S T A T E O F N E W Y O R K
________________________________________________________________________
6277--A
2025-2026 Regular Sessions
I N A S S E M B L Y
March 3, 2025
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Economic Development -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the alcoholic beverage control law, in relation to
establishing a brand owner's license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 17 of the alcoholic beverage
control law, as amended by section 8 of chapter 522 of the laws of 2018,
is amended to read as follows:
3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall not exceed the sum of ten thousand
dollars as against the holder of any retail permit issued pursuant to
sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of any retail license issued pursuant to
sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty-
five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, seventy-six-f, seventy-nine, eighty-one and eighty-one-a
of this chapter, and the sum of thirty thousand dollars as against the
holder of a license issued pursuant to sections thirty, thirty-one,
fifty-three, sixty-one-a, sixty-one-b, SIXTY-ONE-C, seventy-six, seven-
ty-six-a, and seventy-eight of this chapter, provided that the civil
penalty against the holder of a wholesale license issued pursuant to
section fifty-three of this chapter shall not exceed the sum of ten
thousand dollars where that licensee violates provisions of this chapter
during the course of the sale of beer at retail to a person for consump-
tion at home, and the sum of one hundred thousand dollars as against the
holder of any license issued pursuant to sections fifty-one, sixty-one,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01993-02-5
A. 6277--A 2
and sixty-two of this chapter. Any civil penalty so imposed shall be in
addition to and separate and apart from the terms and provisions of the
bond required pursuant to section one hundred twelve of this chapter.
Provided that no appeal is pending on the imposition of such civil
penalty, in the event such civil penalty imposed by the division remains
unpaid, in whole or in part, more than forty-five days after written
demand for payment has been sent by first class mail to the address of
the licensed premises, a notice of impending default judgment shall be
sent by first class mail to the licensed premises and by first class
mail to the last known home address of the person who signed the most
recent license application. The notice of impending default judgment
shall advise the licensee: (a) that a civil penalty was imposed on the
licensee; (b) the date the penalty was imposed; (c) the amount of the
civil penalty; (d) the amount of the civil penalty that remains unpaid
as of the date of the notice; (e) the violations for which the civil
penalty was imposed; and (f) that a judgment by default will be entered
in the supreme court of the county in which the licensed premises are
located, or other court of civil jurisdiction or any other place
provided for the entry of civil judgments within the state of New York
unless the division receives full payment of all civil penalties due
within twenty days of the date of the notice of impending default judg-
ment. If full payment shall not have been received by the division with-
in thirty days of mailing of the notice of impending default judgment,
the division shall proceed to enter with such court a statement of the
default judgment containing the amount of the penalty or penalties
remaining due and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall have the
full force and effect of a default judgment duly docketed with such
court pursuant to the civil practice law and rules and shall in all
respects be governed by that chapter and may be enforced in the same
manner and with the same effect as that provided by law in respect to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
§ 2. Subdivision 3 of section 17 of the alcoholic beverage control
law, as amended by section 9 of chapter 522 of the laws of 2018, is
amended to read as follows:
3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall not exceed the sum of ten thousand
dollars as against the holder of any retail permit issued pursuant to
sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of any retail license issued pursuant to
sections fifty-three-a, fifty-four, fifty-four-a, fifty-five, fifty-
five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and eighty-one-a
of this chapter, and the sum of thirty thousand dollars as against the
holder of a license issued pursuant to sections thirty, thirty-one,
fifty-three, sixty-one-a, sixty-one-b, SIXTY-ONE-C, seventy-six, seven-
ty-six-a and seventy-eight of this chapter, provided that the civil
penalty against the holder of a wholesale license issued pursuant to
section fifty-three of this chapter shall not exceed the sum of ten
thousand dollars where that licensee violates provisions of this chapter
during the course of the sale of beer at retail to a person for consump-
A. 6277--A 3
tion at home, and the sum of one hundred thousand dollars as against the
holder of any license issued pursuant to sections fifty-one, sixty-one
and sixty-two of this chapter. Any civil penalty so imposed shall be in
addition to and separate and apart from the terms and provisions of the
bond required pursuant to section one hundred twelve of this chapter.
Provided that no appeal is pending on the imposition of such civil
penalty, in the event such civil penalty imposed by the division remains
unpaid, in whole or in part, more than forty-five days after written
demand for payment has been sent by first class mail to the address of
the licensed premises, a notice of impending default judgment shall be
sent by first class mail to the licensed premises and by first class
mail to the last known home address of the person who signed the most
recent license application. The notice of impending default judgment
shall advise the licensee: (a) that a civil penalty was imposed on the
licensee; (b) the date the penalty was imposed; (c) the amount of the
civil penalty; (d) the amount of the civil penalty that remains unpaid
as of the date of the notice; (e) the violations for which the civil
penalty was imposed; and (f) that a judgment by default will be entered
in the supreme court of the county in which the licensed premises are
located, or other court of civil jurisdiction, or any other place
provided for the entry of civil judgments within the state of New York
unless the division receives full payment of all civil penalties due
within twenty days of the date of the notice of impending default judg-
ment. If full payment shall not have been received by the division with-
in thirty days of mailing of the notice of impending default judgment,
the division shall proceed to enter with such court a statement of the
default judgment containing the amount of the penalty or penalties
remaining due and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall have the
full force and effect of a default judgment duly docketed with such
court pursuant to the civil practice law and rules and shall in all
respects be governed by that chapter and may be enforced in the same
manner and with the same effect as that provided by law in respect to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
§ 3. The alcoholic beverage control law is amended by adding a new
section 61-c to read as follows:
§ 61-C. BRAND OWNER'S LICENSE. ANY PERSON WITH A FEDERAL BASIC PERMIT
MAY APPLY TO THE LIQUOR AUTHORITY FOR A BRAND OWNER'S LICENSE. SUCH
LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO:
1. CONTRACT WITH A LICENSED MANUFACTURER OF ALCOHOLIC BEVERAGES IN
THIS STATE FOR THE PURPOSES OF MANUFACTURING SUCH PRODUCTS AS PROVIDED
IN SECTION ONE HUNDRED THREE OF THIS CHAPTER;
2. APPOINT A LICENSED WHOLESALER AUTHORIZED TO SELL AND DELIVER ALCO-
HOLIC BEVERAGES IN THIS STATE AS EXCLUSIVE BRAND AGENT FOR THE PURPOSES
OF SOLICITING, NEGOTIATING, AND RECEIVING PAYMENTS FOR THE SALE OF ALCO-
HOLIC BEVERAGES TO RETAIL LICENSEES FOR ON-PREMISES OR OFF-PREMISES
CONSUMPTION;
3. SELL SUCH ALCOHOLIC BEVERAGES TO LICENSED WHOLESALERS AUTHORIZED TO
SELL AND DELIVER ALCOHOLIC BEVERAGES IN THIS STATE APPOINTED AS EXCLU-
SIVE BRAND AGENT AND BE REMITTED PAYMENTS FOR SUCH SALES; AND
4. THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PURPOSES OF THIS SECTION.
§ 4. Section 66 of the alcoholic beverage control law is amended by
adding a new subdivision 3-b to read as follows:
A. 6277--A 4
3-B. THE ANNUAL FEE FOR A BRAND OWNER'S LICENSE SHALL BE ONE HUNDRED
TWENTY-FIVE DOLLARS.
§ 5. Section 103 of the alcoholic beverage control law is amended by
adding a new subdivision 10 to read as follows:
10. NOTHING SHALL PROHIBIT A LICENSED MANUFACTURER, IN ACCORDANCE WITH
THEIR LICENSE, FROM ENTERING INTO A CONTRACT WITH A BRAND OWNER'S LICEN-
SEE PURSUANT TO SECTION SIXTY-ONE-C OF THIS CHAPTER.
§ 6. This act shall take effect immediately; provided, however, that
the amendments to subdivision 3 of section 17 of the alcoholic beverage
control law made by section one of this act shall be subject to the
expiration and reversion of such section pursuant to section 4 of chap-
ter 118 of the laws of 2012, as amended, when upon such date section two
of this act shall take effect.