S T A T E O F N E W Y O R K
________________________________________________________________________
9505
I N A S S E M B L Y
March 7, 2012
___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to off-
premises beer and wine products sales in premises licensed for
on-premises consumption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 5 of section 106 of
the alcoholic beverage control law, as amended by chapter 83 of the laws
of 1995, is amended to read as follows:
No alcoholic beverages shall be sold, offered for sale or given away
FOR CONSUMPTION ON THE PREMISES upon any premises licensed to sell alco-
holic beverages at retail [for on-premises consumption,] during the
following hours:
S 2. 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 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 under the age of eighteen years and employed
by any person holding a grocery or drug store beer license OR A LICENSE
TO SELL ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION shall be permit-
ted to handle and deliver beer and wine products WHICH ARE SOLD FOR
OFF-PREMISES CONSUMPTION 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 OR A LICENSE TO SELL ALCOHOLIC BEVERAGES FOR ON-PREM-
ISES CONSUMPTION shall be permitted to record and receive payment for
beer and wine product sales SOLD FOR OFF-PREMISES CONSUMPTION 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14900-01-2
A. 9505 2
license OR A LICENSE TO SELL ALCOHOLIC BEVERAGES FOR ON-PREMISES
CONSUMPTION as either a cashier or in any other position to which handl-
ing 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 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 3. 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 THE HOLDER OF A WHOLE-
SALER'S LICENSE ISSUED OR RENEWED PRIOR TO JULY FIRST, NINETEEN HUNDRED
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 SEASONAL
SPECIALTY ITEMS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CHARCOAL,
BARBEQUE GRILLS, BARBEQUE SUPPLIES, PROPANE GAS, COOLERS, ROCK SALT,
BEACH UMBRELLAS, SUNGLASSES, SUNBLOCK, BEER MAKING SUPPLIES INCLUDING
BOOKS, EQUIPMENT, AND INGREDIENTS, AND BEER STEINS, BEER MUGS AND OTHER
GLASSWARE APPROPRIATE FOR THE CONSUMPTION OF BEER, MALT BEVERAGES AND
WINE PRODUCTS.
S 4. This act shall take effect immediately.