The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3116
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by M. of A. FAHY, WOERNER, LUPARDO -- read once and referred
   to the Committee on Economic Development
 
 AN ACT in relation to permitting licensees under the alcoholic  beverage
   control  law  to sell and deliver alcoholic beverages for off-premises
   consumption; and providing for the repeal of such provisions upon  the
   expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. a. Notwithstanding  any  other  provision  of  law  to  the
 contrary,  any  on-premises licensee and any manufacturing licensee with
 on-premises retail privileges that is licensed pursuant to the alcoholic
 beverage control law may sell for off-premises consumption any alcoholic
 beverages that it is licensed to sell for on-premises consumption.
   b. Alcoholic beverages sold for off-premises consumption  pursuant  to
 this section:
   (i)  may  be  sold  in any closed or any sealed container of any size,
 provided that the sale of each container shall  be  accompanied  by  the
 purchase  of  food,  and  provided  further that sales of such alcoholic
 beverages shall comply with any applicable municipal ordinances relating
 to open containers;
   (ii) may be sold for takeout from the licensed  premises,  or  may  be
 delivered  to  the  residence  of a customer over the age of twenty-one,
 provided that deliveries shall be made in a  vehicle  permitted  by  the
 liquor  authority  or in a vehicle owned and operated or hired and oper-
 ated by the licensee or its employee, and provided further that  a  copy
 of  the  permit  or license must be present in such vehicle while making
 deliveries; and
   (iii) may  only  be  sold  for  off-premises  consumption  during  the
 on-premises  hours  of  operation of the county in which the premises is
 located or, if different, the  hours  of  operation  set  forth  in  the
 licensee's method of operation with the liquor authority.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06514-01-1

 A. 3116                             2
 
   c.  The provisions of this section shall not be construed to modify or
 limit any off-premises  privileges  afforded  by  a  licensee's  current
 license.
   d.  The  liquor  authority  shall  conduct regular outreach to munici-
 palities and community boards to solicit comment regarding the implemen-
 tation of this act and the effects of this act on local communities. Not
 later than six months after the effective date of this act,  the  liquor
 authority shall report to the governor and the legislature on the imple-
 mentation of this act, including a summary of comments the authority has
 received from municipalities and community boards.
   e.  Not  sooner  than four months and not later than two months before
 this act shall expire and be deemed repealed, the liquor authority shall
 conduct at least three public hearings to solicit public comment on  the
 implementation of this act and the effects of this act on local communi-
 ties,  one  of  which  shall  take place in the City of New York, one of
 which shall take place in Western New York, and one of which shall  take
 place in the Capital Region.
   f.  Notwithstanding any inconsistent provision of law to the contrary,
 the liquor authority may on its own initiative or on  complaint  of  any
 person  institute  proceedings to suspend or revoke a licensee's ability
 to sell alcoholic beverages for  off-premises  consumption  pursuant  to
 this  act after a hearing at which the licensee shall be given an oppor-
 tunity to be heard. Such proceedings and such hearing shall be  held  in
 such  manner  and  upon such notice as may be prescribed by the rules of
 the liquor authority, provided that:
   (i) the liquor authority shall give written notice to the licensee and
 the municipality or community board at least fifteen days in advance  of
 such hearing; and
   (ii)  a  municipality or community board may express an opinion for or
 against allowing such licensee to continue to sell  alcoholic  beverages
 for  off-premises  consumption  pursuant  to  this act. Any such opinion
 shall be deemed part of the record upon which the liquor authority makes
 its determination pursuant to this subdivision.
   g. The liquor authority may promulgate rules and regulations to imple-
 ment the provisions of this act.
   § 2. This act shall take effect immediately, and shall expire  and  be
 deemed  repealed  two  years  after the expiration of the state disaster
 emergency, as such term is defined in section 20 of the  executive  law,
 declared pursuant to executive order 202 of 2020, as amended.