Bill Text: NY A03806 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes retail licensees for on-premises consumption to sell and/or deliver alcoholic beverages for consumption off the premises, within certain size limitations, that such licensees are currently licensed to sell.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2022-01-05 - referred to economic development [A03806 Detail]

Download: New_York-2021-A03806-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3806

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2021
                                       ___________

        Introduced  by  M. of A. CYMBROWITZ, SEAWRIGHT -- read once and referred
          to the Committee on Economic Development

        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          authorizing  retail  licensees  for  on-premises  consumption  to sell
          and/or deliver alcoholic beverages for consumption off the premises

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  3  of  section 106 of the alcoholic beverage
     2  control law, as amended by chapter 297 of the laws of 2016,  is  amended
     3  and a new subdivision 3-a is added to read as follows:
     4    3.  [No] Except as provided in subdivision three-a of this section, no
     5  retail licensee for on-premises consumption shall sell, deliver or  give
     6  away,  or cause or permit or procure to be sold, delivered or given away
     7  any liquors and/or wines for consumption off the  premises  where  sold.
     8  The  provisions of this subdivision shall not prohibit a licensed winery
     9  or farm winery from allowing a patron to leave the winery or farm winery
    10  with a partially consumed bottle of wine provided that  the  removal  of
    11  the bottle is done in accordance with subdivision four of section eight-
    12  y-one of this chapter.
    13    3-a. (a) Notwithstanding any other provision of law to the contrary, a
    14  retail  licensee  for  on-premises  consumption,  upon  approval  by the
    15  authority, may sell and/or deliver certain alcoholic beverages  contain-
    16  ing  wine,  mead, or liquor for consumption off the premises where sold.
    17  Such licensee may only sell and/or deliver for consumption off the prem-
    18  ises alcoholic beverages containing wine, mead, or liquor for which such
    19  licensee is licensed to sell for consumption on the premises.
    20    (b) A retail licensee for on-premises consumption  shall  only  permit
    21  the  sale  or  delivery of alcoholic beverages containing wine, mead, or
    22  liquor:
    23    (i) with the purchase of food;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05034-01-1
        A. 3806                             2

     1    (ii) in any closed or sealed container not to exceed five fluid ounces
     2  per container for wine or mead, thirty-two fluid  ounces  per  container
     3  for wine or mead mixed with non-alcoholic beverages, and ten fluid ounc-
     4  es per container for liquor mixed with non-alcoholic beverages, provided
     5  such  sale or delivery is consistent with municipal open container ordi-
     6  nances; and
     7    (iii) during licensed hours of operation.
     8    (c) Deliveries shall be made in:
     9    (i) a vehicle permitted by the authority; or
    10    (ii) a vehicle owned and operated by a retail licensee or its employee
    11  provided the person making the delivery  shall  have  upon  his  or  her
    12  person  while  so delivering a copy of the current license issued by the
    13  authority.
    14    (d) Nothing in this subdivision shall be  construed  to  abrogate  the
    15  ability of a retail licensee for on-premises consumption to sell beer or
    16  cider for consumption off the premises as provided for in this chapter.
    17    § 2. This act shall take effect immediately.