Bill Text: NY A08479 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to allowing bed and breakfasts to sell cider, liquor, beer and wine on the licensed premises.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to economic development [A08479 Detail]

Download: New_York-2017-A08479-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8479
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 16, 2017
                                       ___________
        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Economic Development
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          allowing bed and breakfasts to sell cider, liquor, beer and wine
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 4 of  section  51  of  the  alcoholic  beverage
     2  control  law,  as amended by chapter 431 of the laws of 2014, is amended
     3  to read as follows:
     4    4. A licensed brewery may operate a restaurant, hotel,  an  establish-
     5  ment  designated and commonly known and operated as a bed and breakfast,
     6  catering establishment, or other food and drinking establishment  in  or
     7  adjacent  to the licensed premises and sell at such place, at retail for
     8  consumption on the premises, beer manufactured by the licensee  and  any
     9  New York state labeled beer. All of the provisions of this chapter rela-
    10  tive  to licenses to sell beer at retail for consumption on the premises
    11  shall apply so far as applicable to such licensee.  Notwithstanding  any
    12  other  provision  of  law,  the  licensed brewer may apply to the liquor
    13  authority for a license to sell beer,  wine  or  liquor  at  retail  for
    14  consumption on the premises at such establishment. All of the provisions
    15  of  this  chapter  relative  to licenses to sell beer, wine or liquor at
    16  retail for consumption on the premises shall apply so far as  applicable
    17  to such application.
    18    §  2.  Paragraph (g) of subdivision 2 of section 51-a of the alcoholic
    19  beverage control law, as amended by chapter 431 of the laws of 2014,  is
    20  amended to read as follows:
    21    (g)  operate  a  restaurant,  hotel,  an  establishment designated and
    22  commonly known and operated as a bed and breakfast, catering  establish-
    23  ment,  or  other  food  and drinking establishment in or adjacent to the
    24  licensed premises and sell at such place, at retail for  consumption  on
    25  the  premises,  beer  and cider manufactured by the licensee and any New
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06925-03-7

        A. 8479                             2
     1  York state labeled beer or New York state  labeled  cider.  All  of  the
     2  provisions  of  this chapter relative to licenses to sell beer at retail
     3  for consumption on and off the premises shall apply so far as applicable
     4  to  such  licensee.    Notwithstanding  any  other provision of law, the
     5  licensed farm brewery may apply to the authority  for  a  license  under
     6  this chapter to sell other alcoholic beverages at retail for consumption
     7  on the premises at such establishment;
     8    §  3.  Subparagraph  (ii) of paragraph (f) of subdivision 2 of section
     9  58-c of the alcoholic beverage control law, as amended by chapter 431 of
    10  the laws of 2014, is amended to read as follows:
    11    (ii) operate a restaurant,  hotel,  an  establishment  designated  and
    12  commonly  known and operated as a bed and breakfast, catering establish-
    13  ment, or other food and drinking establishment in  or  adjacent  to  the
    14  licensed  premises  and sell at such place, at retail for consumption on
    15  the premises, cider manufactured by the licensee and any New York  state
    16  labeled  cider. All of the provisions of this chapter relative to licen-
    17  sees to selling cider at retail shall apply. Notwithstanding  any  other
    18  provision  of  law,  the licensed farm cidery may apply to the authority
    19  for a license under this chapter to sell other  alcoholic  beverages  at
    20  retail for consumption on the premises at such establishment;
    21    §  4. Subparagraph (ii) of paragraph (e) of subdivision 2-c of section
    22  61 of the alcoholic beverage control law, as amended by chapter  431  of
    23  the laws of 2014, is amended to read as follows:
    24    (ii)  operate  a  restaurant,  hotel,  an establishment designated and
    25  commonly known and operated as a bed and breakfast, catering  establish-
    26  ment,  or  other  food  and drinking establishment in or adjacent to the
    27  licensed premises and sell at such place, at retail for  consumption  on
    28  the premises, liquor manufactured by the licensee and any New York state
    29  labeled  liquor.  All  of  the  provisions  of  this chapter relative to
    30  licenses to sell liquor at retail for consumption on the premises  shall
    31  apply  so  far as applicable to such licensee. Notwithstanding any other
    32  provision of law, the licensee may apply to the authority for a  license
    33  under  this  chapter  to  sell  other  alcoholic beverages at retail for
    34  consumption on the premises at such establishment.
    35    § 5. Subdivision 5-a of section 64 of the alcoholic  beverage  control
    36  law,  as added by chapter 480 of the laws of 2003, is amended to read as
    37  follows:
    38    5-a. Notwithstanding  the  provisions  of  subdivision  five  of  this
    39  section,  a liquor license may be issued under this section to an estab-
    40  lishment designated and commonly known and operated as a "bed and break-
    41  fast" regardless of whether or not a  restaurant  is  operated  in  such
    42  establishment[, provided that such license shall only permit the sale of
    43  alcoholic beverages to overnight guests of such establishment].
    44    §  6.  Subdivision 4-a of section 76 of the alcoholic beverage control
    45  law, as amended by chapter 431 of the laws of 2014, is amended  to  read
    46  as follows:
    47    4-a.  A licensed winery may operate a restaurant, hotel, an establish-
    48  ment designated and commonly known as  a  bed  and  breakfast,  catering
    49  establishment,  or  other food and drinking establishment in or adjacent
    50  to the licensed premises and sell at such place, at retail for  consump-
    51  tion  on the premises, wine and wine products manufactured by the licen-
    52  see and any New York state labeled wine or New York state  labeled  wine
    53  product.  All  of the provisions of this chapter relative to licenses to
    54  sell wine at retail for consumption on the premises shall apply  so  far
    55  as  applicable  to such licensee. Notwithstanding any other provision of
    56  law, the licensed winery may apply to the authority for a license  under

        A. 8479                             3
     1  article four of this chapter to sell other alcoholic beverages at retail
     2  for consumption on the premises at such establishment.
     3    §  7.  Paragraph (f) of subdivision 2 of section 76-a of the alcoholic
     4  beverage control law, as amended by chapter 431 of the laws of 2014,  is
     5  amended to read as follows:
     6    (f)  operate  a  restaurant,  hotel,  an  establishment designated and
     7  commonly known and operated as a bed and breakfast, catering  establish-
     8  ment,  or  other  food  and drinking establishment in or adjacent to the
     9  licensed premises and sell at such place, at retail for  consumption  on
    10  the premises, wine, cider and wine products manufactured by the licensee
    11  and any New York state labeled wine, New York state labeled cider or New
    12  York  state  labeled wine product. All of the provisions of this chapter
    13  relative to licenses to sell wine at retail for consumption on the prem-
    14  ises shall apply so far as applicable to such licensee.  Notwithstanding
    15  any other provision of law, the licensed winery may apply to the author-
    16  ity for a license under article four of this chapter to sell other alco-
    17  holic beverages at retail for consumption on the premises at such estab-
    18  lishment.
    19    § 8. This act shall take effect immediately.
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