Exempts certain parcels of land from licensing restrictions prohibiting manufacturers, wholesalers and retailers of alcoholic beverages from sharing an interest in a licensed premises and from selling at retail for consumption on and off the premises.
STATE OF NEW YORK
________________________________________________________________________
10620
IN ASSEMBLY
March 13, 2026
___________
Introduced by M. of A. SIMONE -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to the
exemption of certain parcels of land from licensing restrictions
prohibiting manufacturers, wholesalers and retailers of alcoholic
beverages from sharing an interest in a licensed premises or to sell
at retail for consumption off and on the premises; to repeal certain
provisions of such law relating thereto; and providing for the repeal
of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 25 of section 105 of the alcoholic beverage
2 control law is REPEALED and a new subdivision 25 is added to read as
3 follows:
4 25. (a) The provisions of subdivisions sixteen and seventeen of this
5 section shall not apply to any interest in a manufacturer inside or
6 outside the United States, held by any business or entity located on any
7 parcels of land in the Borough of Manhattan, City and State of New York,
8 bounded and described as follows:
9 Beginning at a point on the northerly side of West 48th Street distant
10 200 feet westerly from the corner formed by the intersection of the
11 north side of West 48th Street with the west side of Fifth Avenue;
12 running thence westerly along the north side of West 48th Street 175
13 feet to the westerly side of Rockefeller Plaza; thence northerly along
14 the westerly side of Rockefeller Plaza 200 feet 10 inches to the south
15 side of West 49th Street; thence easterly along the south side of West
16 49th Street 150 feet to a point distant 225 feet westerly from the west
17 side of Fifth Avenue; thence southerly parallel with Fifth Avenue and
18 for part of the distance through a party wall 100 feet 5 inches; thence
19 easterly parallel with West 49th Street, 25 feet; thence southerly
20 parallel with Fifth Avenue, 100 feet 5 inches to the north side of West
21 48th Street at the place of beginning.
22 (b) Provided, however, that with respect to such retail licensee's
23 interest in a business engaged in the manufacture of alcoholic beverages
24 described in subdivision sixteen or seventeen of this section:
25 (i) such interest shall have been acquired prior to the effective date
26 of this subdivision; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14930-01-6
A. 10620 2
1 (ii) such retail licensee shall not purchase alcoholic beverages for
2 resale directly from any such manufacturer; provided further that the
3 acquisition of any such beverages from any such manufacturer via the
4 consignment process for the purposes of a sale pursuant to section nine-
5 ty-nine-g of this chapter shall not be deemed a purchase for resale for
6 the purposes of this section.
7 § 2. Subdivision 13 of section 106 of the alcoholic beverage control
8 law is amended by adding a new paragraph (a-2) to read as follows:
9 (a-2) (i) The provisions of paragraph (a) of this subdivision shall
10 not apply to the holder of a retail on-premises consumption license
11 issued for premises located in the borough of Manhattan, city, county
12 and state of New York, bounded and described as follows: Beginning at a
13 point on the northerly side of West 48th Street distant 200 feet wester-
14 ly from the corner formed by the intersection of the north side of West
15 48th Street with the west side of Fifth Avenue; running thence westerly
16 along the north side of West 48th Street 175 feet to the westerly side
17 of Rockefeller Plaza; thence northerly along the westerly side of Rocke-
18 feller Plaza 200 feet 10 inches to the south side of West 49th Street;
19 thence easterly along the south side of West 49th Street 150 feet to a
20 point distant 225 feet westerly from the west side of Fifth Avenue;
21 thence southerly parallel with Fifth Avenue and for part of the distance
22 through a party wall 100 feet 5 inches; thence easterly parallel with
23 West 49th Street, 25 feet; thence southerly parallel with Fifth Avenue,
24 100 feet 5 inches to the north side of West 48th Street at the place of
25 beginning.
26 (ii) Provided, however, that with respect to such retail licensee's
27 interest in a business engaged in the manufacture of alcoholic beverages
28 described in this subdivision:
29 (1) such interest shall have been acquired prior to the effective date
30 of this subdivision; and
31 (2) such retail licensee shall not purchase alcoholic beverages for
32 sale at retail directly from any such manufacturer.
33 § 3. This act shall take effect immediately; provided, however, that
34 upon the sale or transfer of the parcels detailed in paragraph (a) of
35 subdivision 25 of section 105 or subparagraph (i) of paragraph (a-2) of
36 subdivision 13 of section 106 of the alcoholic beverage control law, as
37 added by sections one and two of this act, respectively, such subdivi-
38 sion 25 and paragraph (a-2), respectively, shall expire and be deemed
39 repealed unless the licensee immediately obtains a leasehold upon such
40 sale or transfer of such parcel as part of the sale or transfer. If the
41 licensee obtains such a leasehold, then subdivision 25 of section 105
42 and paragraph (a-2) of subdivision 13 of section 106, of the alcoholic
43 beverage control law, pertaining to such parcel shall expire and be
44 deemed repealed upon the end or termination of such lease. The state
45 liquor authority shall notify the legislative bill drafting commission
46 upon notification by the licensee of the sale, transfer or termination
47 of the leasehold, or non-renewal of the leasehold of the parcel detailed
48 in paragraph (a) of subdivision 25 of section 105, or subparagraph (i)
49 of paragraph (a-2) of subdivision 13 of section 106, of the alcoholic
50 beverage control law, in order that the commission may maintain an accu-
51 rate and timely effective data base of the official text of the laws of
52 the state of New York in furtherance of effectuating the provisions of
53 section 44 of the legislative law and section 70-b of the public offi-
54 cers law.
