senate Bill S23

2011-2012 Legislative Session

Relates to the sale of tonic water, bitters and maraschino cherries at liquor stores

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to commerce, economic development and small business
Apr 05, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to commerce, economic development and small business

Co-Sponsors

S23 - Bill Details

See Assembly Version of this Bill:
A5958
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง63 & 104, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S4044A, A7188A

S23 - Bill Texts

view summary

Relates to the sale of tonic water, bitters and maraschino cherries at liquor stores.

view sponsor memo
BILL NUMBER:S23

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the sale of
tonic water, bitters and maraschino cherries
at liquor stores

PURPOSE:
This bill would allow liquor stores to carry and sell tonic water,
bitters and maraschino cherries, and it would allow liquor
wholesalers to carry these products on their trucks.

SUMMARY OF PROVISIONS:
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 include tonic water, bitters and maraschino cherries
among the products, which shall not constitute the sale of engaging
in another business within the meaning of the subdivision.

Section 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 specify that liquor wholesalers are not
prohibited from transporting or selling tonic water, bitters and
maraschino cherries.

Section 3- Effective date.

JUSTIFICATION:
Today tonic water, bitters and maraschino cherries are primarily used
in connection with alcoholic drinks. Unlike in many other states,
however, they cannot legally be sold in liquor stores in New York
State. A survey conducted by the Assembly sponsor's staff found that
forty-one of the fifty states in the United States allow liquor
stores to sell tonic water. Permitting the sale of tonic water,
bitters and maraschino cherries is a simple, consumer friendly change
that is long overdue.

LEGISLATIVE HISTORY:
2010: S4044A/A.7188-A

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   23

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. SQUADRON, HASSELL-THOMPSON -- read twice and ordered
  printed,  and  when  printed  to  be  committed  to  the  Committee on
  Commerce, Economic Development and Small Business

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

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

S. 23                               2

  (I) MARASCHINO CHERRIES.
  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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.