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
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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
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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.
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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,
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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.
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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.
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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
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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
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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
A. 7916 10
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.