S T A T E O F N E W Y O R K
________________________________________________________________________
2641--B
2021-2022 Regular Sessions
I N A S S E M B L Y
January 19, 2021
___________
Introduced by M. of A. FAHY -- read once and referred to the Committee
on Economic Development -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- 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 the
sale of tonic water, bitters and maraschino cherries at liquor stores
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 63 of the alcoholic beverage
control law, as amended by section 3 of part H of chapter 58 of the laws
of 2019, is amended to read as follows:
4. No licensee under this section shall be engaged in any other busi-
ness on the licensed premises. The sale of ANY OF THE FOLLOWING SHALL
NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF THIS
SUBDIVISION:
(A) lottery tickets, when duly authorized and lawfully conducted[, the
sale of];
(B) reusable bags as defined in section 27-2801 of the environmental
conservation law[, the sale of];
(C) corkscrews [or the sale of];
(D) ice [or the sale of];
(E) publications, including prerecorded video and/or audio cassette
tapes, or educational seminars, designed to help educate consumers in
their knowledge and appreciation of alcoholic beverages, as defined in
section three of this chapter and allowed pursuant to their license[, or
the sale of non-carbonated,];
(F) non-flavored mineral waters, spring waters and drinking waters [or
the sale of];
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06478-07-1
A. 2641--B 2
(G) glasses designed for the consumption of wine OR SPIRITS, racks
designed for the storage of wine, and devices designed to minimize
oxidation in bottles of wine which have been uncorked[, or the sale of];
(H) gift bags, gift boxes, ASSOCIATED PROMOTIONAL ITEMS or wrapping,
for alcoholic beverages purchased at the licensed premises [shall not
constitute engaging in another business within the meaning of this
subdivision];
(I) TONIC WATER;
(J) BITTERS; AND
(K) MARASCHINO CHERRIES.
Any fee obtained from the sale of an educational seminar shall not be
considered as a fee for any tasting that may be offered during an educa-
tional seminar, provided that such tastings are available to persons who
have not paid to attend the seminar and all tastings are conducted in
accordance with section sixty-three-a of this article.
§ 2. Paragraph (a) of subdivision 1 of section 104 of the alcoholic
beverage control law, as amended by chapter 2 of the laws of 2013, is
amended to read as follows:
(a) No wholesaler shall be engaged in any other business on the prem-
ises to be licensed; except that nothing contained in this chapter
shall: (1) prohibit a beer wholesaler from (i) acquiring, storing or
selling non-alcoholic snack foods, as defined in paragraph (b) of this
subdivision, (ii) manufacturing, bottling, storing, or selling non-alco-
holic carbonated beverages, (iii) manufacturing, storing or selling
non-alcoholic non-carbonated soft drinks, mineral waters, spring waters,
drinking water, non-taxable malt or cereal beverages, juice drinks,
fruit or vegetable juices, ice, liquid beverage mixes and dry or frozen
beverage mixes, (iv) acquiring, storing or selling wine products, (v)
the sale of promotional items on such premises, or (vi) the sale of
tobacco products at retail by wholesalers who are licensed to sell beer
and other products at retail; (2) prohibit a wholesaler authorized to
sell wine from manufacturing, acquiring or selling wine merchandise, as
defined in paragraph (d) of this subdivision; (3) prohibit a licensed
winery or licensed farm winery from engaging in the business of a wine
wholesaler for New York state labeled wines produced by any licensed
winery or licensed farm winery or prohibit such wine wholesaler from
exercising any of its rights pursuant to sections seventy-six and seven-
ty-six-a of this chapter provided that the operation of such beer and
wine wholesalers business shall be subject to such rules and regulations
as the liquor authority may prescribe; (4) prohibit a beer wholesaler
who is authorized to sell beer at retail from selling at retail: (i)
candy, chewing gum and cough drops; (ii) non-refrigerated salsa; (iii)
cigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue
and picnic-related products and supplies, which shall include, but not
be limited to, charcoal, grills, propane gas, plastic and paper cups,
paper or plastic tablecloths and coolers; (v) beer making and brewing
supplies and publications, which shall include, but not be limited to,
books, magazines, equipment and ingredients; (vi) steins, mugs and other
glassware appropriate for the consumption of beer, malt beverages and
wine products; (vii) items typically used to serve beer and malt bever-
ages including, but not limited to, taps, kegerators, koozies and beer
socks; (viii) lemons, limes and oranges, provided that no more than two
dozen of each shall be displayed at any one time; (ix) rock salt, ice
and snow melting compounds, snow shovels; windshield washer solvent;
firewood; beach umbrellas; sunglasses and sun block; and (x) prepaid
telephone cards; [or](5) prohibit the installation and operation of a
A. 2641--B 3
single automated teller machine in the premises of a beer wholesaler who
is authorized to sell beer at retail; OR (6) PROHIBIT A LIQUOR WHOLE-
SALER FROM TRANSPORTING OR SELLING GIFTS OR PROMOTIONAL ITEMS ASSOCIATED
WITH WINE OR SPIRIT PRODUCTS, TONIC WATER, BITTERS AND MARASCHINO CHER-
RIES. For the purposes of this subdivision, "automated teller machine"
means a device which is linked to the accounts and records of a banking
institution and which enables consumers to carry out banking trans-
actions, including but not limited to, account transfers, deposits, cash
withdrawals, balance inquiries and loan payments.
§ 3. Paragraph (a) of subdivision 3 of section 101-b of the alcoholic
beverage control law, as amended by section 1 of part E of chapter 56 of
the laws of 2006, is amended to read as follows:
(a) No brand of liquor or wine shall be sold to or purchased by a
wholesaler, irrespective of the place of sale or delivery, unless a
schedule, as provided by this section, is transmitted to and received by
the liquor authority, and is then in effect. Such schedule shall be
transmitted to the authority in such form, manner, medium and format as
the authority may direct; shall be deemed duly verified by the person
submitting such schedule upon its transmission to the authority; and
shall contain, with respect to each item, the exact brand or trade name,
capacity of package, nature of contents, age and proof where stated on
the label, the number of bottles contained in each case, the bottle and
case price to wholesalers, the net bottle and case price paid by the
seller, which prices, in each instance, shall be individual for each
item and not in "combination" with any other item, the discounts for
quantity, if any, and the discounts for time of payment, if any. Such
brand of liquor or wine shall not be sold to wholesalers except at the
price and discounts then in effect unless prior written permission of
the authority is granted for good cause shown and for reasons not incon-
sistent with the purpose of this chapter. Such schedule shall be trans-
mitted by (1) the owner of such brand, or (2) a wholesaler selling such
brand and who is designated as agent for the purpose of filing such
schedule if the owner of the brand is not licensed by the authority, or
(3) with the approval of the authority, by a wholesaler, in the event
that the owner of the brand is unable to transmit a schedule or desig-
nate an agent for such purpose. As used in this subdivision the term
"item" shall be deemed to include a sealed, pre-wrapped package consist-
ing of a sealed container OR CONTAINERS of liquor, wine or wine product
and other merchandise reasonably used in connection with the prepara-
tion, storage, PROMOTION, GIFTING or service of liquor, wine or wine
products provided that such other merchandise shall not be potable or
edible.
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law.