S T A T E O F N E W Y O R K
________________________________________________________________________
8479
2017-2018 Regular Sessions
I N A S S E M B L Y
June 16, 2017
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
allowing bed and breakfasts to sell cider, liquor, beer and wine
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 51 of the alcoholic beverage
control law, as amended by chapter 431 of the laws of 2014, is amended
to read as follows:
4. A licensed brewery may operate a restaurant, hotel, AN ESTABLISH-
MENT DESIGNATED AND COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST,
catering establishment, or other food and drinking establishment in or
adjacent to the licensed premises and sell at such place, at retail for
consumption on the premises, beer manufactured by the licensee and any
New York state labeled beer. All of the provisions of this chapter rela-
tive to licenses to sell beer at retail for consumption on the premises
shall apply so far as applicable to such licensee. Notwithstanding any
other provision of law, the licensed brewer may apply to the liquor
authority for a license to sell beer, wine or liquor at retail for
consumption on the premises at such establishment. All of the provisions
of this chapter relative to licenses to sell beer, wine or liquor at
retail for consumption on the premises shall apply so far as applicable
to such application.
§ 2. Paragraph (g) of subdivision 2 of section 51-a of the alcoholic
beverage control law, as amended by chapter 431 of the laws of 2014, is
amended to read as follows:
(g) operate a restaurant, hotel, AN ESTABLISHMENT DESIGNATED AND
COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST, catering establish-
ment, or other food and drinking establishment in or adjacent to the
licensed premises and sell at such place, at retail for consumption on
the premises, beer and cider manufactured by the licensee and any New
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06925-03-7
A. 8479 2
York state labeled beer or New York state labeled cider. All of the
provisions of this chapter relative to licenses to sell beer at retail
for consumption on and off the premises shall apply so far as applicable
to such licensee. Notwithstanding any other provision of law, the
licensed farm brewery may apply to the authority for a license under
this chapter to sell other alcoholic beverages at retail for consumption
on the premises at such establishment;
§ 3. Subparagraph (ii) of paragraph (f) of subdivision 2 of section
58-c of the alcoholic beverage control law, as amended by chapter 431 of
the laws of 2014, is amended to read as follows:
(ii) operate a restaurant, hotel, AN ESTABLISHMENT DESIGNATED AND
COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST, catering establish-
ment, or other food and drinking establishment in or adjacent to the
licensed premises and sell at such place, at retail for consumption on
the premises, cider manufactured by the licensee and any New York state
labeled cider. All of the provisions of this chapter relative to licen-
sees to selling cider at retail shall apply. Notwithstanding any other
provision of law, the licensed farm cidery may apply to the authority
for a license under this chapter to sell other alcoholic beverages at
retail for consumption on the premises at such establishment;
§ 4. Subparagraph (ii) of paragraph (e) of subdivision 2-c of section
61 of the alcoholic beverage control law, as amended by chapter 431 of
the laws of 2014, is amended to read as follows:
(ii) operate a restaurant, hotel, AN ESTABLISHMENT DESIGNATED AND
COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST, catering establish-
ment, or other food and drinking establishment in or adjacent to the
licensed premises and sell at such place, at retail for consumption on
the premises, liquor manufactured by the licensee and any New York state
labeled liquor. All of the provisions of this chapter relative to
licenses to sell liquor at retail for consumption on the premises shall
apply so far as applicable to such licensee. Notwithstanding any other
provision of law, the licensee may apply to the authority for a license
under this chapter to sell other alcoholic beverages at retail for
consumption on the premises at such establishment.
§ 5. Subdivision 5-a of section 64 of the alcoholic beverage control
law, as added by chapter 480 of the laws of 2003, is amended to read as
follows:
5-a. Notwithstanding the provisions of subdivision five of this
section, a liquor license may be issued under this section to an estab-
lishment designated and commonly known and operated as a "bed and break-
fast" regardless of whether or not a restaurant is operated in such
establishment[, provided that such license shall only permit the sale of
alcoholic beverages to overnight guests of such establishment].
§ 6. Subdivision 4-a of section 76 of the alcoholic beverage control
law, as amended by chapter 431 of the laws of 2014, is amended to read
as follows:
4-a. A licensed winery may operate a restaurant, hotel, AN ESTABLISH-
MENT DESIGNATED AND COMMONLY KNOWN AS A BED AND BREAKFAST, catering
establishment, or other food and drinking establishment in or adjacent
to the licensed premises and sell at such place, at retail for consump-
tion on the premises, wine and wine products manufactured by the licen-
see and any New York state labeled wine or New York state labeled wine
product. All of the provisions of this chapter relative to licenses to
sell wine at retail for consumption on the premises shall apply so far
as applicable to such licensee. Notwithstanding any other provision of
law, the licensed winery may apply to the authority for a license under
A. 8479 3
article four of this chapter to sell other alcoholic beverages at retail
for consumption on the premises at such establishment.
§ 7. Paragraph (f) of subdivision 2 of section 76-a of the alcoholic
beverage control law, as amended by chapter 431 of the laws of 2014, is
amended to read as follows:
(f) operate a restaurant, hotel, AN ESTABLISHMENT DESIGNATED AND
COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST, catering establish-
ment, or other food and drinking establishment in or adjacent to the
licensed premises and sell at such place, at retail for consumption on
the premises, wine, cider and wine products manufactured by the licensee
and any New York state labeled wine, New York state labeled cider or New
York state labeled wine product. All of the provisions of this chapter
relative to licenses to sell wine at retail for consumption on the prem-
ises shall apply so far as applicable to such licensee. Notwithstanding
any other provision of law, the licensed winery may apply to the author-
ity for a license under article four of this chapter to sell other alco-
holic beverages at retail for consumption on the premises at such estab-
lishment.
§ 8. This act shall take effect immediately.