S T A T E O F N E W Y O R K
________________________________________________________________________
2787
2017-2018 Regular Sessions
I N A S S E M B L Y
January 23, 2017
___________
Introduced by M. of A. LAVINE, ZEBROWSKI, GUNTHER, GALEF, M. G. MILLER,
THIELE, TITONE, CAHILL -- Multi-Sponsored by -- M. of A. ABBATE,
BARCLAY, BUTLER, CROUCH, FINCH, GIGLIO, GOODELL, GRAF, McLAUGHLIN,
MONTESANO, RAIA, SALADINO -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to the
sale of non-food wine or liquor supplies, accessories and/or barware
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 297 of the law of 2016, 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 lottery tickets, when duly
authorized and lawfully conducted, the sale of corkscrews or the sale of
ice or the sale of publications, including prerecorded video and/or
audio cassette tapes, designed to help educate consumers in their know-
ledge and appreciation of wine and wine products, as defined in section
three of this chapter, or the sale of non-carbonated, non-flavored
mineral waters, spring waters and drinking waters or the [sale of glass-
es 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], SALE OF NON-FOOD WINE OR LIQUOR SUPPLIES,
ACCESSORIES AND/OR BARWARE, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,
ANY ITEM UTILIZED FOR THE STORAGE, TRANSPORT, SERVING OR CONSUMPTION OF
WINE OR LIQUOR OR FOR DECORATIVE PURPOSES WHETHER SOLD AS SINGLE ITEMS
OR COMBINED INTO A PACKAGE CONTAINING WINE OR LIQUOR, PUBLICATIONS,
SUBSCRIPTION SERVICES, MEMBERSHIPS, LOYALTY PROGRAMS AND EDUCATION IN
THE FORM OF LIVE, WEBINAR OR PRERECORDED CONTENT DESIGNED TO HELP
EDUCATE CONSUMERS IN THEIR KNOWLEDGE, USE, CONSUMPTION AND APPRECIATION
OF ALCOHOLIC BEVERAGES, INCLUDING RECIPES AND FOOD AND BEVERAGE PAIRING,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07883-01-7
A. 2787 2
AND WINE-MAKING AND CIDER-MAKING EQUIPMENT AND SUPPLIES INCLUDING, BUT
NOT LIMITED TO, HOME WINE-MAKING AND CIDER-MAKING KITS, PRESSES, PUMPS,
BOTTLING EQUIPMENT, FILTERS, YEASTS, CHEMICALS AND OTHER WINE AND CIDER
ADDITIVES, STORAGE OR FERMENTING VESSELS, BARRELS, TOOLS AND DEVICES or
the sale of gift bags, gift boxes, or wrapping, for alcoholic beverages
purchased at the licensed premises shall not constitute engaging in
another business within the meaning of this subdivision.
§ 2. 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 lottery tickets, when duly
authorized and lawfully conducted, the sale of corkscrews or the sale of
ice or the sale of publications, including prerecorded video and/or
audio cassette tapes, designed to help educate consumers in their know-
ledge and appreciation of wine and wine products, as defined in section
three of this chapter, or the sale of non-carbonated, non-flavored
mineral waters, spring waters and drinking waters or the [sale of glass-
es 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] SALE OF NON-FOOD WINE OR LIQUOR SUPPLIES,
ACCESSORIES AND/OR BARWARE, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,
ANY ITEM UTILIZED FOR THE STORAGE, TRANSPORT, SERVING OR CONSUMPTION OF
WINE OR LIQUOR OR FOR DECORATIVE PURPOSES WHETHER SOLD AS SINGLE ITEMS
OR COMBINED INTO A PACKAGE CONTAINING WINE OR LIQUOR, PUBLICATIONS,
SUBSCRIPTION SERVICES, MEMBERSHIPS, LOYALTY PROGRAMS AND EDUCATION IN
THE FORM OF LIVE, WEBINAR OR PRERECORDED CONTENT DESIGNED TO HELP
EDUCATE CONSUMERS IN THEIR KNOWLEDGE, USE, CONSUMPTION AND APPRECIATION
OF ALCOHOLIC BEVERAGES, INCLUDING RECIPES AND FOOD AND BEVERAGE PAIRING,
AND WINE-MAKING AND CIDER-MAKING EQUIPMENT AND SUPPLIES INCLUDING, BUT
NOT LIMITED TO, HOME WINE-MAKING AND CIDER-MAKING KITS, PRESSES, PUMPS,
BOTTLING EQUIPMENT, FILTERS, YEASTS, CHEMICALS AND OTHER WINE AND CIDER
ADDITIVES, STORAGE OR FERMENTING VESSELS, BARRELS, TOOLS AND DEVICES,
shall not constitute engaging in another business within the meaning of
this subdivision.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to subdivision 4 of section 63 of the alcoholic beverage
control law made by section one of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 18 of
chapter 297 of the laws of 2016, as amended, when upon such date the
provisions of section two of this act shall take effect.