STATE OF NEW YORK
________________________________________________________________________
5358
2011-2012 Regular Sessions
IN SENATE
May 11, 2011
___________
Introduced by Sen. O'MARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business
AN ACT to amend the alcoholic beverage control law and the state finance
law, in relation to establishing the wine industry and liquor store
development act; and to repeal certain provisions of the alcoholic
beverage control law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "wine industry and liquor store development act".
3 § 2. Subdivision 8-b of section 17 of the alcoholic beverage control
4 law, as added by chapter 396 of the laws of 2010, is amended to read as
5 follows:
6 8-b. On and after January first, two thousand eleven, the report
7 provided for in subdivision eight of this section shall include informa-
8 tion related to the number of licenses applied for, renewals sought and
9 the length of time required for the approval or denial of such retail
10 [license] licenses and renewals applied for pursuant to subdivision
11 two-c of section sixty-one, section sixty-four, section seventy-six,
12 section seventy-six-a, section seventy-six-c, section seventy-six-d, and
13 section seventy-six-f of this chapter.
14 § 3. Subdivisions 4 and 5 of section 63 of the alcoholic beverage
15 control law, subdivision 4 as amended by chapter 603 of the laws of
16 1992, are amended and two new subdivisions 7 and 8 are added to read as
17 follows:
18 4. (a) No licensee under this section shall be engaged in any other
19 business on the licensed premises. The sale of products complementary to
20 the business of the licensed premises shall not constitute engaging in
21 another business within the meaning of this subdivision. Such products
22 shall include but not be limited to the sale of lottery tickets, when
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11108-07-1
S. 5358 2
1 duly authorized and lawfully conducted, the sale of corkscrews or the
2 sale of ice or the sale of publications, including prerecorded video
3 and/or audio cassette tapes, designed to help educate consumers in their
4 knowledge and appreciation of wine and wine products, as defined in
5 section three of this chapter, or the sale of [non-carbonated, non-fla-
6 vored mineral waters, spring waters and drinking waters or the sale of
7 glasses designed for the consumption of wine] bottled water, mixers,
8 juice and soda, or the sale of cigars, cigar accessories including but
9 not limited to humidors, lighters and cutters, cigar related publica-
10 tions designed to help educate consumers in their knowledge and appreci-
11 ation of cigar products, newspapers or food items including but not
12 limited to locally grown farm products and any food not specifically
13 prepared for immediate on premises consumption and food products typi-
14 cally consumed with alcoholic beverages, including but not limited to
15 snack foods and gourmet foods, gifts, gift bags and gift baskets, glass-
16 ware and decanters related to the consumption or storage of wine and/or
17 liquor, wine refrigerators and coolers, wine making publications and
18 supplies, racks designed for the storage of wine, and devices designed
19 to minimize oxidation in bottles of wine which have been uncorked[,
20 shall not constitute engaging in another business within the meaning of
21 this subdivision].
22 (b) The installation and operation of automated teller machines shall
23 not constitute engaging in another business within the meaning of this
24 subdivision. For purposes of this subdivision, "automated teller
25 machine" means a device which is linked to the accounts and records of a
26 banking institution and which enables consumers to carry out banking
27 transactions, including, but not limited to, account transfers, depos-
28 its, cash withdrawals, balance inquiries, and loan payments.
29 5. [Not more than one license shall be] Nothing in this section shall
30 be construed to prohibit multiple licenses from being granted to any
31 person under this section except grocery and drug stores licensed pursu-
32 ant to section seventy-nine-e of this chapter.
33 7. Any license under this section granted for licensed premises occu-
34 pying less than three thousand square feet, includes the privileges to
35 sell up to fifteen bottles of liquor and/or wine in any thirty day peri-
36 od to any person licensed under this chapter to sell liquor at retail
37 for consumption on the premises and wine to any person licensed under
38 this chapter to sell wine at retail for consumption on the premises.
39 Such sales shall not be subject to the provisions of section one hundred
40 one-aa or one hundred one-b of this chapter.
41 8. Every licensee under this section shall have an individual in a
42 position of management and control assigned to it who has been issued a
43 certificate of completion from an approved alcohol training awareness
44 program.
45 § 4. Subdivision 2 of section 79 of the alcoholic beverage control law
46 is amended and two new subdivisions 5 and 6 are added to read as
47 follows:
48 2. [Not more than one license shall be] Nothing in this section shall
49 be construed to prohibit multiple licenses from being granted to any
50 person under this section except grocery and drug stores licensed pursu-
51 ant to section seventy-nine-e of this article.
52 5. Any license under this section granted for licensed premises occu-
53 pying less than three thousand square feet includes the privileges to
54 sell up to fifteen bottles of liquor and/or wine in any thirty day peri-
55 od to any person licensed under this chapter to sell wine at retail for
56 consumption off the premises or any person holding a single license
S. 5358 3
1 granted pursuant to section seventy-nine-e of this article. Such sales
2 shall not be subject to the provisions of section one hundred one-aa or
3 one hundred one-b of this chapter.
4 6. Every licensee under this section shall have an individual in a
5 position of management and control assigned to it who has been issued a
6 certificate of completion from an approved alcohol training awareness
7 program.
8 § 5. The alcoholic beverage control law is amended by adding a new
9 section 79-e to read as follows:
10 § 79-e. Grocery or drug store wine license. 1. Any person may apply to
11 the authority for a license to sell from the licensed premises wine in
12 sealed containers for consumption off such premises; provided, however
13 that no person licensed pursuant to this section may apply for a ware-
14 house permit pursuant to section ninety-six of this chapter.
15 2. No such license shall be issued, however, to any person for any
16 premises other than a grocery store, as defined in subdivision thirteen
17 of section three of this chapter, or a drug store, as defined in subdi-
18 vision twelve of section three of this chapter.
19 3. (a) Notwithstanding any other provision of this chapter, except for
20 good cause shown, the authority shall issue a grocery or drug store wine
21 license to the holder of a license to sell beer at retail for consump-
22 tion off the premises pursuant to section fifty-four of this chapter, or
23 beer and wine products at retail for consumption off the premises pursu-
24 ant to section fifty-four-a of this chapter, at the request of such
25 licensee.
26 (b) For the purposes of this subdivision, the premises of the grocery
27 or drug store wine licensee shall be the same as the premises licensed
28 under section fifty-four or fifty-four-a of this chapter.
29 (c) Notwithstanding any other provisions of this chapter, any license
30 issued pursuant to this section shall run concurrently with the underly-
31 ing license under section fifty-four or fifty-four-a of this chapter,
32 and shall be deemed expired at such time as the underlying license
33 expires.
34 (d) Any person licensed to sell wine pursuant to this article shall be
35 permitted to conduct wine tastings. Wine tastings which are conducted
36 under the auspices of an official agent of a farm winery, winery, whole-
37 saler, or importer and where such agent is physically present at all
38 times during the conduct of the tasting, then, in that event, any
39 liability stemming from a right of action resulting from a wine tasting
40 as authorized pursuant to this section, and in accordance with the
41 provisions of sections 11-100 and 11-101 of the general obligations law,
42 shall accrue to the farm winery, winery, wholesaler, or importer.
43 4. Notwithstanding any other provision of this chapter, the authority
44 may issue a license under this section to the holder of a license to
45 sell wine at retail for consumption off the premises pursuant to section
46 seventy-nine of this article, provided that: (a) the licensee meets the
47 requirements of subdivision two of this section; and (b) upon issuance
48 of a license, the licensee under this section surrenders the license
49 certificate issued pursuant to such section seventy-nine.
50 5. Such application shall be in such form and shall contain such
51 information as shall be required by the rules of the authority and shall
52 be accompanied by a check or draft in the amount required by this arti-
53 cle for such license.
54 6. Notwithstanding any other provisions of this chapter, any person
55 receiving a license pursuant to this section shall not be subject to the
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1 provisions of subdivision two, three or four of section seventy-nine of
2 this article.
3 7. Notwithstanding any other provisions of this chapter, any person
4 receiving a license pursuant to this section shall not be subject to the
5 provisions of paragraph (a) of subdivision three of section one hundred
6 five of this chapter.
7 8. (a) A one-time franchise fee shall be paid by each retail outlet to
8 the state liquor authority. This franchise fee is hereby imposed pursu-
9 ant to the following schedule per location based upon gross sales in the
10 previous year:
11 AnnualSalesFranchiseFeePerLocation
12 $0-$249,999$1,000
13 $250,000-$499,9990.39ofonepercentoftotalgrosssales
14 $500,000-$999,9990.39ofonepercentoftotalgrosssales
15 $1,000,000-$2,499,0000.49ofonepercentoftotalgrosssales
16 $2,500,000-$4,999,9990.49ofonepercentoftotalgrosssales
17 $5,000,000-$9,999,9990.49ofonepercentoftotalgrosssales
18 $10,000,000-$24,999,9990.99ofonepercentoftotalgrosssales
19 $25,000,000-$39,999,9991.5ofonepercentoftotalgrosssales
20 $40,000,000andgreater1.7percentoftotalgrosssales
21 Warehousestores2.0percentoftotalgrosssales
22 For the purposes of this paragraph, "total gross sales" shall not
23 include sales resulting from the sale of tobacco as defined by article
24 twenty of the tax law, motor fuel as defined by article twelve-A of the
25 tax law nor shall it include a membership fee pursuant to section nine-
26 ty-six of this chapter. For the purposes of this paragraph, notwith-
27 standing the gross sales of the applicant, an establishment that charges
28 a membership fee to its customers shall be deemed a "warehouse store".
29 (b) In the event an applicant has been in business for less than
30 twelve months prior to the filing of the application for this license,
31 such applicant shall, in accordance with the rules of the authority,
32 remit an estimate of its franchise fee based on square footage at a
33 licensee's location pursuant to the following schedule:
34 SquareFootageLicensee'sFranchiseFeePerLocation
35 Location
36 0-999$825
37 1,000-1,999$1,650
38 2,000-3,999$3,300
39 4,000-9,999$8,250
40 10,000-19,999$16,500
41 20,000-24,999$33,000
42 25,000-29,999$82,500
43 30,000-39,999$132,000
44 40,000-79,999$250,000
45 80,000andgreater$350,000
46 Within sixty days after such licensee shall have been in business for
47 twelve months, such licensee shall submit to the authority, in accord-
48 ance with the rules of the authority, a statement showing its actual
49 total gross sales for the first twelve months of operation and the fran-
50 chise fee due pursuant to paragraph (a) of this subdivision. In the
51 event the franchise fee determined pursuant to such paragraph exceeds
52 the amount paid pursuant to this paragraph, the licensee shall remit
53 payment for the balance of the required franchise fee within such
54 sixty-day period. Failure to remit payment within such sixty-day period
55 shall be grounds for cancellation or revocation of such license. In the
56 event that the franchise fee due pursuant to paragraph (a) of this
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1 subdivision is less than the amount paid pursuant to this paragraph, the
2 licensee shall be entitled to a refund equal to the difference between
3 the franchise fee paid pursuant to this paragraph and the amount due
4 pursuant to paragraph (a) of this subdivision.
5 (c) No license shall be issued pursuant to this section until the
6 franchise fee or estimated franchise fee under this subdivision required
7 by either paragraph (a) or (b) of this subdivision has been paid in
8 full.
9 9. Every licensee under this section shall have an individual in a
10 position of management and control assigned to it who has been issued a
11 certificate of completion from an approved alcohol training awareness
12 program.
13 10. Notwithstanding subdivision eight of this section, no franchise
14 fee shall be required from an applicant who is purchasing the business
15 of a licensee who has already paid a franchise fee, provided that such
16 applicant continues the business operation at the same geographic
17 location as the licensee. In the event the applicant subsequently
18 removes the business to another location, payment of the appropriate
19 franchise fee shall be required prior to the approval of the removal
20 pursuant to subdivision three of section ninety-nine-d of this chapter.
21 11. The authority may make such rules as it deems necessary to carry
22 out the provisions of this section, however, such rules shall not be
23 construed to place additional limitations upon the holders of licenses
24 issued pursuant to section seventy-nine of this article unrelated to the
25 sale of wine.
26 § 6. Section 83 of the alcoholic beverage control law is amended by
27 adding a new subdivision 8 to read as follows:
28 8. The annual fee for a grocery or drug store wine license pursuant to
29 section seventy-nine-e of this article shall be five hundred dollars.
30 Where, however, the applicant is the holder of two or more such
31 licenses, the annual fee for each additional license shall be one thou-
32 sand dollars. Ten percent of the overall fees paid up to one million
33 dollars shall be deposited to the miscellaneous special revenue fund
34 (339) wine industry marketing and promotion account for appropriation
35 and allocation to the New York wine marketing program, as established in
36 section three-a of chapter eighty of the laws of nineteen eighty-five,
37 such section as added by chapter three hundred thirty of the laws of two
38 thousand four. Further, ten percent of the overall fees paid up to two
39 million dollars per year shall be appropriated to make state assistance
40 payments to not-for-profit conservation organizations for farmland
41 protection programs pursuant to section three hundred twenty-five-a of
42 the agriculture and markets law.
43 § 7. The state finance law is amended by adding a new section 97-kkkk
44 to read as follows:
45 § 97-kkkk. New York wine industry marketing and promotion account. 1.
46 There is hereby established in the joint custody of the state comp-
47 troller and the commissioner of taxation and finance an account to be
48 known as the New York wine industry marketing and promotion account.
49 2. Such account shall consist of revenues received from grocery or
50 drug store wine license fees pursuant to subdivision eight of section
51 eighty-three of the alcoholic beverage control law.
52 3. Moneys of the account, following appropriation by the legislature,
53 shall be expended in accordance with the provisions of section three-a
54 of chapter eighty of the laws of nineteen hundred eighty-five, such
55 section as added by chapter three hundred thirty of the laws of two
56 thousand four. Moneys shall be paid out of the account on the audit and
S. 5358 6
1 warrant of the state comptroller on vouchers certified or approved by
2 the commissioner of agriculture and markets.
3 § 8. Section 97-a of the alcoholic beverage control law is REPEALED
4 and a new section 97-a is added to read as follows:
5 § 97-a. Temporary retail permit. 1. The authority is hereby authorized
6 to issue a temporary retail permit:
7 (a) to the transferee of a retail license to continue the operations
8 of a retail premises during the period that the transfer application for
9 the license from person to person at the same premises is pending; or
10 (b) to the applicant for a new retail license where the prospective
11 licensed premises is located in a municipality with a population of less
12 than one million during the period that the application is pending.
13 2. Such a permit may be issued if all of the following conditions are
14 met:
15 (a) the applicant for the temporary permit shall have filed with the
16 authority an application for a retail license at such premises, together
17 with all required filing and license fees;
18 (b) the applicant shall have filed with the authority an application
19 for a temporary retail permit, accompanied by a nonrefundable filing fee
20 of one hundred twenty-eight dollars for all retail beer licenses or six
21 hundred forty dollars for all other retail licenses; provided, however,
22 that no temporary retail permit shall be issued to an applicant for a
23 license pursuant to section seventy-nine-e of this chapter until the
24 franchise fee or estimated franchise fee required by either paragraph
25 (a) or (b) of subdivision eight of section seventy-nine-e of this chap-
26 ter has been paid in full. In the event such application is denied, the
27 applicant shall receive a refund of the franchise fee or estimated fran-
28 chise fee;
29 (c) in the case of a transfer application, the premises shall have
30 been operated under a retail license within thirty days of the date of
31 filing the application for a temporary permit; and
32 (d) at the time the permit is issued the current license, if any, in
33 effect for said premises shall have been surrendered to, placed into
34 safekeeping with, or otherwise deemed abandoned by the authority.
35 3. A temporary retail permit under paragraph (b) of subdivision one of
36 this section may not be issued for any premises that is subject to the
37 provisions of section sixty-three, paragraph (b) of subdivision seven of
38 section sixty-four, subparagraph (ii) of paragraph (a) of subdivision
39 seven of section sixty-four-a, subparagraph (ii) of paragraph (a) of
40 subdivision eleven of section sixty-four-c, paragraph (b) of subdivision
41 eight of section sixty-four-d, or section seventy-nine of this chapter.
42 4. A temporary retail permit issued by the authority pursuant to this
43 section shall be for a period not to exceed ninety days. A temporary
44 permit may be extended at the discretion of the authority, for an addi-
45 tional thirty day period upon payment of an additional fee of sixty-four
46 dollars for all retail beer licenses and ninety-six dollars for all
47 other temporary permits and upon compliance with all conditions required
48 in this section. The authority may, in its discretion, issue additional
49 thirty day extensions upon payment of the appropriate fee.
50 5. A temporary retail permit is a conditional permit and authorizes
51 the holder thereof:
52 (a) in the case of a transfer application to purchase and sell such
53 alcoholic beverages as would be permitted to be purchased and sold under
54 the privileges of the retail license for which the transfer application
55 has been filed;
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1 (b) in the case of all other retail applications, to purchase and sell
2 such alcoholic beverages as would be permitted to be purchased and sold
3 under the privileges of the license applied for; and
4 (c) to sell such alcoholic beverages to consumers only and not for
5 resale.
6 6. The holder of a temporary retail permit shall purchase alcoholic
7 beverages only by payment in currency or check for such alcoholic bever-
8 ages on or before the day such alcoholic beverages are delivered,
9 provided, however, that the holder of a temporary permit issued pursuant
10 to this section who also holds one or more retail licenses and is oper-
11 ating under such retail license or licenses in addition to the temporary
12 retail permit, and who is not delinquent under the provisions of section
13 one hundred one-aa of this chapter as to any retail license under which
14 he or she operates, may purchase alcoholic beverages on credit under the
15 temporary permit.
16 7. Notwithstanding any other provision of law, a temporary retail
17 permit may be summarily cancelled or suspended at any time if the
18 authority determines that good cause for such cancellation or suspension
19 exists. The authority shall promptly notify the holder of a temporary
20 retail permit in writing of such cancellation or suspension and shall
21 set forth the reasons for such action.
22 8. The application for a temporary permit shall be on such form as the
23 authority shall prescribe.
24 9. Approval of, or extension of, a temporary retail permit shall not
25 be deemed as an approval of the retail application.
26 10. Notwithstanding any inconsistent provision of law to the contrary,
27 the authority may promulgate such rules and regulations as may be neces-
28 sary to carry out the provisions of this section.
29 § 9. Subdivision 2-a of section 100 of the alcoholic beverage control
30 law, as amended by chapter 249 of the laws of 2002, is amended to read
31 as follows:
32 2-a. No retailer shall employ, or permit to be employed, or shall
33 suffer to work, on any premises licensed for retail sale hereunder, any
34 person under the age of eighteen years, as a hostess, waitress, waiter,
35 or in any other capacity where the duties of such person require or
36 permit such person to sell, dispense or handle alcoholic beverages;
37 except that: (1) any person under the age of eighteen years and employed
38 by any person holding a grocery or drug store beer license shall be
39 permitted to handle and deliver beer and wine products for such licen-
40 see, (2) any person under the age of eighteen employed as a cashier by a
41 person holding a grocery or drug store beer license shall be permitted
42 to record and receive payment for beer and wine product sales when in
43 the presence of and under the direct supervision of a person eighteen
44 years of age or over, (2-a) any person under the age of eighteen years
45 and employed by a person holding a grocery store or drug store beer
46 license as either a cashier or in any other position to which handling
47 of containers which may have held alcoholic beverages is necessary,
48 shall be permitted to handle the containers if such have been presented
49 for redemption in accordance with the provisions of title ten of article
50 twenty-seven of the environmental conservation law, [and] (3) any person
51 under the age of eighteen years employed as a dishwasher, busboy, or
52 other such position as to which handling of containers which may have
53 held alcoholic beverages is necessary shall be permitted to do so under
54 the direct supervision of a person of legal age to purchase alcoholic
55 beverages in the state, (4) any person under the age of eighteen years
56 and employed by a person holding a grocery or drug store wine license
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1 shall be permitted to handle and deliver wine for such licensee, and (5)
2 any person under the age of eighteen years and employed by a person
3 holding a grocery or drug store wine license shall be permitted to
4 record and receive payment for wine sales when in the presence of and
5 under the direct supervision of a person eighteen years or over.
6 § 10. Section 100 of the alcoholic beverage control law is amended by
7 adding a new subdivision 2-c to read as follows:
8 2-c. No person shall sell, deliver or give away or cause, permit or
9 procure to be sold, delivered or given away any alcoholic beverages to
10 any person, actually or apparently, under the age of twenty-one years.
11 As a precondition to the sale of any alcoholic beverage for off-premises
12 consumption, the purchaser of any alcoholic beverage must provide writ-
13 ten evidence of age. No licensee, or agent or employee of a licensee
14 under this chapter, shall accept as written evidence of age by any such
15 person for the purchase of any alcoholic beverage, any documentation
16 other than: (a) a valid driver's license or non-driver identification
17 card issued by the commissioner of motor vehicles, the federal govern-
18 ment, any United States territory, commonwealth or possession, the
19 District of Columbia, a state government within the United States or a
20 provincial government of the dominion of Canada, or (b) a valid passport
21 issued by the United States government or any other country, or (c) an
22 identification card issued by the armed forces of the United States.
23 § 11. Paragraph a of subdivision 1 of section 101-aa of the alcoholic
24 beverage control law, as amended by chapter 84 of the laws of 2004, is
25 amended to read as follows:
26 a. "Credit period" means a period beginning on the date alcoholic
27 beverages are delivered and ending thirty days thereafter, except that
28 with regard to licensees licensed under section sixty-three of this
29 chapter the "credit period" means a period beginning on the date alco-
30 holic beverages are delivered and ending sixty days thereafter.
31 § 12. Section 101-aa of the alcoholic beverage control law is amended
32 by adding a new subdivision 3-a to read as follows:
33 3-a. Notwithstanding the provisions of subdivision three of this
34 section, the holder of a license to sell liquor and wine at retail for
35 consumption off the premises, pursuant to section sixty-three of this
36 chapter, or a license to sell wine at retail for consumption off the
37 premises pursuant to section seventy-nine of this chapter, who is in
38 default except to a farm winery licensed pursuant to section seventy-
39 six-a of this chapter may purchase alcoholic beverages on credit except
40 from the manufacturer or wholesaler who placed such retail licensee in
41 default.
42 § 13. Paragraph (b) of subdivision 2 of section 101-b of the alcoholic
43 beverage control law, as amended by chapter 669 of the laws of 1989, is
44 amended to read as follows:
45 (b) to grant, directly or indirectly, any discount, rebate, free
46 goods, allowance or other inducement of any kind whatsoever, except a
47 discount or discounts for quantity of liquor or for quantity of wine and
48 a discount not in excess of one per centum for payment on or before ten
49 days from date of shipment. A discount on wine purchased on a quantity
50 basis shall not be authorized on the purchase of more than one hundred
51 cases of wine per month, of the same varietal.
52 § 14. Paragraph (b) of subdivision 3 of section 101-b of the alcoholic
53 beverage control law, as amended by section 1 of part E of chapter 56 of
54 the laws of 2006, is amended to read as follows:
55 (b) No brand of liquor or wine shall be sold to or purchased by a
56 retailer unless a schedule, as provided by this section, is transmitted
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1 to and received by the liquor authority, and is then in effect. Such
2 schedule shall be transmitted to the authority in such form, manner,
3 medium and format as the authority may direct; shall be deemed duly
4 verified by the person submitting such schedule upon its transmission to
5 the authority; and shall contain, with respect to each item, the exact
6 brand or trade name, capacity of package, nature of contents, age and
7 proof where stated on the label, the number of bottles contained in each
8 case, the bottle and case price to retailers, the net bottle and case
9 price paid by the seller, which prices, in each instance, shall be indi-
10 vidual for each item and not in "combination" with any other item, the
11 discounts for quantity, if any, and the discounts for time of payment,
12 if any. Provided however that, for the purposes of this paragraph,
13 different products or different sized bottles from the same manufacturer
14 may be combined. Such brand of liquor or wine shall not be sold to
15 retailers except at the price and discounts then in effect unless prior
16 written permission of the authority is granted for good cause shown and
17 for reasons not inconsistent with the purpose of this chapter. Such
18 schedule shall be transmitted by each manufacturer selling such brand to
19 retailers and by each wholesaler selling such brand to retailers.
20 § 15. Subdivision 2 of section 105 of the alcoholic beverage control
21 law is REPEALED.
22 § 16. Subdivision 7 of section 105 of the alcoholic beverage control
23 law is REPEALED.
24 § 17. Paragraphs (b) and (c) of subdivision 10 of section 105 of the
25 alcoholic beverage control law are REPEALED and paragraph (a), as
26 amended by chapter 679 of the laws of 1950, is amended to read as
27 follows:
28 [(a)] Each retail licensee of liquor and/or wine for off-premises
29 consumption shall have conspicuously displayed within the interior of
30 the licensed premises where sales are made and where it can be readily
31 inspected by consumers a printed price list of the liquors and/or wines
32 offered for sale therein; and no liquor and/or wine shall be sold except
33 at the price set forth in such list[;].
34 § 18. Paragraphs (a) and (b) of subdivision 14 of section 105 of the
35 alcoholic beverage control law, paragraph (a) as amended by section 1 of
36 part U of chapter 63 of the laws of 2003 and paragraph (b) as amended by
37 chapter 334 of the laws of 2004, are amended to read as follows:
38 (a) No premises licensed to sell liquor and/or wine for off-premises
39 consumption shall be permitted to [remain open] sell liquor and/or wine:
40 (i) On Sunday before twelve o'clock post meridian and after nine
41 o'clock post meridian.
42 (ii) On any day between midnight and eight o'clock antemeridian.
43 (iii) On the twenty-fifth day of December, known as Christmas day.
44 In any community where daylight saving time is in effect, such time
45 shall be deemed the standard time for the purpose of this subdivision.
46 (b) This subdivision shall only be interpreted to prohibit the sale of
47 liquor and/or wine for off-premises consumption [when it is closed to
48 the public, provided however, retail licensees may undertake all other
49 activities allowed during the course of normal business operations]. A
50 licensee may engage in any other lawful activity allowed on the
51 licensee's premises, including but not limited to:
52 (i) placing orders with or taking deliveries from wholesalers and
53 manufacturers;
54 (ii) meeting with individuals who have valid solicitors permits issued
55 by the liquor authority;
56 (iii) stocking shelves;
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1 (iv) filling or building displays; [and]
2 (v) rotating product on store shelves; and
3 (vi) in the case of persons licensed under section seventy-nine-e of
4 this chapter, the sale of other products, including beer and wine
5 products if the person is also licensed under section fifty-four or
6 section fifty-four-a of this chapter.
7 § 19. Section 105 of the alcoholic beverage control law is amended by
8 adding a new subdivision 24 to read as follows:
9 24. For the purposes of purchasing only, any two or more persons
10 licensed pursuant to sections sixty-three and/or seventy-nine of this
11 chapter may join in an agreement to make joint purchases of liquor
12 and/or wine in larger quantities than might otherwise be purchased;
13 provided, however, that all such alcoholic beverages purchased pursuant
14 to any such agreement shall be distributed to none other than a licensee
15 who is a party to such agreement. The cooperative agreements, as author-
16 ized under this subdivision, shall be void if, within a city with a
17 population of one million or more and the premises operating under the
18 cooperative agreements authorized in this subdivision are located more
19 than one mile from one another. The cooperative agreements, as author-
20 ized under this subdivision, shall be void if, outside of a city with a
21 population of one million or more and the premises operating under
22 agreements authorized in this subdivision are located more than fifty
23 miles from one another. The authority may promulgate such rules and
24 regulations as may be necessary to carry out the provisions of this
25 subdivision.
26 § 20. This act shall take effect immediately; provided that section
27 ten of this act shall take effect on the one hundred eightieth day after
28 it shall have become a law; provided further, that, effective immediate-
29 ly, the addition, amendment and/or repeal of any rules or regulations
30 necessary for the implementation of this act on or before its effective
31 date are authorized to be made by the state liquor authority on or
32 before such date.
