S T A T E O F N E W Y O R K
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7974
2009-2010 Regular Sessions
I N A S S E M B L Y
May 1, 2009
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Introduced by M. of A. ABBATE -- 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 wine and wine products at wholesale and retail
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Declaration of legislative findings and intent. It is the
declared policy of the state to conserve, protect and encourage the
development and improvement of its agricultural lands. These policies
are served by measures designed to facilitate entry for domestic agri-
cultural products into the markets of the state. Agriculture in certain
parts of the state is under economic restraint due to low-priced
imported products and commodity surplus conditions in other states and
foreign countries. This is the case for fruit growing areas of New York
state which produce grapes for wine. Heretofore, the sale of wine in the
state has been limited to certain licensees authorized to sell intoxi-
cating beverages. Such limitations overlook the nature of table wines as
food, as well as the practices of selling beer in food stores in New
York state, and selling both beer and wines in food stores in numerous
other states. It is the intention of this legislation to remove these
present restrictions to allow for the sale of table wine in retail food
stores within the state which currently sell beer for off-premises
consumption.
This legislation will not only assist New York state agriculture, but
it will also provide added convenience to the consumers of New York
state. Wine is a food and should be available in a food store. Over
thirty states recognize this and allow for its sale in retail food
outlets. This added convenience to the general public is recognized by
the legislature, and is another major goal of this legislation.
S 2. Section 53 of the alcoholic beverage control law, as amended by
chapter 361 of the laws of 1994, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11516-01-9
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S 53. Wholesaler's license. 1. Any person may apply to the liquor
authority for a license to sell beer at wholesale. Such application
shall be in writing and verified and shall contain such information as
the liquor authority shall require. Such application shall be accompa-
nied by a check or draft for the amount required by this article for
such license. If the liquor authority shall grant the application it
shall issue a license in such form as shall be determined by its rules.
Such a license shall contain a description of the licensed premises and
in form and in substance shall be a license to the person therein
specifically designated to sell beer at wholesale in the premises there-
in specifically licensed to duly licensed wholesalers, retailers and
permittees in this state, and to sell or deliver beer to persons outside
the state pursuant to the laws of the place of such sale or delivery. A
wholesaler's license issued or renewed prior to July first, nineteen
hundred sixty, and thereafter renewed or transferred, shall authorize
the holder thereof to sell beer at retail to a person for consumption in
his home; provided, however, that regardless of the date issued, renewed
or transferred, a wholesaler's license issued to a brewer or to the
wholly-owned subsidiary of a brewer, shall authorize the holder thereof
to sell beer at retail to a person for consumption in his home.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE HOLDER OF A BEER
WHOLESALER'S LICENSE SHALL ALSO BE AUTHORIZED TO CONTRACT WITH THE HOLD-
ER OF A LIQUOR AND/OR WINE WHOLESALER'S LICENSE TO DELIVER ON BEHALF OF
SUCH LIQUOR AND/OR WINE WHOLESALER WINES SOLD BY SAID LIQUOR AND/OR WINE
WHOLESALER TO ANY PERSON LICENSED TO SELL WINE AT RETAIL FOR CONSUMPTION
OFF THE PREMISES PURSUANT TO THE PROVISIONS OF SECTION FIFTY-FOUR-B OF
THIS ARTICLE.
S 3. Section 62 of the alcoholic beverage control law, as amended by
chapter 361 of the laws of 1994, is amended to read as follows:
S 62. Wholesaler's liquor license. 1. Any person may apply to the
liquor authority for a license to sell liquor at wholesale. Such appli-
cation shall be in writing and verified and shall contain such informa-
tion as the liquor authority shall require. Such application shall be
accompanied by a check or draft for the amount required by this article
for such license. If the liquor authority shall grant the application it
shall issue a license in such form as shall be determined by its rules.
Such license shall contain a description of the licensed premises and in
form and in substance shall be a license to the person therein specif-
ically designated to sell liquors at wholesale in the premises therein
specifically licensed to duly licensed wholesalers, retailers and
permittees in this state, and to sell liquor in bulk to a licensed
rectifier or to a permittee engaged in the manufacture of products which
are unfit for beverage use, for use in the manufacture of products
produced and sold by such rectifier or permittee, and to sell or deliver
liquor to persons outside the state pursuant to the laws of the place of
such sale or delivery. Such a license shall also include the privilege
to sell wine at wholesale under the same terms and conditions without
the payment of any additional fee.
2. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, THE
HOLDER OF A LIQUOR WHOLESALER'S LICENSE SHALL BE AUTHORIZED TO CONTRACT
WITH THE HOLDER OF A BEER WHOLESALER'S LICENSE FOR THE DELIVERY OF WINE
ON BEHALF OF SUCH LIQUOR WHOLESALER, TO ANY PERSON LICENSED TO SELL WINE
AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSUANT TO THE PROVISIONS OF
SECTION FIFTY-FOUR-B OF THIS CHAPTER, AND THE SERVICING OF SUCH ACCOUNTS
IN THE SALE AND PROMOTION OF WINE, INCLUDING BUT NOT LIMITED TO THE
TAKING OF ORDERS, THE OBTAINING OF THE RECEIPTS OF DELIVERY OR PAYMENT
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FOR TRANSMISSION TO THE LIQUOR WHOLESALER, THE SETTING UP OF PROMOTIONAL
OR OTHER TYPES OF DISPLAYS, PACKAGING, SHELF LOCATIONS OR STORAGE, AS
SUCH BEER WHOLESALER IS PRESENTLY PERFORMING FOR ITS BEER RETAILER
CUSTOMER.
S 4. Subdivision 3-b of section 102 of the alcoholic beverage control
law, as amended by chapter 458 of the laws of 1993, is amended to read
as follows:
3-b. No retail licensee shall purchase, agree to purchase or receive
any alcoholic beverage except from a person duly licensed within the
state by the liquor authority to sell such alcoholic beverage at the
time of such agreement and sale to such retail licensee, except as
provided for in section eighty-five [or], ninety-nine-g OR SUBDIVISION
TWO OF SECTION FIFTY-THREE of this chapter.
S 5. Paragraph (a) of subdivision 1 of section 104 of the alcoholic
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 wholesaler
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 AND/OR
WINE PRODUCTS wholesalers business shall be subject to such rules and
regulations as the liquor authority may prescribe; AND EXCEPT THAT NOTH-
ING CONTAINED HEREIN SHALL PROHIBIT A BEER WHOLESALER FROM STORING WINE
WHICH HE HAS CONTRACTED TO DELIVER TO AUTHORIZED LICENSED GROCERY STORES
ON BEHALF OF A LICENSED LIQUOR AND/OR WINE WHOLESALER PURSUANT TO
SECTION FIFTY-THREE OF THIS CHAPTER, FOR SUCH PERIOD AS IS REASONABLY
NECESSARY.
S 6. The alcoholic beverage control law is amended by adding a new
section 54-b to read as follows:
S 54-B. LICENSE TO SELL BEER, WINE AND/OR WINE PRODUCTS AT RETAIL FOR
CONSUMPTION OFF THE PREMISES. 1. ANY PERSON MAY APPLY TO THE APPROPRIATE
BOARD FOR A LICENSE TO SELL BEER, WINE AND/OR WINE PRODUCTS AT RETAIL
NOT TO BE CONSUMED UPON THE PREMISES WHERE SOLD. SUCH APPLICATION SHALL
BE IN WRITING AND VERIFIED AND SHALL CONTAIN SUCH INFORMATION AS THE
LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE ACCOMPANIED BY
A CERTIFIED CHECK, BANK OFFICERS' CHECK OR DRAFT, OR MONEY ORDER FOR THE
AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. THE TERM "PREMISES"
SHALL INCLUDE ANY DULY LICENSED SUPPLY SHIP OPERATING IN HARBORS IN LAKE
ERIE.
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2. IF THE LOCAL BOARD SHALL APPROVE SUCH APPLICATION IT SHALL ENDORSE
ITS APPROVAL THEREON IN WRITING SIGNED BY THE MEMBERS OF THE LOCAL BOARD
OR BY THEIR AGENT DULY AUTHORIZED SO TO SIGN BY A CERTIFICATE SIGNED BY
THE MEMBERS OF THE LOCAL BOARD AND FILED IN THE OFFICE OF THE LIQUOR
AUTHORITY. IT SHALL THEREUPON FORWARD SUCH APPLICATION TOGETHER WITH THE
FEE THEREFOR TO THE LIQUOR AUTHORITY WHICH MAY THEREUPON ISSUE SUCH
LICENSE ACCORDINGLY OR MAY REFUSE TO ISSUE SUCH LICENSE. IN THE EVENT
THAT THE LIQUOR AUTHORITY ISSUES SUCH LICENSE IT SHALL FORWARD THE SAME
TO THE APPLICANT AND SHALL NOTIFY THE LOCAL BOARD IN SUCH FORM AS THE
LIQUOR AUTHORITY MAY PRESCRIBE. IN THE EVENT THAT THE LIQUOR AUTHORITY
REFUSES TO ISSUE SUCH LICENSE IT SHALL STATE AND FILE IN ITS OFFICE ITS
REASONS THEREFOR AND SHALL NOTIFY THE LOCAL BOARD OF ITS ACTION IN SUCH
FORM AS THE LIQUOR AUTHORITY MAY PRESCRIBE.
3. IF THE LOCAL BOARD SHALL DISAPPROVE SUCH AN APPLICATION FOR A
LICENSE IT SHALL ENDORSE UPON SUCH APPLICATION ITS DISAPPROVAL THEREOF
TOGETHER WITH A STATEMENT OF ITS REASONS THEREFOR SIGNED IN THE SAME
MANNER AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, AND SHALL NOTIFY
THE APPLICANT OF SUCH ACTION. IF THE LOCAL BOARD IS NOT UNANIMOUS IN ITS
RECOMMENDATION AS TO SUCH APPLICATION, EACH MEMBER OF SUCH BOARD SHALL
ENDORSE THEREON HIS OR HER APPROVAL OR DISAPPROVAL OF SUCH APPLICATION,
AS THE CASE MAY BE, TOGETHER WITH HIS OR HER REASONS THEREFOR AND SHALL
NOTIFY THE APPLICANT OF SUCH ACTION. SUCH APPLICANT MAY THEREUPON APPLY
TO THE LIQUOR AUTHORITY FOR A REVIEW OF SUCH ACTION BY THE LOCAL BOARD
IN A MANNER TO BE PRESCRIBED BY THE RULES OF THE LIQUOR AUTHORITY. A
HEARING UPON NOTICE TO THE LOCAL BOARD AND TO THE APPLICANT SHALL THERE-
UPON BE HELD BY THE LIQUOR AUTHORITY OR BY ONE OF ITS MEMBERS AT ITS
OFFICE MOST CONVENIENTLY SITUATED TO THE OFFICE OF THE LOCAL BOARD IN A
MANNER TO BE PRESCRIBED IN ITS RULES; AND ON SUCH HEARING PROOF MAY BE
TAKEN BY ORAL TESTIMONY OR BY AFFIDAVIT RELATIVE THERETO. AFTER SUCH
HEARING, IF THE LIQUOR AUTHORITY CONCUR IN THE ACTION BY THE LOCAL
BOARD, IT SHALL ENDORSE SUCH APPLICATION ACCORDINGLY AND SHALL SEND
NOTICE TO THE LOCAL BOARD OF ITS ACTION IN SUCH FORM AS THE LIQUOR
AUTHORITY MAY PRESCRIBE. IF THE LIQUOR AUTHORITY DOES NOT CONCUR IN THE
DISAPPROVAL ACTION BY THE LOCAL BOARD IT MAY NEVERTHELESS GRANT SUCH
APPLICATION AND ISSUE SUCH LICENSE IN THE MANNER PRESCRIBED IN SUBDIVI-
SION TWO OF THIS SECTION.
4. NO SUCH LICENSE SHALL BE ISSUED, HOWEVER, TO ANY PERSON FOR ANY
PREMISES OTHER THAN A GROCERY STORE, DRUG STORE, OR DULY LICENSED SUPPLY
SHIP OPERATING IN HARBORS IN LAKE ERIE.
5. SUCH LICENSE SHALL CONTAIN A DESCRIPTION OF THE LICENSED PREMISES
AND IN FORM AND IN SUBSTANCE SHALL BE A LICENSE TO THE PERSON SPECIF-
ICALLY DESIGNATED THEREIN TO SELL BEER, WINE AND/OR WINE PRODUCTS AT
RETAIL IN THE PREMISES SPECIFICALLY LICENSED, NOT TO BE CONSUMED UPON
SUCH PREMISES.
6. NO PERSON AUTHORIZED TO SELL WINE AND/OR WINE PRODUCTS PURSUANT TO
THIS SECTION SHALL OFFER SUCH WINE OR WINE PRODUCTS FOR SALE WHICH ARE
OF AN ALCOHOLIC CONTENT IN EXCESS OF FOURTEEN PER CENTUM, BY VOLUME.
S 7. Section 56 of the alcoholic beverage control law is amended by
adding a new subdivision 11 to read as follows:
11. THE ANNUAL FEE FOR A LICENSE TO SELL BEER, WINE AND/OR WINE
PRODUCTS AT RETAIL, NOT TO BE CONSUMED ON THE PREMISES WHERE SOLD, SHALL
BE ONE HUNDRED FIFTY DOLLARS; PROVIDED, HOWEVER, THAT WHERE THE LICENSED
PREMISES ARE LOCATED IN CITIES HAVING A POPULATION OF ONE HUNDRED THOU-
SAND OR OVER, THE ANNUAL FEE THEREFOR SHALL BE TWO HUNDRED TEN DOLLARS
AND WHERE THE PREMISES TO BE LICENSED ARE LOCATED OUTSIDE OF A CITY OR
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VILLAGE OR IN A VILLAGE OF LESS THAN ONE THOUSAND FIVE HUNDRED INHABIT-
ANTS, THE ANNUAL FEE THEREFOR SHALL BE ONE HUNDRED TWENTY-SIX DOLLARS.
S 8. Subdivision 2-a of section 100 of the alcoholic beverage control
law, as amended by chapter 249 of the laws of 2002, is amended to read
as follows:
2-a. No retailer shall employ, or permit to be employed, or shall
suffer to work, on any premises licensed for retail sale hereunder, ANY
PERSON UNDER THE AGE OF TWENTY-ONE YEARS, AS A CASHIER, OR any person
under the age of eighteen years, as a hostess, waitress, waiter, or in
any other capacity where the duties of such person require or permit
such person to sell, dispense or handle alcoholic beverages; except
that: (1) any person, OTHER THAN A PERSON EMPLOYED AS A CASHIER, under
the age of eighteen years and employed by any person holding a grocery
or drug store beer license shall be permitted to handle and deliver beer
and wine products for such licensee, (2) [any person under the age of
eighteen employed as a cashier by a person holding a grocery or drug
store beer license shall be permitted to record and receive payment for
beer and wine product sales when in the presence of and under the direct
supervision of a person eighteen years of age or over, (2-a)] any person
under the age of eighteen years and employed by a person holding a
grocery store or drug store beer license [as either a cashier or] in any
[other] position OTHER THAN CASHIER to which handling of containers
which may have held alcoholic beverages is necessary, shall be permitted
to handle the containers if such have been presented for redemption in
accordance with the provisions of title ten of article twenty-seven of
the environmental conservation law, and (3) any person under the age of
eighteen years employed as a dishwasher, busboy, or other such position,
OTHER THAN CASHIER, as to which handling of containers which may have
held alcoholic beverages is necessary shall be permitted to do so under
the direct supervision of a person of legal age to purchase alcoholic
beverages in the state.
S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Provided, however, that any rules and regu-
lations necessary for the timely implementation of this act on its
effective date shall be promulgated on or before such date.