Section 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 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  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.