Bill Text: NY A06050 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Permits the sale or promotional gifting of certain complementary products for wine and spirits by certain persons or businesses licensed to sell wine and spirits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-06-10 - substituted by s3567a [A06050 Detail]
Download: New_York-2023-A06050-Introduced.html
Bill Title: Permits the sale or promotional gifting of certain complementary products for wine and spirits by certain persons or businesses licensed to sell wine and spirits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-06-10 - substituted by s3567a [A06050 Detail]
Download: New_York-2023-A06050-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6050 2023-2024 Regular Sessions IN ASSEMBLY March 31, 2023 ___________ Introduced by M. of A. BRONSON -- read once and referred to the Commit- tee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to permitting the sale or promotional gifting of certain complementary products for wine and spirits 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 2 of the laws of 2013, 3 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 6 shall: (1) prohibit a beer wholesaler from (i) acquiring, storing or 7 selling non-alcoholic snack foods, as defined in paragraph (b) of this 8 subdivision, (ii) manufacturing, bottling, storing, or selling non-alco- 9 holic carbonated beverages, (iii) manufacturing, storing or selling 10 non-alcoholic non-carbonated soft drinks, mineral waters, spring waters, 11 drinking water, non-taxable malt or cereal beverages, juice drinks, 12 fruit or vegetable juices, ice, liquid beverage mixes and dry or frozen 13 beverage mixes, (iv) acquiring, storing or selling wine products, (v) 14 the sale of promotional items on such premises, or (vi) the sale of 15 tobacco products at retail by wholesalers who are licensed to sell beer 16 and other products at retail; (2) prohibit a wholesaler authorized to 17 sell wine from manufacturing, acquiring or selling wine merchandise, as 18 defined in paragraph (d) of this subdivision; (3) prohibit a licensed 19 winery or licensed farm winery from engaging in the business of a wine 20 wholesaler for New York state labeled wines produced by any licensed 21 winery or licensed farm winery or prohibit such wine wholesaler from 22 exercising any of its rights pursuant to sections seventy-six and seven- 23 ty-six-a of this chapter provided that the operation of such beer and 24 wine wholesalers business shall be subject to such rules and regulations EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06925-01-3A. 6050 2 1 as the liquor authority may prescribe; (4) prohibit a beer wholesaler 2 who is authorized to sell beer at retail from selling at retail: (i) 3 candy, chewing gum and cough drops; (ii) non-refrigerated salsa; (iii) 4 cigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue 5 and picnic-related products and supplies, which shall include, but not 6 be limited to, charcoal, grills, propane gas, plastic and paper cups, 7 paper or plastic tablecloths and coolers; (v) beer making and brewing 8 supplies and publications, which shall include, but not be limited to, 9 books, magazines, equipment and ingredients; (vi) steins, mugs and other 10 glassware appropriate for the consumption of beer, malt beverages and 11 wine products; (vii) items typically used to serve beer and malt bever- 12 ages including, but not limited to, taps, kegerators, koozies and beer 13 socks; (viii) lemons, limes and oranges, provided that no more than two 14 dozen of each shall be displayed at any one time; (ix) rock salt, ice 15 and snow melting compounds, snow shovels; windshield washer solvent; 16 firewood; beach umbrellas; sunglasses and sun block; and (x) prepaid 17 telephone cards; [or] (5) prohibit the installation and operation of a 18 single automated teller machine in the premises of a beer wholesaler who 19 is authorized to sell beer at retail; or (6) prohibit a liquor whole- 20 saler from transporting or selling gifts or promotional items associated 21 with wine or spirit products. For the purposes of this subdivision, 22 "automated teller machine" means a device which is linked to the 23 accounts and records of a banking institution and which enables consum- 24 ers to carry out banking transactions, including but not limited to, 25 account transfers, deposits, cash withdrawals, balance inquiries and 26 loan payments. 27 § 2. Paragraph (a) of subdivision 3 of section 101-b of the alcoholic 28 beverage control law, as amended by section 1 of part E of chapter 56 of 29 the laws of 2006, is amended to read as follows: 30 (a) No brand of liquor or wine shall be sold to or purchased by a 31 wholesaler, irrespective of the place of sale or delivery, unless a 32 schedule, as provided by this section, is transmitted to and received by 33 the liquor authority, and is then in effect. Such schedule shall be 34 transmitted to the authority in such form, manner, medium and format as 35 the authority may direct; shall be deemed duly verified by the person 36 submitting such schedule upon its transmission to the authority; and 37 shall contain, with respect to each item, the exact brand or trade name, 38 capacity of package, nature of contents, age and proof where stated on 39 the label, the number of bottles contained in each case, the bottle and 40 case price to wholesalers, the net bottle and case price paid by the 41 seller, which prices, in each instance, shall be individual for each 42 item and not in "combination" with any other item, the discounts for 43 quantity, if any, and the discounts for time of payment, if any. Such 44 brand of liquor or wine shall not be sold to wholesalers except at the 45 price and discounts then in effect unless prior written permission of 46 the authority is granted for good cause shown and for reasons not incon- 47 sistent with the purpose of this chapter. Such schedule shall be trans- 48 mitted by (1) the owner of such brand, or (2) a wholesaler selling such 49 brand and who is designated as agent for the purpose of filing such 50 schedule if the owner of the brand is not licensed by the authority, or 51 (3) with the approval of the authority, by a wholesaler, in the event 52 that the owner of the brand is unable to transmit a schedule or desig- 53 nate an agent for such purpose. As used in this subdivision the term 54 "item" shall be deemed to include a sealed, pre-wrapped package consist- 55 ing of a sealed container or containers of liquor, wine or wine product 56 and other merchandise reasonably used in connection with the prepara-A. 6050 3 1 tion, storage, promotion, gifting, or service of liquor, wine or wine 2 products provided that such other merchandise shall not be potable or 3 edible. 4 § 3. Subdivision 4 of section 63 of the alcoholic beverage control 5 law, as amended by section 3 of part H of chapter 58 of the laws of 6 2019, is amended to read as follows: 7 4. No licensee under this section shall be engaged in any other busi- 8 ness on the licensed premises. The sale of lottery tickets, when duly 9 authorized and lawfully conducted, the sale of reusable bags as defined 10 in section 27-2801 of the environmental conservation law, the sale of 11 corkscrews or the sale of ice or the sale of publications, including 12 prerecorded video and/or audio cassette tapes, or educational seminars, 13 designed to help educate consumers in their knowledge and appreciation 14 of alcoholic beverages, as defined in section three of this chapter and 15 allowed pursuant to their license, or the sale of non-carbonated, non- 16 flavored mineral waters, spring waters and drinking waters or the sale 17 of glasses designed for the consumption of wine or spirits, racks 18 designed for the storage of wine, and devices designed to minimize 19 oxidation in bottles of wine which have been uncorked, or the sale of 20 gift bags, gift boxes, associated promotional items, or wrapping, for 21 alcoholic beverages purchased at the licensed premises shall not consti- 22 tute engaging in another business within the meaning of this subdivi- 23 sion. Any fee obtained from the sale of an educational seminar shall not 24 be considered as a fee for any tasting that may be offered during an 25 educational seminar, provided that such tastings are available to 26 persons who have not paid to attend the seminar and all tastings are 27 conducted in accordance with section sixty-three-a of this article. 28 § 4. This act shall take effect on the ninetieth day after it shall 29 have become a law.
