Bill Text: NY A04381 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to allowing bed and breakfasts to sell cider, liquor, beer and wine on the licensed premises.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to economic development [A04381 Detail]

Download: New_York-2023-A04381-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4381

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

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

        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          allowing bed and breakfasts to sell cider, liquor, beer and wine

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

     1    Section 1. Subdivision 4 of  section  51  of  the  alcoholic  beverage
     2  control  law,  as amended by chapter 431 of the laws of 2014, is amended
     3  to read as follows:
     4    4. A licensed brewery may operate a restaurant, a hotel, an establish-
     5  ment designated and commonly known and operated as a bed and  breakfast,
     6  a catering establishment, or other food and drinking establishment in or
     7  adjacent  to the licensed premises and sell at such place, at retail for
     8  consumption on the premises, beer manufactured by the licensee  and  any
     9  New York state labeled beer. All of the provisions of this chapter rela-
    10  tive  to licenses to sell beer at retail for consumption on the premises
    11  shall apply so far as applicable to such licensee.  Notwithstanding  any
    12  other  provision  of  law,  the  licensed brewer may apply to the liquor
    13  authority for a license to sell beer,  wine  or  liquor  at  retail  for
    14  consumption on the premises at such establishment. All of the provisions
    15  of  this  chapter  relative  to licenses to sell beer, wine or liquor at
    16  retail for consumption on the premises shall apply so far as  applicable
    17  to such application.
    18    §  2.  Paragraph (g) of subdivision 2 of section 51-a of the alcoholic
    19  beverage control law, as amended by chapter 522 of the laws of 2018,  is
    20  amended to read as follows:
    21    (g)  operate  a  restaurant,  a hotel, an establishment designated and
    22  commonly known and operated as a bed and breakfast,  a  catering  estab-
    23  lishment, or other food and drinking establishment in or adjacent to the
    24  licensed  premises  and sell at such place, at retail for consumption on
    25  the premises, beer, cider, and braggot manufactured by the licensee  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07006-01-3

        A. 4381                             2

     1  any  New  York state labeled beer, New York state labeled braggot or New
     2  York state labeled cider. All of the provisions of this chapter relative
     3  to licenses to sell beer, cider, and braggot at retail  for  consumption
     4  on  and off the premises shall apply so far as applicable to such licen-
     5  see.   Notwithstanding any other provision of  law,  the  licensed  farm
     6  brewery  may  apply to the authority for a license under this chapter to
     7  sell other alcoholic beverages at retail for consumption on the premises
     8  at such establishment;
     9    § 3. Subparagraph (ii) of paragraph (f) of subdivision  2  of  section
    10  58-c of the alcoholic beverage control law, as amended by chapter 431 of
    11  the laws of 2014, is amended to read as follows:
    12    (ii)  operate  a  restaurant, a hotel, an establishment designated and
    13  commonly known and operated as a bed and breakfast,  a  catering  estab-
    14  lishment, or other food and drinking establishment in or adjacent to the
    15  licensed  premises  and sell at such place, at retail for consumption on
    16  the premises, cider manufactured by the licensee and any New York  state
    17  labeled  cider. All of the provisions of this chapter relative to licen-
    18  sees to selling cider at retail shall apply. Notwithstanding  any  other
    19  provision  of  law,  the licensed farm cidery may apply to the authority
    20  for a license under this chapter to sell other  alcoholic  beverages  at
    21  retail for consumption on the premises at such establishment;
    22    §  4. Subparagraph (ii) of paragraph (e) of subdivision 2-c of section
    23  61 of the alcoholic beverage control law, as amended by chapter  431  of
    24  the laws of 2014, is amended to read as follows:
    25    (ii)  operate  a  restaurant, a hotel, an establishment designated and
    26  commonly known and operated as a bed and breakfast,  a  catering  estab-
    27  lishment, or other food and drinking establishment in or adjacent to the
    28  licensed  premises  and sell at such place, at retail for consumption on
    29  the premises, liquor manufactured by the licensee and any New York state
    30  labeled liquor. All of  the  provisions  of  this  chapter  relative  to
    31  licenses  to sell liquor at retail for consumption on the premises shall
    32  apply so far as applicable to such licensee. Notwithstanding  any  other
    33  provision  of law, the licensee may apply to the authority for a license
    34  under this chapter to sell  other  alcoholic  beverages  at  retail  for
    35  consumption on the premises at such establishment.
    36    §  5.  Subdivision 5-a of section 64 of the alcoholic beverage control
    37  law, as added by chapter 480 of the laws of 2003, is amended to read  as
    38  follows:
    39    5-a.  Notwithstanding  the  provisions  of  subdivision  five  of this
    40  section, a liquor license may be issued under this section to an  estab-
    41  lishment designated and commonly known and operated as a "bed and break-
    42  fast"  regardless  of  whether  or  not a restaurant is operated in such
    43  establishment[, provided that such license shall only permit the sale of
    44  alcoholic beverages to overnight guests of such establishment].
    45    § 6. Subdivision 4-a of section 76 of the alcoholic  beverage  control
    46  law,  as  amended by chapter 522 of the laws of 2018, is amended to read
    47  as follows:
    48    4-a. A licensed winery may operate a restaurant, a  hotel,  an  estab-
    49  lishment  designated and commonly known and operated as a bed and break-
    50  fast, a catering establishment, or other food and drinking establishment
    51  in or adjacent to the licensed premises  and  sell  at  such  place,  at
    52  retail  for  consumption  on  the premises, wine, mead and wine products
    53  manufactured by the licensee and any New York state labeled  wine,  mead
    54  or  New  York  state labeled wine product. All of the provisions of this
    55  chapter relative to licenses to sell wine at retail for  consumption  on
    56  the  premises  shall  apply  so  far  as  applicable  to  such licensee.

        A. 4381                             3

     1  Notwithstanding any other provision of  law,  the  licensed  winery  may
     2  apply  to the authority for a license under article four of this chapter
     3  to sell other alcoholic beverages at retail for consumption on the prem-
     4  ises at such establishment.
     5    §  7.  Paragraph (f) of subdivision 2 of section 76-a of the alcoholic
     6  beverage control law, as amended by chapter 522 of the laws of 2018,  is
     7  amended to read as follows:
     8    (f)  operate  a  restaurant,  a hotel, an establishment designated and
     9  commonly known and operated as a bed and breakfast,  a  catering  estab-
    10  lishment, or other food and drinking establishment in or adjacent to the
    11  licensed  premises  and sell at such place, at retail for consumption on
    12  the premises, wine, cider, and mead manufactured by the licensee and any
    13  New York state labeled wine, New York  state  labeled  cider,  New  York
    14  state  labeled  mead  or New York state labeled wine product. All of the
    15  provisions of this chapter relative to licenses to sell wine  at  retail
    16  for consumption on the premises shall apply so far as applicable to such
    17  licensee.  Notwithstanding any other provision of law, the licensed farm
    18  winery  may  apply  to the authority for a license under this chapter to
    19  sell other alcoholic beverages at retail for consumption on the premises
    20  at such establishment.
    21    § 8. This act shall take effect immediately.
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