S T A T E O F N E W Y O R K
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5146
2011-2012 Regular Sessions
I N A S S E M B L Y
February 14, 2011
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Introduced by M. of A. GABRYSZAK, GUNTHER, CAHILL, SCHROEDER, ZEBROWSKI,
LUPARDO, MAGEE -- Multi-Sponsored by -- M. of A. PHEFFER, REILLY --
read once and referred to the Committee on Economic Development
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, subparagraph 2 as
amended by chapter 514 of the laws of 2006 and subparagraph 6 as amended
by chapter 571 of the laws of 2008, are amended to read as follows:
(2) Food items for the purpose of [complimenting] COMPLEMENTING 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 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
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 2. 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] COMPLEMENTING wine
tastings[,] WHICH shall mean a diversified selection of food which is
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08349-01-1
A. 5146 2
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 3. This act shall take effect immediately.