S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4317
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 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 297 of the laws 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 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[, or the sale of];
   (G) 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];
   (H) TONIC WATER;
   (I) BITERS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01134-01-7

 A. 4317                             2
 
   (J) MARASCHINO CHERRIES.
   §  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 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.
   § 3. 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

 A. 4317                             3

 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.
   § 4. 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.