New York Consolidated Laws, Alcoholic Beverage Control Law - ABC § 54. License to sell beer at retail for consumption off the premises

1. Any person may apply to the appropriate board for a license to sell beer at retail not to be consumed upon the premises where sold.  Such application shall be in writing and verified and shall contain such information as the liquor authority shall require.  Such application shall be accompanied by a check or draft for the amount required by this article for such license.  The term “premises” shall include any duly licensed supply ship operating in harbors in Lake Erie.

2. In the event that the liquor authority issues such license it shall forward the same to the applicant.

3. If the authority shall disapprove an application for a license or permit, it shall state and file in its offices the reasons therefor and shall notify the applicant thereof.  Such applicant may thereupon apply to the liquor authority for a review of such action in a manner to be prescribed by the rules of the liquor authority.  A hearing upon notice to the applicant shall thereupon be held by the liquor authority or by one of its members at its office most conveniently situated to the office of its duly authorized representative in a manner to be prescribed in its rules;  and on such hearing proof may be taken by oral testimony or by affidavit relative thereto.  After such hearing, if the liquor authority confirms such disapproval, it shall endorse such application accordingly and shall send notice to the applicant of its action in such form as the liquor authority may prescribe.  If the liquor authority does not confirm the disapproval action it may grant such application and issue such license.

4. No such license shall be issued, however, to any person for any premises other than a grocery store, drug store, or duly licensed supply ship operating in harbors in Lake Erie.

5. Such license shall contain a description of the licensed premises and in form and in substance shall be a license to the person specifically designated therein to sell beer at retail in the premises specifically licensed, not to be consumed upon said premises.