S T A T E O F N E W Y O R K
________________________________________________________________________
7258--A
2019-2020 Regular Sessions
I N A S S E M B L Y
April 18, 2019
___________
Introduced by M. of A. RODRIGUEZ -- read once and referred to the
Committee on Economic Development -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the alcoholic beverage control law, in relation to
licensing restrictions for manufacturers and wholesalers of alcoholic
beverages and retail licensees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of paragraph (a) of subdivision 1 of
section 101 of the alcoholic beverage control law, as amended by chapter
318 of the laws of 2016, is amended to read as follows:
Be interested directly or indirectly in any premises LICENSED UNDER
THIS CHAPTER where any alcoholic beverage is sold at retail; or in any
business LICENSED UNDER THIS CHAPTER devoted wholly or partially to the
sale of any alcoholic beverage at retail by stock ownership, interlock-
ing directors, mortgage or lien or any personal or real property, or by
any other means. The provisions of this paragraph shall not apply to
§ 2. Subdivision 16 of section 105 of the alcoholic beverage control
law, as amended by chapter 621 of the laws of 1944, is amended to read
as follows:
16. No retail licensee to sell liquors and/or wines for off-premises
consumption LICENSED UNDER THIS CHAPTER shall be interested, directly or
indirectly, in any premises LICENSED UNDER THIS CHAPTER where liquors,
wines or beer are manufactured OR FOR WHICH A MANUFACTURER HAS DESIG-
NATED AN EXCLUSIVE AGENT or sold at wholesale or any other premises
where liquor or wine is sold at retail for off-premises consumption, by
stock ownership, interlocking directors, mortgage or lien on any
personal or real property or by any other means. Any lien, mortgage or
other interest or estate, however, now held by such retailer on or in
the personal or real property of such manufacturer or wholesaler, which
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11152-02-9
A. 7258--A 2
mortgage, lien, interest or estate was acquired on or before December
thirty-first, nineteen hundred thirty-two, shall not be included within
the provisions of this subdivision; provided, however, the burden of
establishing the time of the accrual of the interest comprehended by
this subdivision, shall be upon the person who claims to be entitled to
the protection and exemption afforded hereby.
§ 3. The opening paragraph of paragraph (a) of subdivision 13 of
section 106 of the alcoholic beverage control law, as amended by chapter
453 of the laws of 2018, is amended to read as follows:
No retail licensee for on-premises consumption shall be interested,
directly or indirectly, in any premises LICENSED UNDER THIS CHAPTER
where liquors, wines or beer are manufactured, OR FOR WHICH A MANUFAC-
TURER HAS DESIGNATED AN EXCLUSIVE AGENT, or sold at wholesale, by stock
ownership, interlocking directors, mortgage or lien on any personal or
real property or by any other means, except that liquors, wines or beer
may be manufactured or sold wholesale by the person licensed as a
manufacturer or wholesaler thereof:
§ 4. This act shall take effect immediately.