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A03806 Summary:

BILL NOA03806
 
SAME ASNo Same As
 
SPONSORCymbrowitz
 
COSPNSRSeawright, Carroll, Lavine, Quart
 
MLTSPNSRHawley
 
Amd §106, ABC L
 
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.
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A03806 Actions:

BILL NOA03806
 
01/28/2021referred to economic development
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A03806 Memo:

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
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A03806 Text:



 
                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.
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