S T A T E   O F   N E W   Y O R K
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                                  11420

                          I N  A S S E M B L Y

                              June 11, 2010
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Heastie) --
  read once and referred to the Committee on Economic  Development,  Job
  Creation, Commerce and Industry

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  authorizing certain wholesalers authorized to sell beer at retail  for
  off premises consumption to sell certain goods

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of section 104 of the  alco-
holic  beverage  control  law,  as amended by chapter 223 of the laws of
2002, is amended to read as follows:
  (a) No wholesaler shall be engaged in any other business on the  prem-
ises to be licensed; except that nothing contained in this chapter shall
(1)  prohibit  a  beer wholesaler from (i) acquiring, storing or selling
non-alcoholic snack foods, as defined in paragraph (b) of this  subdivi-
sion,  (ii)  manufacturing,  bottling, storing, or selling non-alcoholic
carbonated beverages, (iii) manufacturing, storing or selling  non-alco-
holic  non-carbonated soft drinks, mineral waters, spring waters, drink-
ing water, non-taxable malt or cereal beverages, juice drinks, fruit  or
vegetable  juices, ice, liquid beverage mixes and dry or frozen beverage
mixes, (iv) acquiring, storing or selling wine products, (v) the sale of
promotional items on such premises, or (vi) the sale of tobacco products
at retail by wholesalers  who  are  licensed  to  sell  beer  and  other
products  at  retail,  (2) prohibit a wholesaler authorized to sell wine
from manufacturing, acquiring or selling wine merchandise, as defined in
paragraph (d) of this subdivision, [or] (3) prohibit a  licensed  winery
or  licensed  farm winery from engaging in the business of a wine whole-
saler for New York state labeled wines produced by any  licensed  winery
or licensed farm winery or prohibit such wine wholesaler from exercising
any  of its rights pursuant to sections seventy-six and seventy-six-a of
this chapter provided that the operation of such beer  and  wine  whole-
salers  business  shall  be subject to such rules and regulations as the
liquor authority may prescribe, OR (4) PROHIBIT THE HOLDER OF  A  WHOLE-
SALER'S  LICENSE ISSUED OR RENEWED PRIOR TO JULY FIRST, NINETEEN HUNDRED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD17640-01-0

A. 11420                            2

SIXTY AND IS THEREAFTER CONTINUOUSLY RENEWED AND/OR  TRANSFERRED,  WHICH
LICENSE  AUTHORIZES  THE  HOLDER  THEREOF TO SELL BEER AT RETAIL FOR OFF
PREMISES CONSUMPTION, FROM ACQUIRING, STORING OR SELLING,  AND  DEVOTING
NOT  MORE  THAN  TWENTY-FIVE  PERCENT  OF  THE PUBLIC FLOOR SPACE OF THE
LICENSED PREMISES FOR THE DISPLAY  AND  SALE  AT  RETAIL  OF  (I)  FOOD,
INCLUDING  ALL  MATERIAL,  WHETHER  LIQUID,  SOLID OR MIXED, AND WHETHER
SIMPLE OR COMPOUND, USED OR INTENDED FOR CONSUMPTION BY HUMAN BEINGS  OR
DOMESTIC  ANIMALS NORMALLY KEPT AS HOUSEHOLD PETS, AND ALL SUBSTANCES OR
INGREDIENTS TO BE ADDED THERETO FOR ANY PURPOSE,  (II)  NAPKINS,  FACIAL
TISSUES, TOILET TISSUES, FOIL WRAPPING, PLASTIC WRAPPING, PAPER TOWELING
OR DISPOSABLE PLATES, (III) DETERGENTS, SOAPS OR OTHER CLEANSING AGENTS,
(IV)  NON-PRESCRIPTION  DRUGS, FEMALE HYGIENE PRODUCTS OR TOILETRIES, OR
(V) SEASONAL SPECIALTY ITEMS, WHICH SHALL INCLUDE, BUT  NOT  BE  LIMITED
TO, CHARCOAL, BARBECUE GRILLS, BARBECUE SUPPLIES, PROPANE GAS, FIREWOOD,
ROCK  SALT,  BEACH  UMBRELLAS,  SUNGLASSES,  SUNBLOCK  AND SUCH ITEMS AS
PROVIDED BY THE RULES AND REGULATIONS OF THE LIQUOR AUTHORITY.
  S 2. This act shall take effect immediately.