The New York State Senate

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

                                  5958

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Economic Development

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  sale of tonic water, bitters and maraschino cherries at liquor stores

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  4  of  section  63 of the alcoholic beverage
control law, as amended by chapter 603 of the laws of 1992,  is  amended
to read as follows:
  4.  No licensee under this section shall be engaged in any other busi-
ness on the licensed premises. The sale of ANY OF  THE  FOLLOWING  SHALL
NOT  CONSTITUTE  ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF THIS
SUBDIVISION:
  (A) lottery tickets, when duly authorized and lawfully conducted[, the
sale of];
  (B) corkscrews [or the sale of];
  (C) ice [or the sale of];
  (D) publications, including prerecorded video  and/or  audio  cassette
tapes,  designed to help educate consumers in their knowledge and appre-
ciation of wine and wine products, as defined in section three  of  this
chapter[, or the sale of];
  (E)  non-carbonated,  non-flavored  mineral  waters, spring waters and
drinking waters [or the sale of];
  (F) 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[, shall not constitute engaging
in another business within the meaning of this subdivision];
  (G) TONIC WATER;
  (H) BITTERS; AND
  (I) MARASCHINO CHERRIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00115-01-1

A. 5958                             2

  S 2. 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  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 A LIQUOR WHOLESALER FROM
TRANSPORTING OR SELLING TONIC WATER, BITTERS AND MARASCHINO CHERRIES.
  S 3. This act shall take effect immediately.