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Home » US Law » 2022 New York Laws » Consolidated Laws » ABC - Alcoholic Beverage Control » Article 6 - Special Provisions Relating to Wine » 81 – License to Sell Wine at Retail for Consumption on the Premises.
§  81. License to sell wine at retail for consumption on the premises.
1.  The procedure set forth in section sixty-four hereof shall apply  so
far  as  applicable  to applications for licenses to sell wine at retail
for consumption on the premises, except as provided in  subdivision  two
of this section.
  2.  No  such  license  shall  be issued to any person for any premises
other than premises for which a license  may  be  issued  under  section
sixty-four  of this chapter or a hotel or premises which are kept, used,
maintained, advertised or held out to the public to  be  a  place  where
food  is  prepared  and  served  for consumption on the premises in such
quantities as to satisfy the liquor authority  that  the  sale  of  wine
intended  is  incidental to and not the prime source of revenue from the
operation of such premises. Such license may also include such  suitable
space  outside the licensed premises and adjoining it as may be approved
by the liquor authority.
  3. Such license shall in form and in substance be  a  license  to  the
person specifically licensed to sell wine at retail, to be consumed upon
the  premises. Such license shall also be deemed to include a license to
sell beer, soju and shochu at retail to be consumed under the same terms
and conditions without the  payment  of  any  additional  fee.  For  the
purposes of this subdivision:

(a) "soju" shall mean an imported Korean alcoholic beverage that contains not more than twenty-four per centum alcohol, by volume, and is derived from agricultural products.

(b) "shochu" shall mean an imported Japanese alcoholic beverage that contains not more than twenty-four per centum alcohol, by volume, and is derived from agricultural products. 4. A restaurant licensed to sell wine under this section may permit a patron to remove one unsealed bottle of wine for off-premises consumption provided that the patron has purchased a full course meal and consumed a portion of the bottle of wine with such meal on the restaurant premises. For the purposes of this subdivision the term "full course meal" shall mean a diversified selection of food which is ordinarily consumed with the use of tableware and cannot conveniently be consumed while standing or walking. A partially consumed bottle of wine that is to be removed from the premises pursuant to this subdivision shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises, in a bag such that it is visibly apparent that such resealed bottle of wine has not been tampered with. Such licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron.