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Alcohol laws of New York

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Alcohol laws of New York (or commonly Alcohol Beverage Control Law ) are a set of laws specific to manufacturing, purchasing, serving, selling, and consuming alcohol in the state of New York. Combined with federal and local laws, as well as vendor policies, alcohol laws of New York determine the state's legal drinking age , the driving under the influence limit, liquor license requirements, server training, and more.

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37-546: The New York State Liquor Authority (NYSLA) and its agency arm, the Division of Alcoholic Beverage Control (DABC), were established under New York State Law in 1934 to "regulate and control the manufacture and distribution within the state of alcoholic beverages for the purpose of fostering and promoting temperance in their consumption and respect for and obedience to law." The SLA is also authorized by statute to "determine whether public convenience and advantage will be promoted by

74-544: A blood alcohol level of 0.02% or higher while driving. Like every other state in the United States, driving under the influence is a crime in New York and is subject to a great number of regulations outside of the state's alcohol laws. New York's maximum blood alcohol level for driving is 0.08% for persons over the age of 16 and there is a "zero tolerance" policy for persons under 16. Minors caught with any alcohol in

111-549: A chain of teashops which became a staple of the High Street in the UK, and at its peak, the firm numbered around 200 cafes. The displacement of independent businesses by chains has sparked increased collaboration among independent businesses and communities to prevent chain proliferation. These efforts include community-based organizing through Independent Business Alliances (in the U.S. and Canada) and "buy local" campaigns. In

148-693: A hotel open year round. Seventeen disallow only special on-premises consumption. The town of Spencer in Tioga County allows only off-premises and special on-premises consumption. Williamson , in Wayne County , bans on-premises sale of beer at race tracks, outdoor athletic fields, and sports stadia where admission is charged. In all, there are thirty-nine partially dry towns. In 2019, the Town of Argyle in Washington County voted to repeal

185-407: A license to sell liquor for off-premises consumption. Grocery and drug stores may obtain a license to sell beer alone or beer and "wine products", such as wine coolers (but not wine). Minors visiting a liquor store must be accompanied by an adult at all times; a violation can lead to the owner or manager being charged with second-degree unlawfully dealing with a minor, a Class B misdemeanor . Until

222-550: A news vending business in London that would become a national concern in the mid-19th century under the management of their grandson William Henry Smith . The world's oldest national retail chain, the firm took advantage of the railway boom during the Industrial Revolution by opening news-stands at railway stations beginning in 1848. The firm, now called WHSmith, had more than 1,400 locations as of 2017. In

259-497: Is a retail outlet in which several locations share a brand , central management and standardized business practices. They have come to dominate many retail markets, dining markets, and service categories in many parts of the world. A franchise retail establishment is one form of a chain store. In 2005, the world's largest retail chain, Walmart , became the world's largest corporation based on gross sales. In 1792, Henry Walton Smith and his wife Anna established W.H. Smith as

296-548: Is a law prohibiting other substances. Any person found under the influence of a substance other than alcohol in public who is endangering themselves and others is guilty under the New York State Penal Code. This also applies to those found under the influence and bothering others or damaging public or private property. Drinking in public was outlawed in New York City by Ed Koch in 1979. The law

333-498: Is not licensed with the SLA unless the establishment is currently applying, or will apply in the future, for a liquor license. Research has been conducted into the association between closing times and crime in New York. Counties with later closing times tend to have greater rates of violent crime (except gun violence), but not non-violent crime. This was true even after adjusting for socio-demographic factors. Only liquor stores may obtain

370-456: Is the last remaining music chain store in the United States and has shrunk from over 1,000 at its height to 270 locations in 2018. In 2019, Payless ShoeSource stated that it would be closing all remaining 2,100 stores in the US. A restaurant chain is a set of related restaurants in many different locations that are either under shared corporate ownership or franchising agreements. Typically,

407-648: The Executive Department to accommodate governmental functions not anticipated in the 1920s, while conforming with the limits established by the Constitution. These additions include divisions and offices that do not logically fit into the framework of the other departments, such as the Division of Veterans' Affairs (which advises veterans on services, benefits and entitlements, and administers payments of bonuses and annuities to blind veterans) and

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444-553: The Office of General Services (which provides centralized data processing , construction, maintenance and design services as well as printing, transportation and communication systems). Some of the divisions, offices, boards, commissions, councils, and other independent agencies that are part of the New York State Executive Department are the: Chain store A chain store or retail chain

481-492: The U.S. Supreme Court in 1931. Between then and 1933, 525 chain-store tax bills were introduced in state legislatures, and by the end of 1933 special taxes on retail chains were in force in 17 states. A chain store is characterised by the ownership or franchise relationship between the local business or outlet and a controlling business. While chains are typically "formula retail", a chain refers to ownership or franchise, whereas "formula retail" or "formula business" refers to

518-689: The U.S., trade organizations such as the American Booksellers Association and American Specialty Toy Retailers do national promotion and advocacy. NGOs like the New Rules Project and New Economics Foundation provide research and tools for pro-independent business education and policy while the American Independent Business Alliance provides direct assistance for community-level organizing. A variety of towns and cities in

555-424: The U.S., chain stores likely began with J. Stiner & Company, which operated several tea shops in New York City around 1860. By 1900, George Huntington Hartford had built The Great Atlantic & Pacific Tea Company , originally a tea distributor based in New York, into a grocery chain that operated almost 200 stores. Dozens of other grocery, drug, tobacco, and variety stores opened additional locations, around

592-679: The US), or as exceeding municipal zoning authority (i.e., regulating "who owns it" rather than the characteristics of the business). Non-codified restrictions will sometimes target "chains". A municipal ordinance may seek to prohibit "formula businesses" in order to maintain the character of a community and support local businesses that serve the surrounding neighborhood. Brick-and-mortar chain stores have been in decline as retail has shifted to online shopping , leading to historically high retail vacancy rates. The hundred-year-old Radio Shack chain went from 7,400 stores in 2001 to 400 stores in 2018. FYE

629-415: The United States whose residents wish to retain their distinctive character—such as San Francisco ; Provincetown, Massachusetts and other Cape Cod villages; Bristol, RI ; McCall, Idaho ; Port Townsend, Washington ; Ogunquit, Maine ; Windermere, Florida and Carmel-by-the-Sea, California —closely regulate, even exclude, chain stores. They don't exclude the chain itself, only the standardized formula

666-646: The blood (defined legally as 0.02% or more) are subject to license revocation for six months or more. Other penalties for drunken driving include fines, license suspension/revocation, possible imprisonment, and in some cases the implementation of an ignition interlock device . A lesser charge, driving with ability impaired (DWAI), may apply when a driver's BAC exceeds 0.05%. Research suggests that misdemeanor drunk driving offenses, but not felony drunk driving offenses, are related to county-based closing times for on-premises licensed venues. New York State has no law against being intoxicated from alcohol in public , but there

703-490: The case of towns, the decision would also be binding on any villages within them. Cities and towns may become totally dry, forbidding any on- or off-premises alcohol sales, or partially dry by forbidding one or the other or applying those prohibitions only to beer or to wine and spirits. As of 2024, there are six dry towns in the state, all in lightly populated rural areas upstate : Ten towns forbid on-premises consumption but allow off-premises purchases; four allow both only at

740-466: The characteristics of the business. There is considerable overlap because key characteristic of a formula retail business is that it is controlled as a part of a business relationship, and is generally part of a chain. Nevertheless, most codified municipal regulation relies on definitions of formula retail (e.g., formula restaurants ), in part because a restriction directed to "chains" may be deemed an impermissible restriction on interstate commerce (in

777-475: The company, while his brothers split the remaining 49%. Under Isidore's (and later his son Louis') leadership, Maisons Dewachter would become one of the most recognized names in Belgium and France with stores in 20 cities and towns. Some cities had multiple stores, such as Bordeaux, France . Louis Dewachter also became an internationally known landscape artist, painting under the pseudonym Louis Dewis . By

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814-463: The earliest closing times in the state at 1 a.m. For a complete list of closing hours by county, see. The SLA does not permit establishments to allow patrons to " B.Y.O.B. " if the establishment does not have a license or permit to sell alcoholic beverages. The only exception to this rule is that establishments with fewer than 20 seats can permit B.Y.O.B. Nonetheless, the SLA does not have authority to take any direct action against an establishment that

851-487: The early 1920s, chain retailing was well established in the United States, with A&P, Woolworth's , American Stores, and United Cigar Stores being the largest. By the 1930s, chain stores had come of age, and stopped increasing their total market share. Court decisions against the chains' price-cutting appeared as early as 1906, and laws against chain stores began in the 1920s, along with legal countermeasures by chain-store groups. State taxes on chain stores were upheld by

888-668: The first fish and chips restaurant (as opposed to a take-away) in London, and its instant popularity led to a chain comprising 22 restaurants with locations around London and seaside resorts in southern England including Brighton , Ramsgate and Margate . In 1864, the Aerated Bread Company (ABC) began operating a chain of teashops in Britain. ABC would be overtaken as the leader in the field by Lyons , co-founded by Joseph Lyons in 1884. From 1909 Lyons began operating

925-427: The first increase of the drinking age to 19 on December 4, 1982.) Persons under 21 are prohibited from purchasing alcohol or possessing alcohol with the intent to consume, unless the alcohol was given to that person by their parent or legal guardian. There is no law prohibiting persons under the age of 21 consuming alcohol that was given to them by their parent or legal guardian. Persons under 21 are prohibited from having

962-651: The governor and conduct activities according to statute or executive order . Its regulations are compiled in title 9 of the New York Codes, Rules and Regulations . At the time of the New York's 1920s constitutional reforms , the Executive Department—headed by the Governor—housed only a few core functions such as budgeting , procurement , the state police and military and naval affairs. Since that time, numerous agencies have been created within

999-485: The increase in excise taxes collected would help the state close its budget deficit. The proposed law garnered so much opposition from liquor store owners that it was never voted on by either chamber of the New York State Legislature . New York law requires that every license to sell wine or spirits at retail for off-premises consumption be held by a single individual who lives within a few miles of

1036-523: The issuance of licenses to traffic in alcoholic beverages … and to carry out the increase or decrease in the number thereof and the location of premises licensed … in the public interest." The DABC is a division of the New York State Executive Department . In New York, for purposes of state law, there are only four hours Monday through Saturday in which alcohol may not be served: 4:00 a.m. to 8:00 a.m. On Sundays

1073-575: The limitation is six hours: 4:00 a.m. to 10:00 a.m. This was designed to accommodate both New York City nightlife and late-night workers statewide. Some upstate areas such as Buffalo , Albany , and Saratoga Springs retain the 4:00 a.m closing time, although individual counties are free to set an earlier "last call". In Binghamton , this is at 3:00 a.m.; in Syracuse , Plattsburgh , Oneonta , Rochester and Watertown , bars close at 2:00 a.m.; and Elmira , Geneva , and Ithaca , have some of

1110-496: The mid-2000s, sales of beer before noon on Sundays for off-premises consumption were prohibited statewide, a remnant of a royal decree during the Colonial era , and between 3–6 a.m. any other day. Changes to the law made in the last years of Governor George Pataki 's administration loosened those restrictions, and now beer sales are only prohibited from 3–8 a.m. Sundays. Counties are free to adjust those hours in either direction, all

1147-430: The restaurants within a chain are built to a standard format through architectural prototype development and offer a standard menu and/or services. Fast food restaurants are the most common, but sit-down restaurant chains also exist. Restaurant chains locations are often found near highways , shopping malls and densely populated urban or tourist areas . In 1896, Samuel Isaacs from Whitechapel , east London opened

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1184-990: The same time, so that retail chains were common in the United States by 1910. Several state legislatures considered measures to restrict the growth of chains, and in 1914 concern about chain stores contributed to passage of the Federal Trade Commission Act and the Clayton Antitrust Act. Isidore, Benjamin and Modeste Dewachter originated the idea of the chain department store in Belgium in 1868, ten years before A&P began offering more than coffee and tea. They started with four locations for Maisons Dewachter (Houses of Dewachter): La Louvière , Mons , Namur and Leuze . They later incorporated as Dewachter frères (Dewachter Brothers) on January 1, 1875. The brothers offered ready-to-wear clothing for men and children and specialty clothing such as riding apparel and beachwear. Isidore owned 51% of

1221-551: The store and who holds no other such licenses in the state. It was intended to prevent any chain liquor stores from doing business in the state. Some proprietors open additional stores in the names of their family members while maintaining complete control over all the stores. Collaboration is not only limited to families; for example, Premier Group or Global Group in western New York has three locations, with each individually owned and operated. State law prohibits dry counties . Individual cities and towns may choose to be dry. In

1258-693: The town's dry status. Argyle had made 11 attempts prior to do so. As a result, there are now only six remaining dry towns in New York State. In response to the National Minimum Drinking Age Act in 1984, which reduced by up to 10% the federal highway funding of any state that did not have a minimum purchasing age of 21, the New York Legislature raised the drinking age from 19 to 21, effective December 1, 1985. (The drinking age had been 18 since 1933, before

1295-458: The way to midnight and noon, and allow 24-hour beer sales on other days of the week. The law also changed for liquor stores. They may now open on Sundays (although not before noon) and in a 2022 change they may now open on Christmas should they choose to do so. A few years after the Pataki administration changes, Governor David Paterson sought to allow supermarkets to sell wine. He argued that

1332-617: Was decriminalized , but NYPD officers may still arrest an intoxicated individual on other charges. New York State Executive Department The New York State Executive Department of the New York state government serves as the administrative department of the Governor of New York . This department has no central operating structure ; it consists of a number of divisions, offices, boards, commissions, councils, and other independent agencies that provide policy advice and assistance to

1369-643: Was originally pitched as targeting antisocial derelicts congregating in parks and on sidewalks, with Frederick E. Samuel, one of the measure's proponents in the New York City Council , stating "We do not recklessly expect the police to give a summons to a Con Ed worker having a beer with his lunch". By the end of the year similar laws had spread to municipalities in Westchester County . On March 7, 2016, drinking in public in Manhattan

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