Assembly Bill A6443

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6443
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced by M. of A. ROMERO -- read once and referred to the Committee
   on Economic Development
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   authorizing the sale of merchandise other than beer by licensed  brew-
   eries  and  licensed farm breweries and the operation of another busi-
   ness on a licensed premises

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 51 of the alcoholic beverage control law is amended
 by adding two new subdivisions 10 and 11 to read as follows:
   10.  (A)  A  LICENSED  BREWERY MAY MANUFACTURE, BOTTLE AND SELL JUICE,
 JELLIES AND PRESERVES, TONICS, SALAD DRESSINGS AND BEER  SAUCES  ON  AND
 FROM LICENSED PREMISES.
   (B)  SUCH LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO STORE AND SELL
 GIFT ITEMS IN A TAX-PAID ROOM UPON THE  LICENSED  PREMISES.  THESE  GIFT
 ITEMS SHALL BE LIMITED TO THE FOLLOWING CATEGORIES:
   (I)  NON-ALCOHOLIC  BEVERAGES  FOR  CONSUMPTION  ON  OR  OFF PREMISES,
 INCLUDING BUT NOT LIMITED TO BOTTLED WATER, JUICE AND SODA BEVERAGES.
   (II) FOOD ITEMS, WHICH MAY INCLUDE LOCALLY PRODUCED FARM PRODUCTS  AND
 ANY  FOOD  OR  FOOD  PRODUCT  NOT  SPECIFICALLY  PREPARED  FOR IMMEDIATE
 CONSUMPTION UPON THE PREMISES. THESE ITEMS MAY BE SOLD AS  SINGLE  ITEMS
 OR MAY BE COMBINED INTO A PACKAGE CONTAINING BEER OR A BEER PRODUCT.
   (III)  BEER  SUPPLIES  AND  ACCESSORIES,  WHICH SHALL INCLUDE ANY ITEM
 UTILIZED FOR THE STORAGE, SERVING OR CONSUMPTION OF BEER OR FOR  DECORA-
 TIVE  PURPOSES.  THESE  SUPPLIES  MAY  BE SOLD AS SINGLE ITEMS OR MAY BE
 COMBINED INTO A PACKAGE CONTAINING BEER OR A BEER PRODUCT.
   (IV) SOUVENIR ITEMS, WHICH  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO
 ARTWORK,  CRAFTS, CLOTHING, AGRICULTURAL PRODUCTS AND ANY OTHER ARTICLES
 WHICH CAN BE CONSTRUED TO PROPAGATE TOURISM.
   (V) BEER PRODUCED OR MANUFACTURED BY ANY OTHER NEW YORK STATE  BREWERY
 OR  FARM  BREWERY  LICENSEE.  SUCH BEER MAY BE PURCHASED OUTRIGHT BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09493-01-5
              

 A. 6443                             2
 
 LICENSEE FROM A NEW YORK STATE  BREWERY  OR  FARM  BREWERY  LICENSEE  OR
 OBTAINED  ON A CONSIGNMENT BASIS PURSUANT TO A WRITTEN AGREEMENT BETWEEN
 THE SELLING AND PURCHASING LICENSEE.
   (C)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY BREWERY
 LICENSEE MAY CHARGE:
   (I) FOR TOURS OF ITS PREMISES; AND
   (II) FOR ANY BEER TASTINGS.
   (D) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES  AND  REGU-
 LATIONS TO EFFECTUATE THE PURPOSES OF THIS SUBDIVISION.
   11.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, ANOTHER
 BUSINESS OR OTHER BUSINESSES MAY OPERATE ON THE LICENSED PREMISES  OF  A
 BREWERY  SUBJECT  TO  SUCH RULES AND REGULATIONS AS THE LIQUOR AUTHORITY
 MAY PRESCRIBE. SUCH RULES AND REGULATIONS SHALL  DETERMINE  WHICH  BUSI-
 NESSES  WILL  BE COMPATIBLE WITH THE POLICY AND PURPOSES OF THIS CHAPTER
 AND SHALL CONSIDER THE EFFECT OF PARTICULAR BUSINESSES ON THE  COMMUNITY
 AND  AREA IN THE VICINITY OF THE BREWERY PREMISES, PROVIDED HOWEVER THAT
 A RETAILER BUSINESS LICENSED UNDER THIS CHAPTER SHALL NOT  BE  PERMITTED
 TO OPERATE AT A LICENSED MANUFACTURING PREMISES.
   §  2. Section 51-a of the alcoholic beverage control law is amended by
 adding two new subdivisions 17 and 18 to read as follows:
   17. (A) A LICENSED FARM  BREWERY  MAY  MANUFACTURE,  BOTTLE  AND  SELL
 JUICE, JELLIES AND PRESERVES, TONICS, SALAD DRESSINGS AND BEER SAUCES ON
 AND FROM LICENSED PREMISES.
   (B)  SUCH LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO STORE AND SELL
 GIFT ITEMS IN A TAX-PAID ROOM UPON THE  LICENSED  PREMISES.  THESE  GIFT
 ITEMS SHALL BE LIMITED TO THE FOLLOWING CATEGORIES:
   (I)  NON-ALCOHOLIC  BEVERAGES  FOR  CONSUMPTION  ON  OR  OFF PREMISES,
 INCLUDING BUT NOT LIMITED TO BOTTLED WATER, JUICE AND SODA BEVERAGES.
   (II) FOOD ITEMS, WHICH MAY INCLUDE LOCALLY PRODUCED FARM PRODUCTS  AND
 ANY  FOOD  OR  FOOD  PRODUCT  NOT  SPECIFICALLY  PREPARED  FOR IMMEDIATE
 CONSUMPTION UPON THE PREMISES. THESE ITEMS MAY BE SOLD AS  SINGLE  ITEMS
 OR MAY BE COMBINED INTO A PACKAGE CONTAINING BEER OR A BEER PRODUCT.
   (III)  BEER  SUPPLIES  AND  ACCESSORIES,  WHICH SHALL INCLUDE ANY ITEM
 UTILIZED FOR THE STORAGE, SERVING OR CONSUMPTION OF BEER OR FOR  DECORA-
 TIVE  PURPOSES.  THESE  SUPPLIES  MAY  BE SOLD AS SINGLE ITEMS OR MAY BE
 COMBINED INTO A PACKAGE CONTAINING BEER OR A BEER PRODUCT.
   (IV) SOUVENIR ITEMS, WHICH  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO
 ARTWORK,  CRAFTS, CLOTHING, AGRICULTURAL PRODUCTS AND ANY OTHER ARTICLES
 WHICH CAN BE CONSTRUED TO PROPAGATE TOURISM.
   (V) BEER PRODUCED OR MANUFACTURED BY ANY OTHER NEW YORK STATE  BREWERY
 OR  FARM  BREWERY  LICENSEE.  SUCH BEER MAY BE PURCHASED OUTRIGHT BY THE
 LICENSEE FROM A NEW YORK STATE  BREWERY  OR  FARM  BREWERY  LICENSEE  OR
 OBTAINED  ON A CONSIGNMENT BASIS PURSUANT TO A WRITTEN AGREEMENT BETWEEN
 THE SELLING AND PURCHASING LICENSEE.
   (C) NOTWITHSTANDING ANY PROVISION OF LAW TO  THE  CONTRARY,  ANY  FARM
 BREWERY LICENSEE MAY CHARGE:
   (I) FOR TOURS OF ITS PREMISES; AND
   (II) FOR ANY BEER TASTINGS.
   (D)  THE  AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS TO EFFECTUATE THE PURPOSES OF THIS SUBDIVISION.
   18. NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  ANOTHER
 BUSINESS  OR  OTHER BUSINESSES MAY OPERATE ON THE LICENSED PREMISES OF A
 FARM BREWERY SUBJECT TO SUCH RULES AND REGULATIONS AS THE LIQUOR AUTHOR-
 ITY MAY PRESCRIBE. SUCH RULES  AND  REGULATIONS  SHALL  DETERMINE  WHICH
 BUSINESSES WILL BE COMPATIBLE WITH THE POLICY AND PURPOSES OF THIS CHAP-
 TER AND SHALL CONSIDER THE EFFECT OF PARTICULAR BUSINESSES ON THE COMMU-
 A. 6443                             3
 
 NITY  AND  AREA  IN  THE VICINITY OF THE FARM BREWERY PREMISES, PROVIDED
 HOWEVER THAT A RETAILER BUSINESS LICENSED UNDER THIS CHAPTER  SHALL  NOT
 BE PERMITTED TO OPERATE AT A LICENSED MANUFACTURING PREMISES.
   § 3. This act shall take effect immediately.