Alcoholic Beverage Control - Special Provisions Relating to Wine - License to sell wine at retail for consumption on the premises

Published: 2014-09-22

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§ 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 and soju at retail to be consumed under the same terms and
conditions without the payment of any additional fee. For the purposes
of this subdivision, "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.

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.