Assembly Bill A9284

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9284
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 21, 2025
                                ___________
 
 Introduced  by M. of A. SEPTIMO -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   applications for licenses to sell liquor and wine at grocery stores
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 63 of the alcoholic beverage control law is amended
 by adding a new subdivision 5-a to read as follows:
   5-A. NOTWITHSTANDING SUBDIVISIONS FOUR AND FIVE OF THIS  SECTION,  ANY
 PERSON MAY MAKE AN APPLICATION FOR A LICENSE TO SELL LIQUOR AT A GROCERY
 STORE.
   §  2.  Section  79 of the alcoholic beverage control law is amended by
 adding a new subdivision 5 to read as follows:
   5. NOTWITHSTANDING SUBDIVISIONS TWO AND THREE  OF  THIS  SECTION,  ANY
 PERSON  MAY  MAKE AN APPLICATION FOR A LICENSE TO SELL WINE AT A GROCERY
 STORE.
   § 3. Paragraph (a) of subdivision 3 and subdivision 16 of section  105
 of the alcoholic beverage control law, paragraph (a) of subdivision 3 as
 amended by chapter 406 of the laws of 2007 and subdivision 16 as amended
 by chapter 621 of the laws of 1944, are amended to read as follows:
   (a)  No  retail  license  to  sell liquor and/or wine for off-premises
 consumption shall be granted for any premises which shall be located  on
 the  same  street  or  avenue, and within two hundred feet of a building
 occupied exclusively as a school, church, synagogue or  other  place  of
 worship; the measurements to be taken in a straight line from the center
 of  the  nearest  entrance to the building used for such school, church,
 synagogue or other place  of  worship  to  the  center  of  the  nearest
 entrance  of  the  premises  to  be  licensed;  except, however, that no
 license shall be denied to any premises at which a  license  under  this
 chapter has been in existence continuously from a date prior to the date
 when a building on the same street or avenue and within two hundred feet
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14103-01-5
              

 A. 9284                             2
 
 of  said  premises  has  been  occupied exclusively as a school, church,
 synagogue or other place of worship. NOTWITHSTANDING ANY  PROVISIONS  OF
 THIS  SUBDIVISION  TO THE CONTRARY, SUCH RESTRICTIONS SHALL NOT APPLY TO
 ANY  GROCERY STORES WITH A VALID WHOLESALER'S LICENSE ISSUED PURSUANT TO
 SECTION FIFTY-THREE OF THIS CHAPTER IN OPERATION PRIOR TO JANUARY FIRST,
 TWO THOUSAND TWENTY-FIVE.
   16. No retail licensee to sell liquors and/or wines  for  off-premises
 consumption shall be interested, directly or indirectly, in any premises
 where  liquors,  wines  or beer are manufactured or sold at wholesale or
 any other premises where liquor or wine is sold at retail for  off-prem-
 ises  consumption,  by stock ownership, interlocking directors, mortgage
 or lien on any  personal  or  real  property  or  by  any  other  means;
 PROVIDED,  HOWEVER,  THAT  NOTHING  IN THIS SUBDIVISION SHALL APPLY TO A
 RETAIL LICENSE TO SELL LIQUORS AND/OR WINES FOR OFF-PREMISES CONSUMPTION
 AT A GROCERY STORE. Any lien, mortgage  or  other  interest  or  estate,
 however, now held by such retailer on or in the personal or real proper-
 ty of such manufacturer or wholesaler, which mortgage, lien, interest or
 estate was acquired on or before December thirty-first, nineteen hundred
 thirty-two, shall not be included within the provisions of this subdivi-
 sion;  provided,  however,  the  burden  of establishing the time of the
 accrual of the interest comprehended by this subdivision, shall be  upon
 the  person  who  claims  to be entitled to the protection and exemption
 afforded hereby.
   § 4. This act shall take effect January 1, 2026.