Bill Text: NY A07916 | 2019-2020 | General Assembly | Amended
Bill Title: Enacts the wine industry and liquor store revitalization act; authorizes grocery and drug stores to sell wine on their premises for consumption off the premises.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-27 - print number 7916a [A07916 Detail]
Download: New_York-2019-A07916-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7916--A 2019-2020 Regular Sessions IN ASSEMBLY May 28, 2019 ___________ Introduced by M. of A. PICHARDO -- read once and referred to the Commit- tee on Economic Development -- recommitted to the Committee on Econom- ic Development in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the alcoholic beverage control law, in relation to enacting the wine industry and liquor store revitalization act; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "wine 2 industry and liquor store revitalization act". 3 § 2. Subdivisions 4 and 5 of section 63 of the alcoholic beverage 4 control law, subdivision 4 as amended by chapter 360 of the laws of 5 2017, are amended and five new subdivisions 7, 8, 9, 10 and 11 are added 6 to read as follows: 7 4. (a) No licensee under this section shall be engaged in any other 8 business on the licensed premises. The sale of products complementary to 9 the business of the licensed premises shall not constitute engaging in 10 another business within the meaning of this subdivision. Such products 11 shall include but not be limited to the sale of lottery tickets, when 12 duly authorized and lawfully conducted, the sale of corkscrews or the 13 sale of ice or the sale of publications, including prerecorded video 14 and/or audio cassette tapes, or educational seminars, designed to help 15 educate consumers in their knowledge and appreciation of alcoholic 16 beverages, as defined in section three of this chapter and allowed 17 pursuant to their license, or the sale of [non-carbonated, non-flavored18mineral waters, spring waters and drinking waters] non-alcoholic bever- 19 ages for consumption on or off premises, including but not limited to 20 bottled water, juice and soda beverages, or the sale of tobacco products 21 or herbal cigarettes, provided the licensee complies with section thir- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08820-04-0A. 7916--A 2 1 teen hundred ninety-nine-cc of the public health law, or the sale at 2 retail of cigars which have been prepackaged by the manufacturer in 3 boxes of ten or more, or the sale of publications designed to help 4 educate consumers in their knowledge and appreciation of cigar products, 5 or food items, which shall include locally produced farm products and 6 any food or food product not specifically prepared for immediate 7 consumption upon the premises, or the sale of gift bags and gift baskets 8 including, but not limited to, shot glasses, single malt scotch glasses, 9 grappa glasses, decanters, other glassware, food or farm products not 10 specifically prepared for immediate consumption upon the premises, all 11 of which is related to the consumption and enjoyment of wine and spirits 12 or the sale of glasses designed for the consumption of wine, racks 13 designed for the storage of wine, and devices designed to minimize 14 oxidation in bottles of wine which have been uncorked, or the sale of 15 gift bags, gift boxes, or wrapping, for alcoholic beverages purchased at 16 the licensed premises shall not constitute engaging in another business 17 within the meaning of this subdivision. Any fee obtained from the sale 18 of an educational seminar shall not be considered as a fee for any tast- 19 ing that may be offered during an educational seminar, provided that 20 such tastings are available to persons who have not paid to attend the 21 seminar and all tastings are conducted in accordance with section 22 sixty-three-a of this article. 23 (b) The installation and operation of automated teller machines shall 24 not constitute engaging in another business within the meaning of this 25 subdivision. For purposes of this subdivision, "automated teller 26 machine" means a device which is linked to the accounts and records of a 27 banking institution and which enables consumers to carry out banking 28 transactions, including, but not limited to, account transfers, depos- 29 its, cash withdrawals, balance inquiries, and loan payments. 30 5. [Not more than one license shall be] Nothing in this section shall 31 be construed to prohibit multiple licenses from being granted to any 32 person under this section. 33 7. Any license obtained under this section includes authorization to 34 sell alcoholic beverages for resale to licensed premises for on-premises 35 consumption as licensed by sections fifty-five, sixty-four, 36 sixty-four-a, seventy-nine-b, and eighty-one of this chapter as provided 37 in subdivisions three-a and three-b of section one hundred two of this 38 chapter. 39 8. Commencing on the effective date of this subdivision, no additional 40 licenses shall be issued pursuant to this section except as outlined in 41 subdivision nine of this section. The provisions of this subdivision 42 shall not apply to (a) the renewal, transfer or continuance of a license 43 pursuant to this chapter, (b) an application for a license filed before 44 the effective date of this subdivision, (c) the issuance of a license in 45 accordance with the provisions of this chapter, to a person who 46 purchased the business operations of a licensee, provided, however, that 47 any person licensed under this section shall make an application to the 48 liquor authority prior to selling its license to another person. 49 9. Any existing license issued under this section which is canceled or 50 revoked by the liquor authority may be auctioned off to the highest 51 bidder, provided that the person meets all the applicable requirements. 52 The amount of the sale of the existing license as authorized in this 53 subdivision shall be subject to sales and compensating use tax as 54 imposed by section eleven hundred five of the tax law. 55 10. Each existing licensee shall be authorized to apply for one addi- 56 tional license for retail sale of liquor for consumption off the prem-A. 7916--A 3 1 ises for use in the establishment of another licensed premises, provided 2 however, the additional premises complies with all applicable 3 restrictions and requirements. The additional license issued by the 4 authority under this subdivision may be sold provided the purchaser 5 meets all applicable requirements, which sale shall be subject to sales 6 and compensating use tax as imposed by section eleven hundred five of 7 the tax law. The authorization for the establishment of a new premises 8 or sale of the additional license under this subdivision shall expire 9 three years from the effective date of this subdivision. 10 11. The authority is authorized to auction off to the highest bidder, 11 provided that the person meets all the applicable requirements, addi- 12 tional licenses for the sale of liquor or wine or both at retail for 13 consumption off the premises. The revenue from this sale shall be allo- 14 cated for the increased licensure and enforcement efforts of the author- 15 ity. The authority shall be authorized to sell no more than fifteen 16 additional licenses every two years, beginning on April first, two thou- 17 sand twenty-two. 18 § 2-a. Subdivision 4 of section 63 of the alcoholic beverage control 19 law, as amended by section 3 of part H of chapter 58 of the laws of 20 2019, is amended to read as follows: 21 4. (a) No licensee under this section shall be engaged in any other 22 business on the licensed premises. The sale of products complementary to 23 the business of the licensed premises shall not constitute engaging in 24 another business within the meaning of this subdivision. Such products 25 shall include but not be limited to the sale of lottery tickets, when 26 duly authorized and lawfully conducted, the sale of reusable bags as 27 defined in section 27-2801 of the environmental conservation law, the 28 sale of corkscrews or the sale of ice or the sale of publications, 29 including prerecorded video and/or audio cassette tapes, or educational 30 seminars, designed to help educate consumers in their knowledge and 31 appreciation of alcoholic beverages, as defined in section three of this 32 chapter and allowed pursuant to their license, or the sale of [non-car-33bonated, non-flavored mineral waters, spring waters and drinking waters] 34 non-alcoholic beverages for consumption on or off premises, including 35 but not limited to bottled water, juice and soda beverages, or the sale 36 of tobacco products or herbal cigarettes, provided the licensee complies 37 with section thirteen hundred ninety-nine-cc of the public health law, 38 or the sale at retail of cigars which have been prepackaged by the 39 manufacturer in boxes of ten or more, or the sale of publications 40 designed to help educate consumers in their knowledge and appreciation 41 of cigar products, or food items, which shall include locally produced 42 farm products and any food or food product not specifically prepared for 43 immediate consumption upon the premises, or the sale of gift bags and 44 gift baskets including, but not limited to, shot glasses, single malt 45 scotch glasses, grappa glasses, decanters, other glassware, food or farm 46 products not specifically prepared for immediate consumption upon the 47 premises, all of which is related to the consumption and enjoyment of 48 wine and spirits or the sale of glasses designed for the consumption of 49 wine, racks designed for the storage of wine, and devices designed to 50 minimize oxidation in bottles of wine which have been uncorked, or the 51 sale of gift bags, gift boxes, or wrapping, for alcoholic beverages 52 purchased at the licensed premises shall not constitute engaging in 53 another business within the meaning of this subdivision. Any fee 54 obtained from the sale of an educational seminar shall not be considered 55 as a fee for any tasting that may be offered during an educational semi- 56 nar, provided that such tastings are available to persons who have notA. 7916--A 4 1 paid to attend the seminar and all tastings are conducted in accordance 2 with section sixty-three-a of this article. 3 (b) The installation and operation of automated teller machines shall 4 not constitute engaging in another business within the meaning of this 5 subdivision. For purposes of this subdivision, "automated teller 6 machine" means a device which is linked to the accounts and records of a 7 banking institution and which enables consumers to carry out banking 8 transactions, including, but not limited to, account transfers, depos- 9 its, cash withdrawals, balance inquiries, and loan payments. 10 § 3. Section 79 of the alcoholic beverage control law is amended by 11 adding four new subdivisions 5, 6, 7 and 8 to read as follows: 12 5. Any license obtained under this section includes authorization to 13 sell alcoholic beverages for resale to licensed premises for on-premises 14 consumption as licensed by sections fifty-five, sixty-four, 15 sixty-four-a, seventy-nine-b, and eighty-one of this chapter as provided 16 in subdivisions three-a and three-b of section one hundred two of this 17 chapter. 18 6. Commencing on the effective date of this subdivision, no additional 19 licenses shall be issued pursuant to this section except as outlined in 20 subdivision seven of this section. The provisions of this subdivision 21 shall not apply to (a) the renewal, transfer or continuance of a license 22 pursuant to this chapter, (b) an application for a license filed before 23 the effective date of this subdivision, (c) the issuance of a license in 24 accordance with the provisions of this chapter, to a person who 25 purchased the business operations of a licensee, provided, however, that 26 any person licensed under this section shall make an application to the 27 liquor authority prior to selling its license to another person. 28 7. Any existing license issued under this section which is canceled or 29 revoked by the liquor authority may be auctioned off to the highest 30 bidder, provided that the person meets all the applicable requirements. 31 The amount of the sale of the existing license as authorized in this 32 subdivision shall be subject to sales and compensating use tax as 33 imposed by section eleven hundred five of the tax law. 34 8. Each existing licensee shall be authorized to apply for one addi- 35 tional license for retail sale of liquor for consumption off the prem- 36 ises for use in the establishment of another licensed premises, provided 37 however, the additional premises complies with all applicable 38 restrictions and requirements. The additional license issued by the 39 authority under this subdivision as well as any existing license issued 40 under this section may be sold provided the purchaser meets all applica- 41 ble requirements, which sale shall be subject to sales and compensating 42 use tax as imposed by section eleven hundred five of the tax law. The 43 authorization for the establishment of a new premises or sale of the 44 additional license under this subdivision shall expire three years from 45 the effective date of this subdivision. 46 § 4. Section 83 of the alcoholic beverage control law is amended by 47 adding a new subdivision 10 to read as follows: 48 10. The annual fee for a grocery or drug store wine license pursuant 49 to section seventy-nine-e of this article shall be one hundred ten 50 dollars. Where, however, the applicant is the holder of two or more such 51 licenses, the annual fee for each additional license shall be double the 52 amount hereinabove set forth. 53 § 5. Subdivision 2-a of section 100 of the alcoholic beverage control 54 law, as amended by chapter 249 of the laws of 2002, is amended to read 55 as follows:A. 7916--A 5 1 2-a. No retailer shall employ, or permit to be employed, or shall 2 suffer to work, on any premises licensed for retail sale hereunder, any 3 person under the age of eighteen years, as a hostess, waitress, waiter, 4 or in any other capacity where the duties of such person require or 5 permit such person to sell, dispense or handle alcoholic beverages; 6 except that: (1) any person under the age of eighteen years and employed 7 by any person holding a grocery or drug store beer license shall be 8 permitted to handle and deliver beer and wine products for such licen- 9 see, (2) any person under the age of eighteen employed as a cashier by a 10 person holding a grocery or drug store beer license shall be permitted 11 to record and receive payment for beer and wine product sales when in 12 the presence of and under the direct supervision of a person eighteen 13 years of age or over, (2-a) any person under the age of eighteen years 14 and employed by a person holding a grocery store or drug store beer 15 license as either a cashier or in any other position to which handling 16 of containers which may have held alcoholic beverages is necessary, 17 shall be permitted to handle the containers if such have been presented 18 for redemption in accordance with the provisions of title ten of article 19 twenty-seven of the environmental conservation law, [and] (3) any person 20 under the age of eighteen years employed as a dishwasher, busboy, or 21 other such position as to which handling of containers which may have 22 held alcoholic beverages is necessary shall be permitted to do so under 23 the direct supervision of a person of legal age to purchase alcoholic 24 beverages in the state, (4) any person under the age of eighteen years 25 and employed by any person holding a grocery or drug store wine license 26 shall be permitted to handle and deliver wine for such licensee, and (5) 27 any person under the age of eighteen employed as a cashier by a person 28 holding a grocery or drug store wine license shall be permitted to 29 record and receive payment for wine when in the presence of and under 30 the direct supervision of a person eighteen years of age or over. 31 § 6. Section 100 of the alcoholic beverage control law is amended by 32 adding a new subdivision 2-c to read as follows: 33 2-c. No person shall sell, deliver or give away or cause or permit or 34 procure to be sold, delivered or given away any alcoholic beverages to 35 any person, actually or apparently, under the age of twenty-one years. 36 As a precondition to the sale of any alcoholic beverage, the purchaser 37 of any alcoholic beverage must provide written evidence of age. No 38 licensee, or agent or employee of a licensee under this chapter, shall 39 accept as written evidence of age by any such person for the purchase of 40 any alcoholic beverage, any documentation other than: (a) a valid driv- 41 er's license or non-driver identification card issued by the commission- 42 er of motor vehicles, the federal government, any United States territo- 43 ry, commonwealth or possession, the District of Columbia, a state 44 government within the United States or a provincial government of the 45 dominion of Canada, or (b) a valid passport issued by the United States 46 government or any other country, or (c) an identification card issued by 47 the armed forces of the United States. 48 § 7. Paragraph (a) of subdivision 14 of section 105 of the alcoholic 49 beverage control law, as amended by section 1 of part U of chapter 63 of 50 the laws of 2003, is amended to read as follows: 51 (a) No premises licensed to sell liquor and/or wine for off-premises 52 consumption shall be permitted to remain open: 53 (i) On Sunday before [twelve o'clock post meridian] eight o'clock 54 antemeridian and after nine o'clock post meridian. 55 (ii) On any day between [midnight and] three o'clock antemeridian and 56 eight o'clock antemeridian.A. 7916--A 6 1 [(iii) On the twenty-fifth day of December, known as Christmas day.] 2 In any community where daylight saving time is in effect, such time 3 shall be deemed the standard time for the purpose of this subdivision. 4 § 8. Section 105 of the alcoholic beverage control law is amended by 5 adding a new subdivision 24 to read as follows: 6 24. Cooperative agreements by licensees to sell at retail for consump- 7 tion on the premises. Any two or more retail licensees for off-premises 8 consumption may join in a cooperative agreement to make joint purchases 9 of alcoholic beverages in larger quantities than might otherwise be 10 purchased; provided, however, that all alcoholic beverages purchased 11 pursuant to any such agreement shall be distributed to none other than a 12 licensee who is a party to such agreement. 13 § 9. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage 14 control law, as amended by chapter 458 of the laws of 1993, are amended 15 to read as follows: 16 3-a. No licensee or permittee shall purchase or agree to purchase any 17 alcoholic beverages from any person within the state who is not duly 18 licensed to sell such alcoholic beverage as the case may be, at the time 19 of such agreement and sale nor give any order for any alcoholic beverage 20 to any individual who is not the holder of a solicitor's permit, except 21 as provided for in section eighty-five [or], ninety-nine-g, or seventy- 22 nine-e, or subdivision ten of section sixty-three of this chapter. 23 3-b. No retail licensee shall purchase, agree to purchase or receive 24 any alcoholic beverage except from a person duly licensed within the 25 state by the liquor authority to sell such alcoholic beverage at the 26 time of such agreement and sale to such retail licensee, except as 27 provided for in section eighty-five [or], ninety-nine-g, or seventy- 28 nine-e, or subdivision ten of section sixty-three of this chapter. 29 § 10. Subdivision 2 of section 79 of the alcoholic beverage control 30 law is amended to read as follows: 31 2. [Not more than one license shall be] Nothing in this section shall 32 be construed to prohibit multiple licenses from being granted to any 33 person under this section. 34 § 11. Subdivision 2 of section 105 of the alcoholic beverage control 35 law is REPEALED. 36 § 12. Subdivision 7 of section 105 of the alcoholic beverage control 37 law is REPEALED. 38 § 13. The alcoholic beverage control law is amended by adding a new 39 section 79-e to read as follows: 40 § 79-e. Grocery or drug store wine license. 1. Any person may apply to 41 the authority for a license to sell from the licensed premises wine in 42 sealed containers for consumption off such premises. 43 2. No such license shall be issued, however, to any person for any 44 premises other than a grocery store, as defined in subdivision thirteen 45 of section three of this chapter, or a drug store, as defined in subdi- 46 vision twelve of section three of this chapter. 47 3. (a) Notwithstanding any other provision of this chapter, except for 48 good cause shown, the authority shall issue a grocery or drug store wine 49 license to the holder of a license to sell beer at retail for consump- 50 tion off the premises pursuant to section fifty-four of this chapter, or 51 beer and wine products at retail for consumption off the premises pursu- 52 ant to section fifty-four-a of this chapter, at the request of such 53 licensee, or to the holder of a wholesaler's license issued or renewed 54 prior to July first, nineteen hundred sixty, and thereafter renewed or 55 transferred, which authorizes the holder thereof to sell beer at retail 56 to a person for consumption in his or her home.A. 7916--A 7 1 (b) For the purposes of this subdivision, the premises of the grocery 2 or drug store wine licensee shall be the same as the premises licensed 3 under section fifty-four or fifty-four-a of this chapter. 4 (c) Notwithstanding any other provisions of this chapter, any license 5 issued pursuant to this section shall run concurrently with the underly- 6 ing license under section fifty-four or fifty-four-a of this chapter, 7 and shall be deemed expired at such time as the underlying license 8 expires. 9 (d) Wine tasting. Any person licensed to sell wine pursuant to this 10 article shall be permitted to conduct wine tastings. Wine tastings which 11 are conducted under the auspices of an official agent of a farm winery, 12 winery, wholesaler, or importer and where such agent is physically pres- 13 ent at all times during the conduct of the tasting, then, in that event, 14 any liability stemming from a right of action resulting from a wine 15 tasting as authorized pursuant to this section, and in accordance with 16 the provisions of sections 11-100 and 11-101 of the general obligations 17 law, shall accrue to the farm winery, winery, wholesaler, or importer. 18 4. Notwithstanding any other provision of this chapter, the authority 19 may issue a license under this section to the holder of a license to 20 sell wine at retail for consumption off the premises pursuant to section 21 seventy-nine of this article, provided that: (a) the licensee meets the 22 requirements of subdivision two of this section; and (b) upon issuance 23 of a license, the licensee under this section surrenders the license 24 certificate issued pursuant to such section seventy-nine. 25 5. Such application shall be in such form and shall contain such 26 information as shall be required by the rules of the authority and shall 27 be accompanied by a check or draft in the amount required by this arti- 28 cle for such license. 29 6. Notwithstanding any other provisions of this chapter, any person 30 receiving a license pursuant to this section shall not be subject to the 31 provisions of subdivision two, three or four of section seventy-nine of 32 this article. 33 7. Notwithstanding any other provisions of this chapter, any person 34 receiving a license pursuant to this section shall not be subject to the 35 provisions of paragraph (a) of subdivision three of section one hundred 36 five of this chapter. 37 8. (a) A one-time franchise fee shall be paid for by each retail 38 outlet to the state liquor authority. This franchise fee is hereby 39 imposed at a rate of 0.46 of one percent of the total gross sales at the 40 individual licensed premises of the licensee in the previous year. 41 (b) In the event an applicant has been in business for less than 42 twelve months prior to the filing of the application for this license, 43 such applicant shall, in accordance with the rules of the authority, 44 remit an estimate of its franchise fee based on square footage at a 45 licensee's location pursuant to the following schedule: 46 Square Footage at Franchise Fee 47 Licensee's Location Per Location 48 0-999 $825 49 1,000-1,999 $1,650 50 2,000-3,999 $3,300 51 4,000-9,999 $8,250 52 10,000-19,999 $16,500 53 20,000-24,999 $33,000 54 25,000-29,999 $82,500 55 30,000-39,999 $132,000 56 40,000 and greater $495,000A. 7916--A 8 1 Within sixty days after such licensee shall have been in business for 2 twelve months, such licensee shall submit to the authority, in accord- 3 ance with the rules of the authority, a statement showing its actual 4 total gross sales for the first twelve months of operation and the fran- 5 chise fee due pursuant to paragraph (a) of this subdivision. In the 6 event the franchise fee determined pursuant to such paragraph exceeds 7 the amount paid pursuant to this paragraph, the licensee shall remit 8 payment for the balance of the required franchise fee within such 9 sixty-day period. Failure to remit payment within such sixty-day period 10 shall be grounds for cancellation or revocation of such license. In the 11 event that the franchise fee due pursuant to paragraph (a) of this 12 subdivision is less than the amount paid pursuant to this paragraph, the 13 licensee shall be entitled to a refund equal to the difference between 14 the franchise fee paid pursuant to this paragraph and the amount due 15 pursuant to paragraph (a) of this subdivision. 16 (c) No license shall be issued pursuant to this section until the 17 franchise fee or estimated franchise fee under this subdivision required 18 by either paragraph (a) or (b) of this subdivision has been paid in 19 full. 20 (d) The franchise fee shall be deposited and disposed of in the same 21 manner as any license fee as provided in section one hundred twenty-five 22 of this chapter. 23 9. (a) Any person licensed to sell wine pursuant to this article that 24 operates the premises of the grocery or drug store wine licensee that 25 occupies less than one thousand square feet may purchase, agree to 26 purchase or receive any alcoholic beverage from a person licensed under 27 section sixty-three of this chapter to sell liquor at retail for 28 consumption off the premises. 29 (b) Any person licensed to sell wine at retail for consumption off the 30 premises under section seventy-nine of this article is authorized to 31 sell wine to persons licensed to sell wine under this article and this 32 section who operate the premises of the grocery or drug store wine 33 licensee that occupies less than one thousand square feet. 34 10. The state liquor authority may make such rules as it deems neces- 35 sary to carry out the provisions of this section, however, such rules 36 shall not be construed to place additional limitations upon the holders 37 of licenses issued pursuant to section seventy-nine of this article 38 unrelated to the sale of wine. 39 § 14. Subdivision 10 of section 105 of the alcoholic beverage control 40 law, paragraph (a) as amended by chapter 679 of the laws of 1950, is 41 amended to read as follows: 42 10. [(a)] Each retail licensee of liquor and/or wine for off-premises 43 consumption shall have conspicuously displayed within the interior of 44 the licensed premises where sales are made and where it can be readily 45 inspected by consumers a printed price list of the liquors and/or wines 46 offered for sale therein; and no liquor and/or wine shall be sold except 47 at the price set forth in such list[;48(b) No screen, blind, curtain, partition, article or thing shall be49permitted in the windows or upon the doors of such licensed premises,50which shall prevent a clear view into the interior of such licensed51premises from the sidewalk, at all times; and52(c) No booth, screen, partition or other obstruction shall be permit-53ted in the interior of said licensed premises]. 54 § 15. The alcoholic beverage control law is amended by adding a new 55 section 97-c to read as follows:A. 7916--A 9 1 § 97-c. Temporary retail permit for new applicants. 1. The authority 2 is hereby authorized to issue a temporary retail permit to an applicant 3 of a premises that is not licensed when the applicant has filed with the 4 authority an application for a retail license at such premises or has 5 filed renewal of such license. Such application shall be in writing and 6 verified and shall contain information as the authority shall require. 7 Such application shall be accompanied by a filing fee of seventy-five 8 dollars. 9 2. Upon application, the authority shall issue a temporary retail 10 permit when the applicant has filed with the authority an application 11 for a retail license at such premises or a renewal thereof, together 12 with all required filing and license fees. A temporary permit issued by 13 the authority pursuant to this section shall be for a period not to 14 exceed ninety days. A temporary permit may be extended at the discretion 15 of the authority, for an additional thirty days. 16 3. Pursuant to this section a temporary retail permit may not be 17 issued for any premises that is in violation of the provisions of subdi- 18 vision seven of section sixty-four, subdivision seven of section sixty- 19 four-a, subdivision five of section sixty-four-b, subdivision eleven of 20 section sixty-four-c, subdivision eight of section sixty-four-d or 21 subdivision three of section one hundred five of this chapter. 22 4. A temporary retail permit is a conditional permit and shall author- 23 ize the holder thereof to, in the case of all other retail applications, 24 purchase and sell such alcoholic beverages as would be permitted to be 25 purchased and sold under the privileges of the license applied for; to 26 sell alcoholic beverages to consumers only and not for resale; and to 27 purchase alcoholic beverages only by payment in currency or check for 28 such alcoholic beverages on or before they are delivered to such prem- 29 ises. 30 5. Notwithstanding any other provision of law, a temporary permit may 31 be summarily cancelled or suspended at any time if the authority deter- 32 mines that good cause for such cancellation or suspension exists. The 33 authority shall promptly notify the holder of a temporary permit in 34 writing of such cancellation or suspension and shall set forth the 35 reasons for such action. 36 6. Approval of, or extension of, a temporary retail license shall not 37 be deemed as an approval of the retail application. 38 7. Notwithstanding any inconsistent provision of law to the contrary, 39 the authority may promulgate such rules and regulations as may be neces- 40 sary to carry out the provisions of this section. 41 § 16. Paragraph (b) of subdivision 3 of section 101-b of the alcoholic 42 beverage control law, as amended by section 1 of part E of chapter 56 of 43 the laws of 2006, is amended to read as follows: 44 (b) No brand of liquor or wine shall be sold to or purchased by a 45 retailer unless a schedule, as provided by this section, is transmitted 46 to and received by the liquor authority, and is then in effect. Such 47 schedule shall be transmitted to the authority in such form, manner, 48 medium and format as the authority may direct; shall be deemed duly 49 verified by the person submitting such schedule upon its transmission to 50 the authority; and shall contain, with respect to each item, the exact 51 brand or trade name, capacity of package, nature of contents, age and 52 proof where stated on the label, the number of bottles contained in each 53 case, the bottle and case price to retailers, the net bottle and case 54 price paid by the seller, which prices, in each instance, shall be indi- 55 vidual for each item and not in "combination" with any other item, the 56 discounts for quantity, if any, and the discounts for time of payment,A. 7916--A 10 1 if any. For purposes of this paragraph, in regards to premises licensed 2 under section sixty-three of this chapter, "combination" shall not 3 include wines provided by the same vineyard or distributor to a retailer 4 and where such wines may be different. Such brand of liquor or wine 5 shall not be sold to retailers except at the price and discounts then in 6 effect unless prior written permission of the authority is granted for 7 good cause shown and for reasons not inconsistent with the purpose of 8 this chapter. Such schedule shall be transmitted by each manufacturer 9 selling such brand to retailers and by each wholesaler selling such 10 brand to retailers. 11 § 17. This act shall take effect on the one hundred eightieth day 12 after it shall have become a law, provided, however, section two-a of 13 this act shall take effect on the same date and in the same manner as 14 part H of chapter 58 of the laws of 2019, takes effect.