Bill Text: NY A10534 | 2019-2020 | General Assembly | Amended
Bill Title: Authorizes retail licensees for on-premises consumption to sell and/or deliver alcoholic beverages for consumption off the premises, within certain size limitations, that such licensees are currently licensed to sell.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-06-10 - print number 10534a [A10534 Detail]
Download: New_York-2019-A10534-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10534--A IN ASSEMBLY May 28, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cymbrowitz) -- read once and referred to the Committee on Economic Development -- 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 authorizing retail licensees for on-premises consumption to sell and/or deliver alcoholic beverages for consumption off the premises The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 106 of the alcoholic beverage 2 control law, as amended by chapter 297 of the laws of 2016, is amended 3 and a new subdivision 3-a is added to read as follows: 4 3. [No] Except as provided in subdivision three-a of this section, no 5 retail licensee for on-premises consumption shall sell, deliver or give 6 away, or cause or permit or procure to be sold, delivered or given away 7 any liquors and/or wines for consumption off the premises where sold. 8 The provisions of this subdivision shall not prohibit a licensed winery 9 or farm winery from allowing a patron to leave the winery or farm winery 10 with a partially consumed bottle of wine provided that the removal of 11 the bottle is done in accordance with subdivision four of section eight- 12 y-one of this chapter. 13 3-a. (a) Notwithstanding any other provision of law to the contrary, a 14 retail licensee for on-premises consumption, upon approval by the 15 authority, may sell and/or deliver certain alcoholic beverages contain- 16 ing wine, mead, or liquor for consumption off the premises where sold. 17 Such licensee may only sell and/or deliver for consumption off the prem- 18 ises alcoholic beverages containing wine, mead, or liquor for which such 19 licensee is licensed to sell for consumption on the premises. 20 (b) A retail licensee for on-premises consumption shall only permit 21 the sale or delivery of alcoholic beverages containing wine, mead, or 22 liquor: 23 (i) with the purchase of food; 24 (ii) in any closed or sealed container not to exceed five fluid ounces 25 per container for wine or mead, thirty-two fluid ounces per container EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16363-03-0A. 10534--A 2 1 for wine or mead mixed with non-alcoholic beverages, and ten fluid ounc- 2 es per container for liquor mixed with non-alcoholic beverages, provided 3 such sale or delivery is consistent with municipal open container ordi- 4 nances; and 5 (iii) during licensed hours of operation. 6 (c) Deliveries shall be made in: 7 (i) a vehicle permitted by the authority; or 8 (ii) a vehicle owned and operated by a retail licensee or its employee 9 provided the person making the delivery shall have upon his or her 10 person while so delivering a copy of the current license issued by the 11 authority. 12 (d) Nothing in this subdivision shall be construed to abrogate the 13 ability of a retail licensee for on-premises consumption to sell beer or 14 cider for consumption off the premises as provided for in this chapter. 15 § 2. This act shall take effect immediately.