Senate Bill S9291

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9291
 
                             I N  S E N A T E
 
                             February 25, 2026
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN ACT to amend the alcoholic beverage control law, in relation to seven
   day  licenses  to  sell liquor at retail for consumption off the prem-
   ises; and to amend the state finance law, in relation to  establishing
   the  New  York  distilled  spirits  and  wine  industry  marketing and
   promotion fund; and to repeal  certain  provisions  of  the  alcoholic
   beverage control law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Subdivision 6 of section 63  of  the  alcoholic  beverage
 control law is REPEALED.
   § 2. Subdivision 5 of section 63 of the alcoholic beverage control law
 is amended to read as follows:
   5.  [Not]  PRIOR  TO  JANUARY FIRST, TWO THOUSAND TWENTY-SIX, NOT more
 than one license shall be granted to  any  person  under  this  section.
 BEGINNING  ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX, A PERSON
 MAY BE GRANTED NOT MORE THAN TWO ADDITIONAL SEVEN DAY LICENSES.
   § 3. Subdivision 5 of section 66 of  the  alcoholic  beverage  control
 law,  as  amended  by  section  3 of part Z of chapter 85 of the laws of
 2002, is amended to read as follows:
   5. The annual fee for [a] EACH license to sell liquor at retail not to
 be consumed on the premises where sold shall be thirteen hundred  sixty-
 six  dollars in the counties of New York, Kings, Bronx and Queens; eight
 hundred fifty-four dollars in the  county  of  Richmond  and  in  cities
 having  a population of more than one hundred thousand and less than one
 million; and elsewhere the sum of five hundred twelve dollars.
   § 4. Subdivision 16 of section 105 of the alcoholic  beverage  control
 law,  as  amended by chapter 621 of the laws of 1944, is amended to read
 as follows:
   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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14802-01-6
 S. 9291                             2
 
 EXCEPT AS SET FORTH IN SECTION SIXTY-THREE OF THIS  CHAPTER,  any  other
 premises  where  liquor  or  wine  is  sold  at  retail for off-premises
 consumption, by stock ownership,  interlocking  directors,  mortgage  or
 lien  on any personal or real property or by any other means.  Any lien,
 mortgage or other interest or estate, however, now held by such retailer
 on or in the personal or real property of such  manufacturer  or  whole-
 saler,  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 subdivision; 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.
   § 5. The state finance law is amended by adding a new section 97-bbbbb
 to read as follows:
   § 97-BBBBB. NEW YORK DISTILLED SPIRITS AND WINE INDUSTRY MARKETING AND
 PROMOTION  FUND.  1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF
 THE COMMISSIONER OF TAXATION AND FINANCE AND  THE  STATE  COMPTROLLER  A
 SPECIAL  FUND  TO  BE  KNOWN AS THE "NEW YORK DISTILLED SPIRITS AND WINE
 INDUSTRY MARKETING FUND". AS USED IN THIS SECTION, THE TERM  "THE  FUND"
 SHALL  MEAN  THE  NEW YORK DISTILLED SPIRITS AND WINE INDUSTRY MARKETING
 FUND ESTABLISHED PURSUANT TO THIS SECTION.
   2. (A) THE FUND SHALL CONSIST OF TWENTY-FIVE PERCENT OF  ALL  REVENUES
 RECEIVED  PURSUANT TO SUBDIVISION FIVE OF SECTION SIXTY-SIX OF THE ALCO-
 HOLIC BEVERAGE CONTROL LAW, AND ALL OTHER MONEY  APPROPRIATED,  CREDITED
 OR  TRANSFERRED  THERETO  FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
 NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING
 GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE  FUND  AND  DEPOSITING
 THEM INTO THE FUND ACCORDING TO LAW.
   (B)  ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
 SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
 ER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE, AND CHAIR  OF
 THE  ASSEMBLY  WAYS  AND  MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED
 INTO THE FUND DURING THE PRECEDING CALENDAR YEAR AS THE RESULT OF REVEN-
 UE DERIVED PURSUANT TO SUBDIVISION FIVE  OF  SECTION  SIXTY-SIX  OF  THE
 ALCOHOLIC BEVERAGE CONTROL LAW AND FROM GRANTS, GIFTS AND BEQUESTS.
   (C) ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
 OF  ECONOMIC DEVELOPMENT SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY
 PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR  OF  THE  SENATE
 FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR
 OF  THE SENATE INVESTIGATIONS AND GOVERNMENT OPERATIONS COMMITTEE, CHAIR
 OF THE SENATE AGRICULTURE  COMMITTEE,  CHAIR  OF  THE  SENATE  COMMERCE,
 ECONOMIC DEVELOPMENT AND SMALL BUSINESS COMMITTEE, CHAIR OF THE ASSEMBLY
 ECONOMIC  DEVELOPMENT,  JOB  CREATION,  COMMERCE AND INDUSTRY COMMITTEE,
 CHAIR OF THE ASSEMBLY AGRICULTURE COMMITTEE, THE STATE COMPTROLLER,  AND
 THE  PUBLIC.   SUCH REPORT SHALL INCLUDE HOW THE MONEYS OF THE FUND WERE
 UTILIZED DURING THE PRECEDING CALENDAR YEAR INCLUDING  EXPENDITURES  FOR
 ALL PROMOTIONAL AND MARKETING ACTIVITY.
   3.  MONEYS  FOR  THE FUND SHALL BE EXPENDED ONLY FOR THE MARKETING AND
 PROMOTIONAL CAMPAIGNS AND EDUCATION  PROJECTS  ON  BEHALF  OF  NEW  YORK
 PRODUCED DISTILLED SPIRITS AND WINE THAT ARE APPROVED BY THE COMMISSION-
 ER OF ECONOMIC DEVELOPMENT.
   4.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF ECONOMIC DEVELOPMENT.
 S. 9291                             3
 
   5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF ECONOMIC DEVELOPMENT
 SHALL  ENSURE  THAT ALL MONEYS RECEIVED BY THE FUND DURING A FISCAL YEAR
 ARE EXPENDED PRIOR TO THE END OF THE FISCAL YEAR.
   §  6. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.