S T A T E O F N E W Y O R K
________________________________________________________________________
1533
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DelMONTE, GUNTHER, CAHILL, SCHROEDER, ALESSI,
ZEBROWSKI, LUPARDO, FIELDS, GABRYSZAK, MAGEE -- Multi-Sponsored by --
M. of A. PHEFFER, REILLY -- 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
wholesale purchases of wine
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraphs 2 and 6 of paragraph (b) of subdivision 4 of
section 76-a of the alcoholic beverage control law, as amended by chap-
ter 514 of the laws of 2006, are amended to read as follows:
(2) Food items for the purpose of complimenting wine tastings[,] WHICH
shall mean a diversified selection of food which is ordinarily consumed
without the use of tableware and can conveniently be consumed while
standing or walking. Such food items shall include but not be limited
to: cheeses, fruits, vegetables, chocolates, breads and crackers.
(6) New York state labelled wine produced or manufactured by any other
New York state winery or farm winery licensee. Such wine may be
purchased outright by the licensee from a New York winery or farm winery
licensee, PURCHASED FROM A WHOLESALER LICENSED PURSUANT TO SECTION
SIXTY-TWO OF THIS CHAPTER OR SECTION SEVENTY-EIGHT OF THIS ARTICLE or
obtained on a consignment basis pursuant to a written agreement between
the selling and purchasing licensee.
S 2. Subparagraph 6 of paragraph (b) of subdivision 4 of section 76-a
of the alcoholic beverage control law, as amended by chapter 571 of the
laws of 2008, is amended to read as follows:
(6) New York state labelled wine or liquors produced or manufactured
by any other New York state winery or farm winery licensee or by the
holder of a class A-1, B-1, or C distiller's license. Such wine or
liquors may be purchased outright by the licensee from a New York winery
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01227-01-9
A. 1533 2
or farm winery licensee, PURCHASED FROM A WHOLESALER LICENSED PURSUANT
TO SECTION SIXTY-TWO OF THIS CHAPTER OR SECTION SEVENTY-EIGHT OF THIS
ARTICLE or the holder of a class A-1, B-1, or C distiller's license or
obtained on a consignment basis pursuant to a written agreement between
the selling and purchasing licensee.
S 3. Subparagraphs 2 and 6 of paragraph (b) of subdivision 4 of
section 77 of the alcoholic beverage control law, as amended by chapter
514 of the laws of 2006, are amended to read as follows:
(2) Food items for the purpose of complimenting wine tastings[,] WHICH
shall mean a diversified selection of food which is ordinarily consumed
without the use of tableware and can conveniently be consumed while
standing or walking. Such food items shall include but not be limited
to: cheeses, fruits, vegetables, chocolates, breads and crackers.
(6) New York state labelled wine produced or manufactured by any other
New York state winery or farm winery licensee. Such wine may be
purchased outright by the licensee from a New York winery or farm winery
licensee, PURCHASED FROM A WHOLESALER LICENSED PURSUANT TO SECTION
SIXTY-TWO OF THIS CHAPTER OR SECTION SEVENTY-EIGHT OF THIS ARTICLE or
obtained on a consignment basis pursuant to a written agreement between
the selling and purchasing licensee.
S 4. This act shall take effect immediately; provided, however that
the amendments made to subparagraph 6 of paragraph (b) of subdivision 4
of section 76-a of the alcoholic beverage control law made by section
two of this act, shall take effect on the same date and same manner as
section 6 of chapter 571 of the laws of 2008 takes effect.