Section 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 may be 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.