STATE OF NEW YORK
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4132--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 31, 2025
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Introduced by M. of A. STIRPE, SIMON -- read once and referred to the
Committee on Economic Development -- recommitted to the Committee on
Economic Development in accordance with Assembly Rule 3, sec. 2 --
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
private label wine
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3 of the alcoholic beverage control law is amended
2 by adding a new subdivision 23-a to read as follows:
3 23-a. "Private label" means an alcoholic beverage with a brand name or
4 trade name label that is exclusively owned by a licensed retailer, or
5 owned by an entity that has granted a retailer the legal right to use
6 such brand name or trade name, and such alcoholic beverage is sold at
7 retail within the state exclusively by such retailer; provided, however,
8 that private label wine may also be sold by licensees that are commonly
9 owned affiliates of such retailer unless the licensed premises includes
10 any opening or means of entrance or passageway for persons or things
11 between the licensed premises and any premises licensed under section
12 fifty-four or fifty-four-a of this chapter.
13 § 2. Paragraph (c) of subdivision 3 of section 101-b of the alcoholic
14 beverage control law, as amended by chapter 531 of the laws of 1964, is
15 amended to read as follows:
16 (c) Provided however, nothing contained in this section shall require
17 any manufacturer or wholesaler to list any private label in any schedule
18 to be filed pursuant to this section [any item offered for sale to a
19 retailer under a brand which is owned exclusively by one retailer and
20 sold at retail within the state exclusively by such retailer].
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05351-02-6
A. 4132--A 2
1 § 3. Subdivision 3 of section 106 of the alcoholic beverage control
2 law, as amended by chapter 297 of the laws of 2016, is amended to read
3 as follows:
4 3. No retail licensee for on-premises consumption shall sell, deliver
5 or give away, or cause or permit or procure to be sold, delivered or
6 given away any liquors and/or wines for consumption off the premises
7 where sold; provided, however, notwithstanding any law to the contrary,
8 a restaurant licensed to sell wine under this chapter may sell sealed
9 bottles of private label wine for off-premises consumption with the
10 purchase of a substantial food item. The provisions of this subdivision
11 shall not prohibit a licensed winery or farm winery from allowing a
12 patron to leave the winery or farm winery with a partially consumed
13 bottle of wine provided that the removal of the bottle is done in
14 accordance with subdivision four of section eighty-one of this chapter.
15 § 4. This act shall take effect immediately.
