S. 5358 2
duly authorized and lawfully conducted, the sale of corkscrews or the
sale of ice or the sale of publications, including prerecorded video
and/or audio cassette tapes, designed to help educate consumers in their
knowledge and appreciation of wine and wine products, as defined in
section three of this chapter, or the sale of [non-carbonated, non-fla-
vored mineral waters, spring waters and drinking waters or the sale of
glasses designed for the consumption of wine] BOTTLED WATER, MIXERS,
JUICE AND SODA, OR THE SALE OF CIGARS, CIGAR ACCESSORIES INCLUDING BUT
NOT LIMITED TO HUMIDORS, LIGHTERS AND CUTTERS, CIGAR RELATED PUBLICA-
TIONS DESIGNED TO HELP EDUCATE CONSUMERS IN THEIR KNOWLEDGE AND APPRECI-
ATION OF CIGAR PRODUCTS, NEWSPAPERS OR FOOD ITEMS INCLUDING BUT NOT
LIMITED TO LOCALLY GROWN FARM PRODUCTS AND ANY FOOD NOT SPECIFICALLY
PREPARED FOR IMMEDIATE ON PREMISES CONSUMPTION AND FOOD PRODUCTS TYPI-
CALLY CONSUMED WITH ALCOHOLIC BEVERAGES, INCLUDING BUT NOT LIMITED TO
SNACK FOODS AND GOURMET FOODS, GIFTS, GIFT BAGS AND GIFT BASKETS, GLASS-
WARE AND DECANTERS RELATED TO THE CONSUMPTION OR STORAGE OF WINE AND/OR
LIQUOR, WINE REFRIGERATORS AND COOLERS, WINE MAKING PUBLICATIONS AND
SUPPLIES, racks designed for the storage of wine, and devices designed
to minimize oxidation in bottles of wine which have been uncorked[,
shall not constitute engaging in another business within the meaning of
this subdivision].
(B) THE INSTALLATION AND OPERATION OF AUTOMATED TELLER MACHINES SHALL
NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF THIS
SUBDIVISION. FOR PURPOSES OF THIS SUBDIVISION, "AUTOMATED TELLER
MACHINE" MEANS A DEVICE WHICH IS LINKED TO THE ACCOUNTS AND RECORDS OF A
BANKING INSTITUTION AND WHICH ENABLES CONSUMERS TO CARRY OUT BANKING
TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, ACCOUNT TRANSFERS, DEPOS-
ITS, CASH WITHDRAWALS, BALANCE INQUIRIES, AND LOAN PAYMENTS.
5. [Not more than one license shall be] NOTHING IN THIS SECTION SHALL
BE CONSTRUED TO PROHIBIT MULTIPLE LICENSES FROM BEING granted to any
person under this section EXCEPT GROCERY AND DRUG STORES LICENSED PURSU-
ANT TO SECTION SEVENTY-NINE-E OF THIS CHAPTER.
7. ANY LICENSE UNDER THIS SECTION GRANTED FOR LICENSED PREMISES OCCU-
PYING LESS THAN THREE THOUSAND SQUARE FEET, INCLUDES THE PRIVILEGES TO
SELL UP TO FIFTEEN BOTTLES OF LIQUOR AND/OR WINE IN ANY THIRTY DAY PERI-
OD TO ANY PERSON LICENSED UNDER THIS CHAPTER TO SELL LIQUOR AT RETAIL
FOR CONSUMPTION ON THE PREMISES AND WINE TO ANY PERSON LICENSED UNDER
THIS CHAPTER TO SELL WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES.
SUCH SALES SHALL NOT BE SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED
ONE-AA OR ONE HUNDRED ONE-B OF THIS CHAPTER.
8. EVERY LICENSEE UNDER THIS SECTION SHALL HAVE AN INDIVIDUAL IN A
POSITION OF MANAGEMENT AND CONTROL ASSIGNED TO IT WHO HAS BEEN ISSUED A
CERTIFICATE OF COMPLETION FROM AN APPROVED ALCOHOL TRAINING AWARENESS
PROGRAM.
S 4. Subdivision 2 of section 79 of the alcoholic beverage control law
is amended and two new subdivisions 5 and 6 are added to read as
follows:
2. [Not more than one license shall be] NOTHING IN THIS SECTION SHALL
BE CONSTRUED TO PROHIBIT MULTIPLE LICENSES FROM BEING granted to any
person under this section EXCEPT GROCERY AND DRUG STORES LICENSED PURSU-
ANT TO SECTION SEVENTY-NINE-E OF THIS ARTICLE.
5. ANY LICENSE UNDER THIS SECTION GRANTED FOR LICENSED PREMISES OCCU-
PYING LESS THAN THREE THOUSAND SQUARE FEET INCLUDES THE PRIVILEGES TO
SELL UP TO FIFTEEN BOTTLES OF LIQUOR AND/OR WINE IN ANY THIRTY DAY PERI-
OD TO ANY PERSON LICENSED UNDER THIS CHAPTER TO SELL WINE AT RETAIL FOR
CONSUMPTION OFF THE PREMISES OR ANY PERSON HOLDING A SINGLE LICENSE
S. 5358 3
GRANTED PURSUANT TO SECTION SEVENTY-NINE-E OF THIS ARTICLE. SUCH SALES
SHALL NOT BE SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED ONE-AA OR
ONE HUNDRED ONE-B OF THIS CHAPTER.
6. EVERY LICENSEE UNDER THIS SECTION SHALL HAVE AN INDIVIDUAL IN A
POSITION OF MANAGEMENT AND CONTROL ASSIGNED TO IT WHO HAS BEEN ISSUED A
CERTIFICATE OF COMPLETION FROM AN APPROVED ALCOHOL TRAINING AWARENESS
PROGRAM.
S 5. The alcoholic beverage control law is amended by adding a new
section 79-e to read as follows:
S 79-E. GROCERY OR DRUG STORE WINE LICENSE. 1. ANY PERSON MAY APPLY TO
THE AUTHORITY FOR A LICENSE TO SELL FROM THE LICENSED PREMISES WINE IN
SEALED CONTAINERS FOR CONSUMPTION OFF SUCH PREMISES; PROVIDED, HOWEVER
THAT NO PERSON LICENSED PURSUANT TO THIS SECTION MAY APPLY FOR A WARE-
HOUSE PERMIT PURSUANT TO SECTION NINETY-SIX OF THIS CHAPTER.
2. NO SUCH LICENSE SHALL BE ISSUED, HOWEVER, TO ANY PERSON FOR ANY
PREMISES OTHER THAN A GROCERY STORE, AS DEFINED IN SUBDIVISION THIRTEEN
OF SECTION THREE OF THIS CHAPTER, OR A DRUG STORE, AS DEFINED IN SUBDI-
VISION TWELVE OF SECTION THREE OF THIS CHAPTER.
3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, EXCEPT FOR
GOOD CAUSE SHOWN, THE AUTHORITY SHALL ISSUE A GROCERY OR DRUG STORE WINE
LICENSE TO THE HOLDER OF A LICENSE TO SELL BEER AT RETAIL FOR CONSUMP-
TION OFF THE PREMISES PURSUANT TO SECTION FIFTY-FOUR OF THIS CHAPTER, OR
BEER AND WINE PRODUCTS AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSU-
ANT TO SECTION FIFTY-FOUR-A OF THIS CHAPTER, AT THE REQUEST OF SUCH
LICENSEE.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, THE PREMISES OF THE GROCERY
OR DRUG STORE WINE LICENSEE SHALL BE THE SAME AS THE PREMISES LICENSED
UNDER SECTION FIFTY-FOUR OR FIFTY-FOUR-A OF THIS CHAPTER.
(C) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY LICENSE
ISSUED PURSUANT TO THIS SECTION SHALL RUN CONCURRENTLY WITH THE UNDERLY-
ING LICENSE UNDER SECTION FIFTY-FOUR OR FIFTY-FOUR-A OF THIS CHAPTER,
AND SHALL BE DEEMED EXPIRED AT SUCH TIME AS THE UNDERLYING LICENSE
EXPIRES.
(D) ANY PERSON LICENSED TO SELL WINE PURSUANT TO THIS ARTICLE SHALL BE
PERMITTED TO CONDUCT WINE TASTINGS. WINE TASTINGS WHICH ARE CONDUCTED
UNDER THE AUSPICES OF AN OFFICIAL AGENT OF A FARM WINERY, WINERY, WHOLE-
SALER, OR IMPORTER AND WHERE SUCH AGENT IS PHYSICALLY PRESENT AT ALL
TIMES DURING THE CONDUCT OF THE TASTING, THEN, IN THAT EVENT, ANY
LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A WINE TASTING
AS AUTHORIZED PURSUANT TO THIS SECTION, AND IN ACCORDANCE WITH THE
PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW,
SHALL ACCRUE TO THE FARM WINERY, WINERY, WHOLESALER, OR IMPORTER.
4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY
MAY ISSUE A LICENSE UNDER THIS SECTION TO THE HOLDER OF A LICENSE TO
SELL WINE AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSUANT TO SECTION
SEVENTY-NINE OF THIS ARTICLE, PROVIDED THAT: (A) THE LICENSEE MEETS THE
REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION; AND (B) UPON ISSUANCE
OF A LICENSE, THE LICENSEE UNDER THIS SECTION SURRENDERS THE LICENSE
CERTIFICATE ISSUED PURSUANT TO SUCH SECTION SEVENTY-NINE.
5. SUCH APPLICATION SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH
INFORMATION AS SHALL BE REQUIRED BY THE RULES OF THE AUTHORITY AND SHALL
BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY THIS ARTI-
CLE FOR SUCH LICENSE.
6. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY PERSON
RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE
S. 5358 4
PROVISIONS OF SUBDIVISION TWO, THREE OR FOUR OF SECTION SEVENTY-NINE OF
THIS ARTICLE.
7. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY PERSON
RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE
PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION ONE HUNDRED
FIVE OF THIS CHAPTER.
8. (A) A ONE-TIME FRANCHISE FEE SHALL BE PAID BY EACH RETAIL OUTLET TO
THE STATE LIQUOR AUTHORITY. THIS FRANCHISE FEE IS HEREBY IMPOSED PURSU-
ANT TO THE FOLLOWING SCHEDULE PER LOCATION BASED UPON GROSS SALES IN THE
PREVIOUS YEAR:
ANNUAL SALES FRANCHISE FEE PER LOCATION
$0-$249,999 $1,000
$250,000-$499,999 0.39 OF ONE PERCENT OF TOTAL GROSS SALES
$500,000-$999,999 0.39 OF ONE PERCENT OF TOTAL GROSS SALES
$1,000,000-$2,499,000 0.49 OF ONE PERCENT OF TOTAL GROSS SALES
$2,500,000-$4,999,999 0.49 OF ONE PERCENT OF TOTAL GROSS SALES
$5,000,000-$9,999,999 0.49 OF ONE PERCENT OF TOTAL GROSS SALES
$10,000,000-$24,999,999 0.99 OF ONE PERCENT OF TOTAL GROSS SALES
$25,000,000-$39,999,999 1.5 OF ONE PERCENT OF TOTAL GROSS SALES
$40,000,000 AND GREATER 1.7 PERCENT OF TOTAL GROSS SALES
WAREHOUSE STORES 2.0 PERCENT OF TOTAL GROSS SALES
FOR THE PURPOSES OF THIS PARAGRAPH, "TOTAL GROSS SALES" SHALL NOT
INCLUDE SALES RESULTING FROM THE SALE OF TOBACCO AS DEFINED BY ARTICLE
TWENTY OF THE TAX LAW, MOTOR FUEL AS DEFINED BY ARTICLE TWELVE-A OF THE
TAX LAW NOR SHALL IT INCLUDE A MEMBERSHIP FEE PURSUANT TO SECTION NINE-
TY-SIX OF THIS CHAPTER. FOR THE PURPOSES OF THIS PARAGRAPH, NOTWITH-
STANDING THE GROSS SALES OF THE APPLICANT, AN ESTABLISHMENT THAT CHARGES
A MEMBERSHIP FEE TO ITS CUSTOMERS SHALL BE DEEMED A "WAREHOUSE STORE".
(B) IN THE EVENT AN APPLICANT HAS BEEN IN BUSINESS FOR LESS THAN
TWELVE MONTHS PRIOR TO THE FILING OF THE APPLICATION FOR THIS LICENSE,
SUCH APPLICANT SHALL, IN ACCORDANCE WITH THE RULES OF THE AUTHORITY,
REMIT AN ESTIMATE OF ITS FRANCHISE FEE BASED ON SQUARE FOOTAGE AT A
LICENSEE'S LOCATION PURSUANT TO THE FOLLOWING SCHEDULE:
SQUARE FOOTAGE LICENSEE'S FRANCHISE FEE PER LOCATION
LOCATION
0-999 $825
1,000-1,999 $1,650
2,000-3,999 $3,300
4,000-9,999 $8,250
10,000-19,999 $16,500
20,000-24,999 $33,000
25,000-29,999 $82,500
30,000-39,999 $132,000
40,000-79,999 $250,000
80,000 AND GREATER $350,000
WITHIN SIXTY DAYS AFTER SUCH LICENSEE SHALL HAVE BEEN IN BUSINESS FOR
TWELVE MONTHS, SUCH LICENSEE SHALL SUBMIT TO THE AUTHORITY, IN ACCORD-
ANCE WITH THE RULES OF THE AUTHORITY, A STATEMENT SHOWING ITS ACTUAL
TOTAL GROSS SALES FOR THE FIRST TWELVE MONTHS OF OPERATION AND THE FRAN-
CHISE FEE DUE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. IN THE
EVENT THE FRANCHISE FEE DETERMINED PURSUANT TO SUCH PARAGRAPH EXCEEDS
THE AMOUNT PAID PURSUANT TO THIS PARAGRAPH, THE LICENSEE SHALL REMIT
PAYMENT FOR THE BALANCE OF THE REQUIRED FRANCHISE FEE WITHIN SUCH
SIXTY-DAY PERIOD. FAILURE TO REMIT PAYMENT WITHIN SUCH SIXTY-DAY PERIOD
SHALL BE GROUNDS FOR CANCELLATION OR REVOCATION OF SUCH LICENSE. IN THE
EVENT THAT THE FRANCHISE FEE DUE PURSUANT TO PARAGRAPH (A) OF THIS
S. 5358 5
SUBDIVISION IS LESS THAN THE AMOUNT PAID PURSUANT TO THIS PARAGRAPH, THE
LICENSEE SHALL BE ENTITLED TO A REFUND EQUAL TO THE DIFFERENCE BETWEEN
THE FRANCHISE FEE PAID PURSUANT TO THIS PARAGRAPH AND THE AMOUNT DUE
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
(C) NO LICENSE SHALL BE ISSUED PURSUANT TO THIS SECTION UNTIL THE
FRANCHISE FEE OR ESTIMATED FRANCHISE FEE UNDER THIS SUBDIVISION REQUIRED
BY EITHER PARAGRAPH (A) OR (B) OF THIS SUBDIVISION HAS BEEN PAID IN
FULL.
9. EVERY LICENSEE UNDER THIS SECTION SHALL HAVE AN INDIVIDUAL IN A
POSITION OF MANAGEMENT AND CONTROL ASSIGNED TO IT WHO HAS BEEN ISSUED A
CERTIFICATE OF COMPLETION FROM AN APPROVED ALCOHOL TRAINING AWARENESS
PROGRAM.
10. NOTWITHSTANDING SUBDIVISION EIGHT OF THIS SECTION, NO FRANCHISE
FEE SHALL BE REQUIRED FROM AN APPLICANT WHO IS PURCHASING THE BUSINESS
OF A LICENSEE WHO HAS ALREADY PAID A FRANCHISE FEE, PROVIDED THAT SUCH
APPLICANT CONTINUES THE BUSINESS OPERATION AT THE SAME GEOGRAPHIC
LOCATION AS THE LICENSEE. IN THE EVENT THE APPLICANT SUBSEQUENTLY
REMOVES THE BUSINESS TO ANOTHER LOCATION, PAYMENT OF THE APPROPRIATE
FRANCHISE FEE SHALL BE REQUIRED PRIOR TO THE APPROVAL OF THE REMOVAL
PURSUANT TO SUBDIVISION THREE OF SECTION NINETY-NINE-D OF THIS CHAPTER.
11. THE AUTHORITY MAY MAKE SUCH RULES AS IT DEEMS NECESSARY TO CARRY
OUT THE PROVISIONS OF THIS SECTION, HOWEVER, SUCH RULES SHALL NOT BE
CONSTRUED TO PLACE ADDITIONAL LIMITATIONS UPON THE HOLDERS OF LICENSES
ISSUED PURSUANT TO SECTION SEVENTY-NINE OF THIS ARTICLE UNRELATED TO THE
SALE OF WINE.
S 6. Section 83 of the alcoholic beverage control law is amended by
adding a new subdivision 8 to read as follows:
8. THE ANNUAL FEE FOR A GROCERY OR DRUG STORE WINE LICENSE PURSUANT TO
SECTION SEVENTY-NINE-E OF THIS ARTICLE SHALL BE FIVE HUNDRED DOLLARS.
WHERE, HOWEVER, THE APPLICANT IS THE HOLDER OF TWO OR MORE SUCH
LICENSES, THE ANNUAL FEE FOR EACH ADDITIONAL LICENSE SHALL BE ONE THOU-
SAND DOLLARS. TEN PERCENT OF THE OVERALL FEES PAID UP TO ONE MILLION
DOLLARS SHALL BE DEPOSITED TO THE MISCELLANEOUS SPECIAL REVENUE FUND
(339) WINE INDUSTRY MARKETING AND PROMOTION ACCOUNT FOR APPROPRIATION
AND ALLOCATION TO THE NEW YORK WINE MARKETING PROGRAM, AS ESTABLISHED IN
SECTION THREE-A OF CHAPTER EIGHTY OF THE LAWS OF NINETEEN EIGHTY-FIVE,
SUCH SECTION AS ADDED BY CHAPTER THREE HUNDRED THIRTY OF THE LAWS OF TWO
THOUSAND FOUR. FURTHER, TEN PERCENT OF THE OVERALL FEES PAID UP TO TWO
MILLION DOLLARS PER YEAR SHALL BE APPROPRIATED TO MAKE STATE ASSISTANCE
PAYMENTS TO NOT-FOR-PROFIT CONSERVATION ORGANIZATIONS FOR FARMLAND
PROTECTION PROGRAMS PURSUANT TO SECTION THREE HUNDRED TWENTY-FIVE-A OF
THE AGRICULTURE AND MARKETS LAW.
S 7. The state finance law is amended by adding a new section 97-kkkk
to read as follows:
S 97-KKKK. NEW YORK WINE INDUSTRY MARKETING AND PROMOTION ACCOUNT. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE AN ACCOUNT TO BE
KNOWN AS THE NEW YORK WINE INDUSTRY MARKETING AND PROMOTION ACCOUNT.
2. SUCH ACCOUNT SHALL CONSIST OF REVENUES RECEIVED FROM GROCERY OR
DRUG STORE WINE LICENSE FEES PURSUANT TO SUBDIVISION EIGHT OF SECTION
EIGHTY-THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
3. MONEYS OF THE ACCOUNT, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE EXPENDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE-A
OF CHAPTER EIGHTY OF THE LAWS OF NINETEEN HUNDRED EIGHTY-FIVE, SUCH
SECTION AS ADDED BY CHAPTER THREE HUNDRED THIRTY OF THE LAWS OF TWO
THOUSAND FOUR. MONEYS SHALL BE PAID OUT OF THE ACCOUNT ON THE AUDIT AND
S. 5358 6
WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY
THE COMMISSIONER OF AGRICULTURE AND MARKETS.
S 8. Section 97-a of the alcoholic beverage control law is REPEALED
and a new section 97-a is added to read as follows:
S 97-A. TEMPORARY RETAIL PERMIT. 1. THE AUTHORITY IS HEREBY AUTHORIZED
TO ISSUE A TEMPORARY RETAIL PERMIT:
(A) TO THE TRANSFEREE OF A RETAIL LICENSE TO CONTINUE THE OPERATIONS
OF A RETAIL PREMISES DURING THE PERIOD THAT THE TRANSFER APPLICATION FOR
THE LICENSE FROM PERSON TO PERSON AT THE SAME PREMISES IS PENDING; OR
(B) TO THE APPLICANT FOR A NEW RETAIL LICENSE WHERE THE PROSPECTIVE
LICENSED PREMISES IS LOCATED IN A MUNICIPALITY WITH A POPULATION OF LESS
THAN ONE MILLION DURING THE PERIOD THAT THE APPLICATION IS PENDING.
2. SUCH A PERMIT MAY BE ISSUED IF ALL OF THE FOLLOWING CONDITIONS ARE
MET:
(A) THE APPLICANT FOR THE TEMPORARY PERMIT SHALL HAVE FILED WITH THE
AUTHORITY AN APPLICATION FOR A RETAIL LICENSE AT SUCH PREMISES, TOGETHER
WITH ALL REQUIRED FILING AND LICENSE FEES;
(B) THE APPLICANT SHALL HAVE FILED WITH THE AUTHORITY AN APPLICATION
FOR A TEMPORARY RETAIL PERMIT, ACCOMPANIED BY A NONREFUNDABLE FILING FEE
OF ONE HUNDRED TWENTY-EIGHT DOLLARS FOR ALL RETAIL BEER LICENSES OR SIX
HUNDRED FORTY DOLLARS FOR ALL OTHER RETAIL LICENSES; PROVIDED, HOWEVER,
THAT NO TEMPORARY RETAIL PERMIT SHALL BE ISSUED TO AN APPLICANT FOR A
LICENSE PURSUANT TO SECTION SEVENTY-NINE-E OF THIS CHAPTER UNTIL THE
FRANCHISE FEE OR ESTIMATED FRANCHISE FEE REQUIRED BY EITHER PARAGRAPH
(A) OR (B) OF SUBDIVISION EIGHT OF SECTION SEVENTY-NINE-E OF THIS CHAP-
TER HAS BEEN PAID IN FULL. IN THE EVENT SUCH APPLICATION IS DENIED, THE
APPLICANT SHALL RECEIVE A REFUND OF THE FRANCHISE FEE OR ESTIMATED FRAN-
CHISE FEE;
(C) IN THE CASE OF A TRANSFER APPLICATION, THE PREMISES SHALL HAVE
BEEN OPERATED UNDER A RETAIL LICENSE WITHIN THIRTY DAYS OF THE DATE OF
FILING THE APPLICATION FOR A TEMPORARY PERMIT; AND
(D) AT THE TIME THE PERMIT IS ISSUED THE CURRENT LICENSE, IF ANY, IN
EFFECT FOR SAID PREMISES SHALL HAVE BEEN SURRENDERED TO, PLACED INTO
SAFEKEEPING WITH, OR OTHERWISE DEEMED ABANDONED BY THE AUTHORITY.
3. A TEMPORARY RETAIL PERMIT UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF
THIS SECTION MAY NOT BE ISSUED FOR ANY PREMISES THAT IS SUBJECT TO THE
PROVISIONS OF SECTION SIXTY-THREE, PARAGRAPH (B) OF SUBDIVISION SEVEN OF
SECTION SIXTY-FOUR, SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION
SEVEN OF SECTION SIXTY-FOUR-A, SUBPARAGRAPH (II) OF PARAGRAPH (A) OF
SUBDIVISION ELEVEN OF SECTION SIXTY-FOUR-C, PARAGRAPH (B) OF SUBDIVISION
EIGHT OF SECTION SIXTY-FOUR-D, OR SECTION SEVENTY-NINE OF THIS CHAPTER.
4. A TEMPORARY RETAIL PERMIT ISSUED BY THE AUTHORITY PURSUANT TO THIS
SECTION SHALL BE FOR A PERIOD NOT TO EXCEED NINETY DAYS. A TEMPORARY
PERMIT MAY BE EXTENDED AT THE DISCRETION OF THE AUTHORITY, FOR AN ADDI-
TIONAL THIRTY DAY PERIOD UPON PAYMENT OF AN ADDITIONAL FEE OF SIXTY-FOUR
DOLLARS FOR ALL RETAIL BEER LICENSES AND NINETY-SIX DOLLARS FOR ALL
OTHER TEMPORARY PERMITS AND UPON COMPLIANCE WITH ALL CONDITIONS REQUIRED
IN THIS SECTION. THE AUTHORITY MAY, IN ITS DISCRETION, ISSUE ADDITIONAL
THIRTY DAY EXTENSIONS UPON PAYMENT OF THE APPROPRIATE FEE.
5. A TEMPORARY RETAIL PERMIT IS A CONDITIONAL PERMIT AND AUTHORIZES
THE HOLDER THEREOF:
(A) IN THE CASE OF A TRANSFER APPLICATION TO PURCHASE AND SELL SUCH
ALCOHOLIC BEVERAGES AS WOULD BE PERMITTED TO BE PURCHASED AND SOLD UNDER
THE PRIVILEGES OF THE RETAIL LICENSE FOR WHICH THE TRANSFER APPLICATION
HAS BEEN FILED;
S. 5358 7
(B) IN THE CASE OF ALL OTHER RETAIL APPLICATIONS, TO PURCHASE AND SELL
SUCH ALCOHOLIC BEVERAGES AS WOULD BE PERMITTED TO BE PURCHASED AND SOLD
UNDER THE PRIVILEGES OF THE LICENSE APPLIED FOR; AND
(C) TO SELL SUCH ALCOHOLIC BEVERAGES TO CONSUMERS ONLY AND NOT FOR
RESALE.
6. THE HOLDER OF A TEMPORARY RETAIL PERMIT SHALL PURCHASE ALCOHOLIC
BEVERAGES ONLY BY PAYMENT IN CURRENCY OR CHECK FOR SUCH ALCOHOLIC BEVER-
AGES ON OR BEFORE THE DAY SUCH ALCOHOLIC BEVERAGES ARE DELIVERED,
PROVIDED, HOWEVER, THAT THE HOLDER OF A TEMPORARY PERMIT ISSUED PURSUANT
TO THIS SECTION WHO ALSO HOLDS ONE OR MORE RETAIL LICENSES AND IS OPER-
ATING UNDER SUCH RETAIL LICENSE OR LICENSES IN ADDITION TO THE TEMPORARY
RETAIL PERMIT, AND WHO IS NOT DELINQUENT UNDER THE PROVISIONS OF SECTION
ONE HUNDRED ONE-AA OF THIS CHAPTER AS TO ANY RETAIL LICENSE UNDER WHICH
HE OR SHE OPERATES, MAY PURCHASE ALCOHOLIC BEVERAGES ON CREDIT UNDER THE
TEMPORARY PERMIT.
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A TEMPORARY RETAIL
PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE
AUTHORITY DETERMINES THAT GOOD CAUSE FOR SUCH CANCELLATION OR SUSPENSION
EXISTS. THE AUTHORITY SHALL PROMPTLY NOTIFY THE HOLDER OF A TEMPORARY
RETAIL PERMIT IN WRITING OF SUCH CANCELLATION OR SUSPENSION AND SHALL
SET FORTH THE REASONS FOR SUCH ACTION.
8. THE APPLICATION FOR A TEMPORARY PERMIT SHALL BE ON SUCH FORM AS THE
AUTHORITY SHALL PRESCRIBE.
9. APPROVAL OF, OR EXTENSION OF, A TEMPORARY RETAIL PERMIT SHALL NOT
BE DEEMED AS AN APPROVAL OF THE RETAIL APPLICATION.
10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
THE AUTHORITY MAY PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECES-
SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
S 9. Subdivision 2-a of section 100 of the alcoholic beverage control
law, as amended by chapter 249 of the laws of 2002, is amended to read
as follows:
2-a. No retailer shall employ, or permit to be employed, or shall
suffer to work, on any premises licensed for retail sale hereunder, any
person under the age of eighteen years, as a hostess, waitress, waiter,
or in any other capacity where the duties of such person require or
permit such person to sell, dispense or handle alcoholic beverages;
except that: (1) any person under the age of eighteen years and employed
by any person holding a grocery or drug store beer license shall be
permitted to handle and deliver beer and wine products for such licen-
see, (2) any person under the age of eighteen employed as a cashier by a
person holding a grocery or drug store beer license shall be permitted
to record and receive payment for beer and wine product sales when in
the presence of and under the direct supervision of a person eighteen
years of age or over, (2-a) any person under the age of eighteen years
and employed by a person holding a grocery store or drug store beer
license as either a cashier or in any other position to which handling
of containers which may have held alcoholic beverages is necessary,
shall be permitted to handle the containers if such have been presented
for redemption in accordance with the provisions of title ten of article
twenty-seven of the environmental conservation law, [and] (3) any person
under the age of eighteen years employed as a dishwasher, busboy, or
other such position as to which handling of containers which may have
held alcoholic beverages is necessary shall be permitted to do so under
the direct supervision of a person of legal age to purchase alcoholic
beverages in the state, (4) ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS
AND EMPLOYED BY A PERSON HOLDING A GROCERY OR DRUG STORE WINE LICENSE
S. 5358 8
SHALL BE PERMITTED TO HANDLE AND DELIVER WINE FOR SUCH LICENSEE, AND (5)
ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS AND EMPLOYED BY A PERSON
HOLDING A GROCERY OR DRUG STORE WINE LICENSE SHALL BE PERMITTED TO
RECORD AND RECEIVE PAYMENT FOR WINE SALES WHEN IN THE PRESENCE OF AND
UNDER THE DIRECT SUPERVISION OF A PERSON EIGHTEEN YEARS OR OVER.
S 10. Section 100 of the alcoholic beverage control law is amended by
adding a new subdivision 2-c to read as follows:
2-C. NO PERSON SHALL SELL, DELIVER OR GIVE AWAY OR CAUSE, PERMIT OR
PROCURE TO BE SOLD, DELIVERED OR GIVEN AWAY ANY ALCOHOLIC BEVERAGES TO
ANY PERSON, ACTUALLY OR APPARENTLY, UNDER THE AGE OF TWENTY-ONE YEARS.
AS A PRECONDITION TO THE SALE OF ANY ALCOHOLIC BEVERAGE FOR OFF-PREMISES
CONSUMPTION, THE PURCHASER OF ANY ALCOHOLIC BEVERAGE MUST PROVIDE WRIT-
TEN EVIDENCE OF AGE. NO LICENSEE, OR AGENT OR EMPLOYEE OF A LICENSEE
UNDER THIS CHAPTER, SHALL ACCEPT AS WRITTEN EVIDENCE OF AGE BY ANY SUCH
PERSON FOR THE PURCHASE OF ANY ALCOHOLIC BEVERAGE, ANY DOCUMENTATION
OTHER THAN: (A) A VALID DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION
CARD ISSUED BY THE COMMISSIONER OF MOTOR VEHICLES, THE FEDERAL GOVERN-
MENT, ANY UNITED STATES TERRITORY, COMMONWEALTH OR POSSESSION, THE
DISTRICT OF COLUMBIA, A STATE GOVERNMENT WITHIN THE UNITED STATES OR A
PROVINCIAL GOVERNMENT OF THE DOMINION OF CANADA, OR (B) A VALID PASSPORT
ISSUED BY THE UNITED STATES GOVERNMENT OR ANY OTHER COUNTRY, OR (C) AN
IDENTIFICATION CARD ISSUED BY THE ARMED FORCES OF THE UNITED STATES.
S 11. Paragraph a of subdivision 1 of section 101-aa of the alcoholic
beverage control law, as amended by chapter 84 of the laws of 2004, is
amended to read as follows:
a. "Credit period" means a period beginning on the date alcoholic
beverages are delivered and ending thirty days thereafter, EXCEPT THAT
WITH REGARD TO LICENSEES LICENSED UNDER SECTION SIXTY-THREE OF THIS
CHAPTER THE "CREDIT PERIOD" MEANS A PERIOD BEGINNING ON THE DATE ALCO-
HOLIC BEVERAGES ARE DELIVERED AND ENDING SIXTY DAYS THEREAFTER.
S 12. Section 101-aa of the alcoholic beverage control law is amended
by adding a new subdivision 3-a to read as follows:
3-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS
SECTION, THE HOLDER OF A LICENSE TO SELL LIQUOR AND WINE AT RETAIL FOR
CONSUMPTION OFF THE PREMISES, PURSUANT TO SECTION SIXTY-THREE OF THIS
CHAPTER, OR A LICENSE TO SELL WINE AT RETAIL FOR CONSUMPTION OFF THE
PREMISES PURSUANT TO SECTION SEVENTY-NINE OF THIS CHAPTER, WHO IS IN
DEFAULT EXCEPT TO A FARM WINERY LICENSED PURSUANT TO SECTION
SEVENTY-SIX-A OF THIS CHAPTER MAY PURCHASE ALCOHOLIC BEVERAGES ON CREDIT
EXCEPT FROM THE MANUFACTURER OR WHOLESALER WHO PLACED SUCH RETAIL LICEN-
SEE IN DEFAULT.
S 13. Paragraph (b) of subdivision 2 of section 101-b of the alcoholic
beverage control law, as amended by chapter 669 of the laws of 1989, is
amended to read as follows:
(b) to grant, directly or indirectly, any discount, rebate, free
goods, allowance or other inducement of any kind whatsoever, except a
discount or discounts for quantity of liquor or for quantity of wine and
a discount not in excess of one per centum for payment on or before ten
days from date of shipment. A DISCOUNT ON WINE PURCHASED ON A QUANTITY
BASIS SHALL NOT BE AUTHORIZED ON THE PURCHASE OF MORE THAN ONE HUNDRED
CASES OF WINE PER MONTH, OF THE SAME VARIETAL.
S 14. Paragraph (b) of subdivision 3 of section 101-b of the alcoholic
beverage control law, as amended by section 1 of part E of chapter 56 of
the laws of 2006, is amended to read as follows:
(b) No brand of liquor or wine shall be sold to or purchased by a
retailer unless a schedule, as provided by this section, is transmitted
S. 5358 9
to and received by the liquor authority, and is then in effect. Such
schedule shall be transmitted to the authority in such form, manner,
medium and format as the authority may direct; shall be deemed duly
verified by the person submitting such schedule upon its transmission to
the authority; and shall contain, with respect to each item, the exact
brand or trade name, capacity of package, nature of contents, age and
proof where stated on the label, the number of bottles contained in each
case, the bottle and case price to retailers, the net bottle and case
price paid by the seller, which prices, in each instance, shall be indi-
vidual for each item and not in "combination" with any other item, the
discounts for quantity, if any, and the discounts for time of payment,
if any. PROVIDED HOWEVER THAT, FOR THE PURPOSES OF THIS PARAGRAPH,
DIFFERENT PRODUCTS OR DIFFERENT SIZED BOTTLES FROM THE SAME MANUFACTURER
MAY BE COMBINED. Such brand of liquor or wine shall not be sold to
retailers except at the price and discounts then in effect unless prior
written permission of the authority is granted for good cause shown and
for reasons not inconsistent with the purpose of this chapter. Such
schedule shall be transmitted by each manufacturer selling such brand to
retailers and by each wholesaler selling such brand to retailers.
S 15. Subdivision 2 of section 105 of the alcoholic beverage control
law is REPEALED.
S 16. Subdivision 7 of section 105 of the alcoholic beverage control
law is REPEALED.
S 17. Paragraphs (b) and (c) of subdivision 10 of section 105 of the
alcoholic beverage control law are REPEALED and paragraph (a), as
amended by chapter 679 of the laws of 1950, is amended to read as
follows:
[(a)] Each retail licensee of liquor and/or wine for off-premises
consumption shall have conspicuously displayed within the interior of
the licensed premises where sales are made and where it can be readily
inspected by consumers a printed price list of the liquors and/or wines
offered for sale therein; and no liquor and/or wine shall be sold except
at the price set forth in such list[;].
S 18. Paragraphs (a) and (b) of subdivision 14 of section 105 of the
alcoholic beverage control law, paragraph (a) as amended by section 1 of
part U of chapter 63 of the laws of 2003 and paragraph (b) as amended by
chapter 334 of the laws of 2004, are amended to read as follows:
(a) No premises licensed to sell liquor and/or wine for off-premises
consumption shall be permitted to [remain open] SELL LIQUOR AND/OR WINE:
(i) On Sunday before twelve o'clock post meridian and after nine
o'clock post meridian.
(ii) On any day between midnight and eight o'clock antemeridian.
(iii) On the twenty-fifth day of December, known as Christmas day.
In any community where daylight saving time is in effect, such time
shall be deemed the standard time for the purpose of this subdivision.
(b) This subdivision shall only be interpreted to prohibit the sale of
liquor and/or wine for off-premises consumption [when it is closed to
the public, provided however, retail licensees may undertake all other
activities allowed during the course of normal business operations]. A
LICENSEE MAY ENGAGE IN ANY OTHER LAWFUL ACTIVITY ALLOWED ON THE
LICENSEE'S PREMISES, including but not limited to:
(i) placing orders with or taking deliveries from wholesalers AND
MANUFACTURERS;
(ii) meeting with individuals who have valid solicitors permits issued
by the liquor authority;
(iii) stocking shelves;
S. 5358 10
(iv) filling or building displays; [and]
(v) rotating product on store shelves; AND
(VI) IN THE CASE OF PERSONS LICENSED UNDER SECTION SEVENTY-NINE-E OF
THIS CHAPTER, THE SALE OF OTHER PRODUCTS, INCLUDING BEER AND WINE
PRODUCTS IF THE PERSON IS ALSO LICENSED UNDER SECTION FIFTY-FOUR OR
SECTION FIFTY-FOUR-A OF THIS CHAPTER.
S 19. Section 105 of the alcoholic beverage control law is amended by
adding a new subdivision 24 to read as follows:
24. FOR THE PURPOSES OF PURCHASING ONLY, ANY TWO OR MORE PERSONS
LICENSED PURSUANT TO SECTIONS SIXTY-THREE AND/OR SEVENTY-NINE OF THIS
CHAPTER MAY JOIN IN AN AGREEMENT TO MAKE JOINT PURCHASES OF LIQUOR
AND/OR WINE IN LARGER QUANTITIES THAN MIGHT OTHERWISE BE PURCHASED;
PROVIDED, HOWEVER, THAT ALL SUCH ALCOHOLIC BEVERAGES PURCHASED PURSUANT
TO ANY SUCH AGREEMENT SHALL BE DISTRIBUTED TO NONE OTHER THAN A LICENSEE
WHO IS A PARTY TO SUCH AGREEMENT. THE COOPERATIVE AGREEMENTS, AS AUTHOR-
IZED UNDER THIS SUBDIVISION, SHALL BE VOID IF, WITHIN A CITY WITH A
POPULATION OF ONE MILLION OR MORE AND THE PREMISES OPERATING UNDER THE
COOPERATIVE AGREEMENTS AUTHORIZED IN THIS SUBDIVISION ARE LOCATED MORE
THAN ONE MILE FROM ONE ANOTHER. THE COOPERATIVE AGREEMENTS, AS AUTHOR-
IZED UNDER THIS SUBDIVISION, SHALL BE VOID IF, OUTSIDE OF A CITY WITH A
POPULATION OF ONE MILLION OR MORE AND THE PREMISES OPERATING UNDER
AGREEMENTS AUTHORIZED IN THIS SUBDIVISION ARE LOCATED MORE THAN FIFTY
MILES FROM ONE ANOTHER. THE AUTHORITY MAY PROMULGATE SUCH RULES AND
REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
SUBDIVISION.
S 20. This act shall take effect immediately; provided that section
ten of this act shall take effect on the one hundred eightieth day after
it shall have become a law; provided further, that, effective immediate-
ly, the addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of this act on or before its effective
date are authorized to be made by the state liquor authority on or
before such date.
