Bill Text: NY S00355 | 2013-2014 | General Assembly | Introduced
Bill Title: Authorizes certain distiller and winery licensees, singly or jointly, to apply for a special license to sell liquor at retail for consumption off the premises.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S00355 Detail]
Download: New_York-2013-S00355-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
355
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing certain distiller and winery licensees, singly or jointly,
to apply for a special license to sell liquor at retail for consump-
tion off the premises
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 61 of the alcoholic beverage control law is amended
2 by adding a new subdivision 7 to read as follows:
3 7. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY, ANY
4 ONE OR ANY COMBINATION OF DISTILLER LICENSEES OR WINERY LICENSEES,
5 SINGLY OR JOINTLY, MAY APPLY TO THE LIQUOR AUTHORITY FOR A LICENSE OR
6 LICENSES TO SELL LIQUOR AT RETAIL FOR CONSUMPTION OFF THE PREMISES. FOR
7 LICENSEES APPLYING SINGLY, THE DURATION OF SUCH LICENSE SHALL BE CO-EX-
8 TENSIVE WITH THE DURATION OF SUCH LICENSEE'S WINERY LICENSE, AND THE FEE
9 THEREFOR SHALL BE ONE THOUSAND DOLLARS IF SUCH RETAIL PREMISES IS
10 LOCATED WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, FIVE
11 HUNDRED DOLLARS IF SUCH RETAIL PREMISES IS LOCATED WITHIN A CITY HAVING
12 A POPULATION OF LESS THAN ONE MILLION AND MORE THAN ONE HUNDRED THOU-
13 SAND, AND TWO HUNDRED FIFTY DOLLARS FOR RETAIL PREMISES LOCATED ELSE-
14 WHERE WITHIN THE STATE. SUCH LICENSE SHALL ENTITLE THE HOLDER THEREOF TO
15 SELL AT RETAIL FOR CONSUMPTION OFF THE PREMISES ANY NEW YORK STATE
16 LABELLED LIQUOR AND NEW YORK STATE LABELLED WINE. SUCH LICENSE SHALL
17 ALSO ENTITLE THE HOLDER THEREOF TO CONDUCT WINE AND LIQUOR TASTINGS.
18 SUCH LICENSE SHALL ALSO AUTHORIZE THE SALE BY THE HOLDER THEREOF OF NEW
19 YORK STATE LABELLED LIQUOR AND NEW YORK STATE LABELLED WINE IN SEALED
20 CONTAINERS FOR OFF-PREMISES CONSUMPTION, FROM THE SPECIALLY LICENSED
21 PREMISES OF ANY PERSON LICENSED PURSUANT TO SECTION EIGHTY-ONE-A OF THIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02126-02-3
S. 355 2
1 CHAPTER TO SELL WINE OR LIQUOR AT RETAIL FOR CONSUMPTION ON PREMISES IN
2 WHICH THE PRINCIPAL BUSINESS IS THE OPERATION OF A LEGITIMATE THEATER OR
3 SUCH OTHER LAWFUL ADULT ENTERTAINMENT OR RECREATIONAL FACILITY AS THE
4 LIQUOR AUTHORITY MAY CLASSIFY FOR ELIGIBILITY PURSUANT TO SUBDIVISION
5 SIX OF SECTION SIXTY-FOUR-A OF THIS ARTICLE. NOT MORE THAN FIVE SUCH
6 LICENSES SHALL BE ISSUED, EITHER SINGLY OR JOINTLY, TO ANY LICENSED
7 WINERY OR DISTILLERY. ALL OTHER PROVISIONS OF THIS CHAPTER RELATIVE TO
8 LICENSES TO SELL WINE OR LIQUOR AT RETAIL FOR CONSUMPTION OFF THE PREM-
9 ISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH APPLICATION. THE LIQUOR
10 AUTHORITY IS HEREBY AUTHORIZED TO ADOPT SUCH RULES AS IT MAY DEEM NECES-
11 SARY TO CARRY OUT THE PURPOSE OF THIS SUBDIVISION, PROVIDED THAT ALL
12 LICENSES ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO THE
13 SAME RULES AND REGULATIONS AS ARE APPLICABLE TO THE SALE OF WINE OR
14 LIQUOR AT RETAIL FOR CONSUMPTION OFF THE PREMISES OF THE WINERY OR
15 DISTILLERY LICENSEE.
16 S 2. This act shall take effect immediately.
