ny alcoholic beverage control
What NY state law regulates serving alcohol by art galleries?
In East Hampton, New York, an art gallery owner was arrested because she had a party where she served wine and champagne. (See http://www.easthamptonstar.com/dnn/Home/News/Vered/tabid/5627/Default.aspx)
The article quotes the NY State alcoholic beverage control law as follows: “No person shall manufacture for sale or sell at wholesale or retail any alcoholic beverage within the state without obtaining the appropriate license.”
But the wine was not sold in this case; it was free as part of the party, and the police do not contest that. It’s hard to see how a law which prohibits “sale” could be applied to a non-sale.
I’m trying to find out what NY State law or regulation applies to this case.
Thanks for any help.
In order to serve alcohol to the public any business must apply for a liquor license. The art gallery did not have one.
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