N.Y. Comp. Codes R. & Regs. tit. 9 § 49.9

Current through Register Vol. 46, No. 25, June 18, 2024

Section 49.9 - Prohibitions

(a) No bottle club licensee shall suffer or permit any gambling on the licensed premises or suffer or permit such premises to become disorderly.

(b) No bottle club licensee shall deliver, serve or give away or permit or procure to be delivered, served or given away any alcoholic beverage to (1) any minor actually or apparently under the age of 21 years or to (2) any intoxicated person or to any person apparently under the influence of any alcoholic beverage; nor shall he or she permit any such person to consume any alcoholic beverage in the licensed premises.

(c) No bottle club licensee shall employ, or permit to be employed, or shall suffer to work, on any premises licensed hereunder, any person under the age of 18 years, as a hostess, waitress, waiter, or in any other capacity where the duties of such person require or permit such person to dispense or handle alcoholic beverages.

(d) No bottle club licensee shall permit or suffer to appear as an entertainer, on any premises licensed hereunder, any person under the age of 18 years. Failure to restrain such a person from so appearing shall be deemed to constitute permission.

(e) No bottle club licensee shall sell any alcoholic beverages on the licensed premises.

(f) No bottle club licensee shall suffer or permit any alcoholic beverages to be brought into the licensed premises, or consumed therein, other than alcoholic beverages purchased by the licensee to give a way to customers for on premises consumption, unless the container shall bear the signature of the person bringing such liquor into the premises or unless there is attached thereto a label signed by such person.

(g) No alcoholic beverages other than alcoholic beverages purchased by the licensee to give away to customers for on premises consumption, shall be stored, kept or received on the licensed premises nor consumed therein unless labeled as herein required.

(h) No licensee shall suffer or permit any alcoholic beverages brought into the premises to be taken therefrom by the owner thereof or any other person but shall store the same in the name and for the use of such owner.

(i) No licensee shall suffer or permit any illicit alcoholic beverage or spurious liquor to be brought into, stored, kept or consumed on the licensed premises. For the purposes of this rule illicit alcoholic beverage means and includes any alcoholic beverage on which any tax require d to have been paid under any applicable federal law has not been paid. Spurious liquor means and includes liquor in containers, the contents of which are not as represented on the labels affixed thereto.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 49.9

Amended New York State Register December 19, 2018/Volume XL, Issue 51, eff. 12/19/2018