  not cease to be "exclusively" occupied as a place of worship where
  the not-for-profit religious organization occupying the place of worship
  accepts the payment of funds to defray costs related to another  party's
  use of the building.
    5.   No  retail  licensee  of  liquor  and/or  wine  for  off-premises
  consumption shall keep upon the licensed  premises  any  liquors  and/or
  wines  in  any cask, barrel, keg, hogshead or other container, except in
  the original sealed  package,  as  received  from  the  manufacturer  or
  wholesaler.  Such  containers  shall have affixed thereto such labels as
  may be required by the rules of the liquor authority, together with  all
  necessary  federal  revenue  and  New  York  state excise tax stamps, as
  required by law. Such containers shall not be opened  nor  its  contents
  consumed  on  the  premises  where  sold, except for the purpose of wine
  tasting or sampling by any person pursuant to authorization  to  conduct
  such  a  sampling  or  tasting  pursuant  to  subdivision two of section
  seventy-six of this chapter except those to whom sales are prohibited in
  section sixty-five of this chapter.
    6. Each person licensed to sell liquor and/or  wine  for  off-premises
  consumption  shall  have  painted  on  the  front window of the licensed
  premises, the name of the licensee together with the  inscription,  "New
  York  State  Retail  Liquor or Wine Store License No. .........," as the
  case may be, in uniform letters not less than three and one-half  inches
  in height.
    7.  No  sign of any kind printed, painted or electric, advertising any
  brand of liquors or wines shall be permitted on the exterior or interior
  of such premises, except by permission of the liquor authority.
    8. No retail licensee, for off-premises consumption,  shall  transport
  liquors or wines in any vehicle owned and operated or hired and operated
  by  such  retail  licensee, for off-premises consumption, except liquors
  and wines transported to the home of a purchaser not to be resold by the
  purchaser, unless there shall be attached  to  or  inscribed  upon  both
  sides  of  such  vehicle  a  sign,  showing  the name and address of the
  licensee together with the following inscription, "New York State Retail
  Liquor or Wine Store License No. . . . . . . . . . ," as  the  case  may
  be,  in  uniform  letters  not  less  than  three and one-half inches in
  height, except deliveries may be made in passenger type  vehicles  owned
  by  the  licensee and operated by the licensee or his agent, or hired by
  the  licensee  and  operated  by the licensee or his agent, provided the
  person  making  the  delivery  shall  have  upon  his  person  while  so
  delivering  a  photostatic  copy  of  the  current license issued by the
  authority. In lieu of such sign, a retail licensee may have in  the  cab
  of  such vehicle a photostatic copy of its current license issued by the
  authority, and such copy duly authenticated by the authority.
    9. No retail licensee for off-premises consumption shall  deliver  any
  liquors or wines except in vehicles owned and operated by such licensee,
  or hired and operated by such licensee from a trucking or transportation
  company  registered  with the liquor authority, and shall only make such
  deliveries at the premises of the purchaser.
    10. (a) Each retail licensee of liquor and/or  wine  for  off-premises
  consumption  shall  have  conspicuously displayed within the interior of
  the licensed premises where sales are made and where it can  be  readily
  inspected  by consumers a printed price list of the liquors and/or wines
  offered for sale therein; and no liquor and/or wine shall be sold except
  at the price set forth in such list;
    (b) No screen, blind, curtain, partition, article or  thing  shall  be
  permitted  in  the  windows or upon the doors of such licensed premises,
  which shall prevent a clear view into  the  interior  of  such  licensed
  premises from the sidewalk, at all times; and
    (c)  No  booth,  screen,  partition  or  other  obstruction  shall  be
  permitted in the interior of said licensed premises.
    11.  No  retail  licensee  of  liquor  and/or  wine  for  off-premises
  consumption  shall keep or permit to be kept upon the licensed premises,
  any liquors and/or wines  in  any  unsealed  bottle  or  other  unsealed
  container,  except  for  the  purpose of wine tasting or sampling by any
  person pursuant to authorization to conduct such a sampling  or  tasting
  pursuant  to  subdivision  two  of  section  seventy-six of this chapter
  except those to whom sales are prohibited in section sixty-five of  this
  chapter.
    12.  No  retail  licensee  of  liquor  and/or  wine  for  off-premises
  consumption shall sell or deliver any liquors and/or wines to any person
  with knowledge of, or with reasonable cause to believe, that the  person
  to whom such liquors and/or wines are so sold or delivered, has acquired
  the  same  for  the  purpose of peddling them from place to place, or of
  selling or giving them away in  violation  of  the  provisions  of  this
  chapter  or  in  violation  of  the  rules and regulations of the liquor
  authority.
    14.  (a)  No  premises  licensed  to  sell  liquor  and/or  wine   for
  off-premises consumption shall be permitted to remain open:
    (i)  On  Sunday  before  twelve  o'clock  post meridian and after nine
  o'clock post meridian.
    (ii) On any day between midnight and eight o'clock antemeridian.
    (iii) On the twenty-fifth day of December, known as Christmas day.
    In any community where daylight saving time is in  effect,  such  time
  shall be deemed the standard time for the purpose of this subdivision.
    (b) This subdivision shall only be interpreted to prohibit the sale of
  liquor and/or wine for off-premises consumption when it is closed to the
  public,  provided  however,  retail  licensees  may  undertake all other
  activities allowed during  the  course  of  normal  business  operations
  including but not limited to:
    (i) placing orders with or taking deliveries from wholesalers;
    (ii) meeting with individuals who have valid solicitors permits issued
  by the liquor authority;
    (iii) stocking shelves;
    (iv) filling or building displays; and
    (v) rotating product on store shelves.
    15.  Each  retail licensee for off-premises consumption shall keep and
  maintain upon the licensed premises, adequate books and records  of  all
  transactions  involving  the business transacted by such licensee, which
  shall show the amount of liquors and wines, purchased by  such  licensee
  together  with  the names, license numbers and places of business of the
  persons from whom the same were purchased, and the  amount  involved  in
  such  purchases, as well as the amount of liquors or wines, sold by such
  licensee, and the amount involved in each sale. Such books  and  records
  shall  be  available  for inspection by any authorized representative of
  the liquor authority.
    16. No retail licensee to sell liquors and/or wines  for  off-premises
  consumption shall be interested, directly or indirectly, in any premises
  where  liquors,  wines  or beer are manufactured or sold at wholesale or
  any  other  premises  where  liquor  or  wine  is  sold  at  retail  for
  off-premises  consumption,  by  stock ownership, interlocking directors,
  mortgage or lien on any personal or real property or by any other means.
  Any lien, mortgage or other interest or estate,  however,  now  held  by
  such   retailer  on  or  in  the  personal  or  real  property  of  such
  manufacturer or wholesaler, which mortgage, lien, interest or estate was
  acquired  on  or  before   December   thirty-first,   nineteen   hundred
  thirty-two,  shall  not  be  included  within  the  provisions  of  this
  subdivision; provided, however, the burden of establishing the  time  of
  the  accrual  of the interest comprehended by this subdivision, shall be
  upon the person  who  claims  to  be  entitled  to  the  protection  and
  exemption afforded hereby.
    17.  No  retail  licensee  for  off-premises consumption shall make or
  cause to be made any loan to any person engaged in  the  manufacture  or
  sale  of liquors, wines or beer at wholesale. No retail licensee to sell
  liquors and/or wines for off-premises consumption shall make or cause to
  be made any loan to any person engaged in the  manufacture  or  sale  of
  liquors, wines or beer at wholesale or to any person engaged in the sale
  of liquors and/or wines at retail for off-premises consumption.
    18.  A  drug  store  holding a permit to sell liquors and/or wines for
  off-premises consumption pursuant to this chapter shall  be  subject  to
  the following conditions:
    (a)  Liquors  and/or  wines  sold  by  it shall not be consumed on the
  premises where sold  or  in  any  outbuilding,  yard,  booth  or  garden
  appertaining thereto or connected therewith.
    (b) Such permittee shall keep and maintain upon the licensed premises,
  adequate  books  and records, which shall show the amount of liquors and
  wines, in gallons, purchased by such permittee together with the  names,
  license  numbers  and  places  of business, of the persons from whom the
  same were purchased and the amount involved  in  such  purchases,  which
  books  and  records  shall be available for inspection by any authorized
  representative of the liquor authority.
    (c) No liquor or wine shall be displayed in any window of the premises
  designated in the drug store permit.
    (d) No drug store permittee shall use any placard or card  advertising
  the   sale   of  any  liquor  or  wine  unless  such  card,  placard  or
  advertisement shall conspicuously state that the sale of liquor or  wine
  in  the  said premises designated in the drug store permit is limited to
  medicinal liquor to be sold by prescription only.
    20. Each retail licensee of liquor and/or  wine  shall  designate  the
  price  of  each  item  of  liquor  or  wine by attaching to or otherwise
  displaying immediately adjacent to  each  such  item  displayed  in  the
  interior of the licensed premises where sales are made a price tag, sign
  or  placard  setting  forth  the bottle price at which each such item is
  offered for sale therein.
    21.  No  retail license to sell liquor and/or wine for consumption off
  the premises shall be granted for any public billiard or pocket billiard
  room, or for establishments of any description  in  which  billiards  is
  played or which maintains any apparatus or paraphernalia for the playing
  of  billiards  or pocket billiards and is conducted as a public place of
  business for profit. Notwithstanding any prohibition to the contrary,  a
  license  may  be  issued to an establishment wherein billiards or pocket
  billiards are played or may be played on a table which measures not more
  than three feet by six feet provided that not more than two such  tables
  are  in  the establishment at any one time and further provided that the
  cue sticks used, and available for use, are made of light plexiglass  or
  some similar light material.
    22.  No  person  licensed  to  sell  alcoholic beverages at retail for
  off-premises consumption, shall suffer or permit any gambling, or  offer
  any  gambling on the licensed premises, or suffer or permit illicit drug
  activity on the licensed premises. The use of the licensed  premises  or
  any  part  thereof for the sale of lottery tickets, when duly authorized
  and lawfully conducted thereon, shall not constitute gambling within the
  meaning of this subdivision.
    23. All premises licensed  under  sections  fifty-four,  fifty-four-a,
  sixty-three  and  seventy-nine  of  this  chapter  shall  be  subject to
  inspection by any peace officer described in subdivision four of section
  2.10 of the criminal  procedure  law  acting  pursuant  to  his  special
  duties,  or  police officer or any duly authorized representative of the
  state liquor authority, during the hours when the said premises are open
  for the transaction of business.

   S 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 retail on Sunday between
  three   antemeridian   and   eight   antemeridian.   Persons,  firms  or
  corporations holding licenses and/or permits issued under the provisions
  of the alcoholic beverage control law permitting the  sale  of  beer  at
  retail,  may  sell  such  beverages  at  retail  on  Sunday before three
  antemeridian and after eight antemeridian for  off-premises  consumption
  to persons making purchases at the licensed premises to be taken by them
  from the licensed premises.
    2.  Notwithstanding the provisions of subdivision one of this section,
  the authority shall allow a  brewer,  once  per  annum,  and  after  the
  property  owner  obtains  a  permit  under  section ninety-seven of this
  chapter,  to  sell  or  offer  at  no  cost  beer,  beginning  at  eight
  antemeridian and ending at the hours fixed by or pursuant to subdivision
  five  of  section  one hundred six of this article, at the following two
  locations in the city of  Utica,  county  of  Oneida,  and  bounded  and
  described as follows:
  PARCEL I
    Beginning  at the northwest corner of the beer storage building at the
  corner of Edward Street and Wasmer Street and proceeding northerly for a
  distance of 76 feet 1 inch; thence 128  feet  5  inches  easterly  along
  Wasmer  Street; thence continuing along said Wasmer Street northeasterly
  for a distance of 202 feet 10 inches to the corner of Wasmer Street  and
  Hamilton Street.
    Thence  northerly  along  Hamilton  Street for a distance of 46 feet 8
  inches to the intersection  of  Columbia  Street.  Thence  northwesterly
  along  Columbia  Street  for  a  distance  of  233 feet 6 inches. Thence
  southwesterly for a distance of 77 feet 7  inches  to  a  fence.  Thence
  northwesterly  for  a  distance  of  62  feet and thence southwesterly a
  distance of 10 feet 6 inches to the southeastern corner of  the  brewery
  garage.
    Thence,  following  the  garage's  perimeter: first in a southwesterly
  direction for a distance of 133 feet 2 inches to the southwest corner of
  the garage; thence in a northwesterly direction for  a  distance  of  22
  feet 5 inches; and thence in a northeasterly direction for a distance of
  11  feet  2  inches, then in a northwesterly direction for a distance of
  100 feet, to a fence just before the sidewalk on Schuyler Street; thence
  southwesterly for a distance of 234 feet 5 inches to  the  Brewery  main
  complex.
    Thence  following  the  perimeter  of  the  brewery  complex buildings
  southeast for a distance of  82  feet  8  inches,  northeasterly  for  a
  distance of 81 feet 11 inches; thence southeasterly for a distance of 85
  feet  3 inches; thence northeasterly for a distance of 21 feet 6 inches;
  and thence southeasterly for a distance of  96  feet  8  inches  to  the
  northwestern corner of the shipping office.
    From the northwestern corner of the shipping office, southeasterly for
  a  distance  of 33 feet 9 inches; thence southwesterly for a distance of
  37 feet 8 inches; thence southeasterly for  a  distance  of  65  feet  8
  inches;  thence  southerly  for  a  distance of 27 feet 4 inches; thence
  easterly for a distance of 33 feet, to the point or place of beginning.
  PARCEL II
    Beginning at the  iron  fence  which  is  26  feet  northwest  of  the
  southwest  corner  of the tour center on Court Street; thence 66 feet, 7
  inches northeast, 11 feet 7 inches northwest to the west corner  of  the
  tour  center  parking  lot  stairs.  Proceeding northeasterly 71 feet 10
  inches, thence northwesterly 19  feet  10  inches  to  the  southeastern
  corner of the boiler room building. Thence northwesterly 161 feet; south
  by  southwest  80 feet; southwest 58 feet 5 inches and finally southeast
  155 feet to the point or place of beginning.

  S 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
  premises,  a  sign  or  poster  with  conspicuous lettering that states:
  "Government Warning: According to the Surgeon General, women should  not
  drink  alcoholic beverages during pregnancy because of the risk of birth
  defects".  Such sign or poster must have  conspicuous  lettering  in  at
  least seventy-two point bold face type that states the warning set forth
  in  this subdivision, except that such sign or poster shall be captioned
  with the word "warning" in at least two inch lettering.
    2. 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 premises shall display in  a  conspicuous  place
  the sign or poster upon receiving it from the authority. Such sign shall
  be  placed  as  close as possible to the place where alcoholic beverages
  are sold.
    3. Any person with such license who violates the  provisions  of  this
  section  shall  be subject to a civil penalty, not to exceed one hundred
  dollars for each day of violation.
    4.  Compliance with the provisions of  any  local  law  requiring  the
  posting  of  signs  containing  warnings  regarding  alcoholic beverages
  enacted on or before the date on which the provisions  of  this  section
  shall  have  become  a law, shall be deemed to be in compliance with the
  provisions of this section. Nothing contained herein, however, shall  be
  deemed to exempt any licensee not otherwise subject to the provisions of
  any such local law from complying with the provisions of this section.

 S 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,  management  agreement  or  other  agreement giving the
  applicant control over  the  food  and  beverage  at  the  premises,  in
  writing,  for  a  term not less than the license period except, however,
  that such license may thereafter be renewed without the requirement of a
  lease, management agreement or  other  agreement  giving  the  applicant
  control  over the food and beverage at the premises, as herein provided.
  This subdivision shall not apply  to  premises  leased  from  government
  agencies, as defined under subdivision twelve-c of section three of this
  chapter;  provided,  however, that the appropriate administrator of such
  government agency provides some form of written documentation  regarding
  the  terms  of  occupancy  under  which  the  applicant  is leasing said
  premises from the government agency for presentation to the state liquor
  authority at the time of the  license  application.  Such  documentation
  shall  include  the  terms  of  occupancy  between the applicant and the
  government agency, including, but not limited to, any short-term leasing
  agreements or written occupancy agreements.
    2.  (a)  No  retail  licensee  for  on-premises  consumption,   except
  corporations  operating  railroad  cars  or  aircraft  being operated on
  regularly scheduled flights by a United States certificated  airline  or
  persons  or  corporations  operating  a hotel, as defined in subdivision
  fourteen of section three of this chapter,  for  exclusive  use  in  the
  furnishing  of  room  service  in  the  manner  prescribed  by  rule  or
  regulation of the state liquor authority, shall keep upon  the  licensed
  premises  any liquors and/or wines in any cask, barrel, keg, hogshead or
  other container, except in the original sealed package as received  from
  the  manufacturer  or  wholesaler.  Such  containers  shall have affixed
  thereto such labels as may be  required  by  the  rules  of  the  liquor
  authority,  together  with  all  necessary  federal revenue and New York
  state  excise  stamps  as  required  by  law.  No  retail  licensee  for
  on-premises  consumption  shall  reuse, refill, tamper with, adulterate,
  dilute or fortify the contents of any container of  alcoholic  beverages
  as received from the manufacturer or wholesaler.
    (b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this
  subdivision, a retail licensee for on-premises consumption  may  prepare
  and  keep  drinks containing alcoholic beverages in dispensing machines,
  having capacities of not less than a gallon, which continually mix  such
  drinks.
    3.  No retail licensee for on-premises consumption shall sell, deliver
  or give away, or cause or permit or procure to  be  sold,  delivered  or
  given  away  any  liquors  and/or wines for consumption off the premises
  where sold.
    4. (a) No liquors and/or wines shall be sold  or  served  in  premises
  licensed  under  section  sixty-four or clause (a) of subdivision six of
  section sixty-four-a of this chapter, except at tables where food may be
  served and except  as  provided  by  subdivision  four  of  section  one
  hundred.
    (b)  No  liquors  and/or  wines  shall  be  sold or served in premises
  licensed under clause (b) of subdivision six of section sixty-four-a  of
  this  chapter,  except at such times and upon such conditions and by the
  use of such facilities as  the  liquor  authority,  by  regulation,  may
  prescribe  with  due  regard  to  the  convenience of the public and the
  strict avoidance of sales prohibited by this chapter.
    4-a. No beer shall be sold or  served  at  a  bar,  counter  or  other
  similar  contrivance  unless  a  card,  sign  or  plate,  visible to the
  customer, upon which the name of the brewer is conspicuously and legibly
  displayed, is annexed or affixed to the tap or  faucet  from  which  the
  beer is drawn.
    5.  No  alcoholic  beverages  shall be sold, offered for sale or given
  away upon any premises licensed to sell alcoholic  beverages  at  retail
  for on-premises consumption, during the following hours:
    (a) Sunday, from four ante meridiem to twelve noon.
    (b)  On  any  other  day  between  four  ante  meridiem and eight ante
  meridiem.
    Unless otherwise approved by the  authority  pursuant  to  subdivision
  eleven  of  section  seventeen  of this chapter, where any rule has been
  adopted  in  a  county  on  or  before  April  first,  nineteen  hundred
  ninety-five,  further  restricting  the  hours  of  sale  for  alcoholic
  beverages, such restricted hours shall be the hours,  during  which  the
  sale  of alcoholic beverages at retail for on-premises consumption shall
  not be permitted within such county.
    Nor shall any person be permitted to consume any  alcoholic  beverages
  upon  any  such premises later than one-half hour after the start of the
  prohibited hours of sale provided for in this section.
    6. No person licensed to sell  alcoholic  beverages  shall  suffer  or
  permit  any  gambling on the licensed premises, or suffer or permit such
  premises to become disorderly. The use of the licensed premises, or  any
  part thereof, for the sale of lottery tickets, playing of bingo or games
  of  chance,  or as a simulcast facility or simulcast theater pursuant to
  the racing, pari-mutuel wagering and breeding law, when duly  authorized
  and lawfully conducted thereon, shall not constitute gambling within the
  meaning of this subdivision.
    6-a.  No  retail  licensee for on-premises consumption shall suffer or
  permit any person to appear on  licensed  premises  in  such  manner  or
  attire  as  to expose to view any portion of the pubic area, anus, vulva
  or genitals, or any simulation thereof, nor shall suffer or  permit  any
  female  to  appear  on  licensed premises in such manner or attire as to
  expose to view any portion of the breast below the top of the areola, or
  any simulation thereof.
    6-b. No retail licensee for on-premises consumption  shall  suffer  or
  permit  any contest or promotion which endangers the health, safety, and
  welfare of any person with dwarfism. Any retail licensee in violation of
  this section shall be subject to the suspension or  revocation  of  said
  licensee's   license   to   sell  alcoholic  beverages  for  on-premises
  consumption. For the purposes of this section, the term "dwarfism" means
  a condition of being abnormally  small  which  is  caused  by  heredity,
  endocrine  dysfunction,  renal  insufficiency  or deficiency or skeletal
  diseases that result in disproportionate short stature and adult  height
  of less than four feet ten inches.
    6-c.  (a) No retail licensee for on-premises consumption shall suffer,
  permit or promote an event  on  its  premises  wherein  the  contestants
  deliver,  or  are  not  forbidden  by  the applicable rules thereof from
  delivering kicks, punches or blows  of  any  kind  to  the  body  of  an
  opponent   or  opponents,  whether  or  not  the  event  consists  of  a
  professional match or exhibition, and whether or not the  event  or  any
  such act, or both, is done for compensation.
    (b)  The  prohibition  contained in paragraph (a) of this subdivision,
  however, shall not be applied to any professional  match  or  exhibition
  which consists of boxing, sparring, wrestling, or martial arts and which
  is  excepted from the definition of the term "combative sport" contained
  in subdivision one of section five-a of chapter nine hundred  twelve  of
  the laws of nineteen hundred twenty, as added by chapter fourteen of the
  laws of nineteen hundred ninety-seven.
    (c)  In  addition to any other penalty provided by law, a violation of
  this subdivision shall constitute an adequate ground for  instituting  a
  proceeding  to  suspend, cancel or revoke the license of the violator in
  accordance with the  applicable  procedures  specified  in  section  one
  hundred nineteen of this article.
    7.  Except  where  a  permit  to do so is obtained pursuant to section
  405.10 of the penal law, no retail licensee for on-premises  consumption
  shall  suffer,  permit,  or promote an event on its premises wherein any
  person shall use, explode, or cause to explode, any fireworks  or  other
  pyrotechnics  in a building as defined in paragraph e of subdivision one
  of section 405.10 of the penal law,  that  is  covered  by  such  retail
  license  or  possess such fireworks or pyrotechnics for such purpose. In
  addition to any other penalty provided  by  law,  a  violation  of  this
  subdivision  shall  constitute  an  adequate  ground  for  instituting a
  proceeding to suspend, cancel, or revoke the license of the violator  in
  accordance  with  the  applicable  procedures  specified  in section one
  hundred nineteen of this article. Provided however,  if  more  than  one
  retail licensee is participating in a single event, upon approval by the
  authority, only one retail licensee must obtain such permit.
    8.  A club or a luncheon club licensed to sell alcoholic beverages for
  on-premises consumption shall be permitted to sell such  beverages  only
  to its members and to their guests accompanying them.
    9. No restaurant and no premises licensed to sell liquors and/or wines
  for  on-premises  consumption  under  clause  (a)  of subdivision six of
  section sixty-four-a of this chapter shall  be  permitted  to  have  any
  opening or means of entrance or passageway for persons or things between
  the  licensed  premises  and  any  other  room  or place in the building
  containing the licensed premises, or any adjoining or abutting premises,
  unless such licensed premises are in a building  used  as  a  hotel  and
  serves  as  a  dining  room  for  guests  of  such hotel, or unless such
  premises are a bona fide restaurant with such  access  for  patrons  and
  guests  from any part of such building or adjoining or abutting premises
  as shall serve public convenience in a reasonable and  suitable  manner;
  or  unless such licensed premises are in a building owned or operated by
  any county, town, city, village or public authority or agency, in a park
  or other similar place of public accommodation. All glass in any  window
  or  door  on  said  licensed  premises  shall  be clear and shall not be
  opaque, colored, stained or frosted.
    10. A vessel licensed to sell liquors  and/or  wines  for  on-premises
  consumption  shall  not  be  permitted to sell any liquors and/or wines,
  while said vessel is moored to a  pier  or  dock,  except  that  vessels
  sailing  on  established  schedules  shall  be permitted to sell liquors
  and/or wines for a period of three hours prior to the regular advertised
  sailing time.
    11. A railroad car or aircraft being operated on  regularly  scheduled
  flights by a United States certificated airline licensed to sell liquors
  and/or  wines  for  on-premises  consumption  shall be permitted to sell
  liquors and/or wines only to passengers and  while  in  actual  transit,
  except  that a railroad operating licensed cars shall be allowed to sell
  liquors and/or wines from portable carts located  on  station  platforms
  located  at  Penn  Station, Grand Central Station, Jamaica, Hunterspoint
  Avenue or Flatbush from which such licensed railroad cars depart.
    12. Each retail licensee for on-premises consumption  shall  keep  and
  maintain   upon   the   licensed   premises,  adequate  records  of  all
  transactions involving the business transacted by  such  licensee  which
  shall  show  the amount of alcoholic beverages, in gallons, purchased by
  such licensee together with the names, license  numbers  and  places  of
  business  of  the  persons from whom the same were purchased, the amount
  involved in such purchases, as well as the sales of alcoholic  beverages
  made  by  such  licensee.  The  liquor authority is hereby authorized to
  promulgate rules and  regulations  permitting  an  on-premises  licensee
  operating  two  or  more  premises separately licensed to sell alcoholic
  beverages for on-premises consumption to inaugurate or  retain  in  this
  state  methods  or  practices  of  centralized  accounting, bookkeeping,
  control records, reporting, billing,  invoicing  or  payment  respecting
  purchases,  sales  or  deliveries of alcoholic beverages, or methods and
  practices of centralized  receipt  or  storage  of  alcoholic  beverages
  within  this  state  without  segregation  or  earmarking  for  any such
  separately licensed premises, wherever such methods and practices assure
  the availability, at such licensee's central  or  main  office  in  this
  state,  of  data  reasonably needed for the enforcement of this chapter.
  Such records  shall  be  available  for  inspection  by  any  authorized
  representative of the liquor authority.
    13.   No   retail   licensee  for  on-premises  consumption  shall  be
  interested, directly or indirectly, in any premises where liquors, wines
  or beer are manufactured or  sold  at  wholesale,  by  stock  ownership,
  interlocking  directors,  mortgage  or  lien  on  any  personal  or real
  property or by any other means, except that liquors, wines or  beer  may
  be   manufactured  or  sold  wholesale  by  the  person  licensed  as  a
  manufacturer  or  wholesaler  thereof  on  real  property  owned  by  an
  interstate  railroad corporation or a United States certificated airline
  with a retail license for on-premises consumption,  or  on  premises  or
  with  respect to a business constituting an overnight lodging and resort
  facility located wholly within the boundaries of the town of North Elba,
  county of Essex, township eleven, Richard's survey,  great  lot  numbers
  two  hundred seventy-eight, two hundred seventy-nine, two hundred eight,
  two hundred ninety-eight, two hundred ninety-nine, three hundred,  three
  hundred  eighteen,  three  hundred nineteen, three hundred twenty, three
  hundred thirty-five and three hundred thirty-six, and  township  twelve,
  Thorn's  survey,  great  lot  numbers  one  hundred  six and one hundred
  thirteen, as shown on the Adirondack map, compiled by  the  conservation
  department  of  the  state  of  New  York  - nineteen hundred sixty-four
  edition, in the Essex county atlas at page  twenty-seven  in  the  Essex
  county  clerk's  office,  Elizabethtown,  New  York,  provided that such
  facility maintains not less than two hundred fifty rooms and suites  for
  overnight  lodging, or on premises or with respect to the operation of a
  restaurant in an office building located in a city having  a  population
  of  five  hundred  thousand or more and in which is located the licensed
  premises of such manufacturer or wholesaler, provided that the building,
  the interior of the retail premise and the rental therefor fully  comply
  with  the  criteria  set  forth in paragraph two of subdivision three of
  section one hundred one of this article, any such premises  or  business
  located  on  that  tract  or parcel of land, or any subdivision thereof,
  situate in the Village of Lake Placid, Town of North Elba, Essex County,
  New York; it being also a part of Lot No.   279, Township  No.  11,  Old
  Military  Tract,  Richard's  Survey; it being also all of Lot No. 23 and
  part of Lot No. 22 as shown and designated on  a  certain  map  entitled
  "Map  of  Building Sites for Sale by B.R. Brewster" made by G.T. Chellis
  C.E. in 1892; also being PARCEL No. 1 on  a  certain  map  of  lands  of
  Robert  J.  Mahoney  and  wife  made by G.C. Sylvester, P.E.   & L.S.  #
  21300, dated August 4, 1964, and  filed  in  the  Essex  County  Clerk's
  Office  on  August 27, 1964, and more particularly bounded and described
  as follows; BEGINNING at the intersection of  the  northerly  bounds  of
  Shore  Drive  (formerly  Mirror Street) with the westerly bounds of Park
  Place (formerly Rider Street) which point is also the  northeast  corner
  of  Lot  No. 23, from thence South 21°50' East in the westerly bounds of
  Park Place a distance of 119 feet, more or less, to a lead plug  in  the
  edge  of the sidewalk marking the southeast corner of Lot No. 23 and the
  northeast corner of Lot No. 24;  from  thence  South  68°00'50"  West  a
  distance  of 50.05 feet to an iron pipe set in concrete at the corner of
  Lots 23 and 22; from thence South 65°10'50" West a distance of 7.94 feet
  along the south line of Lot No. 22 to an iron pipe for  a  corner;  from
  thence  North  23°21'40"  West and at 17.84 feet along said line passing
  over a drill hole in a concrete sidewalk,  and  at  68.04  feet  further
  along  said  line  passing  over  an  iron pipe at the southerly edge of
  another sidewalk, and at 1.22 feet further along said line passing  over
  another  drill hole in a sidewalk, a total distance of 119 feet, more or
  less, to the northerly line of Lot No. 22; from thence easterly  in  the
  northerly  line  of  Lot 22 and 23 to the northeast corner of Lot No. 23
  and the point of beginning. Also including the lands to  the  center  of
  Shore Drive included between the northerly straight line continuation of
  the  side lines of the above described parcel, and to the center of Park
  Place, where they abut the above described premises SUBJECT to  the  use
  thereof  for  street  purposes.  Being  the  same  premises  conveyed by
  Morestuff, Inc. to  Madeline  Sellers  by  deed  dated  June  30,  1992,
  recorded  in  the  Essex  County Clerk's Office on July 10, 1992 in Book
  1017 of Deeds at Page 318, or any such premises or business  located  on
  that  certain  piece  or  parcel  of  land,  or any subdivision thereof,
  situate, lying and being in the Town of Plattsburgh, County of  Clinton,
  State  of  New York and being more particularly bounded and described as
  follows: Starting at an iron pipe found in the easterly  bounds  of  the
  highway known as the Old Military Turnpike, said iron pipe being located
  910.39 feet southeasterly, as measured along the easterly bounds of said
  highway,  from  the  southerly bounds of the roadway known as Industrial
  Parkway West, THENCE running S 31° 54' 33" E along the  easterly  bounds
  of  said Old Military Turnpike Extension, 239.88 feet to a point marking
  the beginning of a curve concave to the  west;  thence  southerly  along
  said  curve, having a radius of 987.99 feet, 248.12 feet to an iron pipe
  found marking the  point  of  beginning  for  the  parcel  herein  being
  described, said point also marked the southerly corner of lands of Larry
  Garrow,  et  al, as described in Book 938 of Deeds at page 224; thence N
  07° 45' 4" E along the easterly bounds of said Garrow, 748.16 feet to  a
  3"x4" concrete monument marking the northeasterly corner of said Garrow,
  the  northwesterly  corner of the parcel herein being described and said
  monument also marking the southerly bounds of lands of  Salerno  Plastic
  Corp.  as  described  in Book 926 of Deeds at Page 186; thence S 81° 45'
  28" E along a portion of the southerly bounds of  said  Salerno  Plastic
  Corp., 441.32 feet to an iron pin found marking the northeasterly corner
  of  the  parcel  herein  being  described and also marking the northwest
  corner of the remaining lands now or formerly owned  by  said  Marx  and
  Delaura;  thence  S 07° 45' 40" W along the Westerly bounds of lands now
  of formerly of said Marx and DeLaura and along the  easterly  bounds  of
  the  parcel herein being described, 560.49 feet to an iron pin; thence N
  83° 43' 21" W along a portion of the remaining lands of  said  Marx  and
  DeLaura,  41.51  feet  to  an  iron pin; thence S 08° 31' 30" W, along a
  portion of the remaining lands of said Marx and Delaura, 75.01  feet  to
  an iron pin marking northeasterly corner of lands currently owned by the
  Joint  Council  for  Economic  Opportunity  of  Plattsburgh  and Clinton
  County, Inc. as described in Book 963 of Deeds at Page 313; thence N 82°
  20' 32" W along a portion of the  northerly  bounds  of  said  J.C.E.O.,
  173.50  feet  to  an  iron pin; thence 61° 21' 12" W, continuing along a
  portion of the northerly bounds of said J.C.E.O., 134.14 feet to an iron
  pin; thence S 07° 45' 42" W along the westerly bounds of said  J.C.E.O.,
  50  feet  to  an iron pin; thence S 66° 48' 56" W along a portion of the
  northerly bounds of remaining lands of said  Marx  and  DeLaura,  100.00
  feet  to  an  iron  pipe  found  on the easterly bounds of the aforesaid
  highway, said from pipe also being located on a  curve  concave  to  the
  west;  thence running and running northerly along the easterly bounds of
  the aforesaid highway and being along said curve, with the curve  having
  a  radius  of  987.93  feet,  60.00  feet  to the point of beginning and
  containing 6.905 acres of land. Being the same premises as  conveyed  to
  Ronald  Marx and Alice Marx by deed of CIT Small Business Lending Corp.,
  as agent of the administrator, U.S. Small  Business  Administration,  an
  agency  of  the  United  States  Government dated September 10, 2001 and
  recorded in the office of the Clinton County Clerk on September 21, 2001
  as Instrument #135020, or any such premises  or  businesses  located  on
  that  certain plot, piece or parcel of land, situate, lying and being in
  the Second Ward of the City of Schenectady, on  the  Northerly  side  of
  Union Street, bounded and described as follows: to wit; Beginning at the
  Southeasterly  corner of the lands lately owned by Elisha L. Freeman and
  now by Albert Shear; and running from thence Easterly along the line  of
  Union  Street, 44 feet to the lands now owned by or in the possession of
  James G. Van Vorst; thence Northerly in a straight line along  the  last
  mentioned  lands  and  the  lands of the late John Lake, 102 feet to the
  lands of one Miss Rodgers; thence Westerly along the line  of  the  last
  mentioned  lands  of  said  Rodgers  to the lands of the said Shear; and
  thence Southerly along the lands of said Shear 101  feet,  6  inches  to
  Union Street, the place of beginning.
    Also  all  that  tract  or parcel of land, with the buildings thereon,
  situate in the City of Schenectady, County of Schenectady, and State  of
  New  York,  situate  in  the First, formerly the Second Ward of the said
  City, on the Northerly side of  Union  Street,  which  was  conveyed  by
  William  Meeker  and  wife to Elisha L. Freeman by deed dated the second
  day of December 1843, and recorded in the Clerk's Office of  Schenectady
  County on December 5, 1843, in Book V of Deeds at page 392, which lot in
  said  deed  is bounded and described as follows: Beginning at a point in
  the Northerly line of Union  Street  where  it  is  intersected  by  the
  Easterly  line  of  property  numbered 235 Union Street, which is hereby
  conveyed, and running thence Northerly along the Easterly line  of  said
  property,  One  Hundred  Forty  and  Five-tenths (140.5) feet to a point
  sixteen (16) feet Southerly from the Southerly line of  the  new  garage
  built  upon  land  adjoining on the North; thence Westerly parallel with
  said garage, Forty-six and Seven-tenths (46.7)  feet;  thence  Southerly
  One Hundred Forty and Eighty-tenths (140.8) feet to the Northerly margin
  of  Union  Street;  thence  Easterly along the Northerly margin of Union
  Street, about Forty-eight and three-tenths (48.3) feet to the  point  or
  place of beginning.
    The  two  above  parcels  are  together more particularly described as
  follows:
    All that parcel of land in the City  of  Schenectady  beginning  at  a
  point  in  the  northerly  margin  of  Union Street at the southwesterly
  corner of lands now or formerly of Friedman (Deed Book 636 at page  423)
  which  point  is  about  60  feet westerly of the westerly line of North
  College Street and runs thence N. 86 deg. 42' 20" W. 92.30 feet  to  the
  southeasterly  corner  of  other lands now or formerly of Friedman (Deed
  Book 798 at page 498); thence N. 04 deg. 06' 48" E. 140.50 feet  to  the
  southwesterly  corner  of  lands  now or formerly of Stockade Associates
  (Deed Book 1038 at page 521); thence S. 87 deg. 05' 27" E. 46.70 feet to
  lands now or formerly at McCarthy (Deed Book 1129 at page  281);  thence
  along  McCarthy  S.  00  deg.  52' 02" E. 3.69 feet to the northwesterly
  corner of lands now or formerly of SONYMA (Deed Book 1502 at page  621);
  thence along lands of SONYMA S. 02' 56" W.34.75 feet to a corner; thence
  still  along  lands  of  SONYMA and lands now or formerly of Magee (Deed
  Book 399 at page 165) S. 86 deg. 11' 52" E.  42.57  feet  to  a  corner;
  thence  still  along  lands  of  Magee and Lands of Friedman first above
  mentioned S. 03 deg. 10' 08" W. 102.00 feet to the point of beginning.
    Excepting  and  reserving  all  that portion of the above parcel lying
  easterly of a line described as follows:
    All that tract or parcel of land, situated in the City of  Schenectady
  and  County  of Schenectady and State of New York, on the Northerly side
  of Union Street bounded and described as follows:
    Beginning at a point in the northerly line of Union Street, said point
  being in the division line between lands now  or  formerly  of  Electric
  Brew Pubs, Inc. (1506 of Deeds at page 763) on the West and lands now or
  formerly  of  Margaret Wexler and Donna Lee Wexler Pavlovic, as trustees
  under Will of Ruth F. Wexler (Street number 241  Union  Street)  on  the
  East;  thence  North  03  deg. 04' 10" East, along the building known as
  Street No. 241 Union Street, a distance of 30.50 feet to a point; thence
  North 88 deg. 45' 45" West, along said  building  and  building  eve,  a
  distance  of  5.62  feet  to a point; thence North 03 deg. 03' 30" East,
  along said building eve of Street No. 241 Union Street,  a  distance  of
  32.74  feet; thence South 88 deg. 45' 45" East, along said building eve,
  a distance of 1.2 feet to an intersection of building corner  of  Street
  No.  241  Union  Street  and  a brick wall; thence north 03 deg. 37' 30"
  East, along said brick wall, a distance of 14.47 feet to a point in  the
  corner  of  the brick wall, thence South 86 deg. 46' 45" East along said
  brick wall a distance of 4.42 feet to the  intersection  of  brick  wall
  with  the boundary line between the Electric Brew Pubs, Inc. (aforesaid)
  on the West and lands of Margaret Wexler and Donna Lee Wexler  Pavlovic,
  (aforesaid)  on the East; thence North 03 deg 10' 08" East a distance of
  0.62 feet to the Northeast corner of lands belonging to Margaret  Wexler
  and Donna Lee Wexler Pavlovic.
    Also  all  that  tract  or  parcel of land commonly known as the Union
  Street School, located on the Northeasterly corner of  Union  and  North
  College  Streets in the First Ward of the City and County of Schenectady
  and State of New  York,  more  particularly  bounded  and  described  as
  follows:    Beginning  at  a point in the Northerly street line of Union
  Street where it is intersected by the  Easterly  street  line  of  North
  College Street, and runs thence Northerly along the Easterly street line
  of  North College Street, one hundred seven and five-tenths (107.5) feet
  to a point, thence easterly at an angle  of  ninety  (90)  degrees,  one
  hundred  ninety-one and seventy-five hundredths (191.75) feet to a point
  in the Northwesterly street line of Erie Boulevard thence  southwesterly
  along  the  Northwesterly  street  line  of  Erie Boulevard, one hundred
  twenty-three and eight-tenths (123.8) feet to its intersection with  the
  Northerly  street  line  of  Union  Street;  thence  Westerly  along the
  Northerly street line of  Union  Street,  one  hundred  twenty-four  and
  fifty-five hundredths (124.55) feet to the point or place of beginning.
    The  above  described parcel of property includes the Blue Line parcel
  of land, which is a portion of the abandoned Erie Canal  Lands,  located
  in  the  First Ward of the City of Schenectady, New York, and which Blue
  Line parcel lies between the Northwesterly line of Erie Boulevard as set
  forth in the above described premises and the Northeasterly lot line  of
  the  old  Union Street School as it runs parallel with the Northwesterly
  line of Erie Boulevard as aforesaid.
    The two above parcels are  together  more  particularly  described  as
  follows: All that parcel of land in the City of Schenectady beginning at
  a  point  in  the northerly margin of Union Street and the northwesterly
  margin of Erie Boulevard and runs thence along Union Street N.  86  deg.
  42'  20"  W. 124.55 feet to the easterly margin of North College Street;
  thence along North College Street N. 05 deg 04' 40" E.  107.50  feet  to
  the southeasterly corner of lands now or formerly of McCarthy (Deed Book
  1129 at page 279); thence along McCarthy, Cottage Alley and lands now or
  formerly  of  McGregor (Deed Book 912 at page 624) S. 84 deg. 55' 20" E.
  191.75 feet to the northwesterly margin of Erie Boulevard; thence  along
  Erie  Boulevard  S.  38  deg.  03'  53"  W.  123.54 feet to the point of
  beginning, any such premises or businesses  located  on  that  tract  or
  parcel of land situate in the Town of Hopewell, Ontario County, State of
  New  York,  bounded and described as follows: Commencing at a 5/8" rebar
  found on the division line between lands  now  or  formerly  of  Ontario
  County  -  Finger Lakes Community College (Liber 698 of Deeds, Page 466)
  on the north and lands now or formerly of James W. Baird (Liber  768  of
  Deeds,  Page 1109) on the south; thence, North 43°-33'-40" West, on said
  division line, a distance of 77.32  feet  to  the  Point  of  Beginning.
  Thence,  North  43°-33'-40"  West,  continuing on said division line and
  through said lands of Ontario County, a distance of  520.45  feet  to  a
  point  on  the  southeasterly  edge of an existing concrete pad; thence,
  South 74°-19'-53" West, along said edge of concrete and  the  projection
  thereof,  a  distance  of 198.78 feet to a point on the easterly edge of
  pavement of an existing campus drive;  thence,  the  following  two  (2)
  courses  and  distances  along said edge of pavement: Northeasterly on a
  curve to the left having a radius of 2221.65 feet, a  chord  bearing  of
  North  30°-16'-39"  East, a chord distance of 280.79, a central angle of
  07°-14'-47", a length of 280.98 feet to a point  of  reverse  curvature;
  thence,  Northeasterly on a curve to the right having a radius of 843.42
  feet, a chord bearing of North 45°-25'-09" East,  a  chord  distance  of
  534.08,  a  central  angle  of 36°-55'-01", a length of 543.43 feet to a
  point; thence, South 30°-04'-59" East, a distance of 18.28 feet  to  the
  corner  of  the property acquired by Ontario County (Liber 766 of Deeds,
  Page 1112), as shown on a map recorded in  the  Ontario  County  Clerk's
  Office  as  Map  No.  6313;  thence,  the following four (4) courses and
  distances along said property line: South 30°-04'-59" East,  a  distance
  of 177.17 feet to a point; thence, South 02°-20'-33" East, a distance of
  147.53  feet  to  a point; thence, South 41°-31'-35" East, a distance of
  200.93 feet to a point;  thence,  South  23°-48'-53"  West,  along  said
  property  line, and the projection thereof, through the first said lands
  of Ontario County - Finger Lakes Community College (Liber 698 of  Deeds,
  Page  466), a distance of 517.96 feet to Point of Beginning. Said parcel
  containing 7.834 acres, more  or  less,  as  shown  on  a  map  entitled
  "Proposed  Lease  Area  -  Friends  of  the Finger Lakes Performing Arts
  Center, Hopewell, NY", prepared by Bergmann Associates,  drawing  LM-01,
  dated  June  10,  2005,  last  revised  August 17, 2005. The related PAC
  Properties are shown on the Map denominated "FLCC Campus Property, FLPAC
  Ground Lease, Parking, Vehicular & Pedestrian Access", recorded  in  the
  Ontario County Clerk's Office on December 10, 2009 in Book 1237 of Deeds
  at  page  9 and are comprised of the areas separately labeled as Parking
  Lot 'A', Parking Lot 'G', the Ticket Booth area, the Sidewalks, and  the
  Entry  Roads;  or on premises or with respect to a business constituting
  the overnight lodging facility located wholly within the  boundaries  of
  that  tract or parcel of land situated in the borough of Manhattan, city
  and county of New York, beginning at a point on the  northerly  side  of
  west  fifty-fourth  street at a point one hundred feet easterly from the
  intersection of the said northerly side of west fifty-fourth street  and
  the  easterly  side  of  seventh  avenue;  running  thence northerly and
  parallel with the easterly side of seventh avenue one hundred feet  five
  inches  to  the  center  line  of the block; running thence easterly and
  parallel with the northerly side of west fifty-fourth street  and  along
  the  center  line  of  the  block  fifty feet to a point; running thence
  northerly and parallel with the easterly  side  of  seventh  avenue  one
  hundred  feet  five  inches  to  the  southerly side of west fifty-fifth
  street at a point distant one  hundred  fifty  feet  easterly  from  the
  intersection  of  the said southerly side of west fifty-fifth street and
  the easterly side of seventh avenue; running thence easterly  along  the
  southerly  side  of west fifty-fifth street thirty-one feet three inches
  to a point; running thence southerly and parallel with the easterly side
  of the seventh avenue one hundred feet five inches to the center line of
  the block; running thence easterly along the center line  of  the  block
  and  parallel  with  the  southerly side of west fifty-fifth street, one
  hundred feet; running thence northerly and parallel  with  the  easterly
  side  of  seventh  avenue  one hundred feet five inches to the southerly
  side of west fifty-fifth  street;  running  thence  easterly  along  the
  southerly  side  of  west  fifty-fifth  street  twenty-one  feet ten and
  one-half inches to a point; running thence southerly and  parallel  with
  the  easterly side of seventh avenue one hundred feet five inches to the
  center line of the block; running thence westerly along the center  line
  of  the  block and parallel with the northerly side of west fifty-fourth
  street three feet one and one-half inches; running thence southerly  and
  parallel  with the easterly side of seventh avenue one hundred feet five
  inches to the northerly side of west  fifty-fourth  street  at  a  point
  distant  three  hundred  feet easterly from the intersection of the said
  northerly side of west fifty-fourth street  and  the  easterly  side  of
  seventh  avenue; running thence westerly and along the northerly side of
  west fifty-fourth street two hundred feet  to  the  point  or  place  of
  beginning,  provided  that  such  facility  maintains not less than four
  hundred guest rooms and suites for overnight lodging. Any lien, mortgage
  or other interest or estate now held by said retail licensee  on  or  in
  the  personal or real property of such manufacturer or wholesaler, which
  mortgage, lien, interest or estate was acquired on  or  before  December
  thirty-first,  nineteen hundred thirty-two, shall not be included within
  the provisions of this subdivision; provided,  however,  the  burden  of
  establishing  the  time  of the accrual of the interest, comprehended by
  this subdivision shall be upon the person who claims to be  entitled  to
  the protection and exemption afforded hereby.
    14. No retail licensee for on-premises consumption shall make or cause
  to  be made any loan to any person engaged in the manufacture or sale of
  liquors, wines or beer at wholesale.
    15. All retail licensed premises shall be subject to inspection by any
  peace officer, acting pursuant to his or her special duties,  or  police
  officer  and  by  the  duly  authorized  representatives  of  the liquor
  authority, during the hours when the said  premises  are  open  for  the
  transaction of business.
    17.  Notwithstanding any other provision of law, a retail licensee for
  on-premises consumption that is a  person  or  corporation  operating  a
  hotel  shall  be permitted to sell liquors, beer, and/or wines through a
  mechanical device or vending machine placed in the lodger's rooms and to
  which access to such device or machine  is  restricted  by  means  of  a
  locking device which requires the use of a key, magnetic card or similar
  device provided, however, that no such key, card or similar device shall
  be  provided  to any person under the age of twenty-one or to any person
  who is visibly intoxicated.

  S 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
  place in a licensed premises,  the  arresting  agency  shall  notify  in
  writing,  the authority and the district attorney of the county in which
  the licensed premises are located within two weeks of the arrest and set
  forth therein the name of the arrestee, the date of the arrest, the time
  of the arrest, the exact place of the arrest, the name of the  licensee,
  the  name  and address of the licensed premises, the offense or offenses
  allegedly committed by the arrestee, the factual  circumstances  of  the
  arrest,  the  name  or  names  of  the arresting officer, and such other
  information as may reasonably be required by the authority.
    2. Such district attorney shall  maintain  a  written  record  of  all
  notices  forwarded  as  required  by subdivision one of this section and
  where the arrestee named in said  notice  is  convicted  of  either  the
  offense  charged  or  a  lesser included offense as defined by the penal
  law, the district attorney shall so notify the authority in writing.  In
  addition, where a person is convicted of a violation of paragraph (b) of
  subdivision  one  of  section  sixty-five-b  of  this  chapter  or  of a
  violation of subdivision one of section sixty-five of this chapter,  the
  district attorney shall promptly notify the authority of such conviction
  in  writing  and  shall  include  in  such  notification the information
  required to be provided pursuant to subdivision one of this section.

 * S 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  for  consumption  on such premises shall
  establish  nonalcoholic  seating  accommodations,  separate  from  other
  seating   accommodations   within   such  premises,  wherein  the  sale,
  possession or consumption of alcoholic beverages shall not be permitted.
    (b) Nonalcoholic seating accommodations shall constitute not less than
  six percentum of  all  permanent  seating  accommodations  for  a  given
  sporting event, unless otherwise provided for by this section, and shall
  at  such  level  be equally distributed among each separately designated
  ticket price area.
    2. (a) Every person who operates a facility for the performance  of  a
  sporting  event  during  which alcoholic beverages are sold or otherwise
  furnished for consumption on such premises  shall  establish  nonvending
  seating  accommodations,  separate  from  other  seating  accommodations
  within such premises, wherein the sale or other furnishing of  alcoholic
  beverages  shall  not  be  permitted,  but where the consumption of such
  alcoholic beverages shall not be prohibited.
    (b) Nonvending seating accommodations shall constitute not  less  than
  fifteen  percentum  of all permanent seating accommodations, in addition
  to those seating accommodations segregated pursuant to  subdivision  one
  of  this section, and shall be equally distributed among each separately
  designated ticket price area.
    3. (a) Immediately upon the  effective  date  of  this  section,  each
  facility  operator  shall  designate  not less than ten percentum of all
  non-season ticket seating as either nonalcohol seating accommodations or
  nonvending seating accommodations or both, and  that  such  designations
  shall  thereafter  remain  in effect up to and until the commencement of
  designations  pursuant  to  paragraph  (b)  of  this   subdivision,   or
  designations pursuant to subdivision four of this section.
    (b)   The   establishment   of   seating  accommodations  pursuant  to
  subdivisions one and two of this  section  may  be  implemented  over  a
  period  of three years from the effective date of this section, and in a
  combination  of  nonalcoholic  seating  accommodations  and   nonvending
  seating  accommodations,  that is consistent with the provisions of this
  section, provided that
    (i) designations of not less  than  one-third  of  the  total  seating
  accommodations  required  pursuant  to  subdivisions one and two of this
  section are made within one year of the effective date of this  section;
  however,  such  designation  up  to  the  first  one-third  of the total
  nonalcohol seating accommodation may be designated in any  ticket  price
  area, and
    (ii)  designations  of  an  additional  one-third of the total seating
  accommodations required pursuant to subdivisions one  and  two  of  this
  section are made by January first, nineteen hundred ninety-one; however,
  such  designation  up  to  the  second one-third of the total nonalcohol
  seating accommodation may be designated in any ticket price area, and
    (iii)  designations  of  a  final  one-third  of  the  total   seating
  accommodations  required  pursuant  to  subdivisions one and two of this
  section are made by January first, nineteen hundred ninety-two.
    (c) A facility operator may petition the state liquor authority for an
  exemption from  the  provisions  of  subparagraphs  (ii)  and  (iii)  of
  paragraph  (b)  hereof as they relate to nonalcohol seating if it can be
  shown that the demand for such seating does not exceed the  availability
  under  subparagraph  (i)  of  paragraph  (b)  hereof.  The  state liquor
  authority, in evaluating such  petition,  shall  consider,  among  other
  things, the availability of such seating, the promotion of such seating,
  the  method  of merchandising tickets for such seating, and the location
  of such seating sections within the overall seating available in a given
  facility.  In  addition,  the  state liquor authority shall consider any
  voluntarily instituted alcohol reduction plan which includes, but is not
  necessarily  limited  to,  the  provision  of  low  alcohol  beer,   the
  limitation  on  the  number  of  servings  of  alcoholic  beverages,  or
  limitations on the size of such servings.
    (d) Nothing in this section shall be construed as prohibiting facility
  operators from relocating designated nonvending  or  nonalcohol  seating
  accommodations  in  each year, provided that each facility maintains the
  levels of nonalcohol and nonvending seating accommodations provided  for
  in this section.
    4.  Notwithstanding  any  provision of this section to the contrary, a
  facility operator shall be exempt from the  provisions  of  subdivisions
  one,  two  and  three  hereof, upon the filing of certification with the
  state liquor authority that  said  operator  prohibits  the  vending  of
  alcoholic   beverages  in  all  seating  areas  of  such  facility,  and
  furthermore provides non-alcohol seating accommodations in not less than
  two percentum of the total permanent seating accommodations.
    5. (a) For the purposes of preserving order  and  preventing  offenses
  against the laws of the state during the course of a sporting event, and
  when  otherwise  authorized  pursuant  to the provisions of the criminal
  procedure  law  and  appropriate  local  legislation,  the  trustees  or
  directors of any corporation acting in the capacity of facility operator
  and  licensed to do business in New York, may apply from time to time to
  the commissioner of police of the municipality within which the facility
  is  located  for  the  appointment  of  special  patrolmen,  who,   when
  appointed,  shall  be  peace  officers  with the same powers within such
  facility as are set forth in section 2.20 of the criminal procedure law,
  whose duty, when appointed,  shall  be  to  preserve  order  within  the
  facility  operated by the applicant corporation, to protect the property
  within said facility, with the authority to eject or arrest all  persons
  who  shall  be  improperly within the facility or who shall be guilty of
  disorderly conduct, or who shall neglect  or  refuse  to  pay  the  fees
  prescribed by said corporation; and it shall be the further duty of said
  special  patrolmen, when appointed, to prevent all violations of law and
  arrest any and all persons violating such  provisions,  and  to  process
  such  persons  in  accordance  with  the  criminal  procedure law.   The
  appointment of special patrolmen pursuant  to  this  section  shall  not
  supersede  in any way the authority of peace officers or police officers
  of the jurisdiction within which such facility is located, nor shall any
  patrolmen be deemed by virtue of such employment  an  employee  of  said
  municipality,  or  be  entitled to any of the benefits arising from such
  employment,  and  such  special  patrolmen  may  be  terminated  by  the
  commissioner at any time, without assigning cause therefore.
    (b)  The  special  patrolmen  appointed  and  approved pursuant to the
  provisions of this subdivision shall be the sole responsibility  of  the
  applying  corporate  entity,  and such entity shall indemnify and defend
  the municipality for any and all liability  arising  from  the  acts  or
  omissions  of  such  officers.    In consideration of their appointment,
  special patrolmen shall sign  an  agreement  in  writing  releasing  and
  waiving  all  claim  whatsoever  against  the  police  department or the
  municipality for pay, salary or compensation for their services, or  for
  any other expenses connected thereto.
    6. Each facility operator shall file with the state liquor authority a
  plan  of  compliance  with the provisions of this section, including but
  not limited to  a  facility  diagram  or  such  other  seating  program,
  indicating  ticket price areas designated as nonalcoholic and nonvending
  seating accommodations. This plan shall also include  a  description  of
  all  policies  and  procedures  instituted  by  the facility operator in
  relation to the sale, consumption or limitation of alcoholic beverages.
    7. (a) For the purposes of this section, "facility for the performance
  of  a  sporting  event"  shall  include any stadium, arena, ballpark, or
  other  indoor  or  outdoor  athletic  field  complex  in  use  during  a
  professional  sporting event, and located within a standard metropolitan
  statistical area having a population of one million or more  as  of  the
  most  current  decennial  census  as  conducted  by  the  United  States
  Department of Commerce,  but  shall  not  include  facilities  owned  or
  operated by an educational institution.
    (b)  For  the  purposes  of  this  section,  "facility operator" shall
  include the primary tenant of a facility defined  in  paragraph  (a)  of
  this  subdivision.  In those situations where the entity responsible for
  operation and management of said facility  is  other  than  the  primary
  tenant,  the  person  or  persons  so  responsible  shall constitute the
  "facility operator." If no facility operator pursuant  to  this  section
  can  be  ascertained,  then the facility owner shall also constitute the
  facility operator. In  any  event,  the  designation  of  such  facility
  operator  shall be included in all plans of compliance filed pursuant to
  subdivision six of this section.
    8. The state liquor authority shall promulgate rules  and  regulations
  no  later than January first, nineteen hundred eighty-nine, that provide
  for notification of facility operators of such facilities and sellers of
  alcoholic beverages at such facilities of the provisions of this section
  and that provide for the conspicuous posting at such facilities  notices
  informing  the  public of the provisions of this section, indicating the
  nonalcohol and nonvending seating accommodations designated pursuant  to
  this  section,  and  the  penalty  for violating this section, and shall
  promulgate such other  rules  and  regulations  in  furtherance  of  the
  provisions of this section.
    9.  The  state  liquor  authority  shall  report  to  the governor and
  legislature no later than February first, nineteen hundred  ninety-three
  on  the  compliance  with  the  provisions  of this section, any and all
  administrative or enforcement actions taken under the  authority  vested
  in  it  by  the  provisions of this section and the effectiveness of the
  provisions of this section in reducing the occurrence of alcohol-related
  incidents.
    10. (a) Violation by a facility operator of  the  provisions  of  this
  section  or  of  the  rules and regulations promulgated pursuant to this
  section is a misdemeanor.
    (b) Violation of any stadium plan enacted pursuant to this section  or
  the rules and regulations promulgated hereunder is a violation.
    11.  Severability. If any provision of this section shall be held void
  or unconstitutional, all other provisions and all  other  sanctions  not
  expressly  held  to  be  void or unconstitutional shall continue in full
  force and effect.
    12. (a) Notwithstanding any provision of this section to the contrary,
  a facility operator may reduce the total number of seats  segregated  as
  non-alcohol seating as necessary to assure local television broadcast of
  a  particular  sporting  event  when  ninety-nine  percent  of all other
  seating is unavailable, so long as the facility operator, prior  to  the
  commencement  of  the  sporting  season,  files  with  the  state liquor
  authority for a plan  of  reduction  in  the  consumption  of  alcoholic
  beverages that includes:
    (i)  restrictions  in  those  areas  that  were  to  be  segregated as
  non-alcohol seating that exceed  the  limitations  on  non-vending,  but
  which do not prohibit the consumption of alcohol in toto;
    (ii)  the  development of additional security personnel in those areas
  that were to be segregated as non-alcohol seating, or such  other  areas
  in which persons requesting non-alcohol seating are located; and
    (iii)  a  plan  of  marketing,  promotion, method of merchandising and
  location of non-alcoholic seating, and a description of the seats to  be
  declassified as non-alcohol seats.
    (b)  The  provisions  of  this  subdivision  shall apply only in those
  instances where a facility is operated with two percent of  its  seating
  segregated  as  non-alcohol seating in accordance with the provisions of
  this section.
    (c) In the event that a facility operator invokes  the  provisions  of
  this  subdivision for its intended purposes, the facility operator shall
  notify the state  liquor  authority  at  least  three  days  before  the
  particular  sporting  event  of the utilization of this subdivision, the
  time period in which the provisions of  this  subdivision  shall  be  in
  effect, and certify that such utilization is based on the unavailability
  of seating in all remaining sections of the facility.
    * NB Expired Effective July 1, 1993

 S 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 published once a week
  for two successive weeks in a daily or weekly newspaper published in the
  city, town or village in which the licensed premises are located, except
  that if there shall be no daily or weekly  newspaper  published  in  the
  city,  town  or village in which the licensed premises are located, then
  such notice shall be published in a daily or weekly newspaper  published
  in  the  county  in which the licensed premises are located, once a week
  for two successive weeks.  The provisions of this section shall only  be
  applicable  to  the  original  license  issued  to  the licensee for the
  premises.
    2. Where the licensed premises are located  in  the  counties  of  New
  York, Kings, Queens or Bronx, such notice shall be published once a week
  for two successive weeks in one daily and one weekly newspaper published
  in  the  county  in  which  the  licensed  premises  are located.   This
  provision is only applicable to  the  original  license  issued  to  the
  licensee for the premises.
    3.  The  notice  to  be  so  published shall be printed in English, in
  substantially the following forms:
    (a) Form of notice for manufacturer's license.  Notice is hereby given
  that manufacturer's license (fill in beer, liquor or  wine  manufacturer
  or  rectifier  and  number)  has  been  issued  to  the  undersigned  to
  manufacture (beer, liquor or  wine,  as  the  case  may  be)  under  the
  alcoholic  beverage  control  law  in  the  premises located at (fill in
  street address, city, town or  village  and  county  in  which  licensed
  premises are located).
                                            (Name of licensee)
                                         (Address of licensee)
    (b)  Form  of notice for wholesaler's license.  Notice is hereby given
  that wholesaler's license (fill in beer, liquor or wine  wholesaler  and
  license number) has been issued to the undersigned to sell (beer, liquor
  or  wine,  as the case may be) at wholesale under the alcoholic beverage
  control law in the premises located at (fill in  street  address,  city,
  town or village and county in which licensed premises are located).
                                            (Name of licensee)
                                         (Address of licensee)
    (c)  Form  of  notice for off-premises license. Notice is hereby given
  that license (fill in beer, liquor or wine store and license number) has
  been issued to the undersigned to sell (beer, liquor  or  wine,  as  the
  case may be) at retail under the alcoholic beverage control law at (fill
  in  street  address,  city, town or village and county in which licensed
  premises are located) for off-premises consumption.
                                            (Name of licensee)
                                         (Address of licensee)
    (d) Form of notice for on-premises license.  Notice  is  hereby  given
  that  license  (fill  in  beer,  liquor  or wine as the case may be, and
  license number) has been issued to the undersigned to sell (beer, liquor
  or wine, as the case may be) at retail in a  (hotel,  club,  restaurant,
  vessel,  car,  or other type of establishment, as the case may be) under
  the alcoholic beverage control law at (fill  in  street  address,  city,
  town  or  village and county in which licensed premises are located) for
  on-premises consumption.
                                            (Name of licensee)
                                         (Address of licensee)

    4. The first publication of said notice shall be made  within  fifteen
  days  after  the  date  of  issuance  of  said license and proof of such
  publication, in the form hereinafter set forth, shall be obtained by the
  licensee and retained by him during the license year. The form of  proof
  of such publication shall be as follows:
 
  STATE OF NEW YORK )
                    ) ss:
  County of ....... )
    ............  of  ............  ,  being  duly  sworn, says that he is
  ............ of the publishers of  the  .............  ,  a  (daily)  or
  (weekly)  newspaper  (printed  and)  published  in  the  (city, town, or
  village and county) ........... and that the notice of which the annexed
  is a true copy, has been published in said newspaper for two  successive
  weeks commencing on the ........... day of ..................195 ...
 
                                           .....................
  Sworn to before me this
    ......................., 195.....
 
    ..................................

  S 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 shall be calculated  to  prohibit  deception  of  the
  consumer;  to  afford  him or her adequate information as to quality and
  identity; and to achieve national uniformity in so far as possible.
    2. The bottling, packaging, sale or possession by any licensee of  any
  alcoholic  beverage  not  labelled  or  offered  in conformity with this
  section shall be ground for suspension, revocation  or  cancellation  of
  the license.
    3.  No  alcoholic  beverage shall be offered or advertised for sale in
  this state unless:
    (a) there is a brand or trade name label affixed to or imprinted  upon
  the container of such alcoholic beverage;
    (b)  such  label  is registered with and approved by the authority and
  contains the information required in this section; and
    (c) the appropriate fee has been paid as provided for in this section.
    4. An application for registration of a  brand  or  trade  name  label
  shall be filed by (1) the owner of the brand or trade name if such owner
  is licensed by the authority, or (2) a wholesaler selling such brand who
  is  appointed  as exclusive agent, in writing, by the owner of the brand
  or trade name for the purpose of filing such application, if  the  owner
  of  the brand or trade name is not licensed by the authority, or (3) any
  wholesaler, with the approval of the authority, in the  event  that  the
  owner of the brand or trade name does not file or is unable to file such
  application  or  designate  an  agent  for  such  purposes,  or  (4) any
  wholesaler, with the approval of the authority, in the  event  that  the
  owner  of  the  brand or trade name is a retailer who does not file such
  application, provided that the retailer shall consent to such filing  by
  such  wholesaler. Such retailer may revoke his consent at any time, upon
  written notice to the authority and to such wholesaler.
    Unless  otherwise  permitted  or  required  by  the   authority,   the
  application  for  registration  of  a liquor or wine brand or trade name
  label filed pursuant to this section shall be filed by the same licensee
  filing schedules pursuant to section one hundred one-b of this article.
    Cordials and wines which differ only as  to  fluid  content,  age,  or
  vintage  year,  as  defined by such regulations, shall be considered the
  same brand; and those that differ as to type or class may be  considered
  the  same  brand  by the authority where consistent with the purposes of
  this section.
    (a) (1) The application for registration of  a  brand  or  trade  name
  label  shall  be  filed  by  certified  mail  return  receipt requested,
  registered mail return receipt requested, or overnight delivery  service
  with  proof of mailing, on a form prescribed by the authority, and shall
  contain  such  information  as  the  authority   shall   require.   Such
  application  shall  be  accompanied by the appropriate fee prescribed by
  paragraph (b) of this subdivision.
    (2) Provided, however, where a brand or  trade  name  label  has  been
  approved  by  the Alcohol and Tobacco Tax and Trade Bureau of the United
  States Department  of  Treasury,  it  shall  be  deemed  registered  and
  approved by the authority if:
    (i)  the  applicant  submits on a form prescribed by the authority, by
  certified mail return receipt requested, registered mail return  receipt
  requested,  or  overnight delivery service with proof of mailing, a true
  copy of the brand or trade name label approval issued by the Alcohol and
  Tobacco Tax and Trade Bureau of the United States Department of Treasury
  along with the appropriate fee as established in paragraph (b)  of  this
  subdivision; and
    (ii)  the  authority does not deny such application within thirty days
  after receipt.
    (3) Provided, however, that where a brand or trade name label for wine
  has been approved by the Alcohol and Tobacco Tax and Trade Bureau of the
  United States Department of Treasury, it shall be deemed registered  and
  approved by the authority and no application, application fee, or annual
  registration fee shall be submitted to the authority.
    (b)  The  annual fee for registration of any brand or trade name label
  for liquor shall be two  hundred  fifty  dollars;  the  annual  fee  for
  registration of any brand or trade name label for beer or cider shall be
  one  hundred fifty dollars; the annual fee for registration of any brand
  or trade name label for wine or wine products shall  be  fifty  dollars.
  Such  fee  shall  be  in the form of a check or draft. No annual fee for
  registration of any brand or trade name label for wine shall be required
  if it has been approved by the Alcohol and Tobacco Tax and Trade  Bureau
  of the United States Department of Treasury pursuant to this section.
    Each  brand or trade name label registration approved pursuant to this
  section shall be valid for a term of  one  year  as  set  forth  by  the
  authority and which shall be pro-rated for partial years as applicable.
    Each  brand or trade name label registration approved pursuant to this
  section shall be valid only for the licensee to whom  issued  and  shall
  not be transferable.
    (c)  If the authority shall deny the application for registration of a
  brand or trade name label pursuant to this section, it shall return  the
  registration  fee  to the applicant, less twenty-five per centum of such
  fee and shall notify the applicant, in writing with the specific reasons
  for its denial.
    (d) The authority may at any time exempt any discontinued  brand  from
  such  fee provisions where a manufacturer or wholesaler has an inventory
  of one hundred cases or less of liquor or wine and five hundred cases or
  less of beer, and certifies to the authority in writing that such  brand
  is  being  discontinued.  The  authority may also at any time exempt any
  discontinued  brand  from  such  fee   provisions   where   a   retailer
  discontinuing  a  brand owned by him has a balance of an order yet to be
  delivered of fifty cases or less of liquor or wine, or two hundred fifty
  cases or less of beer, wine products or cider.
    (e)  The  authority  shall  exempt  from  such  fee   provisions   the
  registration  of  each  brand or trade name label used for beer or cider
  that is produced in small size batches totaling fifteen hundred  barrels
  or less of beer or cider annually.
    (f)   The   authority  shall  exempt  from  such  fee  provisions  the
  registration of each brand or trade  name  label  used  for  spirits  or
  liquor  that  is  produced  in  small size batches totaling one thousand
  gallons or less of spirits or liquor annually.
    5. (a) Each brand or trade name  label  shall  contain  the  following
  information:
    (i) the brand or trade name;
    (ii)  the  class  and  type  (if  applicable) of alcoholic beverage in
  accordance with the labeling regulations promulgated by the Alcohol  and
  Tobacco  Tax  and  Trade  Bureau  of  the  United  States  Department of
  Treasury; and
    (iii) the net contents of the container.
    (b) The brand or trade name label, or a separate label on the front or
  back of the container shall  contain  information  consistent  with  the
  labeling  regulations  promulgated  by  the  Alcohol and Tobacco Tax and
  Trade Bureau of the United States Department of Treasury.
    (c) No brand or trade name label, or any separate label on  the  front
  or back of the container shall contain:
    (i) any statement that is false or untrue in any particular manner;
    (ii) any statement that is disparaging of a competitor's product;
    (iii)  any  statement, design, device or representation that is likely
  to mislead the consumer; or
    (iv) any statement or claim of health  benefits  to  be  derived  from
  consumption by the consumer.
    (d) A separate label registration shall be required in connection with
  the  registration  of  a brand or trade name label used where there is a
  difference in any of the following information:
    (i) the brand or trade name;
    (ii) the class and type  (if  applicable)  of  alcoholic  beverage  in
  accordance with federal label regulations; or
    (iii)  a  private  label  owned  and sold exclusively by one retailer,
  where the alcoholic beverage is manufactured, bottled, or imported by  a
  different   manufacturer,  bottler,  or  importer,  provided  all  other
  information appearing on the label is the same.

  S 108.Restrictions  upon licensees.  No licensee except the holder of
  a brewer's or distiller's license or a  winery  license  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 terms of the license issued to him.

  S 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  permit
  as prescribed by this chapter. In the case of applications for renewals,
  the  liquor  authority  may  dispense  with  the  requirements  of  such
  statements as it deems unnecessary in view of  those  contained  in  the
  application  made  for  the original license or permit, but in any event
  the  submission  of  photographs  of  the  licensed  premises  shall  be
  dispensed  with  provided  the  applicant  for such renewal shall file a
  statement with such authority to the  effect  that  there  has  been  no
  alteration  of  such  premises since the original license was issued. An
  applicant for a retail license for on-premises  consumption  shall  also
  submit  to the authority a copy of the valid certificate of occupancy or
  such other document issued by the local code enforcement agency for  the
  premises for which the original license was issued. The liquor authority
  may  make  such  rules  as  may  be necessary not inconsistent with this
  chapter regarding applications for renewals of licenses and permits  and
  the time for making the same.
    2. The authority shall provide an application for renewal of a license
  issued under section sixty-four or sixty-four-a of this chapter not less
  than sixty days prior to the expiration of the current license.

   S 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
  birth, citizenship, permanent home address, telephone number and  social
  security  number, as well as any other names by which he has conducted a
  business at any time.
    (ii) If the applicant is a corporation,  the  corporate  name  of  the
  applicant, its place of incorporation, its main business address (and if
  such  main  business address is not within the state, the address of its
  main place of business within the state), other names by  which  it  has
  been  known or has conducted business at any time, its telephone number,
  its  federal  employer  identification  number,  and  the  names,  ages,
  citizenship, and permanent home addresses of its directors, officers and
  its  shareholders  (except  that  if there be more than ten shareholders
  then those shareholders holding ten percent or more of any class of  its
  shares).
    (iii)  If  the applicant is a partnership, its name, its main business
  address (and if such main business address is not within the state,  the
  address  of its main place of business within the state), other names by
  which it has been known or has  conducted  business  at  any  time,  its
  telephone  number,  its  federal employer identification number, and the
  names, ages, citizenship, and permanent home addresses of  each  of  its
  partners.
    (b)  A  statement identifying the street and number of the premises to
  be licensed, if the premises have a street  and  number,  and  otherwise
  such  description  as  will  reasonably  indicate  the locality thereof;
  photographs, drawings or other items related to the  appearance  of  the
  interior or exterior of such premises, and a floor plan of the interior,
  shall  be  required.  The  applicant  shall also state the nature of his
  interest in the premises; and the name of any other person interested as
  a partner, joint venturer, investor or lender with the applicant  either
  in the premises or in the business to be licensed.
    (c)  A  description  of  any  other alcohol beverage license or permit
  under this chapter or any other alcoholic beverage  control  law  which,
  within  the  past  ten  years,  the  applicant  (including any officers,
  directors, shareholders or partners listed in the statement of  identity
  under  paragraph  (a)  of  this  subdivision  or  the spouse of any such
  person) or the applicant's spouse held or applied for.
    (d) A statement that such applicant or the applicant's spouse has  not
  been  convicted  of  a  crime addressed by the provisions of section one
  hundred twenty-six of this article  which  would  forbid  the  applicant
  (including  any  officers, directors, shareholders or partners listed in
  the statement of identity under paragraph (a) of this subdivision or the
  spouse of such person) or the applicant's spouse to traffic in alcoholic
  beverages, a statement whether  or  not  the  applicant  (including  any
  officers, directors, shareholders or partners listed in the statement of
  identity  under  paragraph  (a) of this subdivision or the spouse of any
  such person) or the applicant's  spouse  is  an  official  described  in
  section  one  hundred twenty-eight of this article, and a description of
  any  crime  that  the  applicant  (including  any  officers,  directors,
  shareholders  or partners listed under paragraph (a) of this subdivision
  or the spouse of any such person) or the  applicant's  spouse  has  been
  convicted  of and whether such person has received a pardon, certificate
  of good conduct or certificate of relief  from  disabilities;  provided,
  however,  that  no  person  shall  be  denied  any license solely on the
  grounds  that  such  person  is  the  spouse  of  a   person   otherwise
  disqualified from holding a license under this chapter.
    (e)  A  statement  that  the location and layout of the premises to be
  licensed does not violate any requirement of this  chapter  relating  to
  location and layout of licensed premises, with a copy of the certificate
  of occupancy for the premises.
    (f)  A  statement that the applicant has control of the premises to be
  licensed by ownership of a fee interest or via a  leasehold,  management
  agreement, or other agreement giving the applicant control over the food
  and  beverage  at  the  premises,  with  a  term at least as long as the
  license for which the  application  is  being  made,  or  by  a  binding
  contract to acquire the same and a statement of identity under paragraph
  (a)  of this subdivision for the lessor of any leasehold, manager of any
  management agreement, or other agreement giving  the  applicant  control
  over  the  food  and beverage at the premises, with a copy of the lease,
  contract, management agreement, or other agreement giving the  applicant
  control  over  the food and beverage at the premises, or deed evidencing
  fee ownership of the premises.
    (g) A financial statement adequate to show all persons  who,  directly
  or  indirectly  have  an  economic  interest  in  the  establishment  or
  acquisition of the business for which the license or permit  application
  is  being  made,  to identify the sources of funds to be applied in such
  establishment or acquisition, and to describe the terms  and  conditions
  governing  such establishment with copies of such financial documents as
  the authority may reasonably require.
    (h) The fingerprints of the applicants. Fingerprints submitted by  the
  applicants  shall  be  transmitted  to  the division of criminal justice
  services and may be submitted to the federal bureau of investigation for
  state and national criminal history record checks.
    2. All license or permit applications shall be signed by the applicant
  (if an individual), by an officer (if a corporation), or by all partners
  (if a partnership). Each person signing such application shall verify it
  or affirm it as true under the penalties of perjury.
    3. All license or permit applications shall be accompanied by a check,
  draft or other  forms  of  payment  as  the  authority  may  require  or
  authorize  in  the  amount  required by this chapter for such license or
  permit.
    4. If there be any change, after the filing of the application or  the
  granting  of  a license, in any of the facts required to be set forth in
  such application, a supplemental statement giving notice of such change,
  cost and source of money involved in the change, duly verified, shall be
  filed with the authority within ten days after such change.  Failure  to
  do  so  shall, if willful and deliberate, be cause for revocation of the
  license.
    5. In giving any notice, or  taking  any  action  in  reference  to  a
  licensee  of  a  licensed  premises,  the  authority  may  rely upon the
  information furnished  in  such  application  and  in  any  supplemental
  statement  connected  therewith, and such information may be presumed to
  be correct, and shall be binding upon a licensee or licensed premises as
  if  correct.    All  information  required  to  be  furnished  in   such
  application  or  supplemental statements shall be deemed material in any
  prosecution for perjury, any proceeding to revoke, cancel or suspend any
  license, and in the authority's determination to  approve  or  deny  the
  license.
    6.  The  authority  may  in its discretion waive the submission of any
  category of information described in this section for  any  category  of
  license  or permit, provided that it shall not be permitted to waive the
  requirement for submission of any such category  of  information  solely
  for an individual applicant or applicants.
    7.  The  authority  may,  by  rule,  adopt  additional  categories  of
  information  which  may  be  reasonably  necessary  to  carry  out   the
  provisions of this section.

  S 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
  eighty-one-a of this chapter shall publish notice  thereof  pursuant  to
  subdivision two of this section.
    2.  All  applicants required to publish notice of an application for a
  license pursuant to subdivision one of this section shall, in such  form
  as  prescribed by subdivision three of this section, publish such notice
  as follows:
    (a) Where the prospective licensed premises are located in any  county
  other  than  New York, Kings, Queens or Bronx, notice shall be published
  once a week for two successive weeks in a daily or weekly newspaper,  to
  be  designated  by  the  county  clerk,  published  in the city, town or
  village in which the prospective licensed premises are  located,  except
  that  if  there  shall  be no daily or weekly newspaper published in the
  city, town or village in which the  prospective  licensed  premises  are
  located,  then  such  notice  shall  be  published  in a daily or weekly
  newspaper, to be designated by the county clerk, published in the county
  in which the prospective licensed premises are located, once a week  for
  two successive weeks.
    (b)  Where  the  prospective  licensed  premises  are  located  in the
  counties of New York, Kings, Queens  or  Bronx,  such  notice  shall  be
  published  once  a  week  for  two successive weeks in one daily and one
  weekly newspaper, to be designated by the county clerk, published in the
  county in which the prospective licensed premises are located.
    3. Such notice shall be  printed  in  English,  in  substantially  the
  following form:
    Form  of  notice for on-premises license.  Notice is hereby given that
  license (fill in beer, liquor or wine as the case may  be,  and  license
  number) has been applied for by the undersigned to sell (beer, liquor or
  wine,  as  the  case  may  be)  at retail in a (hotel, club, restaurant,
  vessel, car, or other type of establishment, as the case may  be)  under
  the  alcoholic  beverage  control  law at (fill in street address, city,
  town or village and county in which licensed premises are  located)  for
  on-premises consumption.
                                                    (Name of licensee)
                                                    (Address of licensee)
    4.  The provisions of this section shall apply only to the application
  for the original license issued to the licensee for the premises.
    5. Except for good cause shown, the first publication of  such  notice
  shall  be  made  within ten days after the date of the submission of the
  application for such license to the authority. Two  original  copies  of
  proof  of  such  publication,  in the form set forth in this subdivision
  shall be obtained by the applicant for such license,  who  shall  within
  fifteen  days  of  receipt of such original copies of such proof, submit
  one original copy to the authority, and the second original copy of such
  proof shall be retained by the applicant for such  license.  Except  for
  good  cause  shown,  the authority shall not issue the license sought by
  the applicant unless such proof is  submitted  within  such  fifteen-day
  period. The form of proof of such publication shall be as follows:
 
  State of New York)
                   ) ss.:
  County of .......)
 
  ............. of ..................... being duly sworn, says that he is
  ...........  of the publishers of the ......................  (daily) or

  (weekly) newspaper (printed  and)  published  in  the  (city,  town,  or
  village and county) ......................, and that the notice of which
  the annexed is a true copy, has been published in said newspaper for two
  successive    weeks    commencing    on   the   .............   day   of
  ..................... 199....
 
  ____________________________________________.............................
 
  Sworn to before me this ............. day
  of ...................

  S 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 of such
  applicant's intent to file such an application:
    (a) for a license issued pursuant to section fifty-five, fifty-five-a,
  sixty-four,  sixty-four-a,  sixty-four-b,  sixty-four-c,   sixty-four-d,
  eighty-one or eighty-one-a of this chapter;
    (b)  for a renewal under section one hundred nine of this chapter of a
  license issued pursuant to section fifty-five, fifty-five-a, sixty-four,
  sixty-four-a, sixty-four-c, sixty-four-d, eighty-one or eighty-one-a  of
  this chapter if the premises is located within the city of New York;
    (c)  for approval of an alteration under section ninety-nine-d of this
  chapter if the premises is located within  the  city  of  New  York  and
  licensed  pursuant  to  section  fifty-five,  fifty-five-a,  sixty-four,
  sixty-four-a, sixty-four-c, sixty-four-d, eighty-one or eighty-one-a  of
  this chapter; or
    (d)  for  approval  of  a  substantial  corporate change under section
  ninety-nine-d of this chapter if the premises is located within the city
  of New York and licensed pursuant to section  fifty-five,  fifty-five-a,
  sixty-four,  sixty-four-a,  sixty-four-c,  sixty-four-d,  eighty-one  or
  eighty-one-a of this chapter.
    2. Such notification shall be made to the clerk of the  village,  town
  or  city,  as  the  case  may  be,  wherein the premises is located. For
  purposes of this section:
    (a) notification need only be given to the clerk of a village when the
  premises is located within the boundaries of the village; and
    (b) in the city of New York, the community board established  pursuant
  to  section  twenty-eight  hundred  of  the  New  York city charter with
  jurisdiction over the area in which the premises  is  located  shall  be
  considered  the  appropriate  public body to which notification shall be
  given.
    3. For purposes of this section, "substantial corporate change"  shall
  mean:
    (a)  for  a  corporation,  a  change  of eighty percent or more of the
  officers and/or directors, or a transfer of eighty percent  or  more  of
  stock  of  such corporation, or an existing stockholder obtaining eighty
  percent or more of the stock of such corporation; and
    (b) for a limited liability company, a change  of  eighty  percent  or
  more  of  the  managing  members of the company, or a transfer of eighty
  percent or more of ownership interest in said company,  or  an  existing
  member obtaining a cumulative of eighty percent or more of the ownership
  interest in said company.
    4. Such notification shall be made in such form as shall be prescribed
  by the rules of the liquor authority.
    5.  A  municipality may express an opinion for or against the granting
  of such application. Any such opinion shall be deemed part of the record
  upon which the liquor authority makes its determination to grant or deny
  the application.
    6. Such notification shall be made by: certified mail, return  receipt
  requested; overnight delivery service with proof of mailing; or personal
  service upon the offices of the clerk or community board.
    7.  The  liquor  authority  shall require such notification to be on a
  standardized form that can be obtained  on  the  internet  or  from  the
  liquor authority and such notification to include:
    (a)  the  trade  name  or  "doing  business  as"  name, if any, of the
  establishment;
    (b) the full name of the applicant;
    (c) the street address  of  the  establishment,  including  the  floor
  location or room number, if applicable;
    (d)  the  mailing  address of the establishment, if different than the
  street address;
    (e) the  name,  address  and  telephone  number  of  the  attorney  or
  representative of the applicant, if any;
    (f) a statement indicating whether the application is for:
    (i) a new establishment;
    (ii) a transfer of an existing licensed business;
    (iii) a renewal of an existing license; or
    (iv) an alteration of an existing licensed premises;
    (g)  if  the  establishment  is  a  transfer  or  previously  licensed
  premises, the name of the old  establishment  and  such  establishment's
  license serial number;
    (h)  in  the  case of a renewal or alteration application, the license
  serial number of the applicant; and
    (i) the type of license.

  S 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 premises
  or to any other part of the building containing  the  licensed  premises
  except in the discretion of the authority. It shall be available only to
  the  person therein specified, and only for the premises licensed and no
  other except if authorized by the authority.   Provided,  however,  that
  the  provisions  of  this  section  shall  not be deemed to prohibit the
  issuance of a license under section seventy-six-b  or  seventy-six-c  of
  this  chapter.  For  the  purposes of this section each railroad car and
  each vessel shall be deemed premises separately to be licensed.

   S 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
  superintendent  of  financial services as to solvency and responsibility
  and authorized to transact business in this state, in such penal sum  as
  the  liquor  authority may heretofore have prescribed or hereafter shall
  prescribe, conditioned that such licensee or permittee will  not  suffer
  or  permit  any violation of the provisions of this chapter and that all
  fines and penalties which shall accrue, during the time the  license  or
  permit  shall  be in effect, will be paid, together with all costs taxed
  or allowed in any action or  proceeding  brought  or  instituted  for  a
  violation of any of the provisions of this chapter. A suit to recover on
  any  bond  filed  pursuant  to chapter one hundred eighty of the laws of
  nineteen hundred thirty-three or this chapter  may  be  brought  by  the
  liquor  authority  or  on relation of any party aggrieved, in a court of
  competent jurisdiction and in the event that the obligor named  in  such
  bond  has  violated any of the conditions of such bond, recovery for the
  penal sum of such bond may be had in favor of the people of the state.

  S 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 premises
  or for any part of the building containing such  licensed  premises  and
  connected therewith.
    2.  In  determining  whether to issue such a license for such two year
  period, in addition to any other factors  deemed  relevant,  the  liquor
  authority  shall,  in  the  case of a license revoked due to the illegal
  sale of alcohol to a minor, determine whether  the  proposed  subsequent
  licensee has obtained such premises through an arm's length transaction,
  and, if such transaction is not found to be an arm's length transaction,
  the liquor authority shall deny the issuance of such license.
    3. For purposes of this section, "arm's length transaction" shall mean
  a  sale  of  a  fee  of all undivided interests in real property, lease,
  management agreement, or other agreement giving  the  applicant  control
  over  the food and beverage at the premises, or any part thereof, in the
  open market, between an informed and  willing  buyer  and  seller  where
  neither  is  under  any  compulsion  to  participate in the transaction,
  unaffected by any unusual conditions indicating a reasonable possibility
  that the sale was made  for  the  purpose  of  permitting  the  original
  licensee  to  avoid  the  effect  of the revocation. The following sales
  shall be presumed not to be arm's length  transactions  unless  adequate
  documentation is provided demonstrating that the sale, lease, management
  agreement, or other agreement giving the applicant control over the food
  and  beverage  at  the premises, was not conducted, in whole or in part,
  for the purpose of permitting the original licensee to avoid the  effect
  of the revocation:
    (a) a sale between relatives;
    (b) a sale between related companies or partners in a business; or
    (c) a sale, lease, management agreement, or other agreement giving the
  applicant  control  over the food and beverage at the premises, affected
  by other facts or circumstances  that  would  indicate  that  the  sale,
  lease,  management  agreement,  or  other agreement giving the applicant
  control over the food and beverage at the premises, is entered into  for
  the  primary  purpose  of  permitting the original licensee to avoid the
  effect of the revocation.

  S 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  provision  of  law,  the  license of a sole
  proprietor converting to corporate form, where such  proprietor  becomes
  the  sole  stockholder  and  only  officer  and  director  of  such  new
  corporation, may be  transferred  to  the  subject  corporation  if  all
  requirements  of  this  chapter  remain  the  same  with respect to such
  license as transferred and, further, the licensee shall transmit to  the
  authority,  within  ten  days of the transfer of license allowable under
  this subdivision, on a form prescribed by the authority, notification of
  the transfer of such license.
    3. No license shall be pledged or deposited as collateral security for
  any loan or upon any other condition; and any such  pledge  or  deposit,
  and any contract providing therefor, shall be void.
    4.  Licenses  issued  under this chapter shall contain, in addition to
  any further information or material to be prescribed by the rules of the
  liquor authority, the following information: (a) Name of person to  whom
  license  is  issued;  (b)  kind  of  license and what kind of traffic in
  alcoholic beverages is thereby permitted; (c) description by street  and
  number, or otherwise, of licensed premises; (d) a statement in substance
  that  such  license  shall not be deemed a property or vested right, and
  that it may be revoked at any time pursuant to law.
    5. There shall be printed and furnished by  the  liquor  authority  to
  each  licensee  a  statement  of  the  causes  for which licenses may be
  revoked. Such statement shall be prepared by the  liquor  authority  and
  delivered  to the licensee with his license or as soon thereafter as may
  be practicable. Any amendments thereto shall also be sent by the  liquor
  authority  to  all  licensees  as  soon as may be practicable after such
  amendments. Failure to send  such  statements  or  changes  therein,  or
  failure  to  receive the same, or any misstatement or error contained in
  such statements or amendments  shall,  however,  not  be  an  excuse  or
  justification  for  any  violation  of  law,  or  prevent,  or remit, or
  decrease any penalty or forfeiture therefor.
    6. Before commencing or doing any business for the time  for  which  a
  license  has  been  issued  said license shall be enclosed in a suitable
  wood or metal frame having a clear glass space and a substantial wood or
  metal back so that the whole of said license may be  seen  therein,  and
  shall  be posted up and at all times displayed in a conspicuous place in
  the room where such business is carried on, so that all persons visiting
  such place may readily see the same. It shall be unlawful for any person
  holding a license to post such license or to permit such license  to  be
  posted  upon premises other than the premises licensed, or upon premises
  where traffic in alcoholic beverages is being carried on by  any  person
  other  than  the  licensee, or knowingly to deface, destroy or alter any
  such license in any  respect.  Whenever  a  license  shall  be  lost  or
  destroyed  without  fault  on  the part of the licensee or his agents or
  employees, a duplicate license in lieu thereof  may  be  issued  by  the
  liquor authority in its discretion and in accordance with such rules and
  regulations and the payment of such fees, not exceeding five dollars, as
  it may prescribe.

  S 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
  payment of the required fee has been  honored  by  the  payor  financial
  institution,  provided,  however, that this provision shall not apply in
  the case of a certified check, bank officers' check or money order.

  S 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
  may  vary  in  accordance  with  a  reasonable  classification  of  such
  localities.
Sections 116 thru 131 | Article 8 General Provisions

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