Bill Text: NY S06072 | 2021-2022 | General Assembly | Amended


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-05-24 - referred to economic development [S06072 Detail]

Download: New_York-2021-S06072-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6072--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                      April 5, 2021
                                       ___________

        Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Commerce, Economic  Devel-
          opment  and  Small  Business  --  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
          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, a hotel, an establish-
     5  ment designated and commonly known and operated as a bed and  breakfast,
     6  a 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,  a hotel, an establishment designated and
    22  commonly known and operated as a bed and breakfast,  a  catering  estab-
    23  lishment, or other food and drinking establishment in or adjacent to the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06165-03-1

        S. 6072--A                          2

     1  licensed  premises  and sell at such place, at retail for consumption on
     2  the premises, beer, cider, and braggot manufactured by the licensee  and
     3  any  New  York state labeled beer, New York state labeled braggot or New
     4  York state labeled cider. All of the provisions of this chapter relative
     5  to  licenses  to sell beer, cider, and braggot at retail for consumption
     6  on and off the premises shall apply so far as applicable to such  licen-
     7  see.    Notwithstanding  any  other  provision of law, the licensed farm
     8  brewery may apply to the authority for a license under this  chapter  to
     9  sell other alcoholic beverages at retail for consumption on the premises
    10  at such establishment;
    11    §  3.  Subparagraph  (ii) of paragraph (f) of subdivision 2 of section
    12  58-c of the alcoholic beverage control law, as amended by chapter 431 of
    13  the laws of 2014, is amended to read as follows:
    14    (ii) operate a restaurant, a hotel, an  establishment  designated  and
    15  commonly  known  and  operated as a bed and breakfast, a catering estab-
    16  lishment, or other food and drinking establishment in or adjacent to the
    17  licensed premises and sell at such place, at retail for  consumption  on
    18  the  premises, cider manufactured by the licensee and any New York state
    19  labeled cider. All of the provisions of this chapter relative to  licen-
    20  sees  to  selling cider at retail shall apply. Notwithstanding any other
    21  provision of law, the licensed farm cidery may apply  to  the  authority
    22  for  a  license  under this chapter to sell other alcoholic beverages at
    23  retail for consumption on the premises at such establishment;
    24    § 4. Subparagraph (ii) of paragraph (e) of subdivision 2-c of  section
    25  61  of  the alcoholic beverage control law, as amended by chapter 431 of
    26  the laws of 2014, is amended to read as follows:
    27    (ii) operate a restaurant, a hotel, an  establishment  designated  and
    28  commonly  known  and  operated as a bed and breakfast, a catering estab-
    29  lishment, or other food and drinking establishment in or adjacent to the
    30  licensed premises and sell at such place, at retail for  consumption  on
    31  the premises, liquor manufactured by the licensee and any New York state
    32  labeled  liquor.  All  of  the  provisions  of  this chapter relative to
    33  licenses to sell liquor at retail for consumption on the premises  shall
    34  apply  so  far as applicable to such licensee. Notwithstanding any other
    35  provision of law, the licensee may apply to the authority for a  license
    36  under  this  chapter  to  sell  other  alcoholic beverages at retail for
    37  consumption on the premises at such establishment.
    38    § 5. Subdivision 5-a of section 64 of the alcoholic  beverage  control
    39  law,  as added by chapter 480 of the laws of 2003, is amended to read as
    40  follows:
    41    5-a. Notwithstanding  the  provisions  of  subdivision  five  of  this
    42  section,  a liquor license may be issued under this section to an estab-
    43  lishment designated and commonly known and operated as a "bed and break-
    44  fast" regardless of whether or not a  restaurant  is  operated  in  such
    45  establishment[, provided that such license shall only permit the sale of
    46  alcoholic beverages to overnight guests of such establishment].
    47    §  6.  Subdivision 4-a of section 76 of the alcoholic beverage control
    48  law, as amended by chapter 522 of the laws of 2018, is amended  to  read
    49  as follows:
    50    4-a.  A  licensed  winery may operate a restaurant, a hotel, an estab-
    51  lishment designated and commonly known and operated as a bed and  break-
    52  fast, a catering establishment, or other food and drinking establishment
    53  in  or  adjacent  to  the  licensed  premises and sell at such place, at
    54  retail for consumption on the premises, wine,  mead  and  wine  products
    55  manufactured  by  the licensee and any New York state labeled wine, mead
    56  or New York state labeled wine product. All of the  provisions  of  this

        S. 6072--A                          3

     1  chapter  relative  to licenses to sell wine at retail for consumption on
     2  the premises  shall  apply  so  far  as  applicable  to  such  licensee.
     3  Notwithstanding  any  other  provision  of  law, the licensed winery may
     4  apply  to the authority for a license under article four of this chapter
     5  to sell other alcoholic beverages at retail for consumption on the prem-
     6  ises at such establishment.
     7    § 7. Paragraph (f) of subdivision 2 of section 76-a of  the  alcoholic
     8  beverage  control law, as amended by chapter 522 of the laws of 2018, is
     9  amended to read as follows:
    10    (f) operate a restaurant, a hotel,  an  establishment  designated  and
    11  commonly  known  and  operated as a bed and breakfast, a catering estab-
    12  lishment, or other food and drinking establishment in or adjacent to the
    13  licensed premises and sell at such place, at retail for  consumption  on
    14  the premises, wine, cider, and mead manufactured by the licensee and any
    15  New  York  state  labeled  wine,  New York state labeled cider, New York
    16  state labeled mead or New York state labeled wine product.  All  of  the
    17  provisions  of  this chapter relative to licenses to sell wine at retail
    18  for consumption on the premises shall apply so far as applicable to such
    19  licensee.  Notwithstanding any other provision of law, the licensed farm
    20  winery may apply to the authority for a license under  this  chapter  to
    21  sell other alcoholic beverages at retail for consumption on the premises
    22  at such establishment.
    23    § 8. This act shall take effect immediately.
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