NY State Senate Bill 2019-S8565

Senate Bill S8565

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2020	referred to rules

co-Sponsors

2019-S8565 (ACTIVE) - Details

See Assembly Version of this Bill:: A10534
Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §106, ABC L
Versions Introduced in 2021-2022 Legislative Session:: S589, S8184, A3806

2019-S8565 (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.

2019-S8565 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8565

SPONSOR: BENJAMIN
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to permit retailers licensed for on-premises
consumption, such as bars and restaurants, to sell and/or deliver wine,
mead or liquor for consumption off the premises, subject to certain
restrictions.

 
SUMMARY OF PROVISIONS:

Section one amends section 106, subdivision 3 of the alcohol control law
by creating subdivision 3-a as follows:  Upon the approval of the SLA, a
retail licensee for on-premises consumption may sell and/or deliver

wine, mead, or liquor for consumption off the premises where sold.

Such licensee may only sell and/or deliver for off-premise consumption
those alcoholic beverages containing wine, mead, or liquor for which the
retailer is licensed, and when all of the following conditions are met:

- with the purchase of food
- during the licensed hours of operation
- consistent with municipal open container ordinances
- in a closed or sealed container not to exceed the following volumes:
- 5 fluid ounces for wine or mead
- 32 fluid ounces for wine or mead mixed with non-alcoholic beverages
- 10 fluid ounces for liquor mixed with non-alcoholic beverages

Delivery shall be permitted in a vehicle permitted by the SLA, or owned
and operated by the licensee or its employee with a copy of current
issued license on his/her person.

Section two is the enacting clause.

 
EXISTING LAW:

 
JUSTIFICATION:

The 2019 novel coronavirus took an immense toll on the restaurant and
hospitality industry in NYS and the future of food service in New York
State is uncertain. More than 50% of businesses are unsure if they will
re-open, and almost 4% predict they will permanently close.  Surveys
conducted by the NYS Restaurant Association and the NYC Hospitality
Alliance attempt to quantify this almost incalculable loss. In NYS, the
food service industry is estimated to have lost $3.6 billion in sales
during April 2020, a 79% percent decline compared to April 2019. Restau-
rants and food service jobs represent 9% of the state's workforce and
more than 527,000 restaurant employees, or about 80%, have been laid off
or furloughed.

In an attempt to alleviate the economic hardships faced by the loss of
revenue for on-premises consumption retailers, Governor Cuomo ordered
the State Liquor Authority to permit the sale of wine, mead, and liquor
for off-site consumption and promulgate guidance for such sales. This
bill continues these privileges beyond the coronavirus emergency PAUSE
order as an additional revenue stream to assist in the restaurant and
food service industry's' immediate recovery and to ensure a healthy and
profitable future.

This bill does not impact the existing ability of on-premises retailers
under the ABC Law to sell beer and cider for off-premises consumption.

Sources: National Restaurant Association Restaurant Impact Survey (April
10-16) NYC Hospitality Business Status Survey (May 2020)

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None other than potential increase in revenues for increased sale.

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediate

2019-S8565 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8565
 
                             I N  S E N A T E
 
                               June 16, 2020
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 FOR WINE OR MEAD MIXED WITH NON-ALCOHOLIC BEVERAGES, AND TEN FLUID OUNC-
 ES PER CONTAINER FOR LIQUOR MIXED WITH NON-ALCOHOLIC BEVERAGES, PROVIDED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16363-04-0

 S. 8565                             2
 
 SUCH  SALE OR DELIVERY IS CONSISTENT WITH MUNICIPAL OPEN CONTAINER ORDI-
 NANCES; AND
   (III) DURING LICENSED HOURS OF OPERATION.
   (C) DELIVERIES SHALL BE MADE IN:
   (I) A VEHICLE PERMITTED BY THE AUTHORITY; OR
   (II) A VEHICLE OWNED AND OPERATED BY A RETAIL LICENSEE OR ITS EMPLOYEE
 PROVIDED  THE  PERSON  MAKING  THE  DELIVERY  SHALL HAVE UPON HIS OR HER
 PERSON WHILE SO DELIVERING A COPY OF THE CURRENT LICENSE ISSUED  BY  THE
 AUTHORITY.
   (D)  NOTHING  IN  THIS  SUBDIVISION SHALL BE CONSTRUED TO ABROGATE THE
 ABILITY OF A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION TO SELL BEER OR
 CIDER FOR CONSUMPTION OFF THE PREMISES AS PROVIDED FOR IN THIS CHAPTER.
   § 2. This act shall take effect immediately.

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Senate Bill S8565

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Sponsored By

Brian Benjamin