Bill Text: NY S01905 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to allowing bed and breakfasts to sell cider, liquor, beer and wine on the licensed premises.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S01905 Detail]

Download: New_York-2019-S01905-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1905
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 17, 2019
                                       ___________
        Introduced  by  Sen.  FUNKE  -- 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
          allowing bed and breakfasts to sell cider, liquor, beer and wine
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  4  of  section  51 of the alcoholic beverage
     2  control law, as amended by chapter 431 of the laws of 2014,  is  amended
     3  to read as follows:
     4    4.  A  licensed brewery may operate a restaurant, hotel, an establish-
     5  ment designated and commonly known and operated as a bed and  breakfast,
     6  catering  establishment,  or other food and drinking establishment in or
     7  adjacent to the licensed premises and sell at such place, at retail  for
     8  consumption  on  the premises, beer manufactured by the licensee and any
     9  New York state labeled beer. All of the provisions of this chapter rela-
    10  tive to licenses to sell beer at retail for consumption on the  premises
    11  shall  apply so far as applicable to such licensee.  Notwithstanding any
    12  other provision of law, the licensed brewer  may  apply  to  the  liquor
    13  authority  for  a  license  to  sell  beer, wine or liquor at retail for
    14  consumption on the premises at such establishment. All of the provisions
    15  of this chapter relative to licenses to sell beer,  wine  or  liquor  at
    16  retail  for consumption on the premises shall apply so far as applicable
    17  to such application.
    18    § 2. Paragraph (g) of subdivision 2 of section 51-a of  the  alcoholic
    19  beverage  control law, as amended by chapter 522 of the laws of 2018, is
    20  amended to read as follows:
    21    (g) operate a  restaurant,  hotel,  an  establishment  designated  and
    22  commonly  known and operated as a bed and breakfast, catering establish-
    23  ment, or other food and drinking establishment in  or  adjacent  to  the
    24  licensed  premises  and sell at such place, at retail for consumption on
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01444-02-9
        S. 1905                             2
     1  the premises, beer, cider, and braggot manufactured by the licensee  and
     2  any  New  York state labeled beer, New York state labeled braggot or New
     3  York state labeled cider. All of the provisions of this chapter relative
     4  to  licenses  to sell beer, cider, and braggot at retail for consumption
     5  on and off the premises shall apply so far as applicable to such  licen-
     6  see.    Notwithstanding  any  other  provision of law, the licensed farm
     7  brewery may apply to the authority for a license under this  chapter  to
     8  sell other alcoholic beverages at retail for consumption on the premises
     9  at such establishment;
    10    §  3.  Subparagraph  (ii) of paragraph (f) of subdivision 2 of section
    11  58-c of the alcoholic beverage control law, as amended by chapter 431 of
    12  the laws of 2014, is amended to read as follows:
    13    (ii) operate a restaurant,  hotel,  an  establishment  designated  and
    14  commonly  known and operated as a bed and breakfast, catering establish-
    15  ment, or other food and drinking establishment in  or  adjacent  to  the
    16  licensed  premises  and sell at such place, at retail for consumption on
    17  the premises, cider manufactured by the licensee and any New York  state
    18  labeled  cider. All of the provisions of this chapter relative to licen-
    19  sees to selling cider at retail shall apply. Notwithstanding  any  other
    20  provision  of  law,  the licensed farm cidery may apply to the authority
    21  for a license under this chapter to sell other  alcoholic  beverages  at
    22  retail for consumption on the premises at such establishment;
    23    §  4. Subparagraph (ii) of paragraph (e) of subdivision 2-c of section
    24  61 of the alcoholic beverage control law, as amended by chapter  431  of
    25  the laws of 2014, is amended to read as follows:
    26    (ii)  operate  a  restaurant,  hotel,  an establishment designated and
    27  commonly known and operated as a bed and breakfast, catering  establish-
    28  ment,  or  other  food  and drinking establishment in or adjacent to the
    29  licensed premises and sell at such place, at retail for  consumption  on
    30  the premises, liquor manufactured by the licensee and any New York state
    31  labeled  liquor.  All  of  the  provisions  of  this chapter relative to
    32  licenses to sell liquor at retail for consumption on the premises  shall
    33  apply  so  far as applicable to such licensee. Notwithstanding any other
    34  provision of law, the licensee may apply to the authority for a  license
    35  under  this  chapter  to  sell  other  alcoholic beverages at retail for
    36  consumption on the premises at such establishment.
    37    § 5. Subdivision 5-a of section 64 of the alcoholic  beverage  control
    38  law,  as added by chapter 480 of the laws of 2003, is amended to read as
    39  follows:
    40    5-a. Notwithstanding  the  provisions  of  subdivision  five  of  this
    41  section,  a liquor license may be issued under this section to an estab-
    42  lishment designated and commonly known and operated as a "bed and break-
    43  fast" regardless of whether or not a  restaurant  is  operated  in  such
    44  establishment[, provided that such license shall only permit the sale of
    45  alcoholic beverages to overnight guests of such establishment].
    46    §  6.  Subdivision 4-a of section 76 of the alcoholic beverage control
    47  law, as amended by chapter 522 of the laws of 2018, is amended  to  read
    48  as follows:
    49    4-a.  A licensed winery may operate a restaurant, hotel, an establish-
    50  ment designated and commonly known as  a  bed  and  breakfast,  catering
    51  establishment,  or  other food and drinking establishment in or adjacent
    52  to the licensed premises and sell at such place, at retail for  consump-
    53  tion  on  the premises, wine, mead and wine products manufactured by the
    54  licensee and any New York state labeled wine, mead  or  New  York  state
    55  labeled  wine product. All of the provisions of this chapter relative to
    56  licenses to sell wine at retail for consumption on  the  premises  shall
        S. 1905                             3
     1  apply  so far as applicable to such licensee.  Notwithstanding any other
     2  provision of law, the licensed winery may apply to the authority  for  a
     3  license  under  article  four  of  this  chapter to sell other alcoholic
     4  beverages  at  retail for consumption on the premises at such establish-
     5  ment.
     6    § 7. Paragraph (f) of subdivision 2 of section 76-a of  the  alcoholic
     7  beverage  control law, as amended by chapter 522 of the laws of 2018, is
     8  amended to read as follows:
     9    (f) operate a  restaurant,  hotel,  an  establishment  designated  and
    10  commonly  known and operated as a bed and breakfast, catering establish-
    11  ment, or other food and drinking establishment in  or  adjacent  to  the
    12  licensed  premises  and sell at such place, at retail for consumption on
    13  the premises, wine, cider, and mead manufactured by the licensee and any
    14  New York state labeled wine, New York  state  labeled  cider,  New  York
    15  state  labeled  mead  or New York state labeled wine product. All of the
    16  provisions of this chapter relative to licenses to sell wine  at  retail
    17  for consumption on the premises shall apply so far as applicable to such
    18  licensee.  Notwithstanding any other provision of law, the licensed farm
    19  winery  may  apply  to the authority for a license under this chapter to
    20  sell other alcoholic beverages at retail for consumption on the premises
    21  at such establishment.
    22    § 8. This act shall take effect immediately; provided,  however,  that
    23  if  chapter  522  of  the laws of 2018 shall not have taken effect on or
    24  before such date, sections two, six and seven of  this  act  shall  take
    25  effect on the same date as such chapter takes effect.