Permits licensees under the alcoholic beverage control law to sell and deliver alcoholic beverages for off-premises consumption; provides for the repeal of such provisions upon the expiration thereof.
STATE OF NEW YORK
________________________________________________________________________
3116
2021-2022 Regular Sessions
IN ASSEMBLY
January 22, 2021
___________
Introduced by M. of A. FAHY, WOERNER, LUPARDO -- read once and referred
to the Committee on Economic Development
AN ACT in relation to permitting licensees under the alcoholic beverage
control law to sell and deliver alcoholic beverages for off-premises
consumption; and providing for the repeal of such provisions upon the
expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. a. Notwithstanding any other provision of law to the
2 contrary, any on-premises licensee and any manufacturing licensee with
3 on-premises retail privileges that is licensed pursuant to the alcoholic
4 beverage control law may sell for off-premises consumption any alcoholic
5 beverages that it is licensed to sell for on-premises consumption.
6 b. Alcoholic beverages sold for off-premises consumption pursuant to
7 this section:
8 (i) may be sold in any closed or any sealed container of any size,
9 provided that the sale of each container shall be accompanied by the
10 purchase of food, and provided further that sales of such alcoholic
11 beverages shall comply with any applicable municipal ordinances relating
12 to open containers;
13 (ii) may be sold for takeout from the licensed premises, or may be
14 delivered to the residence of a customer over the age of twenty-one,
15 provided that deliveries shall be made in a vehicle permitted by the
16 liquor authority or in a vehicle owned and operated or hired and oper-
17 ated by the licensee or its employee, and provided further that a copy
18 of the permit or license must be present in such vehicle while making
19 deliveries; and
20 (iii) may only be sold for off-premises consumption during the
21 on-premises hours of operation of the county in which the premises is
22 located or, if different, the hours of operation set forth in the
23 licensee's method of operation with the liquor authority.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06514-01-1
A. 3116 2
1 c. The provisions of this section shall not be construed to modify or
2 limit any off-premises privileges afforded by a licensee's current
3 license.
4 d. The liquor authority shall conduct regular outreach to munici-
5 palities and community boards to solicit comment regarding the implemen-
6 tation of this act and the effects of this act on local communities. Not
7 later than six months after the effective date of this act, the liquor
8 authority shall report to the governor and the legislature on the imple-
9 mentation of this act, including a summary of comments the authority has
10 received from municipalities and community boards.
11 e. Not sooner than four months and not later than two months before
12 this act shall expire and be deemed repealed, the liquor authority shall
13 conduct at least three public hearings to solicit public comment on the
14 implementation of this act and the effects of this act on local communi-
15 ties, one of which shall take place in the City of New York, one of
16 which shall take place in Western New York, and one of which shall take
17 place in the Capital Region.
18 f. Notwithstanding any inconsistent provision of law to the contrary,
19 the liquor authority may on its own initiative or on complaint of any
20 person institute proceedings to suspend or revoke a licensee's ability
21 to sell alcoholic beverages for off-premises consumption pursuant to
22 this act after a hearing at which the licensee shall be given an oppor-
23 tunity to be heard. Such proceedings and such hearing shall be held in
24 such manner and upon such notice as may be prescribed by the rules of
25 the liquor authority, provided that:
26 (i) the liquor authority shall give written notice to the licensee and
27 the municipality or community board at least fifteen days in advance of
28 such hearing; and
29 (ii) a municipality or community board may express an opinion for or
30 against allowing such licensee to continue to sell alcoholic beverages
31 for off-premises consumption pursuant to this act. Any such opinion
32 shall be deemed part of the record upon which the liquor authority makes
33 its determination pursuant to this subdivision.
34 g. The liquor authority may promulgate rules and regulations to imple-
35 ment the provisions of this act.
36 § 2. This act shall take effect immediately, and shall expire and be
37 deemed repealed two years after the expiration of the state disaster
38 emergency, as such term is defined in section 20 of the executive law,
39 declared pursuant to executive order 202 of 2020, as amended.