New York Consolidated Laws, Alcoholic Beverage Control Law - ABC § 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.

1-a. Repealed by L.2011, c. 560, § 6, eff. Sept. 23, 2011.

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:

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.