§ 106. Provisions governing licensees to sell at retail for\nconsumption on the premises. 1. No retail license for on-premises\nconsumption shall be granted for any premises, unless the applicant\nshall be the owner thereof, or shall be in possession of said premises\nunder a lease, management agreement or other agreement giving the\napplicant control over the food and beverage at the premises, in\nwriting, for a term not less than the license period except, however,\nthat such license may thereafter be renewed without the requirement of a\nlease, management agreement or other agreement giving the applicant\ncontrol over the food and beverage at the premises, as herein provided.\nThis subdivision shall not apply to premises leased from government\nagencies, as defined under subdivision twelve-c of section three of this\nchapter; provided, however, that the appropriate administrator of such\ngovernment agency provides some form of written documentation regarding\nthe terms of occupancy under which the applicant is leasing said\npremises from the government agency for presentation to the state liquor\nauthority at the time of the license application. Such documentation\nshall include the terms of occupancy between the applicant and the\ngovernment agency, including, but not limited to, any short-term leasing\nagreements or written occupancy agreements.\n 2. (a) No retail licensee for on-premises consumption, except\ncorporations operating railroad cars or aircraft being operated on\nregularly scheduled flights by a United States certificated airline or\npersons or corporations operating a hotel, as defined in subdivision\nfourteen of section three of this chapter, for exclusive use in the\nfurnishing of room service in the manner prescribed by rule or\nregulation of the state liquor authority, shall keep upon the licensed\npremises any liquors and/or wines in any cask, barrel, keg, hogshead or\nother container, except in the original sealed package as received from\nthe manufacturer or wholesaler. Such containers shall have affixed\nthereto such labels as may be required by the rules of the liquor\nauthority, together with all necessary federal revenue and New York\nstate excise stamps as required by law. No retail licensee for\non-premises consumption shall reuse, refill, tamper with, intentionally\nadulterate, dilute or fortify the contents of any container of alcoholic\nbeverages as received from the manufacturer or wholesaler.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a retail licensee for on-premises consumption may prepare\nand keep drinks containing alcoholic beverages in dispensing machines,\nhaving capacities of not less than a gallon, which continually mix such\ndrinks or utilizing a pressurized mixing and dispensing system.\n * 2-a. (a) Notwithstanding any provision of law to the contrary, in\naddition to any other privilege provided under this chapter, any retail\nlicense that allows for liquor and/or wine sale for on-premises\nconsumption shall also include the privilege to sell for take-out and\ndelivery, any product it may otherwise sell at retail, subject to the\nfollowing conditions:\n (i) any purchase for take-out or delivery must be accompanied by a\npurchase of a substantial food item;\n (ii) the alcoholic beverages are packaged in a container with a secure\nlid or cap sealed in a manner designed to prevent consumption without\nremoval of the lid or cap by breaking the seal;\n (iii) beverages purchased for take-out or delivery are subject to any\napplicable state and municipal open container laws, rules, regulations,\nor ordinances;\n (iv) takeout and delivery of alcoholic beverages may only occur during\nlicensed hours of operation of on premises retailers in the county in\nwhich the licensed premises are located or, if different, the hours of\noperation set forth in the licensee's method of operation with the\nauthority;\n (v) the price per serving shall be the same
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