S T A T E O F N E W Y O R K
________________________________________________________________________
7732
2021-2022 Regular Sessions
I N A S S E M B L Y
May 20, 2021
___________
Introduced by M. of A. CYMBROWITZ -- read once and referred to the
Committee on Economic Development
AN ACT permitting a retail licensee for on-premises consumption or a
manufacturer with retail on-premises consumption privileges to sell
for takeout and deliver alcoholic beverages for off-premises consump-
tion; and providing for the repeal of such provisions upon expiration
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. (a) The intent of this act is to provide relief to a retail
licensee for on-premises consumption or a manufacturer with retail
on-premises consumption privileges, as provided for in the alcoholic
beverage control law, in relation to permitting the takeout or delivery
of alcoholic beverages.
(b) Notwithstanding any other provision of law to the contrary, a
retail licensee for on-premises consumption or a manufacturer with
retail on-premises consumption privileges, as provided for in the alco-
holic beverage control law and licensed by the state liquor authority
(hereinafter referred to as "the authority"), and in accordance with
their license, may sell for takeout or delivery certain alcoholic bever-
ages that it is currently licensed to sell for on-premises consumption.
Such licensee may only sell for takeout or deliver for consumption off
the premises alcoholic beverages containing wine, mead, or liquor for
which such licensee is licensed to sell for consumption on the premises
to a person twenty-one years of age or older. A retail licensee for
on-premises consumption or a manufacturer with retail on-premises
consumption privileges shall only permit the takeout or delivery sale of
authorized alcoholic beverages:
(i) only with the purchase of an entree or meal;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11182-05-1
A. 7732 2
(ii) the alcoholic beverages are packaged in a container with a secure
lid or cap sealed in a manner designed to prevent consumption without
removal of the lid or cap by breaking the seal;
(iii) per entree or meal and in individually sized servings that are
either in manufacturer sealed containers or containers provided by
licensees that meet the requirements of this act: up to two servings,
not to exceed five fluid ounces of wine or mead per serving; a serving,
not to exceed ten fluid ounces of wine or mead which shall be mixed with
any non-alcoholic beverage; or, up to two servings, not to exceed three
fluid ounces of liquor per serving which may be mixed with any non-alco-
holic beverage;
(iv) takeout or delivery of alcoholic beverages are consistent with
state and municipal open container laws, rules, regulations or ordi-
nances;
(v) takeout and delivery are only authorized during licensed hours of
operation of the county in which the premises are located or, if differ-
ent, the hours of operation set forth in the licensee's method of opera-
tion with the authority; and
(vi) It shall be unlawful for a retail licensee for on-premises
consumption or a manufacturer with retail on-premises consumption privi-
leges, pursuant to this act: (A) to sell for takeout or delivery alco-
holic beverages in quantities greater than otherwise permitted by this
act; such prohibition shall be inclusive of full bottles of wine, mead
or liquor; (B) to advertise or promote the sale of full bottles of wine,
mead, or liquor for off-premises consumption; or (C) to display full
bottles of wine, mead, or liquor for the purpose of promoting the sale
of such products for off-premises consumption.
(c) Deliveries made via motor vehicle shall only be made in (i) a
vehicle permitted by the authority, or (ii) in a vehicle owned and oper-
ated, or hired and operated, by the licensee or its employee; provided,
that a copy of the permit or license must be present in such vehicle
while making deliveries. Delivery drivers shall be required to verify
that delivery of alcoholic beverages shall only be to those twenty-one
years of age and older.
(d) Nothing in this act shall be construed to change the existing
privilege of a retail licensee for on-premises consumption or a manufac-
turer with retail on-premises consumption privileges to sell beer or
cider for consumption off the premises as currently provided for in the
alcoholic beverage control law. Provided, further, that nothing
contained in this act shall be deemed to supersede the provisions of
section 1227 of the vehicle and traffic law.
(e) The authority may promulgate guidance, rules and regulations
necessary to implement the provisions of this act.
(f) The authority may, on its own initiative or on complaint of any
person, institute proceedings to suspend or revoke a licensee's ability
to sell for takeout or delivery alcoholic beverages pursuant to this act
after a hearing, in accordance with section 119 of the alcoholic bever-
age control law, at which such licensee shall be given an opportunity 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
authority.
ยง 2. This act shall take effect immediately and shall expire and be
deemed repealed one year after it shall have become a law.