S T A T E O F N E W Y O R K
________________________________________________________________________
355
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing certain distiller and winery licensees, singly or jointly,
to apply for a special license to sell liquor at retail for consump-
tion off the premises
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 61 of the alcoholic beverage control law is amended
by adding a new subdivision 7 to read as follows:
7. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY, ANY
ONE OR ANY COMBINATION OF DISTILLER LICENSEES OR WINERY LICENSEES,
SINGLY OR JOINTLY, MAY APPLY TO THE LIQUOR AUTHORITY FOR A LICENSE OR
LICENSES TO SELL LIQUOR AT RETAIL FOR CONSUMPTION OFF THE PREMISES. FOR
LICENSEES APPLYING SINGLY, THE DURATION OF SUCH LICENSE SHALL BE CO-EX-
TENSIVE WITH THE DURATION OF SUCH LICENSEE'S WINERY LICENSE, AND THE FEE
THEREFOR SHALL BE ONE THOUSAND DOLLARS IF SUCH RETAIL PREMISES IS
LOCATED WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, FIVE
HUNDRED DOLLARS IF SUCH RETAIL PREMISES IS LOCATED WITHIN A CITY HAVING
A POPULATION OF LESS THAN ONE MILLION AND MORE THAN ONE HUNDRED THOU-
SAND, AND TWO HUNDRED FIFTY DOLLARS FOR RETAIL PREMISES LOCATED ELSE-
WHERE WITHIN THE STATE. SUCH LICENSE SHALL ENTITLE THE HOLDER THEREOF TO
SELL AT RETAIL FOR CONSUMPTION OFF THE PREMISES ANY NEW YORK STATE
LABELLED LIQUOR AND NEW YORK STATE LABELLED WINE. SUCH LICENSE SHALL
ALSO ENTITLE THE HOLDER THEREOF TO CONDUCT WINE AND LIQUOR TASTINGS.
SUCH LICENSE SHALL ALSO AUTHORIZE THE SALE BY THE HOLDER THEREOF OF NEW
YORK STATE LABELLED LIQUOR AND NEW YORK STATE LABELLED WINE IN SEALED
CONTAINERS FOR OFF-PREMISES CONSUMPTION, FROM THE SPECIALLY LICENSED
PREMISES OF ANY PERSON LICENSED PURSUANT TO SECTION EIGHTY-ONE-A OF THIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02126-02-3
S. 355 2
CHAPTER TO SELL WINE OR LIQUOR AT RETAIL FOR CONSUMPTION ON PREMISES IN
WHICH THE PRINCIPAL BUSINESS IS THE OPERATION OF A LEGITIMATE THEATER OR
SUCH OTHER LAWFUL ADULT ENTERTAINMENT OR RECREATIONAL FACILITY AS THE
LIQUOR AUTHORITY MAY CLASSIFY FOR ELIGIBILITY PURSUANT TO SUBDIVISION
SIX OF SECTION SIXTY-FOUR-A OF THIS ARTICLE. NOT MORE THAN FIVE SUCH
LICENSES SHALL BE ISSUED, EITHER SINGLY OR JOINTLY, TO ANY LICENSED
WINERY OR DISTILLERY. ALL OTHER PROVISIONS OF THIS CHAPTER RELATIVE TO
LICENSES TO SELL WINE OR LIQUOR AT RETAIL FOR CONSUMPTION OFF THE PREM-
ISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH APPLICATION. THE LIQUOR
AUTHORITY IS HEREBY AUTHORIZED TO ADOPT SUCH RULES AS IT MAY DEEM NECES-
SARY TO CARRY OUT THE PURPOSE OF THIS SUBDIVISION, PROVIDED THAT ALL
LICENSES ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO THE
SAME RULES AND REGULATIONS AS ARE APPLICABLE TO THE SALE OF WINE OR
LIQUOR AT RETAIL FOR CONSUMPTION OFF THE PREMISES OF THE WINERY OR
DISTILLERY LICENSEE.
S 2. This act shall take effect immediately.