senate Bill S589A

2021-2022 Legislative Session

Permits 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 consumption

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 25, 2021 print number 589a
May 25, 2021 amend (t) and recommit to investigations and government operations
Jan 06, 2021 referred to investigations and government operations

Co-Sponsors

S589 - Details

See Assembly Version of this Bill:
A7732
Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control
Versions Introduced in 2019-2020 Legislative Session:
S8565

S589 - Summary

Permits 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 and licensed by the state liquor authority, to sell for takeout and deliver alcoholic beverages for off-premises consumption; provides that it shall be unlawful for a retail licensee for on-premises consumption or a manufacturer with retail on-premises consumption privileges, pursuant to this act: to sell for takeout or delivery alcoholic beverages in quantities greater than otherwise permitted by this act, such prohibition shall be inclusive of full bottles of wine, mead or liquor; to advertise or promote the sale of full bottles of wine, mead, or liquor for off-premises consumption; or to display full bottles of wine, mead, or liquor for the purpose of promoting the sale of such products for off-premises consumption.

S589 - Sponsor Memo

S589 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    589
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  BENJAMIN,  BROOKS,  GOUNARDES  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Investigations and Government Operations
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S589A (ACTIVE) - Details

See Assembly Version of this Bill:
A7732
Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control
Versions Introduced in 2019-2020 Legislative Session:
S8565

S589A (ACTIVE) - Summary

Permits 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 and licensed by the state liquor authority, to sell for takeout and deliver alcoholic beverages for off-premises consumption; provides that it shall be unlawful for a retail licensee for on-premises consumption or a manufacturer with retail on-premises consumption privileges, pursuant to this act: to sell for takeout or delivery alcoholic beverages in quantities greater than otherwise permitted by this act, such prohibition shall be inclusive of full bottles of wine, mead or liquor; to advertise or promote the sale of full bottles of wine, mead, or liquor for off-premises consumption; or to display full bottles of wine, mead, or liquor for the purpose of promoting the sale of such products for off-premises consumption.

S589A (ACTIVE) - Sponsor Memo

S589A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  589--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. BENJAMIN, BRESLIN, GOUNARDES, JACKSON -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Investigations and Government Operations --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.