New York Consolidated Laws

N.Y. Alcoholic Beverage Control Law § 2 (2026)

Policy of state and purpose of chapter

✓ current as of May 2026

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§ 2. Policy of state and purpose of chapter. It is hereby declared as
the policy of the state that it is necessary to regulate and control the
manufacture, sale 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; for the primary
purpose of promoting the health, welfare and safety of the people of the
state, promoting temperance in the consumption of alcoholic beverages;
and, to the extent possible, supporting economic growth, job
development, and the state's alcoholic beverage production industries
and its tourism and recreation industry; and which promotes the
conservation and enhancement of state agricultural lands; provided that
such activities do not conflict with the primary regulatory objectives
of this chapter. It is hereby declared that such policies will best be
carried out by empowering the liquor authority of the state to determine
whether public convenience and advantage will be promoted by the
issuance of licenses to traffic in alcoholic beverages, the increase or
decrease in the number thereof and the location of premises licensed
thereby, subject only to the right of judicial review provided for in
this chapter. It is the purpose of this chapter to carry out these
policies in the public interest.

Notes of Decisions

Cited in 17 cases (4 in the last 5 years), 1982–2026 · leading case: DJL Restaurant Corp. v. City of New York, 749 N.E.2d 186 (NY 2001).

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DJL Restaurant Corp. v. City of New York, 749 N.E.2d 186 (NY 2001). “The Legislature enacted the ABC Law to promote temperance in the consumption of alcoholic beverages and to advance “respect for [the] law” (see, Alcoholic Beverage Control Law § 2). In carrying out its objectives, the ABC Law preempts its field by comprehensively regulating…”

Beer Garden, Inc. v. New York State Liquor Auth., 79 N.Y.2d 266 (NY 1992). “The first grants the SLA the authority to "revoke, cancel or suspend for cause any license or permit” (Alcoholic Beverage Control Law § 17 [3]); the second requires the SLA to prepare and furnish to each licensee a statement of the causes for which a license may be revoked…”

Garal Wholesalers, Ltd. v. Miller Brewing Co., 193 Misc. 2d 630 (N.Y. Sup. Ct. 2002). “” As a matter of public policy, alcohol manufacture, sale, and distribution, including the termination of a beer distributorship, is an area that is comprehensively and pervasively regulated. The declared policy of New York is that it is necessary to regulate and control the…”

Brown-Forman Distillers Corp. v. State Liquor Auth., 479 N.E.2d 764 (NY 1985). “The declared policy of New York State is that it is necessary to regulate and control the manufacture, sale and distribution of alcoholic beverages (see, Alcoholic Beverage Control Law §§ 2,101-b), and the challenged provisions implement that legislative determination.”

Copeland Holdings, LLC v. Gravity Ciders, Inc., 2026 NY Slip Op 02704 (N.Y. App. Div. 2026). · cites it 2× “, 226 AD3d 1199, 1200 [3d Dept 2024] [internal quotation marks and citations omitted], lv denied 42 NY3d 906 [2024]; see generally Alcoholic Beverage Control Law § 2). FN3 Next, with respect to defendant's second counterclaim alleging conversion/replevin, we note that while…”

Victoria T. Enter., Inc. v. Charmer Indus., Inc., 63 A.D.3d 1698 (N.Y. App. Div. 2009). “v City of New York, 96 NY2d 91, 96 [2001]; see Alcoholic Beverage Control Law § 2). “[I]t would be inappropriate for [this Court] to find another enforcement mechanism beyond the statute’s already ‘comprehensive’ scheme .”

People v. Taxin, 11 Misc. 3d 45 (N.Y. App. Term. 2006). “However, it should be noted that the underlying policy of the Alcoholic Beverage Control Law is to “regulate and control the manufacture, sale and distribution within the state of alcoholic beverages for the purpose of fostering and promoting temperance in their consumption and…”

Jay-Jay Cabaret, Inc. v. State, 215 A.D.2d 172 (N.Y. App. Div. 1995). · cites it 2× “1 [q]) on the grounds that the SLA had acted without statutory authority in promulgating that "no-fault” rule, specifically recognized that, under the Alcoholic Beverage Control Law, the Legislature granted the SLA specific and particular, rather than general, rule-making…”

Battipaglia v. New York State Liquor Auth., 583 F. Supp. 8 (S.D.N.Y. 1982). “As to the second, it can hardly be denied that the state’s supervision in the area is anything but active.”

New York State Dep't of Taxation & Fin. v. St. Regis Grp., 161 Misc. 2d 383 (N.Y. Sup. Ct. 1994). “the policy of the state that it is necessary to regulate and control the manufacture, sale and distribution within the state of alcoholic beverages * * * such policy will best be carried out by empower *389 ing the liquor authority of the state to determine whether public…”

People v. Chavez-Zuniga, 48 Misc. 3d 91 (N.Y. App. Term. 2015). “Indeed, the policies and regulations established by the legislature in enacting the Alcoholic Beverage Control Law — including, inter alia, to regulate the sale and distribution of alcoholic beverages within the state “for the purpose of fostering and promoting temperance in…”

Fox v. State of New York, 2025 NY Slip Op 02190 (N.Y. App. Div. 2025). · cites it 2× “Here, the State established its prima facie entitlement to judgment as a matter of law dismissing the cause of action alleging negligence insofar as asserted by Fox by submitting evidence demonstrating that the actions or inactions complained of involved the performance of the…”

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