Bill Text: NY A08632 | 2009-2010 | 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 25-0)
Status: (Introduced - Dead) 2010-01-06 - referred to economic development [A08632 Detail]
Download: New_York-2009-A08632-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8632--A
2009-2010 Regular Sessions
I N A S S E M B L Y
June 1, 2009
___________
Introduced by M. of A. MORELLE, WRIGHT, KELLNER, CASTRO, JOHN,
P. RIVERA, SCHROEDER, PRETLOW, FIELDS, BOYLAND, HEVESI, ESPAILLAT,
PERRY, POWELL, SCARBOROUGH, PERALTA, J. RIVERA, BENJAMIN -- Multi-
Sponsored by -- M. of A. BING, COOK, HEASTIE, JEFFRIES, LANCMAN, MENG,
PEOPLES, RAMOS, TITONE, TITUS -- read once and referred to the Commit-
tee on Economic Development, Job Creation, Commerce and Industry --
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 S 2. Subdivisions 4 and 5 of section 63 of the alcoholic beverage
4 control law, subdivision 4 as amended by chapter 603 of the laws of
5 1992, are amended and five new subdivisions 7, 8, 9, 10, and 11 are
6 added 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, designed to help educate consumers in their
15 knowledge and appreciation of wine and wine products, as defined in
16 section three of this chapter, or the sale of [non-carbonated, non-fla-
17 vored mineral waters, spring waters and drinking waters] NON-ALCOHOLIC
18 BEVERAGES FOR CONSUMPTION ON OR OFF PREMISES, INCLUDING BUT NOT LIMITED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11873-04-9
A. 8632--A 2
1 TO BOTTLED WATER, JUICE AND SODA BEVERAGES, OR THE SALE OF TOBACCO
2 PRODUCTS OR HERBAL CIGARETTES, PROVIDED THE LICENSEE COMPLIES WITH
3 SECTION THIRTEEN HUNDRED NINETY-NINE-CC OF THE PUBLIC HEALTH LAW, OR THE
4 SALE AT RETAIL OF CIGARS WHICH HAVE BEEN PREPACKAGED BY THE MANUFACTURER
5 IN BOXES OF TEN OR MORE, OR THE SALE OF PUBLICATIONS DESIGNED TO HELP
6 EDUCATE CONSUMERS IN THEIR KNOWLEDGE AND APPRECIATION OF CIGAR PRODUCTS,
7 OR FOOD ITEMS, WHICH SHALL INCLUDE LOCALLY PRODUCED FARM PRODUCTS AND
8 ANY FOOD OR FOOD PRODUCT NOT SPECIFICALLY PREPARED FOR IMMEDIATE
9 CONSUMPTION UPON THE PREMISES, OR THE SALE OF GIFT BAGS AND GIFT BASKETS
10 INCLUDING, BUT NOT LIMITED TO, SHOT GLASSES, SINGLE MALT SCOTCH GLASSES,
11 GRAPPA GLASSES, DECANTERS, OTHER GLASSWARE, FOOD OR FARM PRODUCTS NOT
12 SPECIFICALLY PREPARED FOR IMMEDIATE CONSUMPTION UPON THE PREMISES, ALL
13 OF WHICH IS RELATED TO THE CONSUMPTION AND ENJOYMENT OF WINE AND SPIRITS
14 or the sale of glasses designed for the consumption of wine, racks
15 designed for the storage of wine, and devices designed to minimize
16 oxidation in bottles of wine which have been uncorked[, shall not
17 constitute engaging in another business within the meaning of this
18 subdivision].
19 (B) THE INSTALLATION AND OPERATION OF AUTOMATED TELLER MACHINES SHALL
20 NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF THIS
21 SUBDIVISION. FOR PURPOSES OF THIS SUBDIVISION, "AUTOMATED TELLER
22 MACHINE" MEANS A DEVICE WHICH IS LINKED TO THE ACCOUNTS AND RECORDS OF A
23 BANKING INSTITUTION AND WHICH ENABLES CONSUMERS TO CARRY OUT BANKING
24 TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, ACCOUNT TRANSFERS, DEPOS-
25 ITS, CASH WITHDRAWALS, BALANCE INQUIRIES, AND LOAN PAYMENTS.
26 5. [Not more than one license shall be] NOTHING IN THIS SECTION SHALL
27 BE CONSTRUED TO PROHIBIT MULTIPLE LICENSES FROM BEING granted to any
28 person under this section.
29 7. ANY LICENSE OBTAINED UNDER THIS SECTION INCLUDES AUTHORIZATION TO
30 SELL ALCOHOLIC BEVERAGES FOR RESALE TO LICENSED PREMISES FOR ON-PREMISES
31 CONSUMPTION AS LICENSED BY SECTIONS FIFTY-FIVE, SIXTY-FOUR,
32 SIXTY-FOUR-A, SEVENTY-NINE-B, AND EIGHTY-ONE OF THIS CHAPTER AS PROVIDED
33 IN SUBDIVISIONS THREE-A AND THREE-B OF SECTION ONE HUNDRED TWO OF THIS
34 CHAPTER.
35 8. COMMENCING ON THE EFFECTIVE DATE OF THIS SUBDIVISION, NO ADDITIONAL
36 LICENSES SHALL BE ISSUED PURSUANT TO THIS SECTION EXCEPT AS OUTLINED IN
37 SUBDIVISION NINE OF THIS SECTION. THE PROVISIONS OF THIS SUBDIVISION
38 SHALL NOT APPLY TO (A) THE RENEWAL, TRANSFER OR CONTINUANCE OF A LICENSE
39 PURSUANT TO THIS CHAPTER, (B) AN APPLICATION FOR A LICENSE FILED BEFORE
40 THE EFFECTIVE DATE OF THIS SUBDIVISION, (C) THE ISSUANCE OF A LICENSE IN
41 ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, TO A PERSON WHO
42 PURCHASED THE BUSINESS OPERATIONS OF A LICENSEE, PROVIDED, HOWEVER, THAT
43 ANY PERSON LICENSED UNDER THIS SECTION SHALL MAKE AN APPLICATION TO THE
44 LIQUOR AUTHORITY PRIOR TO SELLING ITS LICENSE TO ANOTHER PERSON.
45 9. ANY EXISTING LICENSE ISSUED UNDER THIS SECTION WHICH IS CANCELED OR
46 REVOKED BY THE LIQUOR AUTHORITY MAY BE AUCTIONED OFF TO THE HIGHEST
47 BIDDER, PROVIDED THAT THE PERSON MEETS ALL THE APPLICABLE REQUIREMENTS.
48 THE AMOUNT OF THE SALE OF THE EXISTING LICENSE AS AUTHORIZED IN THIS
49 SUBDIVISION SHALL BE SUBJECT TO SALES AND COMPENSATING USE TAX AS
50 IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF THE TAX LAW.
51 10. EACH EXISTING LICENSEE SHALL BE AUTHORIZED TO APPLY FOR ONE ADDI-
52 TIONAL LICENSE FOR RETAIL SALE OF LIQUOR FOR CONSUMPTION OFF THE PREM-
53 ISES FOR USE IN THE ESTABLISHMENT OF ANOTHER LICENSED PREMISES, PROVIDED
54 HOWEVER, THE ADDITIONAL PREMISES COMPLIES WITH ALL APPLICABLE
55 RESTRICTIONS AND REQUIREMENTS. THE ADDITIONAL LICENSE ISSUED BY THE
56 AUTHORITY UNDER THIS SUBDIVISION MAY BE SOLD PROVIDED THE PURCHASER
A. 8632--A 3
1 MEETS ALL APPLICABLE REQUIREMENTS, WHICH SALE SHALL BE SUBJECT TO SALES
2 AND COMPENSATING USE TAX AS IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF
3 THE TAX LAW. THE AUTHORIZATION FOR THE ESTABLISHMENT OF A NEW PREMISES
4 OR SALE OF THE ADDITIONAL LICENSE UNDER THIS SUBDIVISION SHALL EXPIRE
5 THREE YEARS FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.
6 11. THE AUTHORITY IS AUTHORIZED TO AUCTION OFF TO THE HIGHEST BIDDER,
7 PROVIDED THAT THE PERSON MEETS ALL THE APPLICABLE REQUIREMENTS, ADDI-
8 TIONAL LICENSES FOR THE SALE OF LIQUOR OR WINE OR BOTH AT RETAIL FOR
9 CONSUMPTION OFF THE PREMISES. THE REVENUE FROM THIS SALE SHALL BE ALLO-
10 CATED FOR THE INCREASED LICENSURE AND ENFORCEMENT EFFORTS OF THE AUTHOR-
11 ITY. THE AUTHORITY SHALL BE AUTHORIZED TO SELL NO MORE THAN FIFTEEN
12 ADDITIONAL LICENSES EVERY TWO YEARS, BEGINNING ON APRIL FIRST, TWO THOU-
13 SAND ELEVEN.
14 S 3. Subdivision 2 of section 79 of the alcoholic beverage control law
15 is amended and four new subdivisions 5, 6, 7, and 8 are added to read as
16 follows:
17 2. [Not more than one license shall be] NOTHING IN THIS SECTION SHALL
18 BE CONSTRUED TO PROHIBIT MULTIPLE LICENSES FROM BEING granted to any
19 person under this section.
20 5. ANY LICENSE OBTAINED UNDER THIS SECTION INCLUDES AUTHORIZATION TO
21 SELL ALCOHOLIC BEVERAGES FOR RESALE TO LICENSED PREMISES FOR ON-PREMISES
22 CONSUMPTION AS LICENSED BY SECTIONS FIFTY-FIVE, SIXTY-FOUR,
23 SIXTY-FOUR-A, SEVENTY-NINE-B, AND EIGHTY-ONE OF THIS CHAPTER AS PROVIDED
24 IN SUBDIVISIONS THREE-A AND THREE-B OF SECTION ONE HUNDRED TWO OF THIS
25 CHAPTER.
26 6. COMMENCING ON THE EFFECTIVE DATE OF THIS SUBDIVISION, NO ADDITIONAL
27 LICENSES SHALL BE ISSUED PURSUANT TO THIS SECTION EXCEPT AS OUTLINED IN
28 SUBDIVISION SEVEN OF THIS SECTION. THE PROVISIONS OF THIS SUBDIVISION
29 SHALL NOT APPLY TO (A) THE RENEWAL, TRANSFER OR CONTINUANCE OF A LICENSE
30 PURSUANT TO THIS CHAPTER, (B) AN APPLICATION FOR A LICENSE FILED BEFORE
31 THE EFFECTIVE DATE OF THIS SUBDIVISION, (C) THE ISSUANCE OF A LICENSE IN
32 ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, TO A PERSON WHO
33 PURCHASED THE BUSINESS OPERATIONS OF A LICENSEE, PROVIDED, HOWEVER, THAT
34 ANY PERSON LICENSED UNDER THIS SECTION SHALL MAKE AN APPLICATION TO THE
35 LIQUOR AUTHORITY PRIOR TO SELLING ITS LICENSE TO ANOTHER PERSON.
36 7. ANY EXISTING LICENSE ISSUED UNDER THIS SECTION WHICH IS CANCELED OR
37 REVOKED BY THE LIQUOR AUTHORITY MAY BE AUCTIONED OFF TO THE HIGHEST
38 BIDDER, PROVIDED THAT THE PERSON MEETS ALL THE APPLICABLE REQUIREMENTS.
39 THE AMOUNT OF THE SALE OF THE EXISTING LICENSE AS AUTHORIZED IN THIS
40 SUBDIVISION SHALL BE SUBJECT TO SALES AND COMPENSATING USE TAX AS
41 IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF THE TAX LAW.
42 8. EACH EXISTING LICENSEE SHALL BE AUTHORIZED TO APPLY FOR ONE ADDI-
43 TIONAL LICENSE FOR RETAIL SALE OF LIQUOR FOR CONSUMPTION OFF THE PREM-
44 ISES FOR USE IN THE ESTABLISHMENT OF ANOTHER LICENSED PREMISES, PROVIDED
45 HOWEVER, THE ADDITIONAL PREMISES COMPLIES WITH ALL APPLICABLE
46 RESTRICTIONS AND REQUIREMENTS. THE ADDITIONAL LICENSE ISSUED BY THE
47 AUTHORITY UNDER THIS SUBDIVISION AS WELL AS ANY EXISTING LICENSE ISSUED
48 UNDER THIS SECTION MAY BE SOLD PROVIDED THE PURCHASER MEETS ALL APPLICA-
49 BLE REQUIREMENTS, WHICH SALE SHALL BE SUBJECT TO SALES AND COMPENSATING
50 USE TAX AS IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF THE TAX LAW. THE
51 AUTHORIZATION FOR THE ESTABLISHMENT OF A NEW PREMISES OR SALE OF THE
52 ADDITIONAL LICENSE UNDER THIS SUBDIVISION SHALL EXPIRE THREE YEARS FROM
53 THE EFFECTIVE DATE OF THIS SUBDIVISION.
54 S 4. Section 83 of the alcoholic beverage control law is amended by
55 adding a new subdivision 8 to read as follows:
A. 8632--A 4
1 8. THE ANNUAL FEE FOR A GROCERY OR DRUG STORE WINE LICENSE PURSUANT TO
2 SECTION SEVENTY-NINE-E OF THIS ARTICLE SHALL BE ONE HUNDRED TEN DOLLARS.
3 WHERE, HOWEVER, THE APPLICANT IS THE HOLDER OF TWO OR MORE SUCH
4 LICENSES, THE ANNUAL FEE FOR EACH ADDITIONAL LICENSE SHALL BE DOUBLE THE
5 AMOUNT HEREINABOVE SET FORTH.
6 S 5. Subdivision 2-a of section 100 of the alcoholic beverage control
7 law, as amended by chapter 249 of the laws of 2002, is amended to read
8 as follows:
9 2-a. No retailer shall employ, or permit to be employed, or shall
10 suffer to work, on any premises licensed for retail sale hereunder, any
11 person under the age of eighteen years, as a hostess, waitress, waiter,
12 or in any other capacity where the duties of such person require or
13 permit such person to sell, dispense or handle alcoholic beverages;
14 except that: (1) any person under the age of eighteen years and employed
15 by any person holding a grocery or drug store beer license shall be
16 permitted to handle and deliver beer and wine products for such licen-
17 see, (2) any person under the age of eighteen employed as a cashier by a
18 person holding a grocery or drug store beer license shall be permitted
19 to record and receive payment for beer and wine product sales when in
20 the presence of and under the direct supervision of a person eighteen
21 years of age or over, (2-a) any person under the age of eighteen years
22 and employed by a person holding a grocery store or drug store beer
23 license as either a cashier or in any other position to which handling
24 of containers which may have held alcoholic beverages is necessary,
25 shall be permitted to handle the containers if such have been presented
26 for redemption in accordance with the provisions of title ten of article
27 twenty-seven of the environmental conservation law, [and] (3) any person
28 under the age of eighteen years employed as a dishwasher, busboy, or
29 other such position as to which handling of containers which may have
30 held alcoholic beverages is necessary shall be permitted to do so under
31 the direct supervision of a person of legal age to purchase alcoholic
32 beverages in the state, (4) ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS
33 AND EMPLOYED BY ANY PERSON HOLDING A GROCERY OR DRUG STORE WINE LICENSE
34 SHALL BE PERMITTED TO HANDLE AND DELIVER WINE FOR SUCH LICENSEE, AND (5)
35 ANY PERSON UNDER THE AGE OF EIGHTEEN EMPLOYED AS A CASHIER BY A PERSON
36 HOLDING A GROCERY OR DRUG STORE WINE LICENSE SHALL BE PERMITTED TO
37 RECORD AND RECEIVE PAYMENT FOR WINE WHEN IN THE PRESENCE OF AND UNDER
38 THE DIRECT SUPERVISION OF A PERSON EIGHTEEN YEARS OF AGE OR OVER.
39 S 6. Section 100 of the alcoholic beverage control law is amended by
40 adding a new subdivision 2-c to read as follows:
41 2-C. NO PERSON SHALL SELL, DELIVER OR GIVE AWAY OR CAUSE OR PERMIT OR
42 PROCURE TO BE SOLD, DELIVERED OR GIVEN AWAY ANY ALCOHOLIC BEVERAGES TO
43 ANY PERSON, ACTUALLY OR APPARENTLY, UNDER THE AGE OF TWENTY-ONE YEARS.
44 AS A PRECONDITION TO THE SALE OF ANY ALCOHOLIC BEVERAGE, THE PURCHASER
45 OF ANY ALCOHOLIC BEVERAGE MUST PROVIDE WRITTEN EVIDENCE OF AGE. NO
46 LICENSEE, OR AGENT OR EMPLOYEE OF A LICENSEE UNDER THIS CHAPTER, SHALL
47 ACCEPT AS WRITTEN EVIDENCE OF AGE BY ANY SUCH PERSON FOR THE PURCHASE OF
48 ANY ALCOHOLIC BEVERAGE, ANY DOCUMENTATION OTHER THAN: (A) A VALID DRIV-
49 ER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD ISSUED BY THE COMMISSION-
50 ER OF MOTOR VEHICLES, THE FEDERAL GOVERNMENT, ANY UNITED STATES TERRITO-
51 RY, COMMONWEALTH OR POSSESSION, THE DISTRICT OF COLUMBIA, A STATE
52 GOVERNMENT WITHIN THE UNITED STATES OR A PROVINCIAL GOVERNMENT OF THE
53 DOMINION OF CANADA, OR (B) A VALID PASSPORT ISSUED BY THE UNITED STATES
54 GOVERNMENT OR ANY OTHER COUNTRY, OR (C) AN IDENTIFICATION CARD ISSUED BY
55 THE ARMED FORCES OF THE UNITED STATES.
A. 8632--A 5
1 S 7. Paragraph (a) of subdivision 14 of section 105 of the alcoholic
2 beverage control law, as amended by section 1 of part U of chapter 63 of
3 the laws of 2003, is amended to read as follows:
4 (a) No premises licensed to sell liquor and/or wine for off-premises
5 consumption shall be permitted to remain open:
6 (i) On Sunday before [twelve o'clock post meridian] EIGHT O'CLOCK
7 ANTEMERIDIAN and after nine o'clock post meridian.
8 (ii) On any day between [midnight and] THREE O'CLOCK ANTEMERIDIAN AND
9 eight o'clock antemeridian.
10 [(iii) On the twenty-fifth day of December, known as Christmas day.]
11 In any community where daylight saving time is in effect, such time
12 shall be deemed the standard time for the purpose of this subdivision.
13 S 8. Section 105 of the alcoholic beverage control law is amended by
14 adding a new subdivision 24 to read as follows:
15 24. COOPERATIVE AGREEMENTS BY LICENSEES TO SELL AT RETAIL FOR CONSUMP-
16 TION ON THE PREMISES. ANY TWO OR MORE RETAIL LICENSEES FOR OFF-PREMISES
17 CONSUMPTION MAY JOIN IN A COOPERATIVE AGREEMENT TO MAKE JOINT PURCHASES
18 OF ALCOHOLIC BEVERAGES IN LARGER QUANTITIES THAN MIGHT OTHERWISE BE
19 PURCHASED; PROVIDED, HOWEVER, THAT ALL ALCOHOLIC BEVERAGES PURCHASED
20 PURSUANT TO ANY SUCH AGREEMENT SHALL BE DISTRIBUTED TO NONE OTHER THAN A
21 LICENSEE WHO IS A PARTY TO SUCH AGREEMENT.
22 S 9. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
23 control law, as amended by chapter 458 of the laws of 1993, are amended
24 to read as follows:
25 3-a. No licensee or permittee shall purchase or agree to purchase any
26 alcoholic beverages from any person within the state who is not duly
27 licensed to sell such alcoholic beverage as the case may be, at the time
28 of such agreement and sale nor give any order for any alcoholic beverage
29 to any individual who is not the holder of a solicitor's permit, except
30 as provided for in section eighty-five [or], ninety-nine-g, OR SEVENTY-
31 NINE-E, OR SUBDIVISION TEN OF SECTION SIXTY-THREE of this chapter.
32 3-b. No retail licensee shall purchase, agree to purchase or receive
33 any alcoholic beverage except from a person duly licensed within the
34 state by the liquor authority to sell such alcoholic beverage at the
35 time of such agreement and sale to such retail licensee, except as
36 provided for in section eighty-five [or], ninety-nine-g, OR
37 SEVENTY-NINE-E, OR SUBDIVISION TEN OF SECTION SIXTY-THREE of this chap-
38 ter.
39 S 10. Subdivision 2 of section 79 of the alcoholic beverage control
40 law is amended to read as follows:
41 2. [Not more than one license shall be] NOTHING IN THIS SECTION SHALL
42 BE CONSTRUED TO PROHIBIT MULTIPLE LICENSES FROM BEING granted to any
43 person under this section.
44 S 11. Subdivision 2 of section 105 of the alcoholic beverage control
45 law is REPEALED.
46 S 12. Subdivision 7 of section 105 of the alcoholic beverage control
47 law is REPEALED.
48 S 13. The alcoholic beverage control law is amended by adding a new
49 section 79-e to read as follows:
50 S 79-E. GROCERY OR DRUG STORE WINE LICENSE. 1. ANY PERSON MAY APPLY TO
51 THE AUTHORITY FOR A LICENSE TO SELL FROM THE LICENSED PREMISES WINE IN
52 SEALED CONTAINERS FOR CONSUMPTION OFF SUCH PREMISES.
53 2. NO SUCH LICENSE SHALL BE ISSUED, HOWEVER, TO ANY PERSON FOR ANY
54 PREMISES OTHER THAN A GROCERY STORE, AS DEFINED IN SUBDIVISION THIRTEEN
55 OF SECTION THREE OF THIS CHAPTER, OR A DRUG STORE, AS DEFINED IN SUBDI-
56 VISION TWELVE OF SECTION THREE OF THIS CHAPTER.
A. 8632--A 6
1 3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, EXCEPT FOR
2 GOOD CAUSE SHOWN, THE AUTHORITY SHALL ISSUE A GROCERY OR DRUG STORE WINE
3 LICENSE TO THE HOLDER OF A LICENSE TO SELL BEER AT RETAIL FOR CONSUMP-
4 TION OFF THE PREMISES PURSUANT TO SECTION FIFTY-FOUR OF THIS CHAPTER, OR
5 BEER AND WINE PRODUCTS AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSU-
6 ANT TO SECTION FIFTY-FOUR-A OF THIS CHAPTER, AT THE REQUEST OF SUCH
7 LICENSEE.
8 (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE PREMISES OF THE GROCERY
9 OR DRUG STORE WINE LICENSEE SHALL BE THE SAME AS THE PREMISES LICENSED
10 UNDER SECTION FIFTY-FOUR OR FIFTY-FOUR-A OF THIS CHAPTER.
11 (C) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY LICENSE
12 ISSUED PURSUANT TO THIS SECTION SHALL RUN CONCURRENTLY WITH THE UNDERLY-
13 ING LICENSE UNDER SECTION FIFTY-FOUR OR FIFTY-FOUR-A OF THIS CHAPTER,
14 AND SHALL BE DEEMED EXPIRED AT SUCH TIME AS THE UNDERLYING LICENSE
15 EXPIRES.
16 (D) WINE TASTING. ANY PERSON LICENSED TO SELL WINE PURSUANT TO THIS
17 ARTICLE SHALL BE PERMITTED TO CONDUCT WINE TASTINGS. WINE TASTINGS WHICH
18 ARE CONDUCTED UNDER THE AUSPICES OF AN OFFICIAL AGENT OF A FARM WINERY,
19 WINERY, WHOLESALER, OR IMPORTER AND WHERE SUCH AGENT IS PHYSICALLY PRES-
20 ENT AT ALL TIMES DURING THE CONDUCT OF THE TASTING, THEN, IN THAT EVENT,
21 ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A WINE
22 TASTING AS AUTHORIZED PURSUANT TO THIS SECTION, AND IN ACCORDANCE WITH
23 THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS
24 LAW, SHALL ACCRUE TO THE FARM WINERY, WINERY, WHOLESALER, OR IMPORTER.
25 4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY
26 MAY ISSUE A LICENSE UNDER THIS SECTION TO THE HOLDER OF A LICENSE TO
27 SELL WINE AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSUANT TO SECTION
28 SEVENTY-NINE OF THIS ARTICLE, PROVIDED THAT: (A) THE LICENSEE MEETS THE
29 REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION; AND (B) UPON ISSUANCE
30 OF A LICENSE, THE LICENSEE UNDER THIS SECTION SURRENDERS THE LICENSE
31 CERTIFICATE ISSUED PURSUANT TO SUCH SECTION SEVENTY-NINE.
32 5. SUCH APPLICATION SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH
33 INFORMATION AS SHALL BE REQUIRED BY THE RULES OF THE AUTHORITY AND SHALL
34 BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY THIS ARTI-
35 CLE FOR SUCH LICENSE.
36 6. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY PERSON
37 RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE
38 PROVISIONS OF SUBDIVISION TWO, THREE OR FOUR OF SECTION SEVENTY-NINE OF
39 THIS ARTICLE.
40 7. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY PERSON
41 RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE
42 PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION ONE HUNDRED
43 FIVE OF THIS CHAPTER.
44 8. (A) A ONE-TIME FRANCHISE FEE SHALL BE PAID FOR BY EACH RETAIL
45 OUTLET TO THE STATE LIQUOR AUTHORITY. THIS FRANCHISE FEE IS HEREBY
46 IMPOSED AT A RATE OF 0.46 OF ONE PERCENT OF THE TOTAL GROSS SALES AT THE
47 INDIVIDUAL LICENSED PREMISES OF THE LICENSEE IN THE PREVIOUS YEAR.
48 (B) IN THE EVENT AN APPLICANT HAS BEEN IN BUSINESS FOR LESS THAN
49 TWELVE MONTHS PRIOR TO THE FILING OF THE APPLICATION FOR THIS LICENSE,
50 SUCH APPLICANT SHALL, IN ACCORDANCE WITH THE RULES OF THE AUTHORITY,
51 REMIT AN ESTIMATE OF ITS FRANCHISE FEE BASED ON SQUARE FOOTAGE AT A
52 LICENSEE'S LOCATION PURSUANT TO THE FOLLOWING SCHEDULE:
53 SQUARE FOOTAGE AT FRANCHISE FEE
54 LICENSEE'S LOCATION PER LOCATION
55 0-999 $825
56 1,000-1,999 $1,650
A. 8632--A 7
1 2,000-3,999 $3,300
2 4,000-9,999 $8,250
3 10,000-19,999 $16,500
4 20,000-24,999 $33,000
5 25,000-29,999 $82,500
6 30,000-39,999 $132,000
7 40,000 AND GREATER $495,000
8 WITHIN SIXTY DAYS AFTER SUCH LICENSEE SHALL HAVE BEEN IN BUSINESS FOR
9 TWELVE MONTHS, SUCH LICENSEE SHALL SUBMIT TO THE AUTHORITY, IN ACCORD-
10 ANCE WITH THE RULES OF THE AUTHORITY, A STATEMENT SHOWING ITS ACTUAL
11 TOTAL GROSS SALES FOR THE FIRST TWELVE MONTHS OF OPERATION AND THE FRAN-
12 CHISE FEE DUE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. IN THE
13 EVENT THE FRANCHISE FEE DETERMINED PURSUANT TO SUCH PARAGRAPH EXCEEDS
14 THE AMOUNT PAID PURSUANT TO THIS PARAGRAPH, THE LICENSEE SHALL REMIT
15 PAYMENT FOR THE BALANCE OF THE REQUIRED FRANCHISE FEE WITHIN SUCH
16 SIXTY-DAY PERIOD. FAILURE TO REMIT PAYMENT WITHIN SUCH SIXTY-DAY PERIOD
17 SHALL BE GROUNDS FOR CANCELLATION OR REVOCATION OF SUCH LICENSE. IN THE
18 EVENT THAT THE FRANCHISE FEE DUE PURSUANT TO PARAGRAPH (A) OF THIS
19 SUBDIVISION IS LESS THAN THE AMOUNT PAID PURSUANT TO THIS PARAGRAPH, THE
20 LICENSEE SHALL BE ENTITLED TO A REFUND EQUAL TO THE DIFFERENCE BETWEEN
21 THE FRANCHISE FEE PAID PURSUANT TO THIS PARAGRAPH AND THE AMOUNT DUE
22 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
23 (C) NO LICENSE SHALL BE ISSUED PURSUANT TO THIS SECTION UNTIL THE
24 FRANCHISE FEE OR ESTIMATED FRANCHISE FEE UNDER THIS SUBDIVISION REQUIRED
25 BY EITHER PARAGRAPH (A) OR (B) OF THIS SUBDIVISION HAS BEEN PAID IN
26 FULL.
27 (D) THE FRANCHISE FEE SHALL BE DEPOSITED AND DISPOSED OF IN THE SAME
28 MANNER AS ANY LICENSE FEE AS PROVIDED IN SECTION ONE HUNDRED TWENTY-FIVE
29 OF THIS CHAPTER.
30 9. (A) ANY PERSON LICENSED TO SELL WINE PURSUANT TO THIS ARTICLE THAT
31 OPERATES THE PREMISES OF THE GROCERY OR DRUG STORE WINE LICENSEE THAT
32 OCCUPIES LESS THAN ONE THOUSAND SQUARE FEET MAY PURCHASE, AGREE TO
33 PURCHASE OR RECEIVE ANY ALCOHOLIC BEVERAGE FROM A PERSON LICENSED UNDER
34 SECTION SIXTY-THREE OF THIS CHAPTER TO SELL LIQUOR AT RETAIL FOR
35 CONSUMPTION OFF THE PREMISES.
36 (B) ANY PERSON LICENSED TO SELL WINE AT RETAIL FOR CONSUMPTION OFF THE
37 PREMISES UNDER SECTION SEVENTY-NINE OF THIS ARTICLE IS AUTHORIZED TO
38 SELL WINE TO PERSONS LICENSED TO SELL WINE UNDER THIS ARTICLE AND THIS
39 SECTION WHO OPERATE THE PREMISES OF THE GROCERY OR DRUG STORE WINE
40 LICENSEE THAT OCCUPIES LESS THAN ONE THOUSAND SQUARE FEET.
41 10. THE STATE LIQUOR AUTHORITY MAY MAKE SUCH RULES AS IT DEEMS NECES-
42 SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION, HOWEVER, SUCH RULES
43 SHALL NOT BE CONSTRUED TO PLACE ADDITIONAL LIMITATIONS UPON THE HOLDERS
44 OF LICENSES ISSUED PURSUANT TO SECTION SEVENTY-NINE OF THIS ARTICLE
45 UNRELATED TO THE SALE OF WINE.
46 S 14. Subdivision 10 of section 105 of the alcoholic beverage control
47 law, paragraph (a) as amended by chapter 679 of the laws of 1950, is
48 amended to read as follows:
49 10. [(a)] Each retail licensee of liquor and/or wine for off-premises
50 consumption shall have conspicuously displayed within the interior of
51 the licensed premises where sales are made and where it can be readily
52 inspected by consumers a printed price list of the liquors and/or wines
53 offered for sale therein; and no liquor and/or wine shall be sold except
54 at the price set forth in such list[;
55 (b) No screen, blind, curtain, partition, article or thing shall be
56 permitted in the windows or upon the doors of such licensed premises,
A. 8632--A 8
1 which shall prevent a clear view into the interior of such licensed
2 premises from the sidewalk, at all times; and
3 (c) No booth, screen, partition or other obstruction shall be permit-
4 ted in the interior of said licensed premises].
5 S 15. The alcoholic beverage control law is amended by adding a new
6 section 97-b to read as follows:
7 S 97-B. TEMPORARY RETAIL PERMIT FOR NEW APPLICANTS. 1. THE AUTHORITY
8 IS HEREBY AUTHORIZED TO ISSUE A TEMPORARY RETAIL PERMIT TO AN APPLICANT
9 OF A PREMISES THAT IS NOT LICENSED WHEN THE APPLICANT HAS FILED WITH THE
10 AUTHORITY AN APPLICATION FOR A RETAIL LICENSE AT SUCH PREMISES OR HAS
11 FILED RENEWAL OF SUCH LICENSE. SUCH APPLICATION SHALL BE IN WRITING AND
12 VERIFIED AND SHALL CONTAIN INFORMATION AS THE AUTHORITY SHALL REQUIRE.
13 SUCH APPLICATION SHALL BE ACCOMPANIED BY A FILING FEE OF SEVENTY-FIVE
14 DOLLARS.
15 2. UPON APPLICATION, THE AUTHORITY SHALL ISSUE A TEMPORARY RETAIL
16 PERMIT WHEN THE APPLICANT HAS FILED WITH THE AUTHORITY AN APPLICATION
17 FOR A RETAIL LICENSE AT SUCH PREMISES OR A RENEWAL THEREOF, TOGETHER
18 WITH ALL REQUIRED FILING AND LICENSE FEES. A TEMPORARY PERMIT ISSUED BY
19 THE AUTHORITY PURSUANT TO THIS SECTION SHALL BE FOR A PERIOD NOT TO
20 EXCEED NINETY DAYS. A TEMPORARY PERMIT MAY BE EXTENDED AT THE DISCRETION
21 OF THE AUTHORITY, FOR AN ADDITIONAL THIRTY DAYS.
22 3. PURSUANT TO THIS SECTION A TEMPORARY RETAIL PERMIT MAY NOT BE
23 ISSUED FOR ANY PREMISES THAT IS IN VIOLATION OF THE PROVISIONS OF SUBDI-
24 VISION SEVEN OF SECTION SIXTY-FOUR, SUBDIVISION SEVEN OF SECTION SIXTY-
25 FOUR-A, SUBDIVISION FIVE OF SECTION SIXTY-FOUR-B, SUBDIVISION ELEVEN OF
26 SECTION SIXTY-FOUR-C, SUBDIVISION EIGHT OF SECTION SIXTY-FOUR-D OR
27 SUBDIVISION THREE OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
28 4. A TEMPORARY RETAIL PERMIT IS A CONDITIONAL PERMIT AND SHALL AUTHOR-
29 IZE THE HOLDER THEREOF TO, IN THE CASE OF ALL OTHER RETAIL APPLICATIONS,
30 PURCHASE AND SELL SUCH ALCOHOLIC BEVERAGES AS WOULD BE PERMITTED TO BE
31 PURCHASED AND SOLD UNDER THE PRIVILEGES OF THE LICENSE APPLIED FOR; TO
32 SELL ALCOHOLIC BEVERAGES TO CONSUMERS ONLY AND NOT FOR RESALE; AND TO
33 PURCHASE ALCOHOLIC BEVERAGES ONLY BY PAYMENT IN CURRENCY OR CHECK FOR
34 SUCH ALCOHOLIC BEVERAGES ON OR BEFORE THEY ARE DELIVERED TO SUCH PREM-
35 ISES.
36 5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A TEMPORARY PERMIT MAY
37 BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE AUTHORITY DETER-
38 MINES THAT GOOD CAUSE FOR SUCH CANCELLATION OR SUSPENSION EXISTS. THE
39 AUTHORITY SHALL PROMPTLY NOTIFY THE HOLDER OF A TEMPORARY PERMIT IN
40 WRITING OF SUCH CANCELLATION OR SUSPENSION AND SHALL SET FORTH THE
41 REASONS FOR SUCH ACTION.
42 6. APPROVAL OF, OR EXTENSION OF, A TEMPORARY RETAIL LICENSE SHALL NOT
43 BE DEEMED AS AN APPROVAL OF THE RETAIL APPLICATION.
44 7. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
45 THE AUTHORITY MAY PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECES-
46 SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
47 S 16. Section 17 of the alcoholic beverage control law is amended by
48 adding a new subdivision 8-b to read as follows:
49 8-B. ON AND AFTER JANUARY FIRST, TWO THOUSAND TEN, THE REPORT PROVIDED
50 FOR IN SUBDIVISION EIGHT OF THIS SECTION SHALL INCLUDE INFORMATION
51 RELATED TO THE NUMBER OF LICENSES APPLIED FOR, RENEWALS SOUGHT AND THE
52 LENGTH OF TIME REQUIRED FOR THE APPROVAL OR DENIAL OF SUCH RETAIL
53 LICENSES AND RENEWALS APPLIED FOR PURSUANT TO SUBDIVISION TWO-C OF
54 SECTION SIXTY-ONE OF THIS CHAPTER AND SECTIONS SIXTY-FOUR, SEVENTY-SIX,
55 SEVENTY-SIX-A, SEVENTY-SIX-C, SEVENTY-SIX-D AND SEVENTY-SIX-F OF THIS
56 CHAPTER.
A. 8632--A 9
1 S 17. Paragraph (b) of subdivision 3 of section 101-b of the alcoholic
2 beverage control law, as amended by section 1 of part E of chapter 56 of
3 the laws of 2006, is amended to read as follows:
4 (b) No brand of liquor or wine shall be sold to or purchased by a
5 retailer unless a schedule, as provided by this section, is transmitted
6 to and received by the liquor authority, and is then in effect. Such
7 schedule shall be transmitted to the authority in such form, manner,
8 medium and format as the authority may direct; shall be deemed duly
9 verified by the person submitting such schedule upon its transmission to
10 the authority; and shall contain, with respect to each item, the exact
11 brand or trade name, capacity of package, nature of contents, age and
12 proof where stated on the label, the number of bottles contained in each
13 case, the bottle and case price to retailers, the net bottle and case
14 price paid by the seller, which prices, in each instance, shall be indi-
15 vidual for each item and not in "combination" with any other item, the
16 discounts for quantity, if any, and the discounts for time of payment,
17 if any. FOR PURPOSES OF THIS PARAGRAPH, IN REGARDS TO PREMISES LICENSED
18 UNDER SECTION SIXTY-THREE OF THIS CHAPTER, "COMBINATION" SHALL NOT
19 INCLUDE WINES PROVIDED BY THE SAME VINEYARD OR DISTRIBUTOR TO A RETAILER
20 AND WHERE SUCH WINES MAY BE DIFFERENT. Such brand of liquor or wine
21 shall not be sold to retailers except at the price and discounts then in
22 effect unless prior written permission of the authority is granted for
23 good cause shown and for reasons not inconsistent with the purpose of
24 this chapter. Such schedule shall be transmitted by each manufacturer
25 selling such brand to retailers and by each wholesaler selling such
26 brand to retailers.
27 S 18. This act shall take effect on the one hundred eightieth day
28 after it shall have become a law.
