S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7864
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the alcoholic beverage control law, in relation  to  the
   sale of non-alcoholic versions of alcoholic beverages
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 3 of the alcoholic beverage control law is amended
 by adding a new subdivision 20-h to read as follows:
   20-H. "NON-ALCOHOLIC VERSION OF AN ALCOHOLIC BEVERAGE" MEANS A NON-AL-
 COHOLIC BEVERAGE THAT CONTAINS FIVE-TENTHS PERCENT OR  LESS  ALCOHOL  BY
 VOLUME  AND  THAT IS MARKETED AND SOLD AS AN ALTERNATIVE TO AN ALCOHOLIC
 BEVERAGE.
   § 2. Subdivision 4 of section 63 of  the  alcoholic  beverage  control
 law,  as  amended by chapter 526 of the laws of 2023, is amended to read
 as follows:
   4. No licensee under this section shall be engaged in any other  busi-
 ness  on  the  licensed premises. The sale of lottery tickets, when duly
 authorized and lawfully conducted, the sale of reusable bags as  defined
 in  section  27-2801  of the environmental conservation law, the sale of
 corkscrews or the sale of ice or the  sale  of  publications,  including
 prerecorded  video and/or audio cassette tapes, or educational seminars,
 designed to help educate consumers in their knowledge  and  appreciation
 of  alcoholic beverages, as defined in section three of this chapter and
 allowed pursuant to their license, or the sale of  non-carbonated,  non-
 flavored  mineral  waters,  spring  waters [and] drinking waters, OR THE
 SALE OF NON-ALCOHOLIC VERSIONS OF ALCOHOLIC BEVERAGES, or  the  sale  of
 glasses  designed for the consumption of wine or spirits, racks designed
 for the storage of wine, and devices designed to minimize  oxidation  in
 bottles of wine which have been uncorked, or the sale of gift bags, gift
 boxes,  associated gift or promotional items, or wrapping, for alcoholic
 beverages purchased at the licensed premises shall not constitute engag-
 ing in another business within the meaning of this subdivision. Any  fee
 obtained from the sale of an educational seminar shall not be considered
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13402-02-4
 S. 7864                             2
 
 as a fee for any tasting that may be offered during an educational semi-
 nar,  provided  that such tastings are available to persons who have not
 paid to attend the seminar and all tastings are conducted in  accordance
 with  section  sixty-three-a  of  this article. For the purposes of this
 section, gift or promotional items shall only include those  items  that
 are  complimentary  and  directly  associated  with  the sale of wine or
 distilled spirits they are promoting and shall mean: (i) items that  are
 de  minimis  in value, but in no instance shall merchandise be valued at
 more than fifteen dollars in total; (ii) items that are  imprinted  with
 the  wine  or  spirits  brand  logo on the gift or promotional item; and
 (iii) items that are included as part of a manufactured pre-sealed pack-
 age with the wine or distilled spirit that is being gifted or  promoted.
 Further,  for  the purposes of this section, promotional items shall not
 include any food, non-alcoholic beverage, or other drink  or  food  mix,
 nor shall these items be offered for sale to the general public as indi-
 vidual  items,  EXCEPT FOR THOSE BEVERAGES SPECIFICALLY AUTHORIZED TO BE
 SOLD PURSUANT TO THIS SUBDIVISION.
   § 3. This act shall take effect immediately.