S T A T E O F N E W Y O R K
________________________________________________________________________
7357
2009-2010 Regular Sessions
I N A S S E M B L Y
March 31, 2009
___________
Introduced by M. of A. MILLER -- 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 the
sale of certain items by wholesalers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 104 of the alcoholic beverage
control law, as amended by chapter 501 of the laws of 1984, paragraph
(a) as amended and paragraph (d) as added by chapter 223 of the laws of
2002, and paragraph (c) as added by chapter 922 of the laws of 1986, is
amended to read as follows:
1. (a) No wholesaler shall be engaged in any other business on the
premises to be licensed; except that nothing contained in this chapter
shall (1) prohibit a beer wholesaler from (i) acquiring, storing or
selling ANY non-alcoholic snack foods, [as defined in paragraph (b) of
this subdivision] INCLUDING CONFECTIONARIES SUCH AS CANDY AND GUM, (ii)
manufacturing, bottling, storing, or selling non-alcoholic carbonated
beverages, (iii) manufacturing, storing or selling ANY non-alcoholic
non-carbonated [soft] drinks, [mineral waters, spring waters, drinking
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, INCLUDING MERCHANDISE AND APPAREL
SUPPLIED BY BREWERIES AND OTHER COMPANIES WHICH PROVIDE PRODUCTS FOR
SALE WITH SUCH WHOLESALER, [or] (vi) the sale of tobacco products at
retail by wholesalers who are licensed to sell beer and other products
at retail, (VII) THE SALE OF HOME BREWING SUPPLIES AND EQUIPMENT SUCH AS
THE HARDWARE AND INGREDIENTS TO BREW BEER AT HOME, (VIII) THE SALE OF
ANY GLASSWARE, (IX) THE SALE OF BEER EQUIPMENT AND SUPPLIES SUCH AS
PICNIC PUMPS, KEGERATORS, COLD PLATES, TAP SUPPLIES, BOTTLE OPENERS AND
KEY CHAINS, (X) THE SALE OF COOLERS AND PAPER OR PLASTIC CUPS AND OTHER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09695-01-9
A. 7357 2
RELATED GOODS, OR (XI) THE SALE OF EDUCATIONAL AND PRINTED MATERIALS
SUCH AS MAGAZINES, BOOKS, AND CALENDARS RELATED TO PRODUCTS SOLD BY SUCH
WHOLESALER, (2) prohibit a wholesaler authorized to sell wine from manu-
facturing, acquiring or selling wine merchandise, as defined in para-
graph [(d)] (C) 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.
(b) ["Non-alcoholic snack foods" as used in paragraph (a) of this
subdivision shall include ready to eat finger foods ordinarily intended
to be served cold or at room temperature, such as nut and seed meats,
cooked pork rinds, pretzels, popped corn and a variety of other similar
finger foods which are prepared from high-starch and/or cellulosic
edible materials.
(c)] "Promotional items" are items which bear advertising information,
are of nominal value, are obtained by a licensee through a supplier of
alcoholic beverages and are designated and designed for unconditional
sale or distribution to the public. The sale or distribution of promo-
tional items shall be incidental to the licensee's sale of alcoholic
beverages. All promotional items shall be properly invoiced.
[(d)] (C) "Wine merchandise" as used in paragraph (a) of this subdivi-
sion shall include corkscrews, ice, 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 glasses
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.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.