•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A05932 Summary:

BILL NOA05932
 
SAME ASSAME AS S03112
 
SPONSORPichardo
 
COSPNSR
 
MLTSPNSR
 
Rpld §105 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.
Go to top    

A05932 Actions:

BILL NOA05932
 
03/02/2021referred to economic development
09/15/2021enacting clause stricken
Go to top

A05932 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5932
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 2, 2021
                                       ___________
 
        Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
          tee on Economic Development
 
        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 section 3 of part H of chapter
     5  58 of the laws of 2019, are amended and five new subdivisions 7,  8,  9,
     6  10 and 11 are 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 reusable bags as
    13  defined in section 27-2801 of the environmental  conservation  law,  the
    14  sale  of  corkscrews  or  the  sale  of ice or the sale of publications,
    15  including prerecorded video and/or audio cassette tapes, or  educational
    16  seminars,  designed  to  help  educate  consumers in their knowledge and
    17  appreciation of alcoholic beverages, as defined in section three of this
    18  chapter and allowed pursuant to their license, or the sale of  [non-car-
    19  bonated, non-flavored mineral waters, spring waters and drinking waters]
    20  non-alcoholic  beverages  for  consumption on or off premises, including
    21  but not limited to bottled water, juice and soda beverages, or the  sale
    22  of tobacco products or herbal cigarettes, provided the licensee complies
    23  with  section  thirteen hundred ninety-nine-cc of the public health law,
    24  or the sale at retail of cigars  which  have  been  prepackaged  by  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07340-01-1

        A. 5932                             2
 
     1  manufacturer  in  boxes  of  ten  or  more,  or the sale of publications
     2  designed to help educate consumers in their knowledge  and  appreciation
     3  of  cigar  products, or food items, which shall include locally produced
     4  farm products and any food or food product not specifically prepared for
     5  immediate  consumption  upon  the premises, or the sale of gift bags and
     6  gift baskets including, but not limited to, shot  glasses,  single  malt
     7  scotch glasses, grappa glasses, decanters, other glassware, food or farm
     8  products  not  specifically  prepared for immediate consumption upon the
     9  premises, all of which is related to the consumption  and  enjoyment  of
    10  wine  and spirits or the sale of glasses designed for the consumption of
    11  wine, racks designed for the storage of wine, and  devices  designed  to
    12  minimize  oxidation  in bottles of wine which have been uncorked, or the
    13  sale of gift bags, gift boxes,  or  wrapping,  for  alcoholic  beverages
    14  purchased  at  the  licensed  premises  shall not constitute engaging in
    15  another business  within  the  meaning  of  this  subdivision.  Any  fee
    16  obtained from the sale of an educational seminar shall not be considered
    17  as a fee for any tasting that may be offered during an educational semi-
    18  nar,  provided  that such tastings are available to persons who have not
    19  paid to attend the seminar and all tastings are conducted in  accordance
    20  with section sixty-three-a of this article.
    21    (b)  The installation and operation of automated teller machines shall
    22  not constitute engaging in another business within the meaning  of  this
    23  subdivision.   For  purposes  of  this  subdivision,  "automated  teller
    24  machine" means a device which is linked to the accounts and records of a
    25  banking institution and which enables consumers  to  carry  out  banking
    26  transactions,  including,  but not limited to, account transfers, depos-
    27  its, cash withdrawals, balance inquiries, and loan payments.
    28    5. [Not more than one license shall be] Nothing in this section  shall
    29  be  construed  to  prohibit  multiple licenses from being granted to any
    30  person under this section.
    31    7. Any license obtained under this section includes  authorization  to
    32  sell alcoholic beverages for resale to licensed premises for on-premises
    33  consumption    as   licensed   by   sections   fifty-five,   sixty-four,
    34  sixty-four-a, seventy-nine-b, and eighty-one of this chapter as provided
    35  in subdivisions three-a and three-b of section one hundred two  of  this
    36  chapter.
    37    8. Commencing on the effective date of this subdivision, no additional
    38  licenses  shall be issued pursuant to this section except as outlined in
    39  subdivision nine of this section. The  provisions  of  this  subdivision
    40  shall not apply to (a) the renewal, transfer or continuance of a license
    41  pursuant  to this chapter, (b) an application for a license filed before
    42  the effective date of this subdivision, (c) the issuance of a license in
    43  accordance with  the  provisions  of  this  chapter,  to  a  person  who
    44  purchased the business operations of a licensee, provided, however, that
    45  any  person licensed under this section shall make an application to the
    46  liquor authority prior to selling its license to another person.
    47    9. Any existing license issued under this section which is canceled or
    48  revoked by the liquor authority may be  auctioned  off  to  the  highest
    49  bidder,  provided that the person meets all the applicable requirements.
    50  The amount of the sale of the existing license  as  authorized  in  this
    51  subdivision  shall  be  subject  to  sales  and  compensating use tax as
    52  imposed by section eleven hundred five of the tax law.
    53    10. Each existing licensee shall be authorized to apply for one  addi-
    54  tional  license  for retail sale of liquor for consumption off the prem-
    55  ises for use in the establishment of another licensed premises, provided
    56  however,  the  additional  premises   complies   with   all   applicable

        A. 5932                             3
 
     1  restrictions  and  requirements.  The  additional  license issued by the
     2  authority under this subdivision may  be  sold  provided  the  purchaser
     3  meets  all applicable requirements, which sale shall be subject to sales
     4  and  compensating  use  tax as imposed by section eleven hundred five of
     5  the tax law. The authorization for the establishment of a  new  premises
     6  or  sale  of  the additional license under this subdivision shall expire
     7  three years from the effective date of this subdivision.
     8    11. The authority is authorized to auction off to the highest  bidder,
     9  provided  that  the  person meets all the applicable requirements, addi-
    10  tional licenses for the sale of liquor or wine or  both  at  retail  for
    11  consumption  off the premises. The revenue from this sale shall be allo-
    12  cated for the increased licensure and enforcement efforts of the author-
    13  ity. The authority shall be authorized to  sell  no  more  than  fifteen
    14  additional licenses every two years, beginning on April first, two thou-
    15  sand twenty-four.
    16    §  3.  Section  79 of the alcoholic beverage control law is amended by
    17  adding four new subdivisions 5, 6, 7 and 8 to read as follows:
    18    5. Any license obtained under this section includes  authorization  to
    19  sell alcoholic beverages for resale to licensed premises for on-premises
    20  consumption    as   licensed   by   sections   fifty-five,   sixty-four,
    21  sixty-four-a, seventy-nine-b, and eighty-one of this chapter as provided
    22  in subdivisions three-a and three-b of section one hundred two  of  this
    23  chapter.
    24    6. Commencing on the effective date of this subdivision, no additional
    25  licenses  shall be issued pursuant to this section except as outlined in
    26  subdivision seven of this section. The provisions  of  this  subdivision
    27  shall not apply to (a) the renewal, transfer or continuance of a license
    28  pursuant  to this chapter, (b) an application for a license filed before
    29  the effective date of this subdivision, (c) the issuance of a license in
    30  accordance with  the  provisions  of  this  chapter,  to  a  person  who
    31  purchased the business operations of a licensee, provided, however, that
    32  any  person licensed under this section shall make an application to the
    33  liquor authority prior to selling its license to another person.
    34    7. Any existing license issued under this section which is canceled or
    35  revoked by the liquor authority may be  auctioned  off  to  the  highest
    36  bidder,  provided that the person meets all the applicable requirements.
    37  The amount of the sale of the existing license  as  authorized  in  this
    38  subdivision  shall  be  subject  to  sales  and  compensating use tax as
    39  imposed by section eleven hundred five of the tax law.
    40    8. Each existing licensee shall be authorized to apply for  one  addi-
    41  tional  license  for retail sale of liquor for consumption off the prem-
    42  ises for use in the establishment of another licensed premises, provided
    43  however,  the  additional  premises   complies   with   all   applicable
    44  restrictions  and  requirements.  The  additional  license issued by the
    45  authority under this subdivision as well as any existing license  issued
    46  under this section may be sold provided the purchaser meets all applica-
    47  ble  requirements, which sale shall be subject to sales and compensating
    48  use tax as imposed by section eleven hundred five of the  tax  law.  The
    49  authorization  for  the  establishment  of a new premises or sale of the
    50  additional license under this subdivision shall expire three years  from
    51  the effective date of this subdivision.
    52    §  4.  Section  83 of the alcoholic beverage control law is amended by
    53  adding a new subdivision 10 to read as follows:
    54    10. The annual fee for a grocery or drug store wine  license  pursuant
    55  to  section  seventy-nine-e  of  this  article  shall be one hundred ten
    56  dollars. Where, however, the applicant is the holder of two or more such

        A. 5932                             4
 
     1  licenses, the annual fee for each additional license shall be double the
     2  amount hereinabove set forth.
     3    §  5. Subdivision 2-a of section 100 of the alcoholic beverage control
     4  law, as amended by chapter 249 of the laws of 2002, is amended  to  read
     5  as follows:
     6    2-a.  No  retailer  shall  employ,  or permit to be employed, or shall
     7  suffer to work, on any premises licensed for retail sale hereunder,  any
     8  person  under the age of eighteen years, as a hostess, waitress, waiter,
     9  or in any other capacity where the duties  of  such  person  require  or
    10  permit  such  person  to  sell,  dispense or handle alcoholic beverages;
    11  except that: (1) any person under the age of eighteen years and employed
    12  by any person holding a grocery or drug  store  beer  license  shall  be
    13  permitted  to  handle and deliver beer and wine products for such licen-
    14  see, (2) any person under the age of eighteen employed as a cashier by a
    15  person holding a grocery or drug store beer license shall  be  permitted
    16  to  record  and  receive payment for beer and wine product sales when in
    17  the presence of and under the direct supervision of  a  person  eighteen
    18  years  of  age or over, (2-a) any person under the age of eighteen years
    19  and employed by a person holding a grocery  store  or  drug  store  beer
    20  license  as  either a cashier or in any other position to which handling
    21  of containers which may have  held  alcoholic  beverages  is  necessary,
    22  shall  be permitted to handle the containers if such have been presented
    23  for redemption in accordance with the provisions of title ten of article
    24  twenty-seven of the environmental conservation law, [and] (3) any person
    25  under the age of eighteen years employed as  a  dishwasher,  busboy,  or
    26  other  such  position  as to which handling of containers which may have
    27  held alcoholic beverages is necessary shall be permitted to do so  under
    28  the  direct  supervision  of a person of legal age to purchase alcoholic
    29  beverages in the state, (4) any person under the age of  eighteen  years
    30  and  employed by any person holding a grocery or drug store wine license
    31  shall be permitted to handle and deliver wine for such licensee, and (5)
    32  any person under the age of eighteen employed as a cashier by  a  person
    33  holding  a  grocery  or  drug  store  wine license shall be permitted to
    34  record and receive payment for wine when in the presence  of  and  under
    35  the direct supervision of a person eighteen years of age or over.
    36    §  6.  Section 100 of the alcoholic beverage control law is amended by
    37  adding a new subdivision 2-c to read as follows:
    38    2-c. No person shall sell, deliver or give away or cause or permit  or
    39  procure  to  be sold, delivered or given away any alcoholic beverages to
    40  any person, actually or apparently, under the age of  twenty-one  years.
    41  As  a  precondition to the sale of any alcoholic beverage, the purchaser
    42  of any alcoholic beverage must  provide  written  evidence  of  age.  No
    43  licensee,  or  agent or employee of a licensee under this chapter, shall
    44  accept as written evidence of age by any such person for the purchase of
    45  any alcoholic beverage, any documentation other than: (a) a valid  driv-
    46  er's license or non-driver identification card issued by the commission-
    47  er of motor vehicles, the federal government, any United States territo-
    48  ry,  commonwealth  or  possession,  the  District  of  Columbia, a state
    49  government within the United States or a provincial  government  of  the
    50  dominion  of Canada, or (b) a valid passport issued by the United States
    51  government or any other country, or (c) an identification card issued by
    52  the armed forces of the United States.
    53    § 7. Paragraph (a) of subdivision 14 of section 105 of  the  alcoholic
    54  beverage control law, as amended by section 1 of part U of chapter 63 of
    55  the laws of 2003, is amended to read as follows:

        A. 5932                             5
 
     1    (a)  No  premises licensed to sell liquor and/or wine for off-premises
     2  consumption shall be permitted to remain open:
     3    (i)  On  Sunday  before  [twelve  o'clock post meridian] eight o'clock
     4  antemeridian and after nine o'clock post meridian.
     5    (ii) On any day between [midnight and] three o'clock antemeridian  and
     6  eight o'clock antemeridian.
     7    [(iii) On the twenty-fifth day of December, known as Christmas day.]
     8    In  any  community  where daylight saving time is in effect, such time
     9  shall be deemed the standard time for the purpose of this subdivision.
    10    § 8. Section 105 of the alcoholic beverage control law is  amended  by
    11  adding a new subdivision 24 to read as follows:
    12    24. Cooperative agreements by licensees to sell at retail for consump-
    13  tion  on the premises. Any two or more retail licensees for off-premises
    14  consumption may join in a cooperative agreement to make joint  purchases
    15  of  alcoholic  beverages  in  larger  quantities than might otherwise be
    16  purchased; provided, however, that  all  alcoholic  beverages  purchased
    17  pursuant to any such agreement shall be distributed to none other than a
    18  licensee who is a party to such agreement.
    19    § 9. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
    20  control  law, as amended by chapter 458 of the laws of 1993, are amended
    21  to read as follows:
    22    3-a. No licensee or permittee shall purchase or agree to purchase  any
    23  alcoholic  beverages  from  any  person within the state who is not duly
    24  licensed to sell such alcoholic beverage as the case may be, at the time
    25  of such agreement and sale nor give any order for any alcoholic beverage
    26  to any individual who is not the holder of a solicitor's permit,  except
    27  as  provided for in section eighty-five [or], ninety-nine-g, or seventy-
    28  nine-e, or subdivision ten of section sixty-three of this chapter.
    29    3-b. No retail licensee shall purchase, agree to purchase  or  receive
    30  any  alcoholic  beverage  except  from a person duly licensed within the
    31  state by the liquor authority to sell such  alcoholic  beverage  at  the
    32  time  of  such  agreement  and  sale  to such retail licensee, except as
    33  provided for in section eighty-five  [or],  ninety-nine-g,  or  seventy-
    34  nine-e, or subdivision ten of section sixty-three of this chapter.
    35    §  10.  Subdivision  2 of section 79 of the alcoholic beverage control
    36  law is amended to read as follows:
    37    2. [Not more than one license shall be] Nothing in this section  shall
    38  be  construed  to  prohibit  multiple licenses from being granted to any
    39  person under this section.
    40    § 11. Subdivision 2 of section 105 of the alcoholic  beverage  control
    41  law is REPEALED.
    42    §  12.  Subdivision 7 of section 105 of the alcoholic beverage control
    43  law is REPEALED.
    44    § 13. The alcoholic beverage control law is amended by  adding  a  new
    45  section 79-e to read as follows:
    46    § 79-e. Grocery or drug store wine license. 1. Any person may apply to
    47  the  authority  for a license to sell from the licensed premises wine in
    48  sealed containers for consumption off such premises.
    49    2. No such license shall be issued, however, to  any  person  for  any
    50  premises  other than a grocery store, as defined in subdivision thirteen
    51  of section three of this chapter, or a drug store, as defined in  subdi-
    52  vision twelve of section three of this chapter.
    53    3. (a) Notwithstanding any other provision of this chapter, except for
    54  good cause shown, the authority shall issue a grocery or drug store wine
    55  license  to  the holder of a license to sell beer at retail for consump-
    56  tion off the premises pursuant to section fifty-four of this chapter, or

        A. 5932                             6
 
     1  beer and wine products at retail for consumption off the premises pursu-
     2  ant to section fifty-four-a of this chapter,  at  the  request  of  such
     3  licensee,  or  to the holder of a wholesaler's license issued or renewed
     4  prior  to  July first, nineteen hundred sixty, and thereafter renewed or
     5  transferred, which authorizes the holder thereof to sell beer at  retail
     6  to a person for consumption in his or her home.
     7    (b)  For the purposes of this subdivision, the premises of the grocery
     8  or drug store wine licensee shall be the same as the  premises  licensed
     9  under section fifty-four or fifty-four-a of this chapter.
    10    (c)  Notwithstanding any other provisions of this chapter, any license
    11  issued pursuant to this section shall run concurrently with the underly-
    12  ing license under section fifty-four or fifty-four-a  of  this  chapter,
    13  and  shall  be  deemed  expired  at  such time as the underlying license
    14  expires.
    15    (d) Wine tasting. Any person licensed to sell wine  pursuant  to  this
    16  article shall be permitted to conduct wine tastings. Wine tastings which
    17  are  conducted under the auspices of an official agent of a farm winery,
    18  winery, wholesaler, or importer and where such agent is physically pres-
    19  ent at all times during the conduct of the tasting, then, in that event,
    20  any liability stemming from a right of  action  resulting  from  a  wine
    21  tasting  as  authorized pursuant to this section, and in accordance with
    22  the provisions of sections 11-100 and 11-101 of the general  obligations
    23  law, shall accrue to the farm winery, winery, wholesaler, or importer.
    24    4.  Notwithstanding any other provision of this chapter, the authority
    25  may issue a license under this section to the holder  of  a  license  to
    26  sell wine at retail for consumption off the premises pursuant to section
    27  seventy-nine  of this article, provided that: (a) the licensee meets the
    28  requirements of subdivision two of this section; and (b)  upon  issuance
    29  of  a  license,  the  licensee under this section surrenders the license
    30  certificate issued pursuant to such section seventy-nine.
    31    5. Such application shall be in  such  form  and  shall  contain  such
    32  information as shall be required by the rules of the authority and shall
    33  be  accompanied by a check or draft in the amount required by this arti-
    34  cle for such license.
    35    6. Notwithstanding any other provisions of this  chapter,  any  person
    36  receiving a license pursuant to this section shall not be subject to the
    37  provisions  of subdivision two, three or four of section seventy-nine of
    38  this article.
    39    7. Notwithstanding any other provisions of this  chapter,  any  person
    40  receiving a license pursuant to this section shall not be subject to the
    41  provisions  of paragraph (a) of subdivision three of section one hundred
    42  five of this chapter.
    43    8. (a) A one-time franchise fee shall  be  paid  for  by  each  retail
    44  outlet  to  the  state  liquor  authority.  This franchise fee is hereby
    45  imposed at a rate of 0.46 of one percent of the total gross sales at the
    46  individual licensed premises of the licensee in the previous year.
    47    (b) In the event an applicant has  been  in  business  for  less  than
    48  twelve  months  prior to the filing of the application for this license,
    49  such applicant shall, in accordance with the  rules  of  the  authority,
    50  remit  an  estimate  of  its  franchise fee based on square footage at a
    51  licensee's location pursuant to the following schedule:
    52  Square Footage at             Franchise Fee
    53  Licensee's Location           Per Location
    54          0-999                 $825
    55    1,000-1,999                 $1,650
    56    2,000-3,999                 $3,300

        A. 5932                             7
 
     1    4,000-9,999                 $8,250
     2  10,000-19,999                 $16,500
     3  20,000-24,999                 $33,000
     4  25,000-29,999                 $82,500
     5  30,000-39,999                 $132,000
     6  40,000 and greater            $495,000
     7    Within  sixty days after such licensee shall have been in business for
     8  twelve months, such licensee shall submit to the authority,  in  accord-
     9  ance  with  the  rules  of the authority, a statement showing its actual
    10  total gross sales for the first twelve months of operation and the fran-
    11  chise fee due pursuant to paragraph (a)  of  this  subdivision.  In  the
    12  event  the  franchise  fee determined pursuant to such paragraph exceeds
    13  the amount paid pursuant to this paragraph,  the  licensee  shall  remit
    14  payment  for  the  balance  of  the  required  franchise fee within such
    15  sixty-day period. Failure to remit payment within such sixty-day  period
    16  shall  be grounds for cancellation or revocation of such license. In the
    17  event that the franchise fee due  pursuant  to  paragraph  (a)  of  this
    18  subdivision is less than the amount paid pursuant to this paragraph, the
    19  licensee  shall  be entitled to a refund equal to the difference between
    20  the franchise fee paid pursuant to this paragraph  and  the  amount  due
    21  pursuant to paragraph (a) of this subdivision.
    22    (c)  No  license  shall  be  issued pursuant to this section until the
    23  franchise fee or estimated franchise fee under this subdivision required
    24  by either paragraph (a) or (b) of this  subdivision  has  been  paid  in
    25  full.
    26    (d)  The  franchise fee shall be deposited and disposed of in the same
    27  manner as any license fee as provided in section one hundred twenty-five
    28  of this chapter.
    29    9. (a) Any person licensed  to sell wine pursuant to this article that
    30  operates the premises of the grocery or drug store  wine  licensee  that
    31  occupies  less  than  one  thousand  square  feet may purchase, agree to
    32  purchase or receive any alcoholic beverage from a person licensed  under
    33  section  sixty-three  of  this  chapter  to  sell  liquor  at retail for
    34  consumption off the premises.
    35    (b) Any person licensed to sell wine at retail for consumption off the
    36  premises under section seventy-nine of this  article  is  authorized  to
    37  sell  wine  to persons licensed to sell wine under this article and this
    38  section who operate the premises of  the  grocery  or  drug  store  wine
    39  licensee that occupies less than one thousand square feet.
    40    10.  The state liquor authority may make such rules as it deems neces-
    41  sary to carry out the provisions of this section,  however,  such  rules
    42  shall  not be construed to place additional limitations upon the holders
    43  of licenses issued pursuant to  section  seventy-nine  of  this  article
    44  unrelated to the sale of wine.
    45    §  14. Subdivision 10 of section 105 of the alcoholic beverage control
    46  law, paragraph (a) as amended by chapter 679 of the  laws  of  1950,  is
    47  amended to read as follows:
    48    10.  [(a)] Each retail licensee of liquor and/or wine for off-premises
    49  consumption shall have conspicuously displayed within  the  interior  of
    50  the  licensed  premises where sales are made and where it can be readily
    51  inspected by consumers a printed price list of the liquors and/or  wines
    52  offered for sale therein; and no liquor and/or wine shall be sold except
    53  at the price set forth in such list[;
    54    (b)  No  screen,  blind, curtain, partition, article or thing shall be
    55  permitted in the windows or upon the doors of  such  licensed  premises,

        A. 5932                             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-c to read as follows:
     7    §  97-c.  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. Paragraph (b) of subdivision 3 of section 101-b of the alcoholic
    48  beverage control law, as amended by section 1 of part E of chapter 56 of
    49  the laws of 2006, is amended to read as follows:
    50    (b) No brand of liquor or wine shall be sold  to  or  purchased  by  a
    51  retailer  unless a schedule, as provided by this section, is transmitted
    52  to and received by the liquor authority, and is  then  in  effect.  Such
    53  schedule  shall  be  transmitted  to the authority in such form, manner,
    54  medium and format as the authority may  direct;  shall  be  deemed  duly
    55  verified by the person submitting such schedule upon its transmission to
    56  the  authority;  and shall contain, with respect to each item, the exact

        A. 5932                             9
 
     1  brand or trade name, capacity of package, nature of  contents,  age  and
     2  proof where stated on the label, the number of bottles contained in each
     3  case,  the  bottle  and case price to retailers, the net bottle and case
     4  price paid by the seller, which prices, in each instance, shall be indi-
     5  vidual  for  each item and not in "combination" with any other item, the
     6  discounts for quantity, if any, and the discounts for time  of  payment,
     7  if  any. For purposes of this paragraph, in regards to premises licensed
     8  under section sixty-three  of  this  chapter,  "combination"  shall  not
     9  include wines provided by the same vineyard or distributor to a retailer
    10  and  where  such  wines  may  be different. Such brand of liquor or wine
    11  shall not be sold to retailers except at the price and discounts then in
    12  effect unless prior written permission of the authority is  granted  for
    13  good  cause  shown  and for reasons not inconsistent with the purpose of
    14  this chapter. Such schedule shall be transmitted  by  each  manufacturer
    15  selling  such  brand  to  retailers  and by each wholesaler selling such
    16  brand to retailers.
    17    § 17. This act shall take effect on  the  one  hundred  eightieth  day
    18  after it shall have become a law.
Go to top