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.
