A08632 Summary:

BILL NOA08632A
 
SAME ASSAME AS S05787
 
SPONSORMorelle (MS)
 
COSPNSRWright, Kellner, Castro, John, Rivera P, Pretlow, Boyland, Hevesi, Espaillat, Perry, Powell, Scarborough, Rivera J, Benjamin
 
MLTSPNSRBing, Camara, Cook, Heastie, Jeffries, Lancman, Meng, Ramos, Titone, Titus
 
Rpld S105 subs 2 & 7, amd ABC L, generally
 
Enacts the wine industry and liquor store revitalization act; authorizes grocery and drug stores to sell wine on their premises for consumption off the premises.
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A08632 Actions:

BILL NOA08632A
 
06/01/2009referred to economic development
06/04/2009amend and recommit to economic development
06/04/2009print number 8632a
01/06/2010referred to economic development
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A08632 Floor Votes:

There are no votes for this bill in this legislative session.
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A08632 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8632--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 1, 2009
                                       ___________
 
        Introduced   by  M.  of  A.  MORELLE,  WRIGHT,  KELLNER,  CASTRO,  JOHN,
          P. RIVERA, SCHROEDER, PRETLOW,  FIELDS,  BOYLAND,  HEVESI,  ESPAILLAT,
          PERRY,  POWELL,  SCARBOROUGH,  PERALTA,  J. RIVERA, BENJAMIN -- Multi-
          Sponsored by -- M. of A. BING, COOK, HEASTIE, JEFFRIES, LANCMAN, MENG,
          PEOPLES, RAMOS, TITONE, TITUS -- read once and referred to the Commit-

          tee on Economic Development, Job Creation, Commerce  and  Industry  --
          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
          enacting the wine industry and liquor store revitalization act; and to
          repeal certain provisions of such law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and  may  be  cited  as  the  "wine
     2  industry and liquor store revitalization act".
     3    §  2.  Subdivisions  4  and  5 of section 63 of the alcoholic beverage
     4  control law, subdivision 4 as amended by chapter  603  of  the  laws  of
     5  1992,  are  amended  and  five  new subdivisions 7, 8, 9, 10, and 11 are
     6  added to read as follows:

     7    4. (a) No licensee under this section shall be engaged  in  any  other
     8  business on the licensed premises. The sale of products complementary to
     9  the  business  of the licensed premises shall not constitute engaging in
    10  another business within the meaning of this subdivision.  Such  products
    11  shall  include  but  not be limited to the sale of lottery tickets, when
    12  duly authorized and lawfully conducted, the sale of  corkscrews  or  the
    13  sale  of  ice  or  the sale of publications, including prerecorded video
    14  and/or audio cassette tapes, designed to help educate consumers in their
    15  knowledge and appreciation of wine and  wine  products,  as  defined  in
    16  section  three of this chapter, or the sale of [non-carbonated, non-fla-

    17  vored mineral waters, spring waters and drinking  waters]  non-alcoholic
    18  beverages  for consumption on or off premises, including but not limited
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11873-04-9

        A. 8632--A                          2
 
     1  to bottled water, juice and soda  beverages,  or  the  sale  of  tobacco
     2  products  or  herbal  cigarettes,  provided  the  licensee complies with
     3  section thirteen hundred ninety-nine-cc of the public health law, or the
     4  sale at retail of cigars which have been prepackaged by the manufacturer

     5  in  boxes  of  ten or more, or the sale of publications designed to help
     6  educate consumers in their knowledge and appreciation of cigar products,
     7  or food items, which shall include locally produced  farm  products  and
     8  any  food  or  food  product  not  specifically  prepared  for immediate
     9  consumption upon the premises, or the sale of gift bags and gift baskets
    10  including, but not limited to, shot glasses, single malt scotch glasses,
    11  grappa glasses, decanters, other glassware, food or  farm  products  not
    12  specifically  prepared  for immediate consumption upon the premises, all
    13  of which is related to the consumption and enjoyment of wine and spirits
    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[,  shall  not
    17  constitute  engaging  in  another  business  within  the meaning of this
    18  subdivision].
    19    (b) The installation and operation of automated teller machines  shall
    20  not  constitute  engaging in another business within the meaning of this
    21  subdivision.  For  purposes  of  this  subdivision,  "automated   teller
    22  machine" means a device which is linked to the accounts and records of a
    23  banking  institution  and  which  enables consumers to carry out banking
    24  transactions, including, but not limited to, account  transfers,  depos-
    25  its, cash withdrawals, balance inquiries, and loan payments.

    26    5.  [Not more than one license shall be] Nothing in this section shall
    27  be construed to prohibit multiple licenses from  being  granted  to  any
    28  person under this section.
    29    7.  Any  license obtained under this section includes authorization to
    30  sell alcoholic beverages for resale to licensed premises for on-premises
    31  consumption   as   licensed   by   sections   fifty-five,    sixty-four,
    32  sixty-four-a, seventy-nine-b, and eighty-one of this chapter as provided
    33  in  subdivisions  three-a and three-b of section one hundred two of this
    34  chapter.
    35    8. Commencing on the effective date of this subdivision, no additional
    36  licenses shall be issued pursuant to this section except as outlined  in

    37  subdivision  nine  of  this  section. The provisions of this subdivision
    38  shall not apply to (a) the renewal, transfer or continuance of a license
    39  pursuant to this chapter, (b) an application for a license filed  before
    40  the effective date of this subdivision, (c) the issuance of a license in
    41  accordance  with  the  provisions  of  this  chapter,  to  a  person who
    42  purchased the business operations of a licensee, provided, however, that
    43  any person licensed under this section shall make an application to  the
    44  liquor authority prior to selling its license to another person.
    45    9. Any existing license issued under this section which is canceled or
    46  revoked  by  the  liquor  authority  may be auctioned off to the highest

    47  bidder, provided that the person meets all the applicable  requirements.
    48  The  amount  of  the  sale of the existing license as authorized in this
    49  subdivision shall be subject  to  sales  and  compensating  use  tax  as
    50  imposed by section eleven hundred five of the tax law.
    51    10.  Each existing licensee shall be authorized to apply for one addi-
    52  tional license for retail sale of liquor for consumption off  the  prem-
    53  ises for use in the establishment of another licensed premises, provided
    54  however,   the   additional   premises   complies  with  all  applicable
    55  restrictions and requirements. The  additional  license  issued  by  the
    56  authority  under  this  subdivision  may  be sold provided the purchaser


        A. 8632--A                          3
 
     1  meets all applicable requirements, which sale shall be subject to  sales
     2  and  compensating  use  tax as imposed by section eleven hundred five of
     3  the tax law. The authorization for the establishment of a  new  premises
     4  or  sale  of  the additional license under this subdivision shall expire
     5  three years from the effective date of this subdivision.
     6    11. The authority is authorized to auction off to the highest  bidder,
     7  provided  that  the  person meets all the applicable requirements, addi-
     8  tional licenses for the sale of liquor or wine or  both  at  retail  for
     9  consumption  off the premises. The revenue from this sale shall be allo-
    10  cated for the increased licensure and enforcement efforts of the author-

    11  ity. The authority shall be authorized to  sell  no  more  than  fifteen
    12  additional licenses every two years, beginning on April first, two thou-
    13  sand eleven.
    14    § 3. Subdivision 2 of section 79 of the alcoholic beverage control law
    15  is amended and four new subdivisions 5, 6, 7, and 8 are added to read as
    16  follows:
    17    2.  [Not more than one license shall be] Nothing in this section shall
    18  be construed to prohibit multiple licenses from  being  granted  to  any
    19  person under this section.
    20    5.  Any  license obtained under this section includes authorization to
    21  sell alcoholic beverages for resale to licensed premises for on-premises
    22  consumption   as   licensed   by   sections   fifty-five,    sixty-four,

    23  sixty-four-a, seventy-nine-b, and eighty-one of this chapter as provided
    24  in  subdivisions  three-a and three-b of section one hundred two of this
    25  chapter.
    26    6. Commencing on the effective date of this subdivision, no additional
    27  licenses shall be issued pursuant to this section except as outlined  in
    28  subdivision  seven  of  this section. The provisions of this subdivision
    29  shall not apply to (a) the renewal, transfer or continuance of a license
    30  pursuant to this chapter, (b) an application for a license filed  before
    31  the effective date of this subdivision, (c) the issuance of a license in
    32  accordance  with  the  provisions  of  this  chapter,  to  a  person who
    33  purchased the business operations of a licensee, provided, however, that

    34  any person licensed under this section shall make an application to  the
    35  liquor authority prior to selling its license to another person.
    36    7. Any existing license issued under this section which is canceled or
    37  revoked  by  the  liquor  authority  may be auctioned off to the highest
    38  bidder, provided that the person meets all the applicable  requirements.
    39  The  amount  of  the  sale of the existing license as authorized in this
    40  subdivision shall be subject  to  sales  and  compensating  use  tax  as
    41  imposed by section eleven hundred five of the tax law.
    42    8.  Each  existing licensee shall be authorized to apply for one addi-
    43  tional license for retail sale of liquor for consumption off  the  prem-

    44  ises for use in the establishment of another licensed premises, provided
    45  however,   the   additional   premises   complies  with  all  applicable
    46  restrictions and requirements. The  additional  license  issued  by  the
    47  authority  under this subdivision as well as any existing license issued
    48  under this section may be sold provided the purchaser meets all applica-
    49  ble requirements, which sale shall be subject to sales and  compensating
    50  use  tax  as  imposed by section eleven hundred five of the tax law. The
    51  authorization for the establishment of a new premises  or  sale  of  the
    52  additional  license under this subdivision shall expire three years from
    53  the effective date of this subdivision.

    54    § 4. Section 83 of the alcoholic beverage control law  is  amended  by
    55  adding a new subdivision 8 to read as follows:

        A. 8632--A                          4
 
     1    8. The annual fee for a grocery or drug store wine license pursuant to
     2  section seventy-nine-e of this article shall be one hundred ten dollars.
     3  Where,  however,  the  applicant  is  the  holder  of  two  or more such
     4  licenses, the annual fee for each additional license shall be double the
     5  amount hereinabove set forth.
     6    §  5. Subdivision 2-a of section 100 of the alcoholic beverage control
     7  law, as amended by chapter 249 of the laws of 2002, is amended  to  read
     8  as follows:
     9    2-a.  No  retailer  shall  employ,  or permit to be employed, or shall

    10  suffer to work, on any premises licensed for retail sale hereunder,  any
    11  person  under the age of eighteen years, as a hostess, waitress, waiter,
    12  or in any other capacity where the duties  of  such  person  require  or
    13  permit  such  person  to  sell,  dispense or handle alcoholic beverages;
    14  except that: (1) any person under the age of eighteen years and employed
    15  by any person holding a grocery or drug  store  beer  license  shall  be
    16  permitted  to  handle and deliver beer and wine products for such licen-
    17  see, (2) any person under the age of eighteen employed as a cashier by a
    18  person holding a grocery or drug store beer license shall  be  permitted
    19  to  record  and  receive payment for beer and wine product sales when in
    20  the presence of and under the direct supervision of  a  person  eighteen
    21  years  of  age or over, (2-a) any person under the age of eighteen years

    22  and employed by a person holding a grocery  store  or  drug  store  beer
    23  license  as  either a cashier or in any other position to which handling
    24  of containers which may have  held  alcoholic  beverages  is  necessary,
    25  shall  be permitted to handle the containers if such have been presented
    26  for redemption in accordance with the provisions of title ten of article
    27  twenty-seven of the environmental conservation law, [and] (3) any person
    28  under the age of eighteen years employed as  a  dishwasher,  busboy,  or
    29  other  such  position  as to which handling of containers which may have
    30  held alcoholic beverages is necessary shall be permitted to do so  under
    31  the  direct  supervision  of a person of legal age to purchase alcoholic
    32  beverages in the state, (4) any person under the age of  eighteen  years

    33  and  employed by any person holding a grocery or drug store wine license
    34  shall be permitted to handle and deliver wine for such licensee, and (5)
    35  any person under the age of eighteen employed as a cashier by  a  person
    36  holding  a  grocery  or  drug  store  wine license shall be permitted to
    37  record and receive payment for wine when in the presence  of  and  under
    38  the direct supervision of a person eighteen years of age or over.
    39    §  6.  Section 100 of the alcoholic beverage control law is amended by
    40  adding a new subdivision 2-c to read as follows:
    41    2-c. No person shall sell, deliver or give away or cause or permit  or
    42  procure  to  be sold, delivered or given away any alcoholic beverages to
    43  any person, actually or apparently, under the age of  twenty-one  years.

    44  As  a  precondition to the sale of any alcoholic beverage, the purchaser
    45  of any alcoholic beverage must  provide  written  evidence  of  age.  No
    46  licensee,  or  agent or employee of a licensee under this chapter, shall
    47  accept as written evidence of age by any such person for the purchase of
    48  any alcoholic beverage, any documentation other than: (a) a valid  driv-
    49  er's license or non-driver identification card issued by the commission-
    50  er of motor vehicles, the federal government, any United States territo-
    51  ry,  commonwealth  or  possession,  the  District  of  Columbia, a state
    52  government within the United States or a provincial  government  of  the
    53  dominion  of Canada, or (b) a valid passport issued by the United States

    54  government or any other country, or (c) an identification card issued by
    55  the armed forces of the United States.

        A. 8632--A                          5
 
     1    § 7. Paragraph (a) of subdivision 14 of section 105 of  the  alcoholic
     2  beverage control law, as amended by section 1 of part U of chapter 63 of
     3  the laws of 2003, is amended to read as follows:
     4    (a)  No  premises licensed to sell liquor and/or wine for off-premises
     5  consumption shall be permitted to remain open:
     6    (i) On Sunday before [twelve  o'clock  post  meridian]  eight  o'clock
     7  antemeridian and after nine o'clock post meridian.
     8    (ii)  On any day between [midnight and] three o'clock antemeridian and
     9  eight o'clock antemeridian.

    10    [(iii) On the twenty-fifth day of December, known as Christmas day.]
    11    In any community where daylight saving time is in  effect,  such  time
    12  shall be deemed the standard time for the purpose of this subdivision.
    13    §  8.  Section 105 of the alcoholic beverage control law is amended by
    14  adding a new subdivision 24 to read as follows:
    15    24. Cooperative agreements by licensees to sell at retail for consump-
    16  tion on the premises. Any two or more retail licensees for  off-premises
    17  consumption  may join in a cooperative agreement to make joint purchases
    18  of alcoholic beverages in larger  quantities  than  might  otherwise  be
    19  purchased;  provided,  however,  that  all alcoholic beverages purchased
    20  pursuant to any such agreement shall be distributed to none other than a

    21  licensee who is a party to such agreement.
    22    § 9. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
    23  control law, as amended by chapter 458 of the laws of 1993, are  amended
    24  to read as follows:
    25    3-a.  No licensee or permittee shall purchase or agree to purchase any
    26  alcoholic beverages from any person within the state  who  is  not  duly
    27  licensed to sell such alcoholic beverage as the case may be, at the time
    28  of such agreement and sale nor give any order for any alcoholic beverage
    29  to  any individual who is not the holder of a solicitor's permit, except
    30  as provided for in section eighty-five [or], ninety-nine-g, or  seventy-
    31  nine-e, or subdivision ten of section sixty-three of this chapter.
    32    3-b.  No  retail licensee shall purchase, agree to purchase or receive

    33  any alcoholic beverage except from a person  duly  licensed  within  the
    34  state  by  the  liquor  authority to sell such alcoholic beverage at the
    35  time of such agreement and sale  to  such  retail  licensee,  except  as
    36  provided  for  in  section  eighty-five [or], ninety-nine-g, or seventy-
    37  nine-e, or subdivision ten of section sixty-three of this chapter.
    38    § 10. Subdivision 2 of section 79 of the  alcoholic  beverage  control
    39  law is amended to read as follows:
    40    2.  [Not more than one license shall be] Nothing in this section shall
    41  be construed to prohibit multiple licenses from  being  granted  to  any
    42  person under this section.
    43    §  11.  Subdivision 2 of section 105 of the alcoholic beverage control
    44  law is REPEALED.

    45    § 12. Subdivision 7 of section 105 of the alcoholic  beverage  control
    46  law is REPEALED.
    47    §  13.  The  alcoholic beverage control law is amended by adding a new
    48  section 79-e to read as follows:
    49    § 79-e. Grocery or drug store wine license. 1. Any person may apply to
    50  the authority for a license to sell from the licensed premises  wine  in
    51  sealed containers for consumption off such premises.
    52    2.  No  such  license  shall be issued, however, to any person for any
    53  premises other than a grocery store, as defined in subdivision  thirteen
    54  of  section three of this chapter, or a drug store, as defined in subdi-
    55  vision twelve of section three of this chapter.

        A. 8632--A                          6
 

     1    3. (a) Notwithstanding any other provision of this chapter, except for
     2  good cause shown, the authority shall issue a grocery or drug store wine
     3  license to the holder of a license to sell beer at retail  for  consump-
     4  tion off the premises pursuant to section fifty-four of this chapter, or
     5  beer and wine products at retail for consumption off the premises pursu-
     6  ant  to  section  fifty-four-a  of  this chapter, at the request of such
     7  licensee.
     8    (b) For the purposes of this subdivision, the premises of the  grocery
     9  or  drug  store wine licensee shall be the same as the premises licensed
    10  under section fifty-four or fifty-four-a of this chapter.
    11    (c) Notwithstanding any other provisions of this chapter, any  license

    12  issued pursuant to this section shall run concurrently with the underly-
    13  ing  license  under  section fifty-four or fifty-four-a of this chapter,
    14  and shall be deemed expired at  such  time  as  the  underlying  license
    15  expires.
    16    (d)  Wine  tasting.  Any person licensed to sell wine pursuant to this
    17  article shall be permitted to conduct wine tastings. Wine tastings which
    18  are conducted under the auspices of an official agent of a farm  winery,
    19  winery, wholesaler, or importer and where such agent is physically pres-
    20  ent at all times during the conduct of the tasting, then, in that event,
    21  any  liability  stemming  from  a  right of action resulting from a wine
    22  tasting as authorized pursuant to this section, and in  accordance  with

    23  the  provisions of sections 11-100 and 11-101 of the general obligations
    24  law, shall accrue to the farm winery, winery, wholesaler, or importer.
    25    4. Notwithstanding any other provision of this chapter, the  authority
    26  may  issue  a  license  under this section to the holder of a license to
    27  sell wine at retail for consumption off the premises pursuant to section
    28  seventy-nine of this article, provided that: (a) the licensee meets  the
    29  requirements  of  subdivision two of this section; and (b) upon issuance
    30  of a license, the licensee under this  section  surrenders  the  license
    31  certificate issued pursuant to such section seventy-nine.
    32    5.  Such  application  shall  be  in  such form and shall contain such

    33  information as shall be required by the rules of the authority and shall
    34  be accompanied by a check or draft in the amount required by this  arti-
    35  cle for such license.
    36    6.  Notwithstanding  any  other provisions of this chapter, any person
    37  receiving a license pursuant to this section shall not be subject to the
    38  provisions of subdivision two, three or four of section seventy-nine  of
    39  this article.
    40    7.  Notwithstanding  any  other provisions of this chapter, any person
    41  receiving a license pursuant to this section shall not be subject to the
    42  provisions of paragraph (a) of subdivision three of section one  hundred
    43  five of this chapter.
    44    8.  (a)  A  one-time  franchise  fee  shall be paid for by each retail

    45  outlet to the state liquor  authority.  This  franchise  fee  is  hereby
    46  imposed at a rate of 0.46 of one percent of the total gross sales at the
    47  individual licensed premises of the licensee in the previous year.
    48    (b)  In  the  event  an  applicant  has been in business for less than
    49  twelve months prior to the filing of the application for  this  license,
    50  such  applicant  shall,  in  accordance with the rules of the authority,
    51  remit an estimate of its franchise fee based  on  square  footage  at  a
    52  licensee's location pursuant to the following schedule:
    53  Square Footage at             Franchise Fee
    54  Licensee's Location           Per Location
    55          0-999                 $825

    56    1,000-1,999                 $1,650

        A. 8632--A                          7
 
     1    2,000-3,999                 $3,300
     2    4,000-9,999                 $8,250
     3  10,000-19,999                 $16,500
     4  20,000-24,999                 $33,000
     5  25,000-29,999                 $82,500
     6  30,000-39,999                 $132,000
     7  40,000 and greater            $495,000
     8    Within  sixty days after such licensee shall have been in business for
     9  twelve months, such licensee shall submit to the authority,  in  accord-
    10  ance  with  the  rules  of the authority, a statement showing its actual

    11  total gross sales for the first twelve months of operation and the fran-
    12  chise fee due pursuant to paragraph (a)  of  this  subdivision.  In  the
    13  event  the  franchise  fee determined pursuant to such paragraph exceeds
    14  the amount paid pursuant to this paragraph,  the  licensee  shall  remit
    15  payment  for  the  balance  of  the  required  franchise fee within such
    16  sixty-day period. Failure to remit payment within such sixty-day  period
    17  shall  be grounds for cancellation or revocation of such license. In the
    18  event that the franchise fee due  pursuant  to  paragraph  (a)  of  this
    19  subdivision is less than the amount paid pursuant to this paragraph, the
    20  licensee  shall  be entitled to a refund equal to the difference between

    21  the franchise fee paid pursuant to this paragraph  and  the  amount  due
    22  pursuant to paragraph (a) of this subdivision.
    23    (c)  No  license  shall  be  issued pursuant to this section until the
    24  franchise fee or estimated franchise fee under this subdivision required
    25  by either paragraph (a) or (b) of this  subdivision  has  been  paid  in
    26  full.
    27    (d)  The  franchise fee shall be deposited and disposed of in the same
    28  manner as any license fee as provided in section one hundred twenty-five
    29  of this chapter.
    30    9. (a) Any person licensed  to sell wine pursuant to this article that
    31  operates the premises of the grocery or drug store  wine  licensee  that
    32  occupies  less  than  one  thousand  square  feet may purchase, agree to

    33  purchase or receive any alcoholic beverage from a person licensed  under
    34  section  sixty-three  of  this  chapter  to  sell  liquor  at retail for
    35  consumption off the premises.
    36    (b) Any person licensed to sell wine at retail for consumption off the
    37  premises under section seventy-nine of this  article  is  authorized  to
    38  sell  wine  to persons licensed to sell wine under this article and this
    39  section who operate the premises of  the  grocery  or  drug  store  wine
    40  licensee that occupies less than one thousand square feet.
    41    10.  The state liquor authority may make such rules as it deems neces-
    42  sary to carry out the provisions of this section,  however,  such  rules
    43  shall  not be construed to place additional limitations upon the holders

    44  of licenses issued pursuant to  section  seventy-nine  of  this  article
    45  unrelated to the sale of wine.
    46    §  14. Subdivision 10 of section 105 of the alcoholic beverage control
    47  law, paragraph (a) as amended by chapter 679 of the  laws  of  1950,  is
    48  amended to read as follows:
    49    10.  [(a)] Each retail licensee of liquor and/or wine for off-premises
    50  consumption shall have conspicuously displayed within  the  interior  of
    51  the  licensed  premises where sales are made and where it can be readily
    52  inspected by consumers a printed price list of the liquors and/or  wines
    53  offered for sale therein; and no liquor and/or wine shall be sold except
    54  at the price set forth in such list[;
    55    (b)  No  screen,  blind, curtain, partition, article or thing shall be

    56  permitted in the windows or upon the doors of  such  licensed  premises,

        A. 8632--A                          8

     1  which  shall  prevent  a  clear  view into the interior of such licensed
     2  premises from the sidewalk, at all times; and
     3    (c)  No booth, screen, partition or other obstruction shall be permit-
     4  ted in the interior of said licensed premises].
     5    § 15. The alcoholic beverage control law is amended by  adding  a  new
     6  section 97-b to read as follows:
     7    §  97-b.  Temporary retail permit for new applicants. 1. The authority
     8  is hereby authorized to issue a temporary retail permit to an  applicant
     9  of a premises that is not licensed when the applicant has filed with the

    10  authority  an  application  for a retail license at such premises or has
    11  filed renewal of such license. Such application shall be in writing  and
    12  verified  and  shall contain information as the authority shall require.
    13  Such application shall be accompanied by a filing  fee  of  seventy-five
    14  dollars.
    15    2.  Upon  application,  the  authority  shall issue a temporary retail
    16  permit when the applicant has filed with the  authority  an  application
    17  for  a  retail  license  at such premises or a renewal thereof, together
    18  with all required filing and license fees. A temporary permit issued  by
    19  the  authority  pursuant  to  this  section shall be for a period not to
    20  exceed ninety days. A temporary permit may be extended at the discretion

    21  of the authority, for an additional thirty days.
    22    3. Pursuant to this section a  temporary  retail  permit  may  not  be
    23  issued for any premises that is in violation of the provisions of subdi-
    24  vision  seven of section sixty-four, subdivision seven of section sixty-
    25  four-a, subdivision five of section sixty-four-b, subdivision eleven  of
    26  section  sixty-four-c,  subdivision  eight  of  section  sixty-four-d or
    27  subdivision three of section one hundred five of this chapter.
    28    4. A temporary retail permit is a conditional permit and shall author-
    29  ize the holder thereof to, in the case of all other retail applications,
    30  purchase and sell such alcoholic beverages as would be permitted  to  be

    31  purchased  and  sold under the privileges of the license applied for; to
    32  sell alcoholic beverages to consumers only and not for  resale;  and  to
    33  purchase  alcoholic  beverages  only by payment in currency or check for
    34  such alcoholic beverages on or before they are delivered to  such  prem-
    35  ises.
    36    5.  Notwithstanding any other provision of law, a temporary permit may
    37  be summarily cancelled or suspended at any time if the authority  deter-
    38  mines  that  good  cause for such cancellation or suspension exists. The
    39  authority shall promptly notify the holder  of  a  temporary  permit  in
    40  writing  of  such  cancellation  or  suspension  and shall set forth the
    41  reasons for such action.

    42    6. Approval of, or extension of, a temporary retail license shall  not
    43  be deemed as an approval of the retail application.
    44    7.  Notwithstanding any inconsistent provision of law to the contrary,
    45  the authority may promulgate such rules and regulations as may be neces-
    46  sary to carry out the provisions of this section.
    47    § 16. Section 17 of the alcoholic beverage control law is  amended  by
    48  adding a new subdivision 8-b to read as follows:
    49    8-b. On and after January first, two thousand ten, the report provided
    50  for  in  subdivision  eight  of  this  section shall include information
    51  related to the number of licenses applied for, renewals sought  and  the
    52  length  of  time  required  for  the  approval  or denial of such retail

    53  licenses and renewals applied  for  pursuant  to  subdivision  two-c  of
    54  section  sixty-one of this chapter and sections sixty-four, seventy-six,
    55  seventy-six-a, seventy-six-c, seventy-six-d and  seventy-six-f  of  this
    56  chapter.

        A. 8632--A                          9
 
     1    § 17. Paragraph (b) of subdivision 3 of section 101-b of the alcoholic
     2  beverage control law, as amended by section 1 of part E of chapter 56 of
     3  the laws of 2006, is amended to read as follows:
     4    (b)  No  brand  of  liquor  or wine shall be sold to or purchased by a
     5  retailer unless a schedule, as provided by this section, is  transmitted
     6  to  and  received  by  the liquor authority, and is then in effect. Such
     7  schedule shall be transmitted to the authority  in  such  form,  manner,

     8  medium  and  format  as  the  authority may direct; shall be deemed duly
     9  verified by the person submitting such schedule upon its transmission to
    10  the authority; and shall contain, with respect to each item,  the  exact
    11  brand  or  trade  name, capacity of package, nature of contents, age and
    12  proof where stated on the label, the number of bottles contained in each
    13  case, the bottle and case price to retailers, the net  bottle  and  case
    14  price paid by the seller, which prices, in each instance, shall be indi-
    15  vidual  for  each item and not in "combination" with any other item, the
    16  discounts for quantity, if any, and the discounts for time  of  payment,
    17  if  any. For purposes of this paragraph, in regards to premises licensed
    18  under section sixty-three  of  this  chapter,  "combination"  shall  not

    19  include wines provided by the same vineyard or distributor to a retailer
    20  and  where  such  wines  may  be different. Such brand of liquor or wine
    21  shall not be sold to retailers except at the price and discounts then in
    22  effect unless prior written permission of the authority is  granted  for
    23  good  cause  shown  and for reasons not inconsistent with the purpose of
    24  this chapter. Such schedule shall be transmitted  by  each  manufacturer
    25  selling  such  brand  to  retailers  and by each wholesaler selling such
    26  brand to retailers.
    27    § 18. This act shall take effect on  the  one  hundred  eightieth  day
    28  after it shall have become a law.
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