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