NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2799
SPONSOR: Jones TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
permitting the sale of certain food items in liquor stores; and to
repeal certain provisions of such law relating to the ownership of more
than one liquor license
PURPOSE:
To permit the sale of certain food items in liquor stores and repeals
certain provisions relating to the ownership of more than one liquor
license.
Summary of Provisions:
Section 1. Subdivision 4 of section 63 of the alcoholic beverage control
law, as amended by chapter 360 of the laws of 2017
Section 2. Subdivision 5 of section 63 of the alcoholic beverage control
law is REPEALED and subdivision 6 is renumbered subdivision 5
Section 3. Effective date
JUSTIFICATION:
Small business liquor store owners are and have been restricted by New
York State's archaic liquor laws. This bill will allow these liquor
store owners the ability to increase their line of products to include
items such as gourmet foods. It will also allow the owners of liquor
stores to open a second store thus creating jobs and boosting local
economies.
LEGISLATIVE HISTORY:
01/18/19 referred to economic development
01/08/20 referred to economic development
07/13/20 held for consideration in economic development
02/17/21 referred to economic development
01/05/22 referred to economic development
Fiscal Implications:
To be determined.
Effective Date:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2799
2023-2024 Regular Sessions
IN ASSEMBLY
January 27, 2023
___________
Introduced by M. of A. JONES -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
permitting the sale of certain food items in liquor stores; and to
repeal certain provisions of such law relating to the ownership of
more than one liquor license
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 63 of the alcoholic beverage
2 control law, as amended by section 3 of part H of chapter 58 of the laws
3 of 2019, is amended to read as follows:
4 4. No licensee under this section shall be engaged in any other busi-
5 ness on the licensed premises. The sale of lottery tickets, when duly
6 authorized and lawfully conducted, the sale of reusable bags as defined
7 in section 27-2801 of the environmental conservation law, the sale of
8 corkscrews [or], the sale of ice [or], the sale of publications, includ-
9 ing prerecorded video and/or audio cassette tapes, or educational semi-
10 nars, designed to help educate consumers in their knowledge and appreci-
11 ation of alcoholic beverages, as defined in section three of this
12 chapter and allowed pursuant to their license, [or] the sale of non-car-
13 bonated, non-flavored mineral waters, spring waters and drinking waters
14 [or], the sale of glasses designed for the consumption of wine, racks
15 designed for the storage of wine, and devices designed to minimize
16 oxidation in bottles of wine which have been uncorked, [or the sale of
17 gift bags, gift boxes, or wrapping, for alcoholic beverages purchased at
18 the licensed premises] or the sale of food items typically consumed with
19 wine, including but not limited to cheeses, fruits, vegetables, choco-
20 lates, breads and crackers, shall not constitute engaging in another
21 business within the meaning of this subdivision. Any fee obtained from
22 the sale of an educational seminar shall not be considered as a fee for
23 any tasting that may be offered during an educational seminar, provided
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04381-01-3
A. 2799 2
1 that such tastings are available to persons who have not paid to attend
2 the seminar and all tastings are conducted in accordance with section
3 sixty-three-a of this article.
4 § 2. Subdivision 5 of section 63 of the alcoholic beverage control law
5 is REPEALED and subdivision 6 is renumbered subdivision 5.
6 § 3. This act shall take effect immediately.
