Assembly Bill A4132

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4132
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Economic Development
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   private label wine
 
   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 23-a to read as follows:
   23-A. "PRIVATE LABEL" MEANS AN ALCOHOLIC BEVERAGE WITH A BRAND NAME OR
 TRADE NAME LABEL THAT IS EXCLUSIVELY OWNED BY A  LICENSED  RETAILER,  OR
 OWNED  BY  AN  ENTITY THAT HAS GRANTED A RETAILER THE LEGAL RIGHT TO USE
 SUCH BRAND NAME OR TRADE NAME, AND SUCH ALCOHOLIC BEVERAGE  IS  SOLD  AT
 RETAIL WITHIN THE STATE EXCLUSIVELY BY SUCH RETAILER; PROVIDED, HOWEVER,
 THAT  PRIVATE LABEL WINE MAY ALSO BE SOLD BY LICENSEES THAT ARE COMMONLY
 OWNED AFFILIATES OF SUCH RETAILER.
   § 2. Paragraph (c) of subdivision 3 of section 101-b of the  alcoholic
 beverage  control law, as amended by chapter 531 of the laws of 1964, is
 amended to read as follows:
   (c) Provided however, nothing contained in this section shall  require
 any manufacturer or wholesaler to list ANY PRIVATE LABEL in any schedule
 to  be  filed  pursuant  to this section [any item offered for sale to a
 retailer under a brand which is owned exclusively by  one  retailer  and
 sold at retail within the state exclusively by such retailer].
   §  3.  Subdivision  3 of section 106 of the alcoholic beverage control
 law, as amended by chapter 297 of the laws of 2016, is amended  to  read
 as follows:
   3.  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; PROVIDED, HOWEVER, NOTWITHSTANDING ANY LAW TO THE  CONTRARY,
 A  RESTAURANT  LICENSED  TO SELL WINE UNDER THIS CHAPTER MAY SELL SEALED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05351-01-5
              

 A. 4132                             2
 
 BOTTLES OF PRIVATE LABEL WINE  FOR  OFF-PREMISES  CONSUMPTION  WITH  THE
 PURCHASE OF A SUBSTANTIAL FOOD ITEM.  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 eighty-one of this chapter.
   § 4. This act shall take effect immediately.