Bill Text: NY A05565 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes certain wholesalers authorized to sell beer at retail for off premises consumption to also sell certain grocery items.

Spectrum: Slight Partisan Bill (Democrat 16-7)

Status: (Passed) 2013-01-25 - signed chap.505 [A05565 Detail]

Download: New_York-2011-A05565-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5565
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 23, 2011
                                      ___________
       Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
         tee on Economic Development
       AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
         authorizing  certain wholesalers authorized to sell beer at retail for
         off premises consumption to sell certain goods
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Paragraph (a) of subdivision 1 of section 104 of the alco-
    2  holic beverage control law, as amended by chapter 223  of  the  laws  of
    3  2002, is amended to read as follows:
    4    (a)  No wholesaler shall be engaged in any other business on the prem-
    5  ises to be licensed; except that nothing contained in this chapter shall
    6  (1) prohibit a beer wholesaler from (i) acquiring,  storing  or  selling
    7  non-alcoholic  snack foods, as defined in paragraph (b) of this subdivi-
    8  sion, (ii) manufacturing, bottling, storing,  or  selling  non-alcoholic
    9  carbonated  beverages, (iii) manufacturing, storing or selling non-alco-
   10  holic non-carbonated soft drinks, mineral waters, spring waters,  drink-
   11  ing  water, non-taxable malt or cereal beverages, juice drinks, fruit or
   12  vegetable juices, ice, liquid beverage mixes and dry or frozen  beverage
   13  mixes, (iv) acquiring, storing or selling wine products, (v) the sale of
   14  promotional items on such premises, or (vi) the sale of tobacco products
   15  at  retail  by  wholesalers  who  are  licensed  to  sell beer and other
   16  products at retail, (2) prohibit a wholesaler authorized  to  sell  wine
   17  from manufacturing, acquiring or selling wine merchandise, as defined in
   18  paragraph  (d)  of this subdivision, [or] (3) prohibit a licensed winery
   19  or licensed farm winery from engaging in the business of a  wine  whole-
   20  saler  for  New York state labeled wines produced by any licensed winery
   21  or licensed farm winery or prohibit such wine wholesaler from exercising
   22  any of its rights pursuant to sections seventy-six and seventy-six-a  of
   23  this  chapter  provided  that the operation of such beer and wine whole-
   24  salers business shall be subject to such rules and  regulations  as  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03357-01-1
       A. 5565                             2
    1  liquor  authority  may prescribe, OR (4) PROHIBIT THE HOLDER OF A WHOLE-
    2  SALER'S LICENSE ISSUED OR RENEWED PRIOR TO JULY FIRST, NINETEEN  HUNDRED
    3  SIXTY  AND  IS THEREAFTER CONTINUOUSLY RENEWED AND/OR TRANSFERRED, WHICH
    4  LICENSE  AUTHORIZES  THE  HOLDER  THEREOF TO SELL BEER AT RETAIL FOR OFF
    5  PREMISES CONSUMPTION, FROM ACQUIRING, STORING OR SELLING,  AND  DEVOTING
    6  NOT  MORE  THAN  TWENTY-FIVE  PERCENT  OF  THE PUBLIC FLOOR SPACE OF THE
    7  LICENSED PREMISES FOR THE DISPLAY  AND  SALE  AT  RETAIL  OF  (I)  FOOD,
    8  INCLUDING  ALL  MATERIAL,  WHETHER  LIQUID,  SOLID OR MIXED, AND WHETHER
    9  SIMPLE OR COMPOUND, USED OR INTENDED FOR CONSUMPTION BY HUMAN BEINGS  OR
   10  DOMESTIC  ANIMALS NORMALLY KEPT AS HOUSEHOLD PETS, AND ALL SUBSTANCES OR
   11  INGREDIENTS TO BE ADDED THERETO FOR ANY PURPOSE,  (II)  NAPKINS,  FACIAL
   12  TISSUES, TOILET TISSUES, FOIL WRAPPING, PLASTIC WRAPPING, PAPER TOWELING
   13  OR DISPOSABLE PLATES, (III) DETERGENTS, SOAPS OR OTHER CLEANSING AGENTS,
   14  (IV)  NON-PRESCRIPTION  DRUGS, FEMALE HYGIENE PRODUCTS OR TOILETRIES, OR
   15  (V) SEASONAL SPECIALTY ITEMS, WHICH SHALL INCLUDE, BUT  NOT  BE  LIMITED
   16  TO, CHARCOAL, BARBECUE GRILLS, BARBECUE SUPPLIES, PROPANE GAS, FIREWOOD,
   17  ROCK  SALT,  BEACH  UMBRELLAS,  SUNGLASSES,  SUNBLOCK  AND SUCH ITEMS AS
   18  PROVIDED BY THE RULES AND REGULATIONS OF THE LIQUOR AUTHORITY.
   19    S 2. This act shall take effect immediately.