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A05565 Summary:

A05565 Actions:

A05565 Floor Votes:

A05565 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5565--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 23, 2011
                                       ___________
 
        Introduced by M. of A. HEASTIE, MONTESANO, J. MILLER, McDONOUGH, MURRAY,
          FITZPATRICK,  JAFFEE,  CASTRO, BENEDETTO, CRESPO -- Multi-Sponsored by
          -- M. of A.   ARROYO,  CROUCH,  GOLDFEDER,  V. LOPEZ,  MORELLE,  MOYA,
          RAMOS,  P. RIVERA,  RUSSELL,  SIMANOWITZ, SMARDZ, SWEENEY -- read once
          and referred to the Committee on Economic Development -- reported  and

          referred  to  the  Committee  on  Codes  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          permitting the holder of a wholesaler's license to sell  certain  food
          and  seasonal  specialty  items  and  to install and operate automated
          teller machines
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraph (a) of subdivision 1 of section 104 of the alco-
     2  holic beverage control law, as amended by chapter 223  of  the  laws  of
     3  2002, is amended to read as follows:
     4    (a)  No wholesaler shall be engaged in any other business on the prem-
     5  ises to be licensed; except that nothing contained in this chapter shall

     6  (1) prohibit a beer wholesaler from (i) acquiring,  storing  or  selling
     7  non-alcoholic  snack foods, as defined in paragraph (b) of this subdivi-
     8  sion, (ii) manufacturing, bottling, storing,  or  selling  non-alcoholic
     9  carbonated  beverages, (iii) manufacturing, storing or selling non-alco-
    10  holic non-carbonated soft drinks, mineral waters, spring waters,  drink-
    11  ing  water, non-taxable malt or cereal beverages, juice drinks, fruit or
    12  vegetable juices, ice, liquid beverage mixes and dry or frozen  beverage
    13  mixes, (iv) acquiring, storing or selling wine products, (v) the sale of
    14  promotional items on such premises, or (vi) the sale of tobacco products
    15  at  retail  by  wholesalers  who  are  licensed  to  sell beer and other
    16  products at retail, (2) prohibit a wholesaler authorized  to  sell  wine
    17  from manufacturing, acquiring or selling wine merchandise, as defined in
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03357-02-2
        A. 5565--A                          2
 
     1  paragraph  (d) of this subdivision, or (3) prohibit a licensed winery or
     2  licensed farm winery from engaging in the business of a wine  wholesaler
     3  for  New  York  state  labeled  wines produced by any licensed winery or
     4  licensed  farm  winery  or prohibit such wine wholesaler from exercising
     5  any of its rights pursuant to sections seventy-six and seventy-six-a  of
     6  this  chapter  provided  that the operation of such beer and wine whole-
     7  salers business shall be subject to such rules and  regulations  as  the
     8  liquor  authority may prescribe.  (4) The sale of the following products

     9  at retail shall not constitute engaging in another business  within  the
    10  meaning  of  this  subdivision:  (i) candy, chewing gum and cough drops;
    11  (ii) non-refrigerated salsa; (iii) cigarette  lighters,  lighter  fluid,
    12  matches  and  ashtrays;  (iv)  barbecue  and picnic-related products and
    13  supplies, which shall include, but not be limited to, charcoal,  grills,
    14  propane  gas,  plastic  and paper cups; paper or plastic tablecloths and
    15  coolers; (v) beer making and brewing supplies  and  publications,  which
    16  shall  include,  but  not be limited to, books, magazines, equipment and
    17  ingredients; (vi) steins, mugs and other glassware appropriate  for  the
    18  consumption of beer, malt beverages and wine products; (vii) items typi-

    19  cally  used  to serve beer and malt beverages including, but not limited
    20  to, taps, kegerators, cozies and beer socks; (viii)  lemons,  limes  and
    21  oranges, provided that no more than two dozen of each shall be displayed
    22  at  any  one  time; (ix) rock salt, ice and snow melting compounds, snow
    23  shovels; windshield washer solvent; firewood; beach umbrellas; sunglass-
    24  es and sun block; and (x) prepaid telephone cards. (5) The  installation
    25  and  operation  of  a  single  automated teller machine in each licensed
    26  premises shall not constitute engaging in another  business  within  the
    27  meaning  of  this  subdivision.    For the purposes of this subdivision,
    28  "automated teller machine"  means  a  device  which  is  linked  to  the

    29  accounts  and records of a banking institution and which enables consum-
    30  ers to carry out banking transactions, including  but  not  limited  to,
    31  account  transfers,  deposits,  cash  withdrawals, balance inquiries and
    32  loan payments.
    33    § 2. This act shall take effect immediately.