§ 81-a. Special license to sell wine at retail for consumption on the
premises. 1. On or after the effective date hereof, any person may make
an application to the appropriate board for a special license to sell
wine at retail to be consumed on the premises where sold.
2. Such special license shall in form and in substance be a license to
the person specifically licensed to sell wine at retail to be consumed
on the premises specifically licensed. Such license shall also be deemed
to include a license to sell beer at retail to be consumed under the
same terms and conditions, without the payment of any additional fee.
3. The provisions contained in subdivisions three, four, six, eight
and nine of section sixty-four-a shall apply to applicants for licenses
under this section.
4. a. 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.
b. Notwithstanding paragraph a of this subdivision, a special
on-premises license for a premises in which the principal business shall
be the operation of a legitimate theater by a corporation organized
pursuant to the not-for-profit corporation law may be granted
notwithstanding the proximity of such premises to any school, provided
that the availability of alcoholic beverages on such premises shall not
be advertised in any way at such premises in any manner visible from
such street or avenue.