assembly Bill A3806

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 28, 2021 referred to economic development

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A3806 (ACTIVE) - Details

Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §106, ABC L
Versions Introduced in 2019-2020 Legislative Session:
A10534

A3806 (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.

A3806 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3806
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M. of A. CYMBROWITZ, SEAWRIGHT -- read once and referred
   to the Committee on Economic Development
 
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05034-01-1