S T A T E O F N E W Y O R K
________________________________________________________________________
4565
2013-2014 Regular Sessions
I N S E N A T E
April 10, 2013
___________
Introduced by Sen. FARLEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
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; and providing for the repeal of such
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09925-01-3
S. 4565 2
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 2. 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 3. Section 106 of the alcoholic beverage control law is amended by
adding a new subdivision 18 to read as follows:
18. NO RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION WHICH HAS LESS THAN
FIVE THOUSAND SQUARE FEET OF RETAIL SPACE MAY ENGAGE IN THE SALE OF
MOTOR FUEL.
S 4. Subdivision 4 of section 81 of the alcoholic beverage control
law, as amended by section 1 of part F of chapter 60 of the laws of
2005, is amended to read as follows:
4. A restaurant licensed to sell wine under this section may permit a
patron to remove one unsealed bottle of wine for off-premises consump-
tion provided that the patron has purchased a full course meal and
consumed a portion of the bottle of wine with such meal on the restau-
rant premises. For the purposes of this subdivision the term "full
course meal" shall mean a diversified selection of food which is ordi-
narily consumed with the use of tableware and cannot conveniently be
consumed while standing or walking. A partially consumed bottle of wine
that is to be removed from the premises pursuant to this subdivision
shall be securely sealed by the licensee or an agent of the licensee
prior to removal from the premises, in a bag such that it is visibly
apparent that such resealed bottle of wine has not been tampered with.
Such licensee or agent of the licensee shall provide a dated receipt for
the bottle of wine to the patron. THE PROVISIONS OF THIS SUBDIVISION
SHALL NOT APPLY TO FOOD STORES LICENSED TO PREPARE FOODS UNDER ARTICLE
TWENTY-C OF THE AGRICULTURE AND MARKETS LAW.
S 5. The liquor authority shall conduct a study of the provisions of
this act, and shall issue a report to the governor, the temporary presi-
dent of the senate, and the speaker of the assembly, on its findings, on
or before January 31, 2016. Such study and report shall examine the
effects of the enactment of this chapter, on overall economic activity,
any and all increased tax revenue derived, and any and all public bene-
fits and detriments, that may have arisen from permitting alcohol
consumption in food stores together with a meal. Any food store selling
alcoholic beverages for on-premises consumption together with a meal,
shall provide the authority with whatever information it may request,
that is necessary to complete the study and report so required.
S 6. The liquor authority is authorized to promulgate rules and regu-
lations necessary for the effective implementation of the provisions of
this act.
S 7. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that the provisions of this act
shall expire and be deemed repealed December 31, 2016.
