S T A T E O F N E W Y O R K
________________________________________________________________________
5008
2019-2020 Regular Sessions
I N A S S E M B L Y
February 6, 2019
___________
Introduced by M. of A. RAIA, McDONOUGH, MONTESANO, RA, GIGLIO, PALMESANO
-- Multi-Sponsored by -- M. of A. LUPARDO, MORINELLO -- read once and
referred to the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to a
special license to sell wine packaged with food products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The alcoholic beverage control law is amended by adding a
new section 76-g to read as follows:
§ 76-G. SPECIAL LICENSE TO SELL WINE PACKAGED WITH FOOD PRODUCTS. 1.
ANY PERSON MAY APPLY TO THE LIQUOR AUTHORITY FOR A SPECIAL LICENSE TO
SELL WINE WHICH IS PACKAGED WITH FOOD PRODUCTS IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. SUCH APPLICATION SHALL BE IN WRITING AND
VERIFIED AND SHALL CONTAIN SUCH INFORMATION AS THE LIQUOR AUTHORITY
SHALL REQUIRE. SUCH APPLICATION SHALL BE ACCOMPANIED BY A CHECK OR DRAFT
FOR THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. IF THE LIQUOR
AUTHORITY SHALL GRANT THE APPLICATION IT SHALL ISSUE A LICENSE IN SUCH
FORM AS SHALL BE DETERMINED BY ITS RULES.
2. A LICENSE GRANTED PURSUANT TO THIS SECTION SHALL PERMIT THE SALE OF
WINE AS PART OF A PACKAGE WHICH CONSISTS OF FOOD ITEMS FOR THE PURPOSE
OF COMPLEMENTING WINE. SUCH FOOD ITEMS SHALL INCLUDE BUT NOT BE LIMITED
TO: CHEESES, FRUITS, CHOCOLATES, BREADS AND CRACKERS.
3. NO MORE THAN ONE LICENSE SHALL BE GRANTED TO ANY PERSON UNDER THIS
SECTION.
4. LICENSEES UNDER THIS SECTION SHALL BE PERMITTED TO SELL WINE SO
PACKAGED FOR CONSUMPTION OFF PREMISES AS WELL AS TO SHIP WINE AS PART OF
A PACKAGE TO PERSONS WITHIN THIS STATE AND TO PERSONS OUTSIDE OF THIS
STATE. LICENSEES SHALL COMPLY WITH ALL APPLICABLE PROVISIONS OF SECTIONS
SEVENTY-NINE-C AND SEVENTY-NINE-D OF THIS ARTICLE.
5. TRANSFERENCE OF A LICENSE UNDER THIS SECTION MAY BE MADE IN ACCORD-
ANCE WITH PUBLIC CONVENIENCE AND ADVANTAGE.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07975-01-9