Senate Bill S1123

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1123

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by Sen. SQUADRON -- 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 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.
                                                           LBD00918-01-5
              

S. 1123                             2

  S 2. Paragraph (a) of subdivision 1 of section 104  of  the  alcoholic
beverage  control  law,  as amended by chapter 2 of the laws of 2013, 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
subdivision, (ii) manufacturing, bottling, storing, or selling non-alco-
holic  carbonated  beverages,  (iii)  manufacturing,  storing or selling
non-alcoholic non-carbonated soft drinks, mineral waters, spring waters,
drinking 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; (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 any of its rights pursuant to sections seventy-six and seven-
ty-six-a  of  this  chapter provided that the operation of such beer and
wine wholesalers business shall be subject to such rules and regulations
as the liquor authority may prescribe; (4) prohibit  a  beer  wholesaler
who  is  authorized  to  sell beer at retail from selling at retail: (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 typically used to serve beer and malt bever-
ages including, but not limited to, taps, kegerators, koozies  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; sunglasses and sun  block;  and  (x)  prepaid
telephone  cards;  [or](5)  prohibit the installation and operation of a
single automated teller machine in the premises of a beer wholesaler who
is authorized to sell beer at retail; OR (6) PROHIBIT  A  LIQUOR  WHOLE-
SALER  FROM  TRANSPORTING OR SELLING TONIC WATER, BITTERS AND MARASCHINO
CHERRIES. 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 consumers to carry out banking
transactions, including but not limited to, account transfers, deposits,
cash withdrawals, balance inquiries and loan payments.
  S 3. This act shall take effect immediately.