106 - Provisions governing licensees to sell at retail for consumption on the premises.

§ 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, 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 as herein provided. This  subdivision  shall  not  apply  to  premises  leased  from  government agencies, as defined under  subdivision  twelve-b  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 inaccordance 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  licenseeoperating  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