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A09284 Summary:

BILL NOA09284
 
SAME ASNo Same As
 
SPONSORSeptimo
 
COSPNSR
 
MLTSPNSR
 
Amd §§63, 79 & 105, ABC L
 
Relates to applications for licenses to sell liquor and wine at grocery stores and off-premises consumption of liquors and/or wines at grocery stores.
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A09284 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9284
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 21, 2025
                                       ___________
 
        Introduced  by M. of A. SEPTIMO -- read once and referred to the Commit-
          tee on Economic Development
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          applications for licenses to sell liquor and wine at grocery stores
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 63 of the alcoholic beverage control law is amended
     2  by adding a new subdivision 5-a to read as follows:
     3    5-a. Notwithstanding subdivisions four and five of this  section,  any
     4  person may make an application for a license to sell liquor at a grocery
     5  store.
     6    §  2.  Section  79 of the alcoholic beverage control law is amended by
     7  adding a new subdivision 5 to read as follows:
     8    5. Notwithstanding subdivisions two and three  of  this  section,  any
     9  person  may  make an application for a license to sell wine at a grocery
    10  store.
    11    § 3. Paragraph (a) of subdivision 3 and subdivision 16 of section  105
    12  of the alcoholic beverage control law, paragraph (a) of subdivision 3 as
    13  amended by chapter 406 of the laws of 2007 and subdivision 16 as amended
    14  by chapter 621 of the laws of 1944, are amended to read as follows:
    15    (a)  No  retail  license  to  sell liquor and/or wine for off-premises
    16  consumption shall be granted for any premises which shall be located  on
    17  the  same  street  or  avenue, and within two hundred feet of a building
    18  occupied exclusively as a school, church, synagogue or  other  place  of
    19  worship; the measurements to be taken in a straight line from the center
    20  of  the  nearest  entrance to the building used for such school, church,
    21  synagogue or other place  of  worship  to  the  center  of  the  nearest
    22  entrance  of  the  premises  to  be  licensed;  except, however, that no
    23  license shall be denied to any premises at which a  license  under  this
    24  chapter has been in existence continuously from a date prior to the date
    25  when a building on the same street or avenue and within two hundred feet
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14103-01-5

        A. 9284                             2
 
     1  of  said  premises  has  been  occupied exclusively as a school, church,
     2  synagogue or other place of worship. Notwithstanding any  provisions  of
     3  this  subdivision  to the contrary, such restrictions shall not apply to
     4  any  grocery stores with a valid wholesaler's license issued pursuant to
     5  section fifty-three of this chapter in operation prior to January first,
     6  two thousand twenty-five.
     7    16. No retail licensee to sell liquors and/or wines  for  off-premises
     8  consumption shall be interested, directly or indirectly, in any premises
     9  where  liquors,  wines  or beer are manufactured or sold at wholesale or
    10  any other premises where liquor or wine is sold at retail for  off-prem-
    11  ises  consumption,  by stock ownership, interlocking directors, mortgage
    12  or lien on any  personal  or  real  property  or  by  any  other  means;
    13  provided,  however,  that  nothing  in this subdivision shall apply to a
    14  retail license to sell liquors and/or wines for off-premises consumption
    15  at a grocery store. Any lien, mortgage  or  other  interest  or  estate,
    16  however, now held by such retailer on or in the personal or real proper-
    17  ty of such manufacturer or wholesaler, which mortgage, lien, interest or
    18  estate was acquired on or before December thirty-first, nineteen hundred
    19  thirty-two, shall not be included within the provisions of this subdivi-
    20  sion;  provided,  however,  the  burden  of establishing the time of the
    21  accrual of the interest comprehended by this subdivision, shall be  upon
    22  the  person  who  claims  to be entitled to the protection and exemption
    23  afforded hereby.
    24    § 4. This act shall take effect January 1, 2026.
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