Bill Text: NY A07916 | 2019-2020 | General Assembly | Introduced


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) 2019-05-28 - referred to economic development [A07916 Detail]

Download: New_York-2019-A07916-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7916

                               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

        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-flavored
    18  mineral 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-
    22  teen  hundred  ninety-nine-cc  of  the public health law, or the sale at
    23  retail of cigars which have been  prepackaged  by  the  manufacturer  in
    24  boxes  of  ten  or  more,  or  the sale of publications designed to help

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08820-03-9

        A. 7916                             2

     1  educate consumers in their knowledge and appreciation of cigar products,
     2  or food items, which shall include locally produced  farm  products  and
     3  any  food  or  food  product  not  specifically  prepared  for immediate
     4  consumption upon the premises, or the sale of gift bags and gift baskets
     5  including, but not limited to, shot glasses, single malt scotch glasses,
     6  grappa  glasses,  decanters,  other glassware, food or farm products not
     7  specifically prepared for immediate consumption upon the  premises,  all
     8  of which is related to the consumption and enjoyment of wine and spirits
     9  or  the  sale  of  glasses  designed  for the consumption of wine, racks
    10  designed for the storage of  wine,  and  devices  designed  to  minimize
    11  oxidation  in  bottles  of wine which have been uncorked, or the sale of
    12  gift bags, gift boxes, or wrapping, for alcoholic beverages purchased at
    13  the licensed premises shall not constitute engaging in another  business
    14  within  the  meaning of this subdivision. Any fee obtained from the sale
    15  of an educational seminar shall not be considered as a fee for any tast-
    16  ing that may be offered during an  educational  seminar,  provided  that
    17  such  tastings  are available to persons who have not paid to attend the
    18  seminar and all  tastings  are  conducted  in  accordance  with  section
    19  sixty-three-a of this article.
    20    (b)  The installation and operation of automated teller machines shall
    21  not constitute engaging in another business within the meaning  of  this
    22  subdivision.   For  purposes  of  this  subdivision,  "automated  teller
    23  machine" means a device which is linked to the accounts and records of a
    24  banking institution and which enables consumers  to  carry  out  banking
    25  transactions,  including,  but not limited to, account transfers, depos-
    26  its, cash withdrawals, balance inquiries, and loan payments.
    27    5. [Not more than one license shall be] Nothing in this section  shall
    28  be  construed  to  prohibit  multiple licenses from being granted to any
    29  person under this section.
    30    7. Any license obtained under this section includes  authorization  to
    31  sell alcoholic beverages for resale to licensed premises for on-premises
    32  consumption    as   licensed   by   sections   fifty-five,   sixty-four,
    33  sixty-four-a, seventy-nine-b, and eighty-one of this chapter as provided
    34  in subdivisions three-a and three-b of section one hundred two  of  this
    35  chapter.
    36    8. Commencing on the effective date of this subdivision, no additional
    37  licenses  shall be issued pursuant to this section except as outlined in
    38  subdivision nine of this section. The  provisions  of  this  subdivision
    39  shall not apply to (a) the renewal, transfer or continuance of a license
    40  pursuant  to this chapter, (b) an application for a license filed before
    41  the effective date of this subdivision, (c) the issuance of a license in
    42  accordance with  the  provisions  of  this  chapter,  to  a  person  who
    43  purchased the business operations of a licensee, provided, however, that
    44  any  person licensed under this section shall make an application to the
    45  liquor authority prior to selling its license to another person.
    46    9. Any existing license issued under this section which is canceled or
    47  revoked by the liquor authority may be  auctioned  off  to  the  highest
    48  bidder,  provided that the person meets all the applicable requirements.
    49  The amount of the sale of the existing license  as  authorized  in  this
    50  subdivision  shall  be  subject  to  sales  and  compensating use tax as
    51  imposed by section eleven hundred five of the tax law.
    52    10. Each existing licensee shall be authorized to apply for one  addi-
    53  tional  license  for retail sale of liquor for consumption off the prem-
    54  ises for use in the establishment of another licensed premises, provided
    55  however,  the  additional  premises   complies   with   all   applicable
    56  restrictions  and  requirements.  The  additional  license issued by the

        A. 7916                             3

     1  authority under this subdivision may  be  sold  provided  the  purchaser
     2  meets  all applicable requirements, which sale shall be subject to sales
     3  and compensating use tax as imposed by section eleven  hundred  five  of
     4  the  tax  law. The authorization for the establishment of a new premises
     5  or sale of the additional license under this  subdivision  shall  expire
     6  three years from the effective date of this subdivision.
     7    11.  The authority is authorized to auction off to the highest bidder,
     8  provided that the person meets all the  applicable  requirements,  addi-
     9  tional  licenses  for  the  sale of liquor or wine or both at retail for
    10  consumption off the premises. The revenue from this sale shall be  allo-
    11  cated for the increased licensure and enforcement efforts of the author-
    12  ity.  The  authority  shall  be  authorized to sell no more than fifteen
    13  additional licenses every two years, beginning on April first, two thou-
    14  sand twenty-one.
    15    § 2-a. Subdivision 4 of section 63 of the alcoholic  beverage  control
    16  law,  as  amended  by  section  3 of part H of chapter 58 of the laws of
    17  2019, is amended to read as follows:
    18    4. (a) No licensee under this section shall be engaged  in  any  other
    19  business on the licensed premises. The sale of products complementary to
    20  the  business  of the licensed premises shall not constitute engaging in
    21  another business within the meaning of this subdivision.  Such  products
    22  shall  include  but  not be limited to the sale of lottery tickets, when
    23  duly authorized and lawfully conducted, the sale  of  reusable  bags  as
    24  defined  in  section  27-2801 of the environmental conservation law, the
    25  sale of corkscrews or the sale of  ice  or  the  sale  of  publications,
    26  including  prerecorded video and/or audio cassette tapes, or educational
    27  seminars, designed to help educate  consumers  in  their  knowledge  and
    28  appreciation of alcoholic beverages, as defined in section three of this
    29  chapter  and allowed pursuant to their license, or the sale of [non-car-
    30  bonated, non-flavored mineral waters, spring waters and drinking waters]
    31  non-alcoholic beverages for consumption on or  off  premises,  including
    32  but  not limited to bottled water, juice and soda beverages, or the sale
    33  of tobacco products or herbal cigarettes, provided the licensee complies
    34  with section thirteen hundred ninety-nine-cc of the public  health  law,
    35  or  the  sale  at  retail  of  cigars which have been prepackaged by the
    36  manufacturer in boxes of ten  or  more,  or  the  sale  of  publications
    37  designed  to  help educate consumers in their knowledge and appreciation
    38  of cigar products, or food items, which shall include  locally  produced
    39  farm products and any food or food product not specifically prepared for
    40  immediate  consumption  upon  the premises, or the sale of gift bags and
    41  gift baskets including, but not limited to, shot  glasses,  single  malt
    42  scotch glasses, grappa glasses, decanters, other glassware, food or farm
    43  products  not  specifically  prepared for immediate consumption upon the
    44  premises, all of which is related to the consumption  and  enjoyment  of
    45  wine  and spirits or the sale of glasses designed for the consumption of
    46  wine, racks designed for the storage of wine, and  devices  designed  to
    47  minimize  oxidation  in bottles of wine which have been uncorked, or the
    48  sale of gift bags, gift boxes,  or  wrapping,  for  alcoholic  beverages
    49  purchased  at  the  licensed  premises  shall not constitute engaging in
    50  another business  within  the  meaning  of  this  subdivision.  Any  fee
    51  obtained from the sale of an educational seminar shall not be considered
    52  as a fee for any tasting that may be offered during an educational semi-
    53  nar,  provided  that such tastings are available to persons who have not
    54  paid to attend the seminar and all tastings are conducted in  accordance
    55  with section sixty-three-a of this article.

        A. 7916                             4

     1    (b)  The installation and operation of automated teller machines shall
     2  not constitute engaging in another business within the meaning  of  this
     3  subdivision.   For  purposes  of  this  subdivision,  "automated  teller
     4  machine" means a device which is linked to the accounts and records of a
     5  banking  institution  and  which  enables consumers to carry out banking
     6  transactions, including, but not limited to, account  transfers,  depos-
     7  its, cash withdrawals, balance inquiries, and loan payments.
     8    §  3.  Section  79 of the alcoholic beverage control law is amended by
     9  adding four new subdivisions 5, 6, 7 and 8 to read as follows:
    10    5. Any license obtained under this section includes  authorization  to
    11  sell alcoholic beverages for resale to licensed premises for on-premises
    12  consumption    as   licensed   by   sections   fifty-five,   sixty-four,
    13  sixty-four-a, seventy-nine-b, and eighty-one of this chapter as provided
    14  in subdivisions three-a and three-b of section one hundred two  of  this
    15  chapter.
    16    6. Commencing on the effective date of this subdivision, no additional
    17  licenses  shall be issued pursuant to this section except as outlined in
    18  subdivision seven of this section. The provisions  of  this  subdivision
    19  shall not apply to (a) the renewal, transfer or continuance of a license
    20  pursuant  to this chapter, (b) an application for a license filed before
    21  the effective date of this subdivision, (c) the issuance of a license in
    22  accordance with  the  provisions  of  this  chapter,  to  a  person  who
    23  purchased the business operations of a licensee, provided, however, that
    24  any  person licensed under this section shall make an application to the
    25  liquor authority prior to selling its license to another person.
    26    7. Any existing license issued under this section which is canceled or
    27  revoked by the liquor authority may be  auctioned  off  to  the  highest
    28  bidder,  provided that the person meets all the applicable requirements.
    29  The amount of the sale of the existing license  as  authorized  in  this
    30  subdivision  shall  be  subject  to  sales  and  compensating use tax as
    31  imposed by section eleven hundred five of the tax law.
    32    8. Each existing licensee shall be authorized to apply for  one  addi-
    33  tional  license  for retail sale of liquor for consumption off the prem-
    34  ises for use in the establishment of another licensed premises, provided
    35  however,  the  additional  premises   complies   with   all   applicable
    36  restrictions  and  requirements.  The  additional  license issued by the
    37  authority under this subdivision as well as any existing license  issued
    38  under this section may be sold provided the purchaser meets all applica-
    39  ble  requirements, which sale shall be subject to sales and compensating
    40  use tax as imposed by section eleven hundred five of the  tax  law.  The
    41  authorization  for  the  establishment  of a new premises or sale of the
    42  additional license under this subdivision shall expire three years  from
    43  the effective date of this subdivision.
    44    §  4.  Section  83 of the alcoholic beverage control law is amended by
    45  adding a new subdivision 10 to read as follows:
    46    10. The annual fee for a grocery or drug store wine  license  pursuant
    47  to  section  seventy-nine-e  of  this  article  shall be one hundred ten
    48  dollars. Where, however, the applicant is the holder of two or more such
    49  licenses, the annual fee for each additional license shall be double the
    50  amount hereinabove set forth.
    51    § 5. Subdivision 2-a of section 100 of the alcoholic beverage  control
    52  law,  as  amended by chapter 249 of the laws of 2002, is amended to read
    53  as follows:
    54    2-a. No retailer shall employ, or permit  to  be  employed,  or  shall
    55  suffer  to work, on any premises licensed for retail sale hereunder, any
    56  person under the age of eighteen years, as a hostess, waitress,  waiter,

        A. 7916                             5

     1  or  in  any  other  capacity  where the duties of such person require or
     2  permit such person to sell,  dispense  or  handle  alcoholic  beverages;
     3  except that: (1) any person under the age of eighteen years and employed
     4  by  any  person  holding  a  grocery or drug store beer license shall be
     5  permitted to handle and deliver beer and wine products for  such  licen-
     6  see, (2) any person under the age of eighteen employed as a cashier by a
     7  person  holding  a grocery or drug store beer license shall be permitted
     8  to record and receive payment for beer and wine product  sales  when  in
     9  the  presence  of  and under the direct supervision of a person eighteen
    10  years of age or over, (2-a) any person under the age of  eighteen  years
    11  and  employed  by  a  person  holding a grocery store or drug store beer
    12  license as either a cashier or in any other position to  which  handling
    13  of  containers  which  may  have  held alcoholic beverages is necessary,
    14  shall be permitted to handle the containers if such have been  presented
    15  for redemption in accordance with the provisions of title ten of article
    16  twenty-seven of the environmental conservation law, [and] (3) any person
    17  under  the  age  of  eighteen years employed as a dishwasher, busboy, or
    18  other such position as to which handling of containers  which  may  have
    19  held  alcoholic beverages is necessary shall be permitted to do so under
    20  the direct supervision of a person of legal age  to  purchase  alcoholic
    21  beverages  in  the state, (4) any person under the age of eighteen years
    22  and employed by any person holding a grocery or drug store wine  license
    23  shall be permitted to handle and deliver wine for such licensee, and (5)
    24  any  person  under the age of eighteen employed as a cashier by a person
    25  holding a grocery or drug store  wine  license  shall  be  permitted  to
    26  record  and  receive  payment for wine when in the presence of and under
    27  the direct supervision of a person eighteen years of age or over.
    28    § 6. Section 100 of the alcoholic beverage control law is  amended  by
    29  adding a new subdivision 2-c to read as follows:
    30    2-c.  No person shall sell, deliver or give away or cause or permit or
    31  procure to be sold, delivered or given away any alcoholic  beverages  to
    32  any  person,  actually or apparently, under the age of twenty-one years.
    33  As a precondition to the sale of any alcoholic beverage,  the  purchaser
    34  of  any  alcoholic  beverage  must  provide  written evidence of age. No
    35  licensee, or agent or employee of a licensee under this  chapter,  shall
    36  accept as written evidence of age by any such person for the purchase of
    37  any  alcoholic beverage, any documentation other than: (a) a valid driv-
    38  er's license or non-driver identification card issued by the commission-
    39  er of motor vehicles, the federal government, any United States territo-
    40  ry, commonwealth or  possession,  the  District  of  Columbia,  a  state
    41  government  within  the  United States or a provincial government of the
    42  dominion of Canada, or (b) a valid passport issued by the United  States
    43  government or any other country, or (c) an identification card issued by
    44  the armed forces of the United States.
    45    §  7.  Paragraph (a) of subdivision 14 of section 105 of the alcoholic
    46  beverage control law, as amended by section 1 of part U of chapter 63 of
    47  the laws of 2003, is amended to read as follows:
    48    (a) No premises licensed to sell liquor and/or wine  for  off-premises
    49  consumption shall be permitted to remain open:
    50    (i)  On  Sunday  before  [twelve  o'clock post meridian] eight o'clock
    51  antemeridian and after nine o'clock post meridian.
    52    (ii) On any day between [midnight and] three o'clock antemeridian  and
    53  eight o'clock antemeridian.
    54    [(iii) On the twenty-fifth day of December, known as Christmas day.]
    55    In  any  community  where daylight saving time is in effect, such time
    56  shall be deemed the standard time for the purpose of this subdivision.

        A. 7916                             6

     1    § 8. Section 105 of the alcoholic beverage control law is  amended  by
     2  adding a new subdivision 24 to read as follows:
     3    24. Cooperative agreements by licensees to sell at retail for consump-
     4  tion  on the premises. Any two or more retail licensees for off-premises
     5  consumption may join in a cooperative agreement to make joint  purchases
     6  of  alcoholic  beverages  in  larger  quantities than might otherwise be
     7  purchased; provided, however, that  all  alcoholic  beverages  purchased
     8  pursuant to any such agreement shall be distributed to none other than a
     9  licensee who is a party to such agreement.
    10    § 9. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
    11  control  law, as amended by chapter 458 of the laws of 1993, are amended
    12  to read as follows:
    13    3-a. No licensee or permittee shall purchase or agree to purchase  any
    14  alcoholic  beverages  from  any  person within the state who is not duly
    15  licensed to sell such alcoholic beverage as the case may be, at the time
    16  of such agreement and sale nor give any order for any alcoholic beverage
    17  to any individual who is not the holder of a solicitor's permit,  except
    18  as  provided for in section eighty-five [or], ninety-nine-g, or seventy-
    19  nine-e, or subdivision ten of section sixty-three of this chapter.
    20    3-b. No retail licensee shall purchase, agree to purchase  or  receive
    21  any  alcoholic  beverage  except  from a person duly licensed within the
    22  state by the liquor authority to sell such  alcoholic  beverage  at  the
    23  time  of  such  agreement  and  sale  to such retail licensee, except as
    24  provided for in section eighty-five  [or],  ninety-nine-g,  or  seventy-
    25  nine-e, or subdivision ten of section sixty-three of this chapter.
    26    §  10.  Subdivision  2 of section 79 of the alcoholic beverage control
    27  law is amended to read as follows:
    28    2. [Not more than one license shall be] Nothing in this section  shall
    29  be  construed  to  prohibit  multiple licenses from being granted to any
    30  person under this section.
    31    § 11. Subdivision 2 of section 105 of the alcoholic  beverage  control
    32  law is REPEALED.
    33    §  12.  Subdivision 7 of section 105 of the alcoholic beverage control
    34  law is REPEALED.
    35    § 13. The alcoholic beverage control law is amended by  adding  a  new
    36  section 79-e to read as follows:
    37    § 79-e. Grocery or drug store wine license. 1. Any person may apply to
    38  the  authority  for a license to sell from the licensed premises wine in
    39  sealed containers for consumption off such premises.
    40    2. No such license shall be issued, however, to  any  person  for  any
    41  premises  other than a grocery store, as defined in subdivision thirteen
    42  of section three of this chapter, or a drug store, as defined in  subdi-
    43  vision twelve of section three of this chapter.
    44    3. (a) Notwithstanding any other provision of this chapter, except for
    45  good cause shown, the authority shall issue a grocery or drug store wine
    46  license  to  the holder of a license to sell beer at retail for consump-
    47  tion off the premises pursuant to section fifty-four of this chapter, or
    48  beer and wine products at retail for consumption off the premises pursu-
    49  ant to section fifty-four-a of this chapter,  at  the  request  of  such
    50  licensee,  or  to the holder of a wholesaler's license issued or renewed
    51  prior to July first, nineteen hundred sixty, and thereafter  renewed  or
    52  transferred,  which authorizes the holder thereof to sell beer at retail
    53  to a person for consumption in his or her home.
    54    (b) For the purposes of this subdivision, the premises of the  grocery
    55  or  drug  store wine licensee shall be the same as the premises licensed
    56  under section fifty-four or fifty-four-a of this chapter.

        A. 7916                             7

     1    (c) Notwithstanding any other provisions of this chapter, any  license
     2  issued pursuant to this section shall run concurrently with the underly-
     3  ing  license  under  section fifty-four or fifty-four-a of this chapter,
     4  and shall be deemed expired at  such  time  as  the  underlying  license
     5  expires.
     6    (d)  Wine  tasting.  Any person licensed to sell wine pursuant to this
     7  article shall be permitted to conduct wine tastings. Wine tastings which
     8  are conducted under the auspices of an official agent of a farm  winery,
     9  winery, wholesaler, or importer and where such agent is physically pres-
    10  ent at all times during the conduct of the tasting, then, in that event,
    11  any  liability  stemming  from  a  right of action resulting from a wine
    12  tasting as authorized pursuant to this section, and in  accordance  with
    13  the  provisions of sections 11-100 and 11-101 of the general obligations
    14  law, shall accrue to the farm winery, winery, wholesaler, or importer.
    15    4. Notwithstanding any other provision of this chapter, the  authority
    16  may  issue  a  license  under this section to the holder of a license to
    17  sell wine at retail for consumption off the premises pursuant to section
    18  seventy-nine of this article, provided that: (a) the licensee meets  the
    19  requirements  of  subdivision two of this section; and (b) upon issuance
    20  of a license, the licensee under this  section  surrenders  the  license
    21  certificate issued pursuant to such section seventy-nine.
    22    5.  Such  application  shall  be  in  such form and shall contain such
    23  information as shall be required by the rules of the authority and shall
    24  be accompanied by a check or draft in the amount required by this  arti-
    25  cle for such license.
    26    6.  Notwithstanding  any  other provisions of this chapter, any person
    27  receiving a license pursuant to this section shall not be subject to the
    28  provisions of subdivision two, three or four of section seventy-nine  of
    29  this article.
    30    7.  Notwithstanding  any  other provisions of this chapter, any person
    31  receiving a license pursuant to this section shall not be subject to the
    32  provisions of paragraph (a) of subdivision three of section one  hundred
    33  five of this chapter.
    34    8.  (a)  A  one-time  franchise  fee  shall be paid for by each retail
    35  outlet to the state liquor  authority.  This  franchise  fee  is  hereby
    36  imposed at a rate of 0.46 of one percent of the total gross sales at the
    37  individual licensed premises of the licensee in the previous year.
    38    (b)  In  the  event  an  applicant  has been in business for less than
    39  twelve months prior to the filing of the application for  this  license,
    40  such  applicant  shall,  in  accordance with the rules of the authority,
    41  remit an estimate of its franchise fee based  on  square  footage  at  a
    42  licensee's location pursuant to the following schedule:
    43  Square Footage at             Franchise Fee
    44  Licensee's Location           Per Location
    45          0-999                 $825
    46    1,000-1,999                 $1,650
    47    2,000-3,999                 $3,300
    48    4,000-9,999                 $8,250
    49  10,000-19,999                 $16,500
    50  20,000-24,999                 $33,000
    51  25,000-29,999                 $82,500
    52  30,000-39,999                 $132,000
    53  40,000 and greater            $495,000
    54    Within  sixty days after such licensee shall have been in business for
    55  twelve months, such licensee shall submit to the authority,  in  accord-
    56  ance  with  the  rules  of the authority, a statement showing its actual

        A. 7916                             8

     1  total gross sales for the first twelve months of operation and the fran-
     2  chise fee due pursuant to paragraph (a)  of  this  subdivision.  In  the
     3  event  the  franchise  fee determined pursuant to such paragraph exceeds
     4  the  amount  paid  pursuant  to this paragraph, the licensee shall remit
     5  payment for the balance  of  the  required  franchise  fee  within  such
     6  sixty-day  period. Failure to remit payment within such sixty-day period
     7  shall be grounds for cancellation or revocation of such license. In  the
     8  event  that  the  franchise  fee  due  pursuant to paragraph (a) of this
     9  subdivision is less than the amount paid pursuant to this paragraph, the
    10  licensee shall be entitled to a refund equal to the  difference  between
    11  the  franchise  fee  paid  pursuant to this paragraph and the amount due
    12  pursuant to paragraph (a) of this subdivision.
    13    (c) No license shall be issued pursuant  to  this  section  until  the
    14  franchise fee or estimated franchise fee under this subdivision required
    15  by  either  paragraph  (a)  or  (b) of this subdivision has been paid in
    16  full.
    17    (d) The franchise fee shall be deposited and disposed of in  the  same
    18  manner as any license fee as provided in section one hundred twenty-five
    19  of this chapter.
    20    9. (a) Any person licensed  to sell wine pursuant to this article that
    21  operates  the  premises  of the grocery or drug store wine licensee that
    22  occupies less than one thousand  square  feet  may  purchase,  agree  to
    23  purchase  or receive any alcoholic beverage from a person licensed under
    24  section sixty-three of  this  chapter  to  sell  liquor  at  retail  for
    25  consumption off the premises.
    26    (b) Any person licensed to sell wine at retail for consumption off the
    27  premises  under  section  seventy-nine  of this article is authorized to
    28  sell wine to persons licensed to sell wine under this article  and  this
    29  section  who  operate  the  premises  of  the grocery or drug store wine
    30  licensee that occupies less than one thousand square feet.
    31    10. The state liquor authority may make such rules as it deems  neces-
    32  sary  to  carry  out the provisions of this section, however, such rules
    33  shall not be construed to place additional limitations upon the  holders
    34  of  licenses  issued  pursuant  to  section seventy-nine of this article
    35  unrelated to the sale of wine.
    36    § 14. Subdivision 10 of section 105 of the alcoholic beverage  control
    37  law,  paragraph  (a)  as  amended by chapter 679 of the laws of 1950, is
    38  amended to read as follows:
    39    10. [(a)] Each retail licensee of liquor and/or wine for  off-premises
    40  consumption  shall  have  conspicuously displayed within the interior of
    41  the licensed premises where sales are made and where it can  be  readily
    42  inspected  by consumers a printed price list of the liquors and/or wines
    43  offered for sale therein; and no liquor and/or wine shall be sold except
    44  at the price set forth in such list[;
    45    (b) No screen, blind, curtain, partition, article or  thing  shall  be
    46  permitted  in  the  windows or upon the doors of such licensed premises,
    47  which shall prevent a clear view into  the  interior  of  such  licensed
    48  premises from the sidewalk, at all times; and
    49    (c)  No booth, screen, partition or other obstruction shall be permit-
    50  ted in the interior of said licensed premises].
    51    § 15. The alcoholic beverage control law is amended by  adding  a  new
    52  section 97-b to read as follows:
    53    §  97-b.  Temporary retail permit for new applicants. 1. The authority
    54  is hereby authorized to issue a temporary retail permit to an  applicant
    55  of a premises that is not licensed when the applicant has filed with the
    56  authority  an  application  for a retail license at such premises or has

        A. 7916                             9

     1  filed renewal of such license. Such application shall be in writing  and
     2  verified  and  shall contain information as the authority shall require.
     3  Such application shall be accompanied by a filing  fee  of  seventy-five
     4  dollars.
     5    2.  Upon  application,  the  authority  shall issue a temporary retail
     6  permit when the applicant has filed with the  authority  an  application
     7  for  a  retail  license  at such premises or a renewal thereof, together
     8  with all required filing and license fees. A temporary permit issued  by
     9  the  authority  pursuant  to  this  section shall be for a period not to
    10  exceed ninety days. A temporary permit may be extended at the discretion
    11  of the authority, for an additional thirty days.
    12    3. Pursuant to this section a  temporary  retail  permit  may  not  be
    13  issued for any premises that is in violation of the provisions of subdi-
    14  vision  seven of section sixty-four, subdivision seven of section sixty-
    15  four-a, subdivision five of section sixty-four-b, subdivision eleven  of
    16  section  sixty-four-c,  subdivision  eight  of  section  sixty-four-d or
    17  subdivision three of section one hundred five of this chapter.
    18    4. A temporary retail permit is a conditional permit and shall author-
    19  ize the holder thereof to, in the case of all other retail applications,
    20  purchase and sell such alcoholic beverages as would be permitted  to  be
    21  purchased  and  sold under the privileges of the license applied for; to
    22  sell alcoholic beverages to consumers only and not for  resale;  and  to
    23  purchase  alcoholic  beverages  only by payment in currency or check for
    24  such alcoholic beverages on or before they are delivered to  such  prem-
    25  ises.
    26    5.  Notwithstanding any other provision of law, a temporary permit may
    27  be summarily cancelled or suspended at any time if the authority  deter-
    28  mines  that  good  cause for such cancellation or suspension exists. The
    29  authority shall promptly notify the holder  of  a  temporary  permit  in
    30  writing  of  such  cancellation  or  suspension  and shall set forth the
    31  reasons for such action.
    32    6. Approval of, or extension of, a temporary retail license shall  not
    33  be deemed as an approval of the retail application.
    34    7.  Notwithstanding any inconsistent provision of law to the contrary,
    35  the authority may promulgate such rules and regulations as may be neces-
    36  sary to carry out the provisions of this section.
    37    § 16. Paragraph (b) of subdivision 3 of section 101-b of the alcoholic
    38  beverage control law, as amended by section 1 of part E of chapter 56 of
    39  the laws of 2006, is amended to read as follows:
    40    (b) No brand of liquor or wine shall be sold  to  or  purchased  by  a
    41  retailer  unless a schedule, as provided by this section, is transmitted
    42  to and received by the liquor authority, and is  then  in  effect.  Such
    43  schedule  shall  be  transmitted  to the authority in such form, manner,
    44  medium and format as the authority may  direct;  shall  be  deemed  duly
    45  verified by the person submitting such schedule upon its transmission to
    46  the  authority;  and shall contain, with respect to each item, the exact
    47  brand or trade name, capacity of package, nature of  contents,  age  and
    48  proof where stated on the label, the number of bottles contained in each
    49  case,  the  bottle  and case price to retailers, the net bottle and case
    50  price paid by the seller, which prices, in each instance, shall be indi-
    51  vidual for each item and not in "combination" with any other  item,  the
    52  discounts  for  quantity, if any, and the discounts for time of payment,
    53  if any. For purposes of this paragraph, in regards to premises  licensed
    54  under  section  sixty-three  of  this  chapter,  "combination" shall not
    55  include wines provided by the same vineyard or distributor to a retailer
    56  and where such wines may be different. Such  brand  of  liquor  or  wine

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     1  shall not be sold to retailers except at the price and discounts then in
     2  effect  unless  prior written permission of the authority is granted for
     3  good cause shown and for reasons not inconsistent with  the  purpose  of
     4  this  chapter.  Such  schedule shall be transmitted by each manufacturer
     5  selling such brand to retailers and  by  each  wholesaler  selling  such
     6  brand to retailers.
     7    §  17.  This  act  shall  take effect on the one hundred eightieth day
     8  after it shall have become a law, provided, however,  section  two-a  of
     9  this  act  shall  take effect on the same date and in the same manner as
    10  part H of chapter 58 of the laws of 2019, takes effect.
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