Authorizes retail licensees for on-premises consumption to sell and/or deliver alcoholic beverages for consumption off the premises, within certain size limitations, that such licensees are currently licensed to sell.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3806
SPONSOR: Cymbrowitz TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
authorizing retail licensees for on-premises consumption to sell and/or
deliver alcoholic beverages for consumption off the premises
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to permit retailers licensed for on-premises
consumption, such as bars and restaurants, to sell and/or deliver wine,
mead or liquor for consumption off the premises, subject to certain
restrictions.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 106, subdivision 3 of the alcohol control law
by creating subdivision 3-a as follows:
Upon the approval of the SLA, a retail licensee for on-premises consump-
tion may sell and/or deliver wine, mead, or liquor for consumption off
the premises where sold.
Such licensee may only sell and/or deliver for off-premise consumption
those alcoholic beverages containing wine, mead, or liquor for which the
retailer is licensed, and when all of the following conditions are met:
*with the purchase of food
*during the licensed hours of operation
*consistent with municipal open container ordinances
*in a closed or sealed container not to exceed the following volumes:
*5 fluid ounces for wine or mead
*32 fluid ounces for wine or mead mixed with non-alcoholic beverages
*10 fluid ounces for liquor mixed with non-alcoholic beverages
Delivery shall be permitted in a vehicle permitted by the SLA, or owned
and operated by the licensee or its employee with a copy of current
issued license on his/her person. Section two is the enacting clause.
JUSTIFICATION:
The 2019 novel coronavirus took an immense toll on the restaurant and
hospitality industry in NYS and the future of food service in New York
State is uncertain. More than 50% of businesses are unsure if they will
re-open, and almost 4% predict they will permanently close. Surveys
conducted by the NYS Restaurant Association and the NYC Hospitality
Alliance attempt to quantify this almost incalculable loss. In NYS, the
food service industry is estimated to have lost $3.6 billion in sales
during April 2020, a 79% percent decline compared to April 2019. Restau-
rants and food service jobs represent 9% of the state's workforce and
more than 527,000 restaurant employees, or about 80%, have been laid off
or furloughed.
In an attempt to alleviate the economic hardships faced by the loss of
revenue for on-premises consumption retailers, Governor Cuomo ordered
the State Liquor Authority to permit the sale of wine, mead, and liquor
for off-site consumption and promulgate guidance for such sales. This
bill continues these privileges beyond the coronavirus emergency PAUSE
order as an additional revenue stream to assist in the restaurant and
food service industry's' immediate recovery and to ensure a healthy and
profitable future.
This bill does not impact the existing ability of on-premises retailers
under the ABC Law to sell beer and cider for off-premises consumption.
Sources: National Restaurant Association Restaurant Impact Survey (April
10-16) NYC Hospitality Business Status Survey (May 2020)
PRIOR LEGISLATIVE HISTORY:
2019-20 A.10534A Referred to Economic Development! S.8565 Benjamin
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To Be Determined
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
3806
2021-2022 Regular Sessions
IN ASSEMBLY
January 28, 2021
___________
Introduced by M. of A. CYMBROWITZ, SEAWRIGHT -- read once and referred
to the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing retail licensees for on-premises consumption to sell
and/or deliver alcoholic beverages for consumption off the premises
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 106 of the alcoholic beverage
2 control law, as amended by chapter 297 of the laws of 2016, is amended
3 and a new subdivision 3-a is added to read as follows:
4 3. [No] Except as provided in subdivision three-a of this section, no
5 retail licensee for on-premises consumption shall sell, deliver or give
6 away, or cause or permit or procure to be sold, delivered or given away
7 any liquors and/or wines for consumption off the premises where sold.
8 The provisions of this subdivision shall not prohibit a licensed winery
9 or farm winery from allowing a patron to leave the winery or farm winery
10 with a partially consumed bottle of wine provided that the removal of
11 the bottle is done in accordance with subdivision four of section eight-
12 y-one of this chapter.
13 3-a. (a) Notwithstanding any other provision of law to the contrary, a
14 retail licensee for on-premises consumption, upon approval by the
15 authority, may sell and/or deliver certain alcoholic beverages contain-
16 ing wine, mead, or liquor for consumption off the premises where sold.
17 Such licensee may only sell and/or deliver for consumption off the prem-
18 ises alcoholic beverages containing wine, mead, or liquor for which such
19 licensee is licensed to sell for consumption on the premises.
20 (b) A retail licensee for on-premises consumption shall only permit
21 the sale or delivery of alcoholic beverages containing wine, mead, or
22 liquor:
23 (i) with the purchase of food;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05034-01-1
A. 3806 2
1 (ii) in any closed or sealed container not to exceed five fluid ounces
2 per container for wine or mead, thirty-two fluid ounces per container
3 for wine or mead mixed with non-alcoholic beverages, and ten fluid ounc-
4 es per container for liquor mixed with non-alcoholic beverages, provided
5 such sale or delivery is consistent with municipal open container ordi-
6 nances; and
7 (iii) during licensed hours of operation.
8 (c) Deliveries shall be made in:
9 (i) a vehicle permitted by the authority; or
10 (ii) a vehicle owned and operated by a retail licensee or its employee
11 provided the person making the delivery shall have upon his or her
12 person while so delivering a copy of the current license issued by the
13 authority.
14 (d) Nothing in this subdivision shall be construed to abrogate the
15 ability of a retail licensee for on-premises consumption to sell beer or
16 cider for consumption off the premises as provided for in this chapter.
17 § 2. This act shall take effect immediately.
