STATE OF NEW YORK
________________________________________________________________________
S. 5677 A. 7361
2017-2018 Regular Sessions
SENATE - ASSEMBLY
April 25, 2017
___________
IN SENATE -- Introduced by Sen. MURPHY -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Investi-
gations and Government Operations
IN ASSEMBLY -- Introduced by M. of A. GALEF -- read once and referred to
the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
removing prohibitions on manufacturers and wholesalers from having an
interest in retail sales and removing the general prohibition of
on-site breweries; and repealing certain provisions of such law relat-
ing thereto
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 101 of the alco-
2 holic beverage control law is REPEALED and paragraphs (b), (c), (d) and
3 (e) are relettered paragraphs (a), (b), (c) and (d).
4 § 2. Paragraph (d) of subdivision 1 of section 101 of the alcoholic
5 beverage control law, as added by chapter 557 of the laws of 1964 and as
6 relettered by section one of this act, is amended to read as follows:
7 (d) The prohibitions and restrictions contained in paragraphs [b, c
8 and d above] (a), (b) and (c) of this subdivision shall not apply to any
9 contractual arrangements between a licensed manufacturer or wholesaler
10 and a licensed retailer where such manufacturer or wholesaler has made a
11 substantial investment, directly or through such retailer, in the
12 construction, capitalization or furnishing of any exhibit, facility or
13 installation in the area leased by the city of New York to New York
14 World's Fair 1964-1965 Corporation, pursuant to chapter four hundred
15 twenty-eight of the laws of nineteen hundred sixty, as amended, and such
16 retailer is conducting his business as a part of such exhibit or instal-
17 lation or is responsible to such corporation for the construction, oper-
18 ation or maintenance of such exhibit, facility or installation. This
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08669-01-7
S. 5677 2 A. 7361
1 modification to the prohibitions and restrictions contained in this
2 paragraph shall continue until November first, nineteen hundred sixty-
3 five.
4 § 3. Subdivision 13 of section 106 of the alcoholic beverage control
5 law is REPEALED.
6 § 4. Subdivisions 18 and 19 of section 64-c of the alcoholic beverage
7 control law are REPEALED.
8 § 5. Subdivision 7 of section 103 of the alcoholic beverage control
9 law, as amended by chapter 221 of the laws of 2011, is amended to read
10 as follows:
11 7. Each manufacturer shall keep and maintain upon the licensed prem-
12 ises, adequate books and records of all transactions involving the manu-
13 facture and sale of his or its products, which shall show the ingredi-
14 ents but not the formula or recipe used in the manufacture of such
15 alcoholic beverages together with the quantity of alcoholic beverages
16 manufactured by such manufacturer; the names, addresses, and the license
17 numbers of the purchasers of such alcoholic beverages, together with the
18 quantities involved in such purchases, whether the same shall be sold
19 within or without the state. Each sale shall be recorded separately on a
20 numbered invoice, which shall have printed thereon the number, the name
21 of the licensee, the address of the licensed premises, and the current
22 license number. Such manufacturer shall deliver to the purchaser a true
23 duplicate invoice stating the name and address of the purchaser, the
24 quantity of alcoholic beverages, description by brands and the price of
25 such alcoholic beverages, and a true, accurate and complete statement of
26 the terms and conditions on which such sale is made. Any terms and
27 conditions of a sale not stated on said invoice shall constitute a
28 service within the meaning of paragraph [(c)] (b) of subdivision one of
29 section one hundred one of this article. Such books, records and
30 invoices shall be kept for a period of two years and shall be available
31 for inspection by any authorized representative of the liquor authority.
32 Provided, however, that any books and records required by this chapter
33 to be maintained by a winery, farm winery, special winery, special farm
34 winery or microwinery must be kept either upon the licensed premises or
35 such other location as may be approved by the authority.
36 § 6. Subdivision 10 of section 104 of the alcoholic beverage control
37 law, as amended by chapter 162 of the laws of 1969, is amended to read
38 as follows:
39 10. Each wholesaler shall keep and maintain upon the licensed prem-
40 ises, adequate books and records of all transactions involving the busi-
41 ness transacted by such wholesaler, which shall show the amount of alco-
42 holic beverages in gallons, purchased by such wholesaler together with
43 the names, license numbers and places of business of the persons from
44 whom the same was purchased and the amount involved in such purchases,
45 as well as the amount of alcoholic beverages, in gallons, sold by such
46 wholesaler together with the names, addresses, and license numbers of
47 such purchasers whether the same shall be purchased or sold within or
48 without the state. Each sale shall be recorded separately on a numbered
49 invoice, which shall have printed thereon the number, the name of the
50 licensee, the address of the licensed premises, and the current license
51 number. Such wholesaler shall deliver to the purchaser a true duplicate
52 invoice stating the name and address of the purchaser, the quantity of
53 alcoholic beverages, description by brands and the price of such alco-
54 holic beverages, and a true, accurate and complete statement of the
55 terms and conditions on which such sale is made. Any terms and condi-
56 tions of a sale not stated on said invoice shall constitute a service
S. 5677 3 A. 7361
1 within the meaning of [section one hundred and one, subdivision one (c)
2 of this chapter] paragraph (b) of subdivision one of section one hundred
3 one of this article. Such books, records and invoices shall be kept for
4 a period of two years and shall be available for inspection by any
5 authorized representative of the liquor authority.
6 § 7. This act shall take effect immediately.
