NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5935
SPONSOR: Carroll P TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
allowing bed and breakfasts to sell cider, liquor, beer and wine
PURPOSE OR GENERAL IDEA OF BILL:
This bill would allow for a licensed brewery, farm brewery, farm cidery,
distillery, farm winery or winery to operate a bed and breakfast.
SUMMARY OF PROVISIONS:
Section one of the bill amends the alcoholic beverage control law as it
relates to allowing breweries to operate a bed and breakfast.
Section two of the bill amends the alcoholic beverage control law as it
relates to allowing farm breweries to operate a bed and breakfast.
Section three of the bill amends• the alcoholic beverage control law as
it• relates to allowing farm cideries to operate a bed and breakfast.
Section four of the bill amends the alcoholic beverage control law as it
relates to allowing distilleries to operate a bed and breakfast.
Section five of the bill amends the alcoholic beverage control law as it
relates to removing the prohibition on bed and breakfast establishments
from serving alcohol to anyone other than overnight guest.
Section six of the bill amends the alcoholic beverage control law as it
relates to allowing wineries to operate a bed and breakfast.
Section seven of the bill amends the alcoholic beverage control law as
it relates to allowing farm wineries to operate a bed and breakfast.
Section eight of the bill relates to the effective date.
JUSTIFICATION:
This bill would put bed and breakfasts on par with the full liquor
license that hotel and motels can currently apply for. This bill will
enhance the tourism industry by allowing bed and breakfasts to sell
beer, wine, liquor•and cider. The bill allows for a licensed brewery,
farm brewery, farm cidery, distillery, farm winery or winery to operate
a bed and breakfast. It also removes the requirement that a patron must
be an overnight guest in order for a bed and breakfast to sell them an
alcoholic beverage. In many regions of the state, tourists will choose
to stay at a bed and breakfast instead of a hotel/motel for many
reasons, this bill would allow them to have the same choices for alco-
holic beverages as they would have had they stayed somewhere else. This
will not only support the bed and breakfast economy, but also many New
York State breweries, cideries, distilleries and wineries who would
provide their products for sale.
PRIOR LEGISLATIVE HISTORY:
A.4381 of 2023-24,
A.5319 of 2021-22,
A.1832 of 2019-20,
A.9479 of 2017-18.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act would take effect thirty days after it has become law.
STATE OF NEW YORK
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5935
2025-2026 Regular Sessions
IN ASSEMBLY
February 25, 2025
___________
Introduced by M. of A. P. CARROLL -- read once and referred to the
Committee on Economic Development
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
24 licensed premises and sell at such place, at retail for consumption on
25 the premises, beer, cider, and braggot manufactured by the licensee and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01868-01-5
A. 5935 2
1 any New York state labeled beer, New York state labeled braggot or New
2 York state labeled cider. All of the provisions of this chapter relative
3 to licenses to sell beer, cider, and braggot at retail for consumption
4 on and off the premises shall apply so far as applicable to such licen-
5 see. Notwithstanding any other provision of law, the licensed farm
6 brewery may apply to the authority for a license under this chapter to
7 sell other alcoholic beverages at retail for consumption on the premises
8 at such establishment;
9 § 3. Subparagraph (ii) of paragraph (f) of subdivision 2 of section
10 58-c of the alcoholic beverage control law, as amended by chapter 431 of
11 the laws of 2014, is amended to read as follows:
12 (ii) operate a restaurant, a hotel, an establishment designated and
13 commonly known and operated as a bed and breakfast, a catering estab-
14 lishment, or other food and drinking establishment in or adjacent to the
15 licensed premises and sell at such place, at retail for consumption on
16 the premises, cider manufactured by the licensee and any New York state
17 labeled cider. All of the provisions of this chapter relative to licen-
18 sees to selling cider at retail shall apply. Notwithstanding any other
19 provision of law, the licensed farm cidery may apply to the authority
20 for a license under this chapter to sell other alcoholic beverages at
21 retail for consumption on the premises at such establishment;
22 § 4. Subparagraph (ii) of paragraph (e) of subdivision 2-c of section
23 61 of the alcoholic beverage control law, as amended by chapter 431 of
24 the laws of 2014, is amended to read as follows:
25 (ii) operate a restaurant, a hotel, an establishment designated and
26 commonly known and operated as a bed and breakfast, a catering estab-
27 lishment, or other food and drinking establishment in or adjacent to the
28 licensed premises and sell at such place, at retail for consumption on
29 the premises, liquor manufactured by the licensee and any New York state
30 labeled liquor. All of the provisions of this chapter relative to
31 licenses to sell liquor at retail for consumption on the premises shall
32 apply so far as applicable to such licensee. Notwithstanding any other
33 provision of law, the licensee may apply to the authority for a license
34 under this chapter to sell other alcoholic beverages at retail for
35 consumption on the premises at such establishment.
36 § 5. Subdivision 5-a of section 64 of the alcoholic beverage control
37 law, as added by chapter 480 of the laws of 2003, is amended to read as
38 follows:
39 5-a. Notwithstanding the provisions of subdivision five of this
40 section, a liquor license may be issued under this section to an estab-
41 lishment designated and commonly known and operated as a "bed and break-
42 fast" regardless of whether or not a restaurant is operated in such
43 establishment[, provided that such license shall only permit the sale of
44 alcoholic beverages to overnight guests of such establishment].
45 § 6. Subdivision 4-a of section 76 of the alcoholic beverage control
46 law, as amended by chapter 522 of the laws of 2018, is amended to read
47 as follows:
48 4-a. A licensed winery may operate a restaurant, a hotel, an estab-
49 lishment designated and commonly known and operated as a bed and break-
50 fast, a catering establishment, or other food and drinking establishment
51 in or adjacent to the licensed premises and sell at such place, at
52 retail for consumption on the premises, wine, mead and wine products
53 manufactured by the licensee and any New York state labeled wine, mead
54 or New York state labeled wine product. All of the provisions of this
55 chapter relative to licenses to sell wine at retail for consumption on
56 the premises shall apply so far as applicable to such licensee.
A. 5935 3
1 Notwithstanding any other provision of law, the licensed winery may
2 apply to the authority for a license under article four of this chapter
3 to sell other alcoholic beverages at retail for consumption on the prem-
4 ises at such establishment.
5 § 7. Paragraph (f) of subdivision 2 of section 76-a of the alcoholic
6 beverage control law, as amended by chapter 522 of the laws of 2018, is
7 amended to read as follows:
8 (f) operate a restaurant, a hotel, an establishment designated and
9 commonly known and operated as a bed and breakfast, a catering estab-
10 lishment, or other food and drinking establishment in or adjacent to the
11 licensed premises and sell at such place, at retail for consumption on
12 the premises, wine, cider, and mead manufactured by the licensee and any
13 New York state labeled wine, New York state labeled cider, New York
14 state labeled mead or New York state labeled wine product. All of the
15 provisions of this chapter relative to licenses to sell wine at retail
16 for consumption on the premises shall apply so far as applicable to such
17 licensee. Notwithstanding any other provision of law, the licensed farm
18 winery may apply to the authority for a license under this chapter to
19 sell other alcoholic beverages at retail for consumption on the premises
20 at such establishment.
21 § 8. This act shall take effect immediately.
