S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8205--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2025
                                ___________
 
 Introduced  by  M.  of  A.  TAGUE,  DeSTEFANO,  SMULLEN -- read once and
   referred  to  the  Committee  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 grocery store wine licenses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 3 and 5 of section 75 of the alcoholic bever-
 age control law, subdivision 3 as amended by section  4  of  part  K  of
 chapter 60 of the laws of 2004 and subdivision 5 as added by chapter 355
 of  the  laws  of  2013, are amended and a new subdivision 6 is added to
 read as follows:
   3. Seven day license to sell wine at retail for  consumption  off  the
 premises subject to paragraph (a) of subdivision fourteen of section one
 hundred five of this chapter[.];
   5. Roadside farm market license[.];
   6. GROCERY STORE WINE LICENSE.
   §  2.  The  alcoholic  beverage control law is amended by adding a new
 section 79-e to read as follows:
   § 79-E. GROCERY STORE WINE LICENSE. 1. ANY PERSON  MAY  APPLY  TO  THE
 AUTHORITY  FOR  A  GROCERY  STORE  WINE  LICENSE AS PROVIDED FOR IN THIS
 SECTION TO SELL FROM THE LICENSED PREMISES WINE  PRODUCED  IN  NEW  YORK
 STATE  OR PRODUCED FROM INGREDIENTS GROWN OR PRODUCED IN NEW YORK STATE,
 IN SEALED CONTAINERS FOR CONSUMPTION OFF SUCH PREMISES.
   2. A GROCERY STORE WINE LICENSE SHALL PERMIT THE LICENSEE TO SELL ONLY
 WINE PRODUCED IN NEW YORK STATE OR PRODUCED FROM  INGREDIENTS  GROWN  OR
 PRODUCED IN NEW YORK STATE.
   3.  NO  SUCH  LICENSE  SHALL BE ISSUED, HOWEVER, TO ANY PERSON FOR ANY
 PREMISES OTHER THAN A GROCERY STORE, AS DEFINED IN SUBDIVISION  THIRTEEN
 OF SECTION THREE OF THIS CHAPTER.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11402-03-5
              

 A. 8205--A                          2
 
   4. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, EXCEPT FOR
 GOOD CAUSE SHOWN, THE AUTHORITY SHALL ISSUE A GROCERY STORE WINE LICENSE
 TO  THE  HOLDER  OF A LICENSE TO SELL BEER AT RETAIL FOR CONSUMPTION OFF
 THE PREMISES PURSUANT TO SECTION FIFTY-FOUR OF THIS CHAPTER, OR BEER AND
 WINE  PRODUCTS  AT  RETAIL  FOR CONSUMPTION OFF THE PREMISES PURSUANT TO
 SECTION FIFTY-FOUR-A OF THIS CHAPTER, OR TO THE HOLDER OF A  WHOLESALERS
 LICENSE  ISSUED  PURSUANT TO SECTION FIFTY-THREE OF THIS CHAPTER, AT THE
 REQUEST OF SUCH LICENSEE AND THEREAFTER RENEWED  OR  TRANSFERRED,  WHICH
 AUTHORIZES  THE  HOLDER  THEREOF  TO SELL BEER AT RETAIL TO A PERSON FOR
 CONSUMPTION IN THEIR HOME.
   (B) FOR THE PURPOSES OF THIS SECTION,  THE  PREMISES  OF  THE  GROCERY
 STORE  WINE  LICENSEE  SHALL  BE THE SAME AS THE PREMISES LICENSED UNDER
 SECTION FIFTY-FOUR OR FIFTY-FOUR-A OF THIS CHAPTER.
   (C) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY  LICENSE
 ISSUED PURSUANT TO THIS SECTION SHALL RUN CONCURRENTLY WITH THE UNDERLY-
 ING  LICENSE  UNDER  SECTION FIFTY-FOUR OR FIFTY-FOUR-A OF THIS CHAPTER,
 AND SHALL BE DEEMED EXPIRED AT  SUCH  TIME  AS  THE  UNDERLYING  LICENSE
 EXPIRES.
   (D) ANY PERSON LICENSED TO SELL WINE PURSUANT TO THIS ARTICLE SHALL BE
 PERMITTED  TO  CONDUCT  WINE TASTINGS. WINE TASTINGS WHICH ARE CONDUCTED
 UNDER THE AUSPICES OF AN OFFICIAL AGENT OF A FARM WINERY, WINERY, WHOLE-
 SALER, OR IMPORTER AND WHERE SUCH AGENT IS  PHYSICALLY  PRESENT  AT  ALL
 TIMES  DURING  THE  CONDUCT  OF  THE  TASTING,  THEN, IN THAT EVENT, ANY
 LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A WINE  TASTING
 AS  AUTHORIZED  PURSUANT  TO  THIS  SECTION,  AND IN ACCORDANCE WITH THE
 PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW,
 SHALL ACCRUE TO THE FARM WINERY, WINERY, WHOLESALER, OR IMPORTER.
   5. SUCH APPLICATION SHALL BE IN  SUCH  FORM  AND  SHALL  CONTAIN  SUCH
 INFORMATION AS SHALL BE REQUIRED BY THE RULES OF THE AUTHORITY AND SHALL
 BE  ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY THIS ARTI-
 CLE FOR SUCH LICENSE.
   6. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS  CHAPTER,  ANY  PERSON
 RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE
 PROVISIONS  OF SUBDIVISION TWO, THREE OR FOUR OF SECTION SEVENTY-NINE OF
 THIS ARTICLE.
   7. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS  CHAPTER,  ANY  PERSON
 RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE
 PROVISIONS  OF  PARAGRAPH (A) OF SUBDIVISION THREE AND SUBDIVISION FOUR-
 TEEN OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
   8. (A) A ONE-TIME FRANCHISE FEE SHALL BE PAID FOR BY EACH LICENSEE  TO
 THE  STATE  LIQUOR  AUTHORITY. THIS FRANCHISE FEE IS HEREBY IMPOSED AT A
 RATE OF TEN THOUSAND DOLLARS.
   (B) NO LICENSE SHALL BE ISSUED PURSUANT  TO  THIS  SECTION  UNTIL  THE
 FRANCHISE  FEE  OR  ESTIMATED FRANCHISE FEE REQUIRED BY PARAGRAPH (A) OF
 THIS SUBDIVISION HAS BEEN PAID IN FULL.
   (C) THE FRANCHISE FEE SHALL BE DEPOSITED AND DISPOSED OF IN  THE  SAME
 MANNER AS ANY LICENSE FEE AS PROVIDED IN SECTION ONE HUNDRED TWENTY-FIVE
 OF THIS CHAPTER.
   9.  ANY PERSON LICENSED TO SELL WINE AT RETAIL FOR CONSUMPTION OFF THE
 PREMISES UNDER SECTION SEVENTY-NINE OF THIS  ARTICLE  IS  AUTHORIZED  TO
 SELL  WINE  TO PERSONS LICENSED TO SELL WINE UNDER THIS ARTICLE AND THIS
 SECTION WHO OPERATE THE PREMISES OF THE GROCERY STORE WINE LICENSEE.
   10. THE STATE LIQUOR AUTHORITY MAY MAKE SUCH RULES AS IT DEEMS  NECES-
 SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   §  3.  Section  83 of the alcoholic beverage control law is amended by
 adding a new subdivision 10 to read as follows:
 A. 8205--A                          3
 
   10. THE ANNUAL FEE FOR  A  GROCERY  STORE  WINE  LICENSE  PURSUANT  TO
 SECTION  SEVENTY-NINE-E  OF  THIS ARTICLE SHALL BE AT A RATE OF ONE-HALF
 (0.5) PERCENT OF SALES OF WINE SOLD.
   §  4. Subdivision 2-a of section 100 of the alcoholic beverage control
 law, as amended by chapter 249 of the laws of 2002, is amended  to  read
 as follows:
   2-a.  No  retailer  shall  employ,  or permit to be employed, or shall
 suffer to work, on any premises licensed for retail sale hereunder,  any
 person under the age of eighteen years[, as a hostess, waitress, waiter,
 or]  in  any [other] capacity where the duties of such person require or
 permit such person to sell,  dispense  or  handle  alcoholic  beverages;
 except that: (1) any person under the age of eighteen years and employed
 by  any  person  holding  a  grocery or drug store beer license shall be
 permitted to handle and deliver beer and wine products for  such  licen-
 see, (2) any person under the age of eighteen employed as a cashier by a
 person  holding  a grocery or drug store beer license shall be permitted
 to record and receive payment for beer and wine product  sales  when  in
 the  presence  of  and under the direct supervision of a person eighteen
 years of age or over, (2-a) any person under the age of  eighteen  years
 and  employed  by  a  person  holding a grocery store or drug store beer
 license as either a cashier or in any other position to  which  handling
 of  containers  which  may  have  held alcoholic beverages is necessary,
 shall be permitted to handle the containers if such have been  presented
 for redemption in accordance with the provisions of title ten of article
 twenty-seven of the environmental conservation law, [and] (3) any person
 under  the  age  of  eighteen years employed as a dishwasher, busboy, or
 other such position as to which handling of containers  which  may  have
 held  alcoholic beverages is necessary shall be permitted to do so under
 the direct supervision of a person of legal age  to  purchase  alcoholic
 beverages  in  the state, (4) ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS
 AND EMPLOYED BY ANY PERSON HOLDING A GROCERY STORE WINE LICENSE SHALL BE
 PERMITTED TO HANDLE AND DELIVER WINE FOR  SUCH  LICENSEE,  AND  (5)  ANY
 PERSON UNDER THE AGE OF EIGHTEEN EMPLOYED AS A CASHIER BY A PERSON HOLD-
 ING  A  GROCERY  STORE  WINE  LICENSE  SHALL  BE PERMITTED TO RECORD AND
 RECEIVE PAYMENT FOR WINE WHEN IN THE PRESENCE OF AND  UNDER  THE  DIRECT
 SUPERVISION OF A PERSON EIGHTEEN YEARS OF AGE OR OVER.
   § 5. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
 control  law, as amended by chapter 458 of the laws of 1993, are amended
 to read as follows:
   3-a. No licensee or permittee shall purchase or agree to purchase  any
 alcoholic  beverages  from  any  person within the state who is not duly
 licensed to sell such alcoholic beverage as the case may be, at the time
 of such agreement and sale nor give any order for any alcoholic beverage
 to any individual who is not the holder of a solicitor's permit,  except
 as  provided for in section eighty-five [or], ninety-nine-g, OR SEVENTY-
 NINE-E of this chapter.
   3-b. No retail licensee shall purchase, agree to purchase  or  receive
 any  alcoholic  beverage  except  from a person duly licensed within the
 state by the liquor authority to sell such  alcoholic  beverage  at  the
 time  of  such  agreement  and  sale  to such retail licensee, except as
 provided for in section eighty-five  [or],  ninety-nine-g,  OR  SEVENTY-
 NINE-E of this chapter.
   § 6. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 A. 8205--A                          4
 
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 7. This act shall take effect immediately.