Assembly Bill A10620

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10620
 
                           I N  A S S E M B L Y
 
                              March 13, 2026
                                ___________
 
 Introduced by M. of A. SIMONE -- read once and referred to the Committee
   on Economic Development
 
 AN  ACT  to amend the alcoholic beverage control law, in relation to the
   exemption of certain  parcels  of  land  from  licensing  restrictions
   prohibiting  manufacturers,  wholesalers  and  retailers  of alcoholic
   beverages from sharing an interest in a licensed premises or  to  sell
   at  retail  for consumption off and on the premises; to repeal certain
   provisions of such law relating thereto; 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. Subdivision 25 of section 105  of  the  alcoholic  beverage
 control  law  is  REPEALED  and a new subdivision 25 is added to read as
 follows:
   25. (A) THE PROVISIONS OF SUBDIVISIONS SIXTEEN AND SEVENTEEN  OF  THIS
 SECTION  SHALL  NOT  APPLY  TO  ANY INTEREST IN A MANUFACTURER INSIDE OR
 OUTSIDE THE UNITED STATES, HELD BY ANY BUSINESS OR ENTITY LOCATED ON ANY
 PARCELS OF LAND IN THE BOROUGH OF MANHATTAN, CITY AND STATE OF NEW YORK,
 BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING AT A POINT ON THE NORTHERLY SIDE OF WEST 48TH STREET DISTANT
 200 FEET WESTERLY FROM THE CORNER FORMED  BY  THE  INTERSECTION  OF  THE
 NORTH  SIDE  OF  WEST  48TH  STREET  WITH THE WEST SIDE OF FIFTH AVENUE;
 RUNNING THENCE WESTERLY ALONG THE NORTH SIDE OF  WEST  48TH  STREET  175
 FEET  TO  THE WESTERLY SIDE OF ROCKEFELLER PLAZA; THENCE NORTHERLY ALONG
 THE WESTERLY SIDE OF ROCKEFELLER PLAZA 200 FEET 10 INCHES TO  THE  SOUTH
 SIDE  OF  WEST 49TH STREET; THENCE EASTERLY ALONG THE SOUTH SIDE OF WEST
 49TH STREET 150 FEET TO A POINT DISTANT 225 FEET WESTERLY FROM THE  WEST
 SIDE  OF  FIFTH  AVENUE; THENCE SOUTHERLY PARALLEL WITH FIFTH AVENUE AND
 FOR PART OF THE DISTANCE THROUGH A PARTY WALL 100 FEET 5 INCHES;  THENCE
 EASTERLY  PARALLEL  WITH  WEST  49TH  STREET,  25 FEET; THENCE SOUTHERLY
 PARALLEL WITH FIFTH AVENUE, 100 FEET 5 INCHES TO THE NORTH SIDE OF  WEST
 48TH STREET AT THE PLACE OF BEGINNING.
   (B)  PROVIDED,  HOWEVER,  THAT  WITH RESPECT TO SUCH RETAIL LICENSEE'S
 INTEREST IN A BUSINESS ENGAGED IN THE MANUFACTURE OF ALCOHOLIC BEVERAGES
 DESCRIBED IN SUBDIVISION SIXTEEN OR SEVENTEEN OF THIS SECTION:
   (I) SUCH INTEREST SHALL HAVE BEEN ACQUIRED PRIOR TO THE EFFECTIVE DATE
 OF THIS SUBDIVISION; AND
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14930-01-6
 A. 10620                            2
 
   (II) SUCH RETAIL LICENSEE SHALL NOT PURCHASE ALCOHOLIC  BEVERAGES  FOR
 RESALE  DIRECTLY  FROM  ANY SUCH MANUFACTURER; PROVIDED FURTHER THAT THE
 ACQUISITION OF ANY SUCH BEVERAGES FROM ANY  SUCH  MANUFACTURER  VIA  THE
 CONSIGNMENT PROCESS FOR THE PURPOSES OF A SALE PURSUANT TO SECTION NINE-
 TY-NINE-G  OF THIS CHAPTER SHALL NOT BE DEEMED A PURCHASE FOR RESALE FOR
 THE PURPOSES OF THIS SECTION.
   § 2. Subdivision 13 of section 106 of the alcoholic  beverage  control
 law is amended by adding a new paragraph (a-2) to read as follows:
   (A-2)  (I)  THE  PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL
 NOT APPLY TO THE HOLDER OF  A  RETAIL  ON-PREMISES  CONSUMPTION  LICENSE
 ISSUED  FOR  PREMISES  LOCATED IN THE BOROUGH OF MANHATTAN, CITY, COUNTY
 AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT  A
 POINT ON THE NORTHERLY SIDE OF WEST 48TH STREET DISTANT 200 FEET WESTER-
 LY  FROM THE CORNER FORMED BY THE INTERSECTION OF THE NORTH SIDE OF WEST
 48TH STREET WITH THE WEST SIDE OF FIFTH AVENUE; RUNNING THENCE  WESTERLY
 ALONG  THE  NORTH SIDE OF WEST 48TH STREET 175 FEET TO THE WESTERLY SIDE
 OF ROCKEFELLER PLAZA; THENCE NORTHERLY ALONG THE WESTERLY SIDE OF ROCKE-
 FELLER PLAZA 200 FEET 10 INCHES TO THE SOUTH SIDE OF WEST  49TH  STREET;
 THENCE  EASTERLY  ALONG THE SOUTH SIDE OF WEST 49TH STREET 150 FEET TO A
 POINT DISTANT 225 FEET WESTERLY FROM THE  WEST  SIDE  OF  FIFTH  AVENUE;
 THENCE SOUTHERLY PARALLEL WITH FIFTH AVENUE AND FOR PART OF THE DISTANCE
 THROUGH  A  PARTY  WALL 100 FEET 5 INCHES; THENCE EASTERLY PARALLEL WITH
 WEST 49TH STREET, 25 FEET; THENCE SOUTHERLY PARALLEL WITH FIFTH  AVENUE,
 100  FEET 5 INCHES TO THE NORTH SIDE OF WEST 48TH STREET AT THE PLACE OF
 BEGINNING.
   (II) PROVIDED, HOWEVER, THAT WITH RESPECT TO  SUCH  RETAIL  LICENSEE'S
 INTEREST IN A BUSINESS ENGAGED IN THE MANUFACTURE OF ALCOHOLIC BEVERAGES
 DESCRIBED IN THIS SUBDIVISION:
   (1) SUCH INTEREST SHALL HAVE BEEN ACQUIRED PRIOR TO THE EFFECTIVE DATE
 OF THIS SUBDIVISION; AND
   (2)  SUCH  RETAIL  LICENSEE SHALL NOT PURCHASE ALCOHOLIC BEVERAGES FOR
 SALE AT RETAIL DIRECTLY FROM ANY SUCH MANUFACTURER.
   § 3. This act shall take effect immediately; provided,  however,  that
 upon  the  sale  or transfer of the parcels detailed in paragraph (a) of
 subdivision 25 of section 105 or subparagraph (i) of paragraph (a-2)  of
 subdivision  13 of section 106 of the alcoholic beverage control law, as
 added by sections one and two of this act, respectively,  such  subdivi-
 sion  25  and  paragraph (a-2), respectively, shall expire and be deemed
 repealed unless the licensee immediately obtains a leasehold  upon  such
 sale  or transfer of such parcel as part of the sale or transfer. If the
 licensee obtains such a leasehold, then subdivision 25  of  section  105
 and  paragraph  (a-2) of subdivision 13 of section 106, of the alcoholic
 beverage control law, pertaining to such  parcel  shall  expire  and  be
 deemed  repealed  upon  the  end or termination of such lease. The state
 liquor authority shall notify the legislative bill  drafting  commission
 upon  notification  by the licensee of the sale, transfer or termination
 of the leasehold, or non-renewal of the leasehold of the parcel detailed
 in paragraph (a) of subdivision 25 of section 105, or  subparagraph  (i)
 of  paragraph  (a-2)  of subdivision 13 of section 106, of the alcoholic
 beverage control law, in order that the commission may maintain an accu-
 rate and timely effective data base of the official text of the laws  of
 the  state  of New York in furtherance of effectuating the provisions of
 section 44 of the legislative law and section 70-b of the  public  offi-
 cers law.