S T A T E O F N E W Y O R K
________________________________________________________________________
2751
2013-2014 Regular Sessions
I N A S S E M B L Y
January 17, 2013
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Economic Development
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
(I) MARASCHINO CHERRIES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00154-01-3
A. 2751 2
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.