The New York State Senate

 
                     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

 A. 3806                             2
 
   (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
 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.