S T A T E   O F   N E W   Y O R K
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                                 5404--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 18, 2011
                               ___________

Introduced by Sens. MARTINS, GRISANTI -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government  Operations  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  permitting the holder of a wholesaler's license to sell  certain  food
  and  seasonal  specialty  items  and  to install and operate automated
  teller machines

  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  wholesaler
for  New  York  state  labeled  wines produced by any licensed winery or
licensed farm winery or prohibit such wine  wholesaler  from  exercising

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03357-03-2
              

S. 5404--A                          2

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.  (4) THE SALE OF THE FOLLOWING PRODUCTS
AT RETAIL SHALL NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS  WITHIN  THE
MEANING  OF  THIS  SUBDIVISION:  (I) CANDY, CHEWING GUM AND COUGH DROPS;
(II) NON-REFRIGERATED SALSA; (III) CIGARETTE  LIGHTERS,  LIGHTER  FLUID,
MATCHES  AND  ASHTRAYS;  (IV)  BARBECUE  AND PICNIC-RELATED PRODUCTS AND
SUPPLIES, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CHARCOAL,  GRILLS,
PROPANE  GAS,  PLASTIC  AND PAPER CUPS; PAPER OR PLASTIC TABLECLOTHS AND
COOLERS; (V) BEER MAKING AND BREWING SUPPLIES  AND  PUBLICATIONS,  WHICH
SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, BOOKS, MAGAZINES, EQUIPMENT AND
INGREDIENTS; (VI) STEINS, MUGS AND OTHER GLASSWARE APPROPRIATE  FOR  THE
CONSUMPTION OF BEER, MALT BEVERAGES AND WINE PRODUCTS; (VII) ITEMS TYPI-
CALLY  USED  TO SERVE BEER AND MALT BEVERAGES INCLUDING, BUT NOT LIMITED
TO, TAPS, KEGERATORS, COZIES AND BEER SOCKS; (VIII)  LEMONS,  LIMES  AND
ORANGES, PROVIDED THAT NO MORE THAN TWO DOZEN OF EACH SHALL BE DISPLAYED
AT  ANY  ONE  TIME; (IX) ROCK SALT, ICE AND SNOW MELTING COMPOUNDS, SNOW
SHOVELS; WINDSHIELD WASHER SOLVENT; FIREWOOD; BEACH UMBRELLAS; SUNGLASS-
ES AND SUN BLOCK; AND (X) PREPAID TELEPHONE CARDS. (5) THE  INSTALLATION
AND  OPERATION  OF  A  SINGLE  AUTOMATED TELLER MACHINE IN EACH LICENSED
PREMISES SHALL NOT CONSTITUTE ENGAGING IN ANOTHER  BUSINESS  WITHIN  THE
MEANING  OF  THIS  SUBDIVISION.    FOR THE PURPOSES OF THIS SUBDIVISION,
"AUTOMATED TELLER MACHINE"  MEANS  A  DEVICE  WHICH  IS  LINKED  TO  THE
ACCOUNTS  AND RECORDS OF A BANKING INSTITUTION AND WHICH ENABLES CONSUM-
ERS TO CARRY OUT BANKING TRANSACTIONS, INCLUDING  BUT  NOT  LIMITED  TO,
ACCOUNT  TRANSFERS,  DEPOSITS,  CASH  WITHDRAWALS, BALANCE INQUIRIES AND
LOAN PAYMENTS.
  S 2. This act shall take effect immediately.