BILL NUMBER: S8282

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law and the agriculture
and markets law, in relation to authorizing retail licensees of liquor
and/or wine for off-premises consumption to apply for licensure as a
retail food store

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would authorize retail licensees of liquor and/or wine
for off-premises consumption to apply for a licensure as a retail food
store.

 
SUMMARY OF PROVISIONS:

Section 1: Allows retail licensees authorized to sell liquor and/or wine
for off-premises consumption to apply for a license as a retail food
store. Such applications shall be processed in the same manner as those
for retail food stores, food service establishments, or food warehouses
              

licensures under New York States Agriculture and Markets Law.

Section 2: The New York State Department of Agriculture and Markets is
authorized to accept applications from retail licensees of liquor and/or
wine for off-premise consumption for a retail food store license in
accordance with provisions in the alcoholic beverage control law.

Section 3: This act shall take effect on the sixtieth 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 and completed
on or before such date.

 
JUSTIFICATION:

This legislation is intended to support local liquor stores by granting
them the opportunity to diversify their offerings and enhance their
economic viability. By enabling these businesses to apply for and obtain
a retail food store license, the legislation allows them to sell comple-
mentary food and beverages within their stores, such as meats, cheeses,
prepared foods, tonic water, soda, and snacks that pair with wine and
liquors, while offering convenience to patrons.

This bill is introduced in direct response to ongoing efforts in New
York State to pass legislation that would allow the sale of wine in
grocery stores. If such a measure were enacted, it would pose a signif-
icant threat to the survival of independent liquor stores across the
state. Large grocery chains, with their established customer bases and
expansive shelf space, would quickly absorb the wine market share,
making it extremely difficult for small, locally owned liquor stores to
compete. Many of these,family-run businesses, some of which have served
their communities for generations, could be forced to shut their doors.

Allowing liquor and wine retailers to engage in the sale of complementa-
ry food and beverage items will help level the playing field and give
these businesses a fighting chance. This approach promotes small busi-
ness growth, improves customer experience and convenience, and fosters
stronger local economies. Moreover, it aligns with the evolving consumer
expectation for one-stop shopping and enhances the competitiveness of
smaller retailers against larger, multi-purpose vendors.

Importantly, this legislation maintains existing regulatory oversight by
requiring retail liquor and wine licensees to follow the same procedures
and standards outlined in Section 500 of the Agriculture and Markets Law
when applying for a retail food store license.

In sum, this bill removes decades-old barriers that are unfair and
unjust to these small businesses, and it provides a responsible and
practical expansion of retail opportunities for off-premises liquor and
wine licensees. It helps safeguard local businesses against potentially
devastating policy changes, while preserving regulatory integrity and
supporting local economic development across New York State.

 
PRIOR LEGISLATIVE HISTORY:

2025; New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
Immediately