S T A T E O F N E W Y O R K
________________________________________________________________________
622
2009-2010 Regular Sessions
I N S E N A T E
January 9, 2009
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business
AN ACT to amend the alcoholic beverage control law, in relation to the
sale of wine supplies and accessories
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 63 of the alcoholic beverage
control law, as amended by chapter 603 of the laws of 1992, is amended
and a new subdivision 7 is added to read as follows:
4. No licensee under this section shall be engaged in any other busi-
ness on the licensed premises. The sale of lottery tickets, when 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 know-
ledge and appreciation of wine and wine products, as defined in section
three of this chapter, or the sale of non-carbonated, non-flavored
mineral waters, spring waters and drinking waters or the [sale of glass-
es designed for the consumption of wine, racks designed for the storage
of wine, and devices designed to minimize oxidation in bottles of wine
which have been uncorked] SALE OF WINE SUPPLIES AND ACCESSORIES, WHICH
SHALL INCLUDE ANY ITEM UTILIZED FOR THE STORAGE, TRANSPORT, SERVING OR
CONSUMPTION OF WINE OR FOR DECORATIVE PURPOSES WHETHER SOLD AS SINGLE
ITEMS OR COMBINED INTO A PACKAGE CONTAINING WINE OR A WINE PRODUCT,
shall not constitute engaging in another business within the meaning of
this subdivision.
7. NO LICENSEE MAY BE ASSESSED A CIVIL PENALTY FOR A VIOLATION OF
SUBDIVISION FOUR OF THIS SECTION, UNLESS THEY HAVE FIRST BEEN GIVEN A
WRITTEN WARNING FROM THE LIQUOR AUTHORITY, AFFORDING THEM NO LESS THAN
THIRTY DAYS NOTICE WITHIN WHICH TO CEASE ENGAGING IN OTHER BUSINESSES ON
THE LICENSED PREMISES. SUCH WARNING SHALL ENUMERATE THE SPECIFIC ITEMS
WHICH MUST BE REMOVED TO COMPLY WITH SUBDIVISION FOUR OF THIS SECTION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04697-01-9