S T A T E O F N E W Y O R K
________________________________________________________________________
606
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing certain wholesalers authorized to sell beer at retail for
off premises consumption to sell certain goods
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 223 of the laws of
3 2002, 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 shall
6 (1) prohibit a beer wholesaler from (i) acquiring, storing or selling
7 non-alcoholic snack foods, as defined in paragraph (b) of this subdivi-
8 sion, (ii) manufacturing, bottling, storing, or selling non-alcoholic
9 carbonated beverages, (iii) manufacturing, storing or selling non-alco-
10 holic non-carbonated soft drinks, mineral waters, spring waters, drink-
11 ing water, non-taxable malt or cereal beverages, juice drinks, fruit or
12 vegetable juices, ice, liquid beverage mixes and dry or frozen beverage
13 mixes, (iv) acquiring, storing or selling wine products, (v) the sale of
14 promotional items on such premises, or (vi) the sale of tobacco products
15 at retail by wholesalers who are licensed to sell beer and other
16 products at retail, (2) prohibit a wholesaler authorized to sell wine
17 from manufacturing, acquiring or selling wine merchandise, as defined in
18 paragraph (d) of this subdivision, [or] (3) prohibit a licensed winery
19 or licensed farm winery from engaging in the business of a wine whole-
20 saler for New York state labeled wines produced by any licensed winery
21 or licensed farm winery or prohibit such wine wholesaler from exercising
22 any of its rights pursuant to sections seventy-six and seventy-six-a of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03357-01-1
S. 606 2
1 this chapter provided that the operation of such beer and wine whole-
2 salers business shall be subject to such rules and regulations as the
3 liquor authority may prescribe, OR (4) PROHIBIT THE HOLDER OF A WHOLE-
4 SALER'S LICENSE ISSUED OR RENEWED PRIOR TO JULY FIRST, NINETEEN HUNDRED
5 SIXTY AND IS THEREAFTER CONTINUOUSLY RENEWED AND/OR TRANSFERRED, WHICH
6 LICENSE AUTHORIZES THE HOLDER THEREOF TO SELL BEER AT RETAIL FOR OFF
7 PREMISES CONSUMPTION, FROM ACQUIRING, STORING OR SELLING, AND DEVOTING
8 NOT MORE THAN TWENTY-FIVE PERCENT OF THE PUBLIC FLOOR SPACE OF THE
9 LICENSED PREMISES FOR THE DISPLAY AND SALE AT RETAIL OF (I) FOOD,
10 INCLUDING ALL MATERIAL, WHETHER LIQUID, SOLID OR MIXED, AND WHETHER
11 SIMPLE OR COMPOUND, USED OR INTENDED FOR CONSUMPTION BY HUMAN BEINGS OR
12 DOMESTIC ANIMALS NORMALLY KEPT AS HOUSEHOLD PETS, AND ALL SUBSTANCES OR
13 INGREDIENTS TO BE ADDED THERETO FOR ANY PURPOSE, (II) NAPKINS, FACIAL
14 TISSUES, TOILET TISSUES, FOIL WRAPPING, PLASTIC WRAPPING, PAPER TOWELING
15 OR DISPOSABLE PLATES, (III) DETERGENTS, SOAPS OR OTHER CLEANSING AGENTS,
16 (IV) NON-PRESCRIPTION DRUGS, FEMALE HYGIENE PRODUCTS OR TOILETRIES, OR
17 (V) SEASONAL SPECIALTY ITEMS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED
18 TO, CHARCOAL, BARBECUE GRILLS, BARBECUE SUPPLIES, PROPANE GAS, FIREWOOD,
19 ROCK SALT, BEACH UMBRELLAS, SUNGLASSES, SUNBLOCK AND SUCH ITEMS AS
20 PROVIDED BY THE RULES AND REGULATIONS OF THE LIQUOR AUTHORITY.
21 S 2. This act shall take effect immediately.