S T A T E O F N E W Y O R K
________________________________________________________________________
6931--B
2025-2026 Regular Sessions
I N A S S E M B L Y
March 18, 2025
___________
Introduced by M. of A. TAPIA, SHIMSKY, CRUZ, REYES -- read once and
referred to the Committee on Economic Development -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing holders of certain licenses issued by the state liquor
authority to engage in the sale or wholesale of ready-to-drink cock-
tails, and to correct certain provisions otherwise unintentionally
limiting the sale of mead and/or braggot, cider, and ready-to-drink
cocktails
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "ready-to-drink cocktail retail sales act".
§ 2. Section 3 of the alcoholic beverage control law is amended by
adding a new subdivision 23-a to read as follows:
23-A. "READY-TO-DRINK COCKTAIL" OR "RTD COCKTAIL" MEANS A BEVERAGE
CONTAINING LIQUOR WHICH IS ADDED TO CONCENTRATED OR UNCONCENTRATED
JUICE, FLAVORING MATERIAL, WATER, CITRIC ACID, SUGAR, OR CARBON DIOXIDE,
THAT CONTAINS NOT MORE THAN EIGHT AND ONE-HALF PERCENT ALCOHOL BY
VOLUME, AND THAT IS SOLD IN SINGLE SERVING CONTAINERS WITH A SIZE NO
GREATER THAN SIXTEEN OUNCES EACH.
§ 3. The alcoholic beverage control law is amended by adding a new
section 70 to read as follows:
§ 70. SALE OF READY-TO-DRINK COCKTAILS BY RETAIL LICENSEES. EACH
RETAIL LICENSEE UNDER THIS CHAPTER SHALL HAVE THE RIGHT, BY VIRTUE OF
THEIR LICENSE AND WITHOUT BEING REQUIRED TO PAY ANY ADDITIONAL FEE FOR
THE PRIVILEGE, TO SELL AT RETAIL FOR CONSUMPTION ON OR OFF THE PREMISES,
AS THE CASE MAY BE, READY-TO-DRINK COCKTAILS PURCHASED FROM A PERSON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10959-08-5
A. 6931--B 2
LICENSED TO PRODUCE OR SELL LIQUOR, WINE, OR BEER AT WHOLESALE UNDER
THIS CHAPTER.
§ 4. The section heading, paragraph f of subdivision 1, and subdivi-
sions 2, 3, 4, 5, 6, 7 and 8 of section 101-aaa of the alcoholic bever-
age control law, the section heading, paragraph f of subdivision 1 and
subdivisions 4, 5, 6, 7 and 8 as added by section 183 of part A of chap-
ter 389 of the laws of 1997, subdivision 2 as amended by chapter 745 of
the laws of 2019, and subdivision 3 as amended by chapter 499 of the
laws of 2004, are amended to read as follows:
Terms of sale; beer, MEAD AND/OR BRAGGOT, CIDER, READY-TO-DRINK COCK-
TAILS, or wine products.
f. "Retail licensee" means a person licensed pursuant to this chapter
who purchases beer, MEAD AND/OR BRAGGOT, CIDER, READY-TO-DRINK COCK-
TAILS, and/or wine products for resale for on or off premises consump-
tion, except a person licensed to sell liquor and/or wine for off prem-
ises consumption.
2. No manufacturer or wholesaler licensed under this chapter shall
sell or deliver any beer, mead AND/OR BRAGGOT, cider, READY-TO-DRINK
COCKTAILS, or wine products to any retail licensee except as provided
for in this section:
(a) for cash to be paid at the time of delivery;
(b) on terms requiring payment by such retail licensee for such beer,
mead AND/OR BRAGGOT, cider, READY-TO-DRINK COCKTAILS, or wine products
on or before the final payment date of any credit period within which
delivery is made; or
(c) by business payment card; provided that a manufacturer or whole-
saler that exercises reasonable diligence to ensure the sale comports
with the requirements of this section shall not be found to have
violated this subdivision where a retail licensee uses a credit card
other than a business payment card.
Provided, however, that the sale of READY-TO-DRINK COCKTAILS, wine
products, mead, or cider to a retail licensee by a wholesaler licensed
under section fifty-eight, sixty-two, or seventy-eight of this chapter,
or a licensed manufacturer of liquor, mead or wine or a cider producer's
license, shall be governed by the provisions of section one hundred-one-
aa of this article.
3. Each such manufacturer and wholesaler shall, on or before the
respective delinquent notice date, give written notice of default, by
first class mail, to all such licensees who have failed to make payment
to the manufacturer or wholesaler on or before their final payment date
for beer, MEAD AND/OR BRAGGOT, CIDER, READY-TO-DRINK COCKTAILS, or wine
products sold or delivered to such licensees during the previous credit
period. Any such retail licensee receiving such notice shall not there-
after purchase beer, MEAD AND/OR BRAGGOT, CIDER, READY-TO-DRINK COCK-
TAILS, or wine products except for cash until such time as the authority
determines that its name shall not be published on the delinquent list
as provided in this subdivision, or until such time as the authority
permits sales or deliveries to such licensee as provided in subdivision
five of this section. Each such manufacturer and wholesaler shall file
with the authority, on or before each notification date, copies of the
notices sent by it to all delinquent retail licensees, and in addition,
if the authority shall so require, a written list setting forth the
names and addresses of all such delinquent licensees. The authority, in
its discretion, may extend for a period not exceeding three days the
date for giving written notice of default to delinquent retail licensees
and extend for three days the date for filing with the authority the
A. 6931--B 3
copies of notices sent to such licensees and/or the written list of
delinquent retail licensees. The authority shall, as soon as practicable
after each notification date, compile, publish, and furnish each
manufacturer and wholesaler licensed under this chapter a delinquent
list containing the names and addresses of all retail licensees who have
been reported by manufacturers and wholesalers pursuant to the
provisions of this section or section one hundred one-aa of this article
as having failed to make payment as required by this section or section
one hundred one-aa of this article for beer, MEAD AND/OR BRAGGOT, CIDER,
READY-TO-DRINK COCKTAILS, or wine products sold or delivered to them,
and no such manufacturer or wholesaler, on or after the fifth day after
the receipt of such delinquent list, shall knowingly, [wilfully] WILL-
FULLY or intentionally sell or deliver any beer, MEAD AND/OR BRAGGOT,
CIDER, READY-TO-DRINK COCKTAILS, or wine products to any such licensee
whose name appears on such list, except for cash, until such time as the
name of such licensee is removed therefrom, except as otherwise permit-
ted by this section. The receipt of a delinquent list by a manufacturer
or wholesaler shall constitute knowledge of the names of the retail
licensees who have failed to make payment for beer or wine products as
required by this section. The failure of any manufacturer or wholesaler
to comply with the provisions of this section may, at the discretion of
the authority, subject the license of such manufacturer or wholesaler to
suspension for not more than five days for the first offense, and not
more than thirty days for a subsequent offense. The authority may
publish the delinquent list on its website; provided, however, that
access shall be restricted to those manufacturers and wholesalers
licensed under this chapter. Such publication shall be considered
receipt thereof by all manufacturers and wholesalers.
4. In the event that any dispute shall exist between any manufacturer
or wholesaler and a retail licensee to whom such manufacturer or whole-
saler shall have sold beer, MEAD AND/OR BRAGGOT, CIDER, READY-TO-DRINK
COCKTAILS, or wine products, either as to the fact of payment or as to
the amount due for such beer or wine products or as to the quantity of
the beer or wine products sold or delivered, which dispute cannot be
adjusted between them, the authority is authorized to receive statements
from each of the parties to such dispute as to the facts and circum-
stances thereof and to determine whether or not such retail licensee's
name should be published on the delinquent list.
5. The authority in the case of a retail licensee who has actually
made payment for beer, MEAD AND/OR BRAGGOT, CIDER, READY-TO-DRINK COCK-
TAILS, or wine products, or on good cause shown to it, may permit sales
or deliveries to any [retial] RETAIL licensee who has received notice of
default or who is named on any delinquent list, on terms other than for
cash, but within the limitations of this section, prior to the publica-
tion of the next delinquent list.
6. The license of any retail licensee who purchases or accepts deliv-
ery of beer, MEAD AND/OR BRAGGOT, CIDER, READY-TO-DRINK COCKTAILS, or
wine products on any terms, other than as provided in this section, may
be suspended for not more than five days for the first offense and not
more than thirty days for a subsequent offense. The failure of any such
retail licensee to pay any amount in default before the expiration of
the period of suspension shall be deemed and punishable as a subsequent
offense until paid. In addition, the authority may require any such
retail licensee, after default in making payment in accordance with the
provisions of this section to make payment in cash for beer, MEAD AND/OR
A. 6931--B 4
BRAGGOT, CIDER, READY-TO-DRINK COCKTAILS, or wine products subsequently
delivered.
7. Nothing contained in this section shall be construed to require any
manufacturer or wholesaler to extend credit to any retail licensee nor
to restrain any manufacturer or wholesaler from seeking to enforce by
legal action or otherwise, payment of any sum or sums of money due or
alleged to be due to any such manufacturer or wholesaler for beer, MEAD
AND/OR BRAGGOT, CIDER, READY-TO-DRINK COCKTAILS, or wine products sold
or delivered to any such retail licensee.
8. There shall be paid to the liquor authority by each person applying
after the effective date of this section for any license to sell beer,
MEAD AND/OR BRAGGOT, CIDER, READY-TO-DRINK COCKTAILS, or wine products
to retailers or upon the renewal of such license, a sum equivalent to
ten per centum of the annual license fee prescribed by this chapter for
each such licensee. Such moneys shall be used by the authority to defray
the expenses incurred in the administration of this section.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made, including by
emergency, and completed on or before such effective date.