Bill Text: NY S08565 | 2019-2020 | General Assembly | Introduced
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) 2020-06-16 - REFERRED TO RULES [S08565 Detail]
Download: New_York-2019-S08565-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8565 IN SENATE June 16, 2020 ___________ Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 26 for wine or mead mixed with non-alcoholic beverages, and ten fluid ounc- 27 es per container for liquor mixed with non-alcoholic beverages, provided EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16363-04-0S. 8565 2 1 such sale or delivery is consistent with municipal open container ordi- 2 nances; and 3 (iii) during licensed hours of operation. 4 (c) Deliveries shall be made in: 5 (i) a vehicle permitted by the authority; or 6 (ii) a vehicle owned and operated by a retail licensee or its employee 7 provided the person making the delivery shall have upon his or her 8 person while so delivering a copy of the current license issued by the 9 authority. 10 (d) Nothing in this subdivision shall be construed to abrogate the 11 ability of a retail licensee for on-premises consumption to sell beer or 12 cider for consumption off the premises as provided for in this chapter. 13 § 2. This act shall take effect immediately.