S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        4044--A

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                     April 8, 2009
                                      ___________

       Introduced  by  Sens.  SQUADRON,  C. JOHNSON  --  read twice and ordered
         printed, and  when  printed  to  be  committed  to  the  Committee  on
         Commerce,   Economic  Development  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  the
         sale of tonic water, bitters and maraschino cherries at liquor stores

         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 chapter 603 of the laws of 1992, is amended
    3  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 ANY OF THE FOLLOWING SHALL
    6  NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING  OF  THIS
    7  SUBDIVISION:
    8    (A) lottery tickets, when duly authorized and lawfully conducted[, the
    9  sale of];
   10    (B) corkscrews [or the sale of];
   11    (C) ice [or the sale of];
   12    (D)  publications,  including  prerecorded video and/or audio cassette
   13  tapes, designed to help educate consumers in their knowledge and  appre-
   14  ciation  of  wine and wine products, as defined in section three of this
   15  chapter[, or the sale of];
   16    (E) non-carbonated, non-flavored mineral  waters,  spring  waters  and
   17  drinking waters [or the sale of];
   18    (F)  glasses  designed for the consumption of wine, racks designed for
   19  the storage of wine, and  devices  designed  to  minimize  oxidation  in
   20  bottles of wine which have been uncorked[, shall not constitute engaging
   21  in another business within the meaning of this subdivision];
   22    (G) TONIC WATER;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09759-04-9
       S. 4044--A                          2

    1    (H) BITTERS; AND
    2    (I) MARASCHINO CHERRIES.
    3    S  2.  Paragraph  (a) of subdivision 1 of section 104 of the alcoholic
    4  beverage control law, as amended by chapter 223 of the laws of 2002,  is
    5  amended to read as follows:
    6    (a)  No wholesaler shall be engaged in any other business on the prem-
    7  ises to be licensed; except that nothing contained in this chapter shall
    8  (1) prohibit a beer wholesaler from (i) acquiring,  storing  or  selling
    9  non-alcoholic  snack foods, as defined in paragraph (b) of this subdivi-
   10  sion, (ii) manufacturing, bottling, storing,  or  selling  non-alcoholic
   11  carbonated  beverages, (iii) manufacturing, storing or selling non-alco-
   12  holic non-carbonated soft drinks, mineral waters, spring waters,  drink-
   13  ing  water, non-taxable malt or cereal beverages, juice drinks, fruit or
   14  vegetable juices, ice, liquid beverage mixes and dry or frozen  beverage
   15  mixes, (iv) acquiring, storing or selling wine products, (v) the sale of
   16  promotional items on such premises, or (vi) the sale of tobacco products
   17  at  retail  by  wholesalers  who  are  licensed  to  sell beer and other
   18  products at retail, (2) prohibit a wholesaler authorized  to  sell  wine
   19  from manufacturing, acquiring or selling wine merchandise, as defined in
   20  paragraph  (d)  of this subdivision, [or] (3) prohibit a licensed winery
   21  or licensed farm winery from engaging in the business of a  wine  whole-
   22  saler  for  New York state labeled wines produced by any licensed winery
   23  or licensed farm winery or prohibit such wine wholesaler from exercising
   24  any of its rights pursuant to sections seventy-six and seventy-six-a  of
   25  this  chapter  provided  that the operation of such beer and wine whole-
   26  salers business shall be subject to such rules and  regulations  as  the
   27  liquor authority may prescribe, OR (4) PROHIBIT A LIQUOR WHOLESALER FROM
   28  TRANSPORTING OR SELLING TONIC WATER, BITTERS AND MARASCHINO CHERRIES.
   29    S 3. This act shall take effect immediately.