Rpld §63 sub 6, amd §§63, 66 & 105, ABC L; add §97-bbbbb, St Fin L
Authorizes the state liquor authority to grant retailers of wine and spirits to operate up to two outlets; establishes the New York distilled spirits and wine industry marketing and promotion fund.
STATE OF NEW YORK
________________________________________________________________________
9291
IN SENATE
February 25, 2026
___________
Introduced by Sen. COONEY -- 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, in relation to seven
day licenses to sell liquor at retail for consumption off the prem-
ises; and to amend the state finance law, in relation to establishing
the New York distilled spirits and wine industry marketing and
promotion fund; 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. Subdivision 6 of section 63 of the alcoholic beverage
2 control law is REPEALED.
3 § 2. Subdivision 5 of section 63 of the alcoholic beverage control law
4 is amended to read as follows:
5 5. [Not] Prior to January first, two thousand twenty-six, not more
6 than one license shall be granted to any person under this section.
7 Beginning on and after January first, two thousand twenty-six, a person
8 may be granted not more than two additional seven day licenses.
9 § 3. Subdivision 5 of section 66 of the alcoholic beverage control
10 law, as amended by section 3 of part Z of chapter 85 of the laws of
11 2002, is amended to read as follows:
12 5. The annual fee for [a] each license to sell liquor at retail not to
13 be consumed on the premises where sold shall be thirteen hundred sixty-
14 six dollars in the counties of New York, Kings, Bronx and Queens; eight
15 hundred fifty-four dollars in the county of Richmond and in cities
16 having a population of more than one hundred thousand and less than one
17 million; and elsewhere the sum of five hundred twelve dollars.
18 § 4. Subdivision 16 of section 105 of the alcoholic beverage control
19 law, as amended by chapter 621 of the laws of 1944, is amended to read
20 as follows:
21 16. No retail licensee to sell liquors and/or wines for off-premises
22 consumption shall be interested, directly or indirectly, in any premises
23 where liquors, wines or beer are manufactured or sold at wholesale or,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14802-01-6
S. 9291 2
1 except as set forth in section sixty-three of this chapter, any other
2 premises where liquor or wine is sold at retail for off-premises
3 consumption, by stock ownership, interlocking directors, mortgage or
4 lien on any personal or real property or by any other means. Any lien,
5 mortgage or other interest or estate, however, now held by such retailer
6 on or in the personal or real property of such manufacturer or whole-
7 saler, which mortgage, lien, interest or estate was acquired on or
8 before December thirty-first, nineteen hundred thirty-two, shall not be
9 included within the provisions of this subdivision; provided, however,
10 the burden of establishing the time of the accrual of the interest
11 comprehended by this subdivision, shall be upon the person who claims to
12 be entitled to the protection and exemption afforded hereby.
13 § 5. The state finance law is amended by adding a new section 97-bbbbb
14 to read as follows:
15 § 97-bbbbb. New York distilled spirits and wine industry marketing and
16 promotion fund. 1. There is hereby established in the joint custody of
17 the commissioner of taxation and finance and the state comptroller a
18 special fund to be known as the "New York distilled spirits and wine
19 industry marketing fund". As used in this section, the term "the fund"
20 shall mean the New York distilled spirits and wine industry marketing
21 fund established pursuant to this section.
22 2. (a) The fund shall consist of twenty-five percent of all revenues
23 received pursuant to subdivision five of section sixty-six of the alco-
24 holic beverage control law, and all other money appropriated, credited
25 or transferred thereto from any other fund or source pursuant to law.
26 Nothing contained in this section shall prevent the state from receiving
27 grants, gifts or bequests for the purposes of the fund and depositing
28 them into the fund according to law.
29 (b) On or before the first day of February each year, the comptroller
30 shall certify to the governor, temporary president of the senate, speak-
31 er of the assembly, chair of the senate finance committee, and chair of
32 the assembly ways and means committee, the amount of money deposited
33 into the fund during the preceding calendar year as the result of reven-
34 ue derived pursuant to subdivision five of section sixty-six of the
35 alcoholic beverage control law and from grants, gifts and bequests.
36 (c) On or before the first day of February each year, the commissioner
37 of economic development shall provide a written report to the temporary
38 president of the senate, speaker of the assembly, chair of the senate
39 finance committee, chair of the assembly ways and means committee, chair
40 of the senate investigations and government operations committee, chair
41 of the senate agriculture committee, chair of the senate commerce,
42 economic development and small business committee, chair of the assembly
43 economic development, job creation, commerce and industry committee,
44 chair of the assembly agriculture committee, the state comptroller, and
45 the public. Such report shall include how the moneys of the fund were
46 utilized during the preceding calendar year including expenditures for
47 all promotional and marketing activity.
48 3. Moneys for the fund shall be expended only for the marketing and
49 promotional campaigns and education projects on behalf of New York
50 produced distilled spirits and wine that are approved by the commission-
51 er of economic development.
52 4. Moneys shall be payable from the fund on the audit and warrant of
53 the comptroller on vouchers approved and certified by the commissioner
54 of economic development.
S. 9291 3
1 5. To the extent practicable, the commissioner of economic development
2 shall ensure that all moneys received by the fund during a fiscal year
3 are expended prior to the end of the fiscal year.
4 § 6. This act shall take effect on the first of January next succeed-
5 ing the date on which it shall have become a law.
