senate Bill S4565

2013-2014 Legislative Session

Relates to off-premises beer and wine products sales in premises licensed for on-premises consumption

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jun 21, 2013 committed to rules
May 23, 2013 advanced to third reading
May 22, 2013 2nd report cal.
May 21, 2013 1st report cal.667
Apr 10, 2013 referred to investigations and government operations

Votes

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May 21, 2013 - Investigations and Government Operations committee Vote

S4565
6
1
committee
6
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Investigations and Government Operations Committee Vote: May 21, 2013

nay (1)
aye wr (2)

Co-Sponsors

S4565 - Bill Details

See Assembly Version of this Bill:
A6858
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง100, 106 & 81, ABC L

S4565 - Bill Texts

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Relates to off-premises beer and wine products sales in premises licensed for on-premises consumption.

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BILL NUMBER:S4565

TITLE OF BILL: 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

PURPOSE:

To enable food stores to develop restaurant areas within their stores
where beer and/or wine may be served for on-premises consumption,
subject to the same rules that apply to restaurants and taverns.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 100 (2-a) of the ABC Law to allow
an individual holding an on-premises consumption license to follow the
same rules as a food or drug store with respect to employing persons
under the age of 18 to stock shelves; to redeem returnable bottles;
and, in regard to beer and wine coolers sold for off-premises
consumption only, to act as a cashier under direct supervision.

Section 2 of the bill amends Section 106 (5) of the ABC Law to provide
that an individual holding an on-premises (restaurant) license may
follow the same hours of operation as food stores in regard to the
sale of beer for off-premises consumption.

Section 3 of the bill amends Section 106(18) of the ABC Law to provide
that a retail licensee for on-premises consumption which has less than
5,000 square feet of retail space may engage in the sale of motor
fuel.

Section 4 of the bill amends Section 81(4) of the ABC Law to provide
that the existing authority to take home a partially consumed bottle
of wine from a restaurant shall not apply in the case of food stores
which serve wine on-premises as part of a dining area operated
pursuant to an on-premises license.

Section 5 of the bill provides that the State Liquor Authority shall
conduct a study on the provisions of this act and issue a report
before January 31, 2016.

Section 6 of the bill authorizes the State Liquor Authority to
promulgate rules and regulations necessary for the effective
implementation of this act.

JUSTIFICATION:

The food and restaurant industries continue to evolve in New York,
providing consumers with additional options. For example, restaurants
may now sell beer and wine coolers to be taken away from the
restaurant for off premises consumption. Supermarkets may now apply
for and operate under a restaurant license. Some food stores with pub
style eating facilities have chosen this option. Other supermarkets
have developed a model where they currently hold an on-premises
license for their restaurant facility and a food store license for
their supermarket operation.


This bill will allow food stores in New York to follow a national
trend where upscale food courts are incorporated into the supermarket
design. These new food courts include on-premises serving privileges
to complement the gourmet food being served. While it is currently
permissible for a food store to hold a restaurant license, this
situation raises some unique issues regarding both the hours of
operation and the use of staff under the age of 18 in regard to the
facility's grocery operations. This legislation addresses these issues
to allow facilities to apply for the type of license which best meets
their needs.

For example, under an on-premises restaurant license, a restaurant may
not sell alcohol between 4:00 a.m. and 12 noon on Sundays and 4:00
a.m. to 8:00 a.m. the other days of the week. In comparison, except
where local options limit the hours of sale, food stores may sell beer
Monday through Saturday on a 24/7 basis. On Sundays -- which are now
the second busiest shopping days for supermarkets -- they may begin
selling beer for off-premises consumption at 8:00 a.m. Individuals
shopping during these off hours don't just buy beer, but typically
make their full grocery purchases during these hours. This bill
maintains the existing hour requirements for on-premises sales, but
follows the food and drug store hours for off-premises sales.

Similarly, current law generally prohibits persons under the age of 18
from selling or handling, alcoholic beverages, but provides specific
exemptions for employees who stock shelves, redeem bottles and act as
a cashier (under direct supervision) in selling beer and wine coolers
for off-premises consumption. This bill applies these existing
provisions to holders of on-premises licenses.

This bill will encourage new economic development in the state and
allow supermarket operators to pick select sites with the correct
demographics and traffic to open these new upscale food courts.

FISCAL IMPLICATIONS:

None

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect sixty days after it shall have become a
law, and shall expire and be deemed repealed on December 31, 2016.

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                    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.

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