Relates to off premise retail license holders; increases the number of licenses authorized under section 63 of the alcoholic beverage control law from one to two licenses.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8547
SPONSOR: Cunningham TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to off
premise retail license holders
PURPOSE OR GENERAL IDEA OF BILL:
To allow any person to hold up to two off-premises retail licenses.
SUMMARY OF PROVISIONS:
Sections 1 would allow a holder of an off-premises retail license to be
granted one additional license to sell liquor/wine at retail for off-
premises Consumption.
Section 2 provides for an immediate effective date.
JUSTIFICATION:
Current law, enacted in 1934 post-prohibition, allowed for only 1 off-
premise retail license to be granted to a person. There are no such
restrictions on any other license in the alcoholic beverage control law
nor any such restriction anywhere in NY statute on any business. This
restriction only exists for Wine and spirit retailers. There are no
restrictions on how many licenses to serve alcohol at bars or restau-
rants a person may be granted. Furthermore, even State Cannabis Law
provides for a person to be granted up to 3 retail dispensary licenses.
This nearly 100-year-old law is amongst the most antiquated in the coun-
try and unnecessarily restrictive on small businesses and economic
development. This is why the 21-member Commission to Study Reform of the
Alcoholic Beverage Control Law, which was established through the FY
2023 State Budget, included the recommendation to change the statute to
allow for more than 1 off premise retail license to be granted to a
licensee.
This legislation embodies that recommendation put forward in the Commis-
sion's final report, voted on by representatives from across the indus-
try including alcohol producers, wholesalers, on- and off-premises
retailers, policymakers, and regulators and represents much-needed
change for a significant and important business sector in New York to
survive and thrive in the 21st Century.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8547
2025-2026 Regular Sessions
IN ASSEMBLY
May 20, 2025
___________
Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to off
premise retail license holders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5 of section 63 of the alcoholic beverage
2 control law is amended to read as follows:
3 5. Not more than [one license] two licenses shall be granted to any
4 person under this section.
5 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13008-01-5
