Senate Bill S3075

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3075
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the alcoholic beverage control law, in relation  to  the
   sale  of  private-label liquor at retail for consumption off the prem-
   ises

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The alcoholic beverage control law is amended by adding a
 new section 106-c to read as follows:
   § 106-C. SALE OF PRIVATE-LABEL LIQUOR AT RETAIL  FOR  CONSUMPTION  OFF
 THE  PREMISES.  1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PRIVATE-LABEL  LIQUOR"  MEANS  LIQUOR  DISTILLED  BY  A  LICENSED
 DISTILLER AND BOTTLED BY A BOTTLER IN CONTAINERS BEARING A BRAND NAME OR
 TRADEMARK  FOR  SALE AT RETAIL DIRECTLY BY THE OWNER OR LICENSEE OF SUCH
 BRAND NAME OR TRADEMARK, OR THROUGH RETAIL DEALERS AFFILIATED WITH  SUCH
 OWNER OR LICENSEE BY A COOPERATIVE OR FRANCHISE AGREEMENT.
   (B)  "HOLDER  OF A LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON
 THE PREMISES" SHALL MEAN ANY PERSON OR ENTITY HOLDING  A  VALID  LICENSE
 ISSUED  UNDER  SECTION SIXTY-FOUR OF THIS CHAPTER PERMITTING THE SALE OF
 ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT A RESTAURANT.
   (C) "LICENSED DISTILLER" SHALL MEAN ANY PERSON  OR  ENTITY  HOLDING  A
 VALID  LICENSE  TO  PRODUCE  DISTILLED  SPIRITS IN NEW YORK STATE ISSUED
 UNDER SECTION SIXTY-ONE OF THIS CHAPTER.
   2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,  A  HOLDER
 OF  A  LICENSE  TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES
 MAY SELL BOTTLES OF PRIVATE-LABEL  LIQUOR  AT  RETAIL  FOR  OFF-PREMISES
 CONSUMPTION PROVIDED THAT SUCH PRIVATE-LABEL LIQUOR IS:
   (I)  DISTILLED  WITHIN  THE  BORDERS  OF  THE  STATE  OF NEW YORK BY A
 LICENSED DISTILLER; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07295-01-5
              

 S. 3075                             2
 
   (II) NOT SOLD IN EXCESS OF A VOLUME OF SEVENTY-FIVE  THOUSAND  GALLONS
 PER YEAR.
   (B)  THE  SALE OF PRIVATE-LABEL LIQUOR UNDER THIS SUBDIVISION SHALL BE
 CONDUCTED  IN  ACCORDANCE  WITH  ALL  APPLICABLE  LAWS  AND  REGULATIONS
 PERTAINING TO THE SALE OF ALCOHOLIC BEVERAGES, INCLUDING BUT NOT LIMITED
 TO THE REQUIREMENT THAT SUCH SALES OCCUR ONLY DURING HOURS WHEN THE SALE
 OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION IS PERMITTED.
   (C)  THE LABEL OF THE PRIVATE-LABEL LIQUOR SHALL CLEARLY INDICATE THAT
 THE PRODUCT IS PRODUCED BY A LICENSED DISTILLER.
   (D) THE TOTAL ANNUAL SALES VOLUME OF PRIVATE-LABEL LIQUORS AS  ALLOWED
 UNDER THIS SECTION BY A HOLDER OF A LICENSE TO SELL LIQUOR AT RETAIL FOR
 CONSUMPTION  ON  THE  PREMISES SHALL BE REPORTED TO THE LIQUOR AUTHORITY
 ANNUALLY BY SUCH HOLDER OF A  LICENSE  TO  SELL  LIQUOR  AT  RETAIL  FOR
 CONSUMPTION ON THE PREMISES.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.