assembly Bill A10534A

2019-2020 Legislative Session

Authorizes retail licensees for on-premises consumption to sell and/or deliver alcoholic beverages for consumption off the premises

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2020 print number 10534a
Jun 10, 2020 amend and recommit to economic development
May 28, 2020 referred to economic development

A10534 - Details

See Senate Version of this Bill:
S8565
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §106, ABC L
Versions Introduced in 2021-2022 Legislative Session:
A3806, S589

A10534 - Summary

Authorizes retail licensees for on-premises consumption to sell and/or deliver alcoholic beverages for consumption off the premises, within certain size limitations, that such licensees are currently licensed to sell.

A10534 - Bill Text download pdf


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

                                  10534

                          I N  A S S E M B L Y

                              May 28, 2020
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Cymbrowitz)
  -- read once and referred to the Committee on Economic Development

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  authorizing  retail  licensees  for  on-premises  consumption  to sell
  and/or deliver alcoholic beverages for consumption off the premises

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  3  of  section 106 of the alcoholic beverage
control law, as amended by chapter 297 of the laws of 2016,  is  amended
and a new subdivision 3-a is added to read as follows:
  3.  [No] EXCEPT AS PROVIDED IN SUBDIVISION THREE-A OF THIS SECTION, NO
retail licensee for on-premises consumption shall sell, deliver or  give
away,  or cause or permit or procure to be sold, delivered or given away
any liquors and/or wines for consumption off the  premises  where  sold.
The  provisions of this subdivision shall not prohibit a licensed winery
or farm winery from allowing a patron to leave the winery or farm winery
with a partially consumed bottle of wine provided that  the  removal  of
the bottle is done in accordance with subdivision four of section eight-
y-one of this chapter.
  3-A. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
RETAIL  LICENSEE  FOR  ON-PREMISES  CONSUMPTION,  UPON  APPROVAL  BY THE
AUTHORITY, MAY SELL  AND/OR  DELIVER  CERTAIN  ALCOHOLIC  BEVERAGES  FOR
CONSUMPTION  OFF  THE  PREMISES  WHERE SOLD. SUCH LICENSEE MAY ONLY SELL
AND/OR DELIVER FOR CONSUMPTION OFF THE PREMISES ALCOHOLIC BEVERAGES  FOR
WHICH SUCH LICENSEE IS LICENSED TO SELL FOR CONSUMPTION ON THE PREMISES.
  (B)  A  RETAIL  LICENSEE FOR ON-PREMISES CONSUMPTION SHALL ONLY PERMIT
THE SALE OR DELIVERY OF ALCOHOLIC BEVERAGES:
  (I) WITH THE PURCHASE OF FOOD;
  (II) IN ANY CLOSED OR SEALED CONTAINER NOT  TO  EXCEED  SIXTEEN  FLUID
OUNCES  PER CONTAINER FOR BEER OR CIDER, FIVE FLUID OUNCES PER CONTAINER
FOR WINE, AND TEN FLUID OUNCES PER CONTAINER FOR LIQUOR MIXED WITH  NON-
ALCOHOLIC  BEVERAGES,  PROVIDED SUCH SALE OR DELIVERY IS CONSISTENT WITH
MUNICIPAL OPEN CONTAINER ORDINANCES; AND
  (III) DURING LICENSED HOURS OF OPERATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

A10534A (ACTIVE) - Details

See Senate Version of this Bill:
S8565
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §106, ABC L
Versions Introduced in 2021-2022 Legislative Session:
A3806, S589

A10534A (ACTIVE) - Summary

Authorizes retail licensees for on-premises consumption to sell and/or deliver alcoholic beverages for consumption off the premises, within certain size limitations, that such licensees are currently licensed to sell.

A10534A (ACTIVE) - Bill Text download pdf


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

                                10534--A

                          I N  A S S E M B L Y

                              May 28, 2020
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Cymbrowitz)
  -- read once and referred to the Committee on Economic Development  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  authorizing  retail  licensees  for  on-premises  consumption  to sell
  and/or deliver alcoholic beverages for consumption off the premises

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  3  of  section 106 of the alcoholic beverage
control law, as amended by chapter 297 of the laws of 2016,  is  amended
and a new subdivision 3-a is added to read as follows:
  3.  [No] EXCEPT AS PROVIDED IN SUBDIVISION THREE-A OF THIS SECTION, NO
retail licensee for on-premises consumption shall sell, deliver or  give
away,  or cause or permit or procure to be sold, delivered or given away
any liquors and/or wines for consumption off the  premises  where  sold.
The  provisions of this subdivision shall not prohibit a licensed winery
or farm winery from allowing a patron to leave the winery or farm winery
with a partially consumed bottle of wine provided that  the  removal  of
the bottle is done in accordance with subdivision four of section eight-
y-one of this chapter.
  3-A. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
RETAIL  LICENSEE  FOR  ON-PREMISES  CONSUMPTION,  UPON  APPROVAL  BY THE
AUTHORITY, MAY SELL AND/OR DELIVER CERTAIN ALCOHOLIC BEVERAGES  CONTAIN-
ING  WINE,  MEAD, OR LIQUOR FOR CONSUMPTION OFF THE PREMISES WHERE SOLD.
SUCH LICENSEE MAY ONLY SELL AND/OR DELIVER FOR CONSUMPTION OFF THE PREM-
ISES ALCOHOLIC BEVERAGES CONTAINING WINE, MEAD, OR LIQUOR FOR WHICH SUCH
LICENSEE IS LICENSED TO SELL FOR CONSUMPTION ON THE PREMISES.
  (B) A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION  SHALL  ONLY  PERMIT
THE  SALE  OR  DELIVERY OF ALCOHOLIC BEVERAGES CONTAINING WINE, MEAD, OR
LIQUOR:
  (I) WITH THE PURCHASE OF FOOD;
  (II) IN ANY CLOSED OR SEALED CONTAINER NOT TO EXCEED FIVE FLUID OUNCES
PER CONTAINER FOR WINE OR MEAD, THIRTY-TWO FLUID  OUNCES  PER  CONTAINER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets