S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    891
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the alcoholic beverage control law and the tax  law,  in
   relation to certificate of authority numbers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of  section  51  of  the  alcoholic  beverage
 control  law,  as  amended by a chapter of the laws of 2020 amending the
 alcoholic beverage control law relating to requiring certain licenses to
 brew or sell beer to include the certificate  of  authority  number,  as
 proposed in legislative bills numbers S. 4661 and A. 6989, is amended to
 read as follows:
   1.  Any person may apply to the liquor authority for a license to brew
 beer within this state for sale. Such application shall  be  in  writing
 and  verified and shall contain such information as the liquor authority
 shall require. Such application shall be accompanied by a check or draft
 for the amount required by this article for such license. If the  liquor
 authority  shall grant the application, it shall issue a license in such
 form as shall be determined by its rules. Such license shall  contain  a
 description  of the licensed premises and in form and in substance shall
 be a license to the person therein specifically designated to brew  beer
 in  the  premises  therein  specifically licensed. [Such a license shall
 also contain the certificate of authority number.]
   § 2. Section 53 of the alcoholic beverage control law, as amended by a
 chapter of the laws of 2020 amending the alcoholic beverage control  law
 relating  to  requiring certain licenses to brew or sell beer to include
 the certificate of authority number, as proposed  in  legislative  bills
 numbers S. 4661 and A. 6989, is amended to read as follows:
   § 53. Wholesaler's  license.    Any  person  may  apply  to the liquor
 authority for a license to sell  beer  at  wholesale.  Such  application
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD07180-01-1

 S. 891                              2
 
 shall  be  in writing and verified and shall contain such information as
 the liquor authority shall require.  Such application shall be  accompa-
 nied  by  a  check  or draft for the amount required by this article for
 such  license.  If  the  liquor authority shall grant the application it
 shall issue a license in such form as shall be determined by its  rules.
 Such  a license shall contain a description of the licensed premises and
 in form and in substance shall  be  a  license  to  the  person  therein
 specifically designated to sell beer at wholesale in the premises there-
 in  specifically  licensed  to  duly licensed wholesalers, retailers and
 permittees in this state, and to sell or deliver beer to persons outside
 the state pursuant to the laws of the place of such  sale  or  delivery.
 [Such a license shall also contain the certificate of authority number.]
 A  wholesaler's  license issued or renewed prior to July first, nineteen
 hundred sixty, and thereafter renewed or  transferred,  shall  authorize
 the holder thereof to sell beer at retail to a person for consumption in
 his home; provided, however, that regardless of the date issued, renewed
 or  transferred,  a  wholesaler's  license  issued to a brewer or to the
 wholly-owned subsidiary of a brewer, shall authorize the holder  thereof
 to sell beer at retail to a person for consumption in his home.
   § 3. Section 53-a of the alcoholic beverage control law, as amended by
 a  chapter  of  the laws of 2020 amending the alcoholic beverage control
 law relating to requiring certain licenses  to  brew  or  sell  beer  to
 include  the certificate of authority number, as proposed in legislative
 bills numbers S. 4661 and A. 6989, is amended to read as follows:
   § 53-a. Vendor's license.   In  cities  having  a  population  of  one
 million  or  more, any individual person may apply for a license to sell
 beer as a vendor. Such application shall be in  writing,  and  verified,
 and  shall  contain  such  information  as  the  liquor  authority shall
 require. Such application shall be accompanied by a check or  draft  for
 the  amount  required  by  this  article for such license. If the liquor
 authority shall grant the application it shall issue a license  in  such
 form as shall be determined by its rules. Such a license shall contain a
 description  of the licensed premises and in form and in substance shall
 be a license to the person therein specifically designated to sell  beer
 as  a  vendor in cities having a population of one million or more only,
 from the premises therein specifically licensed. [Such a  license  shall
 also  contain  the  certificate of authority number.] A vendor's license
 shall authorize the holder thereof to sell beer at retail to  be  deliv-
 ered  by  such  vendor to a person for consumption in his home and shall
 authorize the holder thereof to operate one vehicle for the delivery  of
 beer,  but  shall  not  authorize the sale to any person or licensee for
 resale.
   § 4. Subdivision 5 of section 54 of  the  alcoholic  beverage  control
 law,  as amended by a chapter of the laws of 2020 amending the alcoholic
 beverage control law relating to requiring certain licenses to  brew  or
 sell beer to include the certificate of authority number, as proposed in
 legislative  bills  numbers  S.  4661 and A. 6989, is amended to read as
 follows:
   5. Such license shall contain a description of the  licensed  premises
 and  in  form  and in substance shall be a license to the person specif-
 ically designated therein to sell beer at retail in the premises specif-
 ically licensed, not to be consumed upon said premises. [Such a  license
 shall also contain the certificate of authority number.]
   §  5.  Subdivision 3 of section 54-a of the alcoholic beverage control
 law, as amended by a chapter of the laws of 2020 amending the  alcoholic
 beverage  control  law relating to requiring certain licenses to brew or

 S. 891                              3
 
 sell beer to include the certificate of authority number, as proposed in
 legislative bills numbers S. 4661 and A. 6989, is  amended  to  read  as
 follows:
   3.  Such  license shall contain a description of the licensed premises
 and in form and in substance shall be a license to  the  person  specif-
 ically  designated  therein  to sell beer and wine products at retail in
 the premises specifically licensed, not to be consumed upon  said  prem-
 ises.  [Such  a  license shall also contain the certificate of authority
 number.]
   § 6. Subdivision 2 of section 55 of  the  alcoholic  beverage  control
 law,  as amended by a chapter of the laws of 2020 amending the alcoholic
 beverage control law relating to requiring certain licenses to  brew  or
 sell beer to include the certificate of authority number, as proposed in
 legislative  bills  numbers  S.  4661 and A. 6989, is amended to read as
 follows:
   2. Such a license shall contain a description of the licensed premises
 and in form and in substance shall be a license to  the  person  therein
 specifically  designated  to  sell  beer in the premises therein specif-
 ically licensed, at retail, to be consumed upon  such  premises.    Such
 license shall also include the privilege of selling beer at retail to be
 consumed  off  the  premises.  [Such  a  license  shall also contain the
 certificate of authority number.]
   § 7. Subdivision (a) of section 1134 of the  tax  law  is  amended  by
 adding a new paragraph 6 to read as follows:
   (6)  BY  JANUARY  FIRST, TWO THOUSAND TWENTY-TWO, THE DEPARTMENT SHALL
 CREATE AND MAINTAIN A PUBLICLY ACCESSIBLE, SEARCHABLE DATABASE  CONTAIN-
 ING  THE CERTIFICATE OF AUTHORITY NUMBER AND ANY CORRESPONDING IDENTIFY-
 ING INFORMATION FOR EACH VENDOR IN THE STATE.
   § 8. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2020 amending the alcoholic beverage
 control law relating to requiring certain licenses to brew or sell  beer
 to  include the certificate of authority number, as proposed in legisla-
 tive bills numbers S. 4661 and A. 6989, takes effect.