Section 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, 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.  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.