S T A T E O F N E W Y O R K
________________________________________________________________________
7898
2017-2018 Regular Sessions
I N A S S E M B L Y
May 18, 2017
___________
Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
permitting sales to holders of licenses to sell for on-premises
consumption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 79 of the alcoholic beverage control law is amended
by adding a new subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY LICENSE
UNDER THIS SECTION INCLUDES THE PRIVILEGES TO SELL WINE TO ANY PERSON
LICENSED UNDER THIS CHAPTER TO SELL WINE AT RETAIL FOR CONSUMPTION ON
THE PREMISES UNDER SECTION SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-B,
SIXTY-FOUR-C, SIXTY-FOUR-D, SEVENTY-NINE-B OR EIGHTY-ONE OF THIS CHAP-
TER. ANY SUCH SALES SHALL BE SUBJECT TO SECTION ONE HUNDRED ONE-AA OF
THIS CHAPTER. PRIOR TO MAKING ANY SALES TO ON-PREMISES LICENSEES, A
LICENSEE UNDER THIS CHAPTER SHALL OBTAIN A PERMIT FROM THE FEDERAL ALCO-
HOL AND TOBACCO TAX AND TRADE BUREAU AUTHORIZING IT TO SELL WINE AT
WHOLESALE AND SHALL REGISTER AS A DISTRIBUTOR OF ALCOHOLIC BEVERAGES
WITH THE STATE DEPARTMENT OF TAXATION AND FINANCE.
§ 2. Section 63 of the alcoholic beverage control law is amended by
adding a new subdivision 7 to read as follows:
7. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY LICENSE
UNDER THIS SECTION INCLUDES THE PRIVILEGES TO SELL LIQUOR AND/OR WINE TO
ANY PERSON LICENSED UNDER THIS CHAPTER TO SELL LIQUOR AND/OR WINE AT
RETAIL FOR CONSUMPTION ON THE PREMISES UNDER SECTION SIXTY-FOUR, SIXTY-
FOUR-A, SIXTY-FOUR-B, SIXTY-FOUR-C, SIXTY-FOUR-D, SEVENTY-NINE-B, OR
EIGHTY-ONE OF THIS CHAPTER. ANY SUCH SALES SHALL BE SUBJECT TO SECTION
ONE HUNDRED ONE-AA OF THIS CHAPTER. PRIOR TO MAKING ANY SALES TO
ON-PREMISES LICENSEES, A LICENSEE UNDER THIS CHAPTER SHALL OBTAIN A
PERMIT FROM THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU AUTHOR-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09885-01-7
A. 7898 2
IZING IT TO SELL WINE AND/OR LIQUOR AT WHOLESALE, AND SHALL REGISTER AS
A DISTRIBUTOR OF ALCOHOLIC BEVERAGES WITH THE STATE DEPARTMENT OF TAXA-
TION AND FINANCE.
§ 3. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
control law, as amended by chapter 458 of the laws of 1993, are amended
to read as follows:
3-a. No licensee or permittee shall purchase or agree to purchase any
alcoholic beverages from any person within the state who is not duly
licensed to sell such alcoholic beverage as the case may be, at the time
of such agreement and sale nor give any order for any alcoholic beverage
to any individual who is not the holder of a solicitor's permit, except
as provided for in section SIXTY-THREE, SEVENTY-NINE, eighty-five or
ninety-nine-g of this chapter.
3-b. No retail licensee shall purchase, agree to purchase or receive
any alcoholic beverage except from a person duly licensed within the
state by the liquor authority to sell such alcoholic beverage at the
time of such agreement and sale to such retail licensee, except as
provided for in section SIXTY-THREE, SEVENTY-NINE, eighty-five or nine-
ty-nine-g of this chapter.
§ 4. This act shall take effect immediately.