Bill Text: NY A10269 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides for the sale of tonic water, bitters and maraschino cherries at liquor stores.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-05-13 - referred to economic development [A10269 Detail]

Download: New_York-2021-A10269-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10269

                   IN ASSEMBLY

                                      May 13, 2022
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES  --  (at  request of M. of A. Fahy,
          Carroll) -- read once and referred to the Committee on Economic Devel-
          opment

        AN ACT to amend the alcoholic beverage control law, in relation  to  the
          sale of tonic water, bitters and maraschino cherries at liquor stores

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Paragraph (a) of subdivision 1 of section 104 of the alco-
     2  holic beverage control law, as amended by chapter 2 of the laws of 2013,
     3  is amended to read as follows:
     4    (a) No wholesaler shall be engaged in any other business on the  prem-
     5  ises  to  be  licensed;  except  that  nothing contained in this chapter
     6  shall: (1) prohibit a beer wholesaler from  (i)  acquiring,  storing  or
     7  selling  non-alcoholic  snack foods, as defined in paragraph (b) of this
     8  subdivision, (ii) manufacturing, bottling, storing, or selling non-alco-
     9  holic carbonated beverages,  (iii)  manufacturing,  storing  or  selling
    10  non-alcoholic non-carbonated soft drinks, mineral waters, spring waters,
    11  drinking  water,  non-taxable  malt  or  cereal beverages, juice drinks,
    12  fruit or vegetable juices, ice, liquid beverage mixes and dry or  frozen
    13  beverage  mixes,  (iv)  acquiring, storing or selling wine products, (v)
    14  the sale of promotional items on such premises,  or  (vi)  the  sale  of
    15  tobacco  products at retail by wholesalers who are licensed to sell beer
    16  and other products at retail; (2) prohibit a  wholesaler  authorized  to
    17  sell  wine from manufacturing, acquiring or selling wine merchandise, as
    18  defined in paragraph (d) of this subdivision; (3)  prohibit  a  licensed
    19  winery  or  licensed farm winery from engaging in the business of a wine
    20  wholesaler for New York state labeled wines  produced  by  any  licensed
    21  winery  or  licensed  farm  winery or prohibit such wine wholesaler from
    22  exercising any of its rights pursuant to sections seventy-six and seven-
    23  ty-six-a of this chapter provided that the operation of  such  beer  and
    24  wine wholesalers business shall be subject to such rules and regulations
    25  as  the  liquor  authority may prescribe; (4) prohibit a beer wholesaler
    26  who is authorized to sell beer at retail from  selling  at  retail:  (i)
    27  candy,  chewing  gum and cough drops; (ii) non-refrigerated salsa; (iii)

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06478-10-2
        A. 10269                            2

     1  cigarette lighters, lighter fluid, matches and ashtrays;  (iv)  barbecue
     2  and  picnic-related  products and supplies, which shall include, but not
     3  be limited to, charcoal, grills, propane gas, plastic  and  paper  cups,
     4  paper  or  plastic  tablecloths and coolers; (v) beer making and brewing
     5  supplies and publications, which shall include, but not be  limited  to,
     6  books, magazines, equipment and ingredients; (vi) steins, mugs and other
     7  glassware  appropriate  for  the consumption of beer, malt beverages and
     8  wine products; (vii) items typically used to serve beer and malt  bever-
     9  ages  including,  but not limited to, taps, kegerators, koozies and beer
    10  socks; (viii) lemons, limes and oranges, provided that no more than  two
    11  dozen  of  each  shall be displayed at any one time; (ix) rock salt, ice
    12  and snow melting compounds, snow  shovels;  windshield  washer  solvent;
    13  firewood;  beach  umbrellas;  sunglasses  and sun block; and (x) prepaid
    14  telephone cards; [or] (5) prohibit the installation and operation  of  a
    15  single automated teller machine in the premises of a beer wholesaler who
    16  is  authorized  to  sell beer at retail; or (6) prohibit a liquor whole-
    17  saler from transporting or selling tonic water, bitters  and  maraschino
    18  cherries.  For  the  purposes  of  this  subdivision,  "automated teller
    19  machine" means a device which is linked to the accounts and records of a
    20  banking institution and which enables consumers  to  carry  out  banking
    21  transactions, including but not limited to, account transfers, deposits,
    22  cash withdrawals, balance inquiries and loan payments.
    23    §  2.  Subdivision  4  of section 63 of the alcoholic beverage control
    24  law, as amended by section 3 of part H of chapter  58  of  the  laws  of
    25  2019, is amended to read as follows:
    26    4.  No licensee under this section shall be engaged in any other busi-
    27  ness on the licensed premises. The sale of any of  the  following  shall
    28  not  constitute  engaging in another business within the meaning of this
    29  subdivision:
    30    (a) lottery tickets, when duly authorized and lawfully conducted[, the
    31  sale of];
    32    (b) reusable bags as defined in section 27-2801 of  the  environmental
    33  conservation law[, the sale of];
    34    (c) corkscrews [or the sale of];
    35    (d) ice [or the sale of];
    36    (e)  publications,  including  prerecorded video and/or audio cassette
    37  tapes, or educational seminars, designed to help  educate  consumers  in
    38  their  knowledge  and appreciation of alcoholic beverages, as defined in
    39  section three of this chapter and allowed pursuant to their license[, or
    40  the sale of non-carbonated,];
    41    (f) non-flavored mineral waters, spring waters and drinking waters [or
    42  the sale of];
    43    (g) glasses designed for the consumption of wine, racks  designed  for
    44  the  storage  of  wine,  and  devices  designed to minimize oxidation in
    45  bottles of wine which have been uncorked[, or the sale of];
    46    (h) gift bags,  gift  boxes,  or  wrapping,  for  alcoholic  beverages
    47  purchased  at  the  licensed  premises [shall not constitute engaging in
    48  another business within the meaning of this subdivision];
    49    (i) tonic water;
    50    (j) bitters; and
    51    (k) maraschino cherries.
    52    Any fee obtained from the sale of an educational seminar shall not  be
    53  considered as a fee for any tasting that may be offered during an educa-
    54  tional seminar, provided that such tastings are available to persons who
    55  have  not  paid  to attend the seminar and all tastings are conducted in
    56  accordance with section sixty-three-a of this article.
        A. 10269                            3

     1    § 3. This act shall take effect on the sixtieth  day  after  it  shall
     2  have become a law.