Section 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, 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 good conduct 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, eight, 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, 165.30 or subdivision three of section 240.35
  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.
    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.