S T A T E O F N E W Y O R K
________________________________________________________________________
8094
I N S E N A T E
June 8, 2010
___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
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
S. 8094 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.