A07916 Summary:

BILL NOA07916A
 
SAME ASSAME AS S04348-A
 
SPONSORPichardo
 
COSPNSR
 
MLTSPNSR
 
Rpld §105 subs 2 & 7, amd ABC L, generally
 
Enacts the wine industry and liquor store revitalization act; authorizes grocery and drug stores to sell wine on their premises for consumption off the premises.
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A07916 Actions:

BILL NOA07916A
 
05/28/2019referred to economic development
01/08/2020referred to economic development
01/27/2020amend and recommit to economic development
01/27/2020print number 7916a
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A07916 Committee Votes:

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A07916 Floor Votes:

There are no votes for this bill in this legislative session.
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A07916 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7916--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 28, 2019
                                       ___________
 
        Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
          tee on Economic Development -- recommitted to the Committee on Econom-
          ic Development in accordance with Assembly Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          enacting the wine industry and liquor store revitalization act; and to
          repeal certain provisions of such law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act  shall  be  known and may be cited as the "wine
     2  industry and liquor store revitalization act".
     3    § 2. Subdivisions 4 and 5 of section  63  of  the  alcoholic  beverage
     4  control  law,  subdivision  4  as  amended by chapter 360 of the laws of
     5  2017, are amended and five new subdivisions 7, 8, 9, 10 and 11 are added
     6  to read as follows:
     7    4. (a) No licensee under this section shall be engaged  in  any  other
     8  business on the licensed premises. The sale of products complementary to
     9  the  business  of the licensed premises shall not constitute engaging in
    10  another business within the meaning of this subdivision.  Such  products
    11  shall  include  but  not be limited to the sale of lottery tickets, when
    12  duly authorized and lawfully conducted, the sale of  corkscrews  or  the
    13  sale  of  ice  or  the sale of publications, including prerecorded video
    14  and/or audio cassette tapes, or educational seminars, designed  to  help
    15  educate  consumers  in  their  knowledge  and  appreciation of alcoholic
    16  beverages, as defined in section  three  of  this  chapter  and  allowed
    17  pursuant  to their license, or the sale of [non-carbonated, non-flavored
    18  mineral waters, spring waters and drinking waters] non-alcoholic  bever-
    19  ages  for  consumption  on or off premises, including but not limited to
    20  bottled water, juice and soda beverages, or the sale of tobacco products
    21  or herbal cigarettes, provided the licensee complies with section  thir-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08820-04-0

        A. 7916--A                          2
 
     1  teen  hundred  ninety-nine-cc  of  the public health law, or the sale at
     2  retail of cigars which have been  prepackaged  by  the  manufacturer  in
     3  boxes  of  ten  or  more,  or  the sale of publications designed to help
     4  educate consumers in their knowledge and appreciation of cigar products,
     5  or  food  items,  which shall include locally produced farm products and
     6  any food  or  food  product  not  specifically  prepared  for  immediate
     7  consumption upon the premises, or the sale of gift bags and gift baskets
     8  including, but not limited to, shot glasses, single malt scotch glasses,
     9  grappa  glasses,  decanters,  other glassware, food or farm products not
    10  specifically prepared for immediate consumption upon the  premises,  all
    11  of which is related to the consumption and enjoyment of wine and spirits
    12  or  the  sale  of  glasses  designed  for the consumption of wine, racks
    13  designed for the storage of  wine,  and  devices  designed  to  minimize
    14  oxidation  in  bottles  of wine which have been uncorked, or the sale of
    15  gift bags, gift boxes, or wrapping, for alcoholic beverages purchased at
    16  the licensed premises shall not constitute engaging in another  business
    17  within  the  meaning of this subdivision. Any fee obtained from the sale
    18  of an educational seminar shall not be considered as a fee for any tast-
    19  ing that may be offered during an  educational  seminar,  provided  that
    20  such  tastings  are available to persons who have not paid to attend the
    21  seminar and all  tastings  are  conducted  in  accordance  with  section
    22  sixty-three-a of this article.
    23    (b)  The installation and operation of automated teller machines shall
    24  not constitute engaging in another business within the meaning  of  this
    25  subdivision.   For  purposes  of  this  subdivision,  "automated  teller
    26  machine" means a device which is linked to the accounts and records of a
    27  banking institution and which enables consumers  to  carry  out  banking
    28  transactions,  including,  but not limited to, account transfers, depos-
    29  its, cash withdrawals, balance inquiries, and loan payments.
    30    5. [Not more than one license shall be] Nothing in this section  shall
    31  be  construed  to  prohibit  multiple licenses from being granted to any
    32  person under this section.
    33    7. Any license obtained under this section includes  authorization  to
    34  sell alcoholic beverages for resale to licensed premises for on-premises
    35  consumption    as   licensed   by   sections   fifty-five,   sixty-four,
    36  sixty-four-a, seventy-nine-b, and eighty-one of this chapter as provided
    37  in subdivisions three-a and three-b of section one hundred two  of  this
    38  chapter.
    39    8. Commencing on the effective date of this subdivision, no additional
    40  licenses  shall be issued pursuant to this section except as outlined in
    41  subdivision nine of this section. The  provisions  of  this  subdivision
    42  shall not apply to (a) the renewal, transfer or continuance of a license
    43  pursuant  to this chapter, (b) an application for a license filed before
    44  the effective date of this subdivision, (c) the issuance of a license in
    45  accordance with  the  provisions  of  this  chapter,  to  a  person  who
    46  purchased the business operations of a licensee, provided, however, that
    47  any  person licensed under this section shall make an application to the
    48  liquor authority prior to selling its license to another person.
    49    9. Any existing license issued under this section which is canceled or
    50  revoked by the liquor authority may be  auctioned  off  to  the  highest
    51  bidder,  provided that the person meets all the applicable requirements.
    52  The amount of the sale of the existing license  as  authorized  in  this
    53  subdivision  shall  be  subject  to  sales  and  compensating use tax as
    54  imposed by section eleven hundred five of the tax law.
    55    10. Each existing licensee shall be authorized to apply for one  addi-
    56  tional  license  for retail sale of liquor for consumption off the prem-

        A. 7916--A                          3
 
     1  ises for use in the establishment of another licensed premises, provided
     2  however,  the  additional  premises   complies   with   all   applicable
     3  restrictions  and  requirements.  The  additional  license issued by the
     4  authority  under  this  subdivision  may  be sold provided the purchaser
     5  meets all applicable requirements, which sale shall be subject to  sales
     6  and  compensating  use  tax as imposed by section eleven hundred five of
     7  the tax law. The authorization for the establishment of a  new  premises
     8  or  sale  of  the additional license under this subdivision shall expire
     9  three years from the effective date of this subdivision.
    10    11. The authority is authorized to auction off to the highest  bidder,
    11  provided  that  the  person meets all the applicable requirements, addi-
    12  tional licenses for the sale of liquor or wine or  both  at  retail  for
    13  consumption  off the premises. The revenue from this sale shall be allo-
    14  cated for the increased licensure and enforcement efforts of the author-
    15  ity. The authority shall be authorized to  sell  no  more  than  fifteen
    16  additional licenses every two years, beginning on April first, two thou-
    17  sand twenty-two.
    18    §  2-a.  Subdivision 4 of section 63 of the alcoholic beverage control
    19  law, as amended by section 3 of part H of chapter  58  of  the  laws  of
    20  2019, is amended to read as follows:
    21    4.  (a)  No  licensee under this section shall be engaged in any other
    22  business on the licensed premises. The sale of products complementary to
    23  the business of the licensed premises shall not constitute  engaging  in
    24  another  business  within the meaning of this subdivision. Such products
    25  shall include but not be limited to the sale of  lottery  tickets,  when
    26  duly  authorized  and  lawfully  conducted, the sale of reusable bags as
    27  defined in section 27-2801 of the environmental  conservation  law,  the
    28  sale  of  corkscrews  or  the  sale  of ice or the sale of publications,
    29  including prerecorded video and/or audio cassette tapes, or  educational
    30  seminars,  designed  to  help  educate  consumers in their knowledge and
    31  appreciation of alcoholic beverages, as defined in section three of this
    32  chapter and allowed pursuant to their license, or the sale of  [non-car-
    33  bonated, non-flavored mineral waters, spring waters and drinking waters]
    34  non-alcoholic  beverages  for  consumption on or off premises, including
    35  but not limited to bottled water, juice and soda beverages, or the  sale
    36  of tobacco products or herbal cigarettes, provided the licensee complies
    37  with  section  thirteen hundred ninety-nine-cc of the public health law,
    38  or the sale at retail of cigars  which  have  been  prepackaged  by  the
    39  manufacturer  in  boxes  of  ten  or  more,  or the sale of publications
    40  designed to help educate consumers in their knowledge  and  appreciation
    41  of  cigar  products, or food items, which shall include locally produced
    42  farm products and any food or food product not specifically prepared for
    43  immediate consumption upon the premises, or the sale of  gift  bags  and
    44  gift  baskets  including,  but not limited to, shot glasses, single malt
    45  scotch glasses, grappa glasses, decanters, other glassware, food or farm
    46  products not specifically prepared for immediate  consumption  upon  the
    47  premises,  all  of  which is related to the consumption and enjoyment of
    48  wine and spirits or the sale of glasses designed for the consumption  of
    49  wine,  racks  designed  for the storage of wine, and devices designed to
    50  minimize oxidation in bottles of wine which have been uncorked,  or  the
    51  sale  of  gift  bags,  gift  boxes, or wrapping, for alcoholic beverages
    52  purchased at the licensed premises  shall  not  constitute  engaging  in
    53  another  business  within  the  meaning  of  this  subdivision.  Any fee
    54  obtained from the sale of an educational seminar shall not be considered
    55  as a fee for any tasting that may be offered during an educational semi-
    56  nar, provided that such tastings are available to persons who  have  not

        A. 7916--A                          4
 
     1  paid  to attend the seminar and all tastings are conducted in accordance
     2  with section sixty-three-a of this article.
     3    (b)  The installation and operation of automated teller machines shall
     4  not constitute engaging in another business within the meaning  of  this
     5  subdivision.   For  purposes  of  this  subdivision,  "automated  teller
     6  machine" means a device which is linked to the accounts and records of a
     7  banking institution and which enables consumers  to  carry  out  banking
     8  transactions,  including,  but not limited to, account transfers, depos-
     9  its, cash withdrawals, balance inquiries, and loan payments.
    10    § 3. Section 79 of the alcoholic beverage control law  is  amended  by
    11  adding four new subdivisions 5, 6, 7 and 8 to read as follows:
    12    5.  Any  license obtained under this section includes authorization to
    13  sell alcoholic beverages for resale to licensed premises for on-premises
    14  consumption   as   licensed   by   sections   fifty-five,    sixty-four,
    15  sixty-four-a, seventy-nine-b, and eighty-one of this chapter as provided
    16  in  subdivisions  three-a and three-b of section one hundred two of this
    17  chapter.
    18    6. Commencing on the effective date of this subdivision, no additional
    19  licenses shall be issued pursuant to this section except as outlined  in
    20  subdivision  seven  of  this section. The provisions of this subdivision
    21  shall not apply to (a) the renewal, transfer or continuance of a license
    22  pursuant to this chapter, (b) an application for a license filed  before
    23  the effective date of this subdivision, (c) the issuance of a license in
    24  accordance  with  the  provisions  of  this  chapter,  to  a  person who
    25  purchased the business operations of a licensee, provided, however, that
    26  any person licensed under this section shall make an application to  the
    27  liquor authority prior to selling its license to another person.
    28    7. Any existing license issued under this section which is canceled or
    29  revoked  by  the  liquor  authority  may be auctioned off to the highest
    30  bidder, provided that the person meets all the applicable  requirements.
    31  The  amount  of  the  sale of the existing license as authorized in this
    32  subdivision shall be subject  to  sales  and  compensating  use  tax  as
    33  imposed by section eleven hundred five of the tax law.
    34    8.  Each  existing licensee shall be authorized to apply for one addi-
    35  tional license for retail sale of liquor for consumption off  the  prem-
    36  ises for use in the establishment of another licensed premises, provided
    37  however,   the   additional   premises   complies  with  all  applicable
    38  restrictions and requirements. The  additional  license  issued  by  the
    39  authority  under this subdivision as well as any existing license issued
    40  under this section may be sold provided the purchaser meets all applica-
    41  ble requirements, which sale shall be subject to sales and  compensating
    42  use  tax  as  imposed by section eleven hundred five of the tax law. The
    43  authorization for the establishment of a new premises  or  sale  of  the
    44  additional  license under this subdivision shall expire three years from
    45  the effective date of this subdivision.
    46    § 4. Section 83 of the alcoholic beverage control law  is  amended  by
    47  adding a new subdivision 10 to read as follows:
    48    10.  The  annual fee for a grocery or drug store wine license pursuant
    49  to section seventy-nine-e of this  article  shall  be  one  hundred  ten
    50  dollars. Where, however, the applicant is the holder of two or more such
    51  licenses, the annual fee for each additional license shall be double the
    52  amount hereinabove set forth.
    53    §  5. Subdivision 2-a of section 100 of the alcoholic beverage control
    54  law, as amended by chapter 249 of the laws of 2002, is amended  to  read
    55  as follows:

        A. 7916--A                          5
 
     1    2-a.  No  retailer  shall  employ,  or permit to be employed, or shall
     2  suffer to work, on any premises licensed for retail sale hereunder,  any
     3  person  under the age of eighteen years, as a hostess, waitress, waiter,
     4  or in any other capacity where the duties  of  such  person  require  or
     5  permit  such  person  to  sell,  dispense or handle alcoholic beverages;
     6  except that: (1) any person under the age of eighteen years and employed
     7  by any person holding a grocery or drug  store  beer  license  shall  be
     8  permitted  to  handle and deliver beer and wine products for such licen-
     9  see, (2) any person under the age of eighteen employed as a cashier by a
    10  person holding a grocery or drug store beer license shall  be  permitted
    11  to  record  and  receive payment for beer and wine product sales when in
    12  the presence of and under the direct supervision of  a  person  eighteen
    13  years  of  age or over, (2-a) any person under the age of eighteen years
    14  and employed by a person holding a grocery  store  or  drug  store  beer
    15  license  as  either a cashier or in any other position to which handling
    16  of containers which may have  held  alcoholic  beverages  is  necessary,
    17  shall  be permitted to handle the containers if such have been presented
    18  for redemption in accordance with the provisions of title ten of article
    19  twenty-seven of the environmental conservation law, [and] (3) any person
    20  under the age of eighteen years employed as  a  dishwasher,  busboy,  or
    21  other  such  position  as to which handling of containers which may have
    22  held alcoholic beverages is necessary shall be permitted to do so  under
    23  the  direct  supervision  of a person of legal age to purchase alcoholic
    24  beverages in the state, (4) any person under the age of  eighteen  years
    25  and  employed by any person holding a grocery or drug store wine license
    26  shall be permitted to handle and deliver wine for such licensee, and (5)
    27  any person under the age of eighteen employed as a cashier by  a  person
    28  holding  a  grocery  or  drug  store  wine license shall be permitted to
    29  record and receive payment for wine when in the presence  of  and  under
    30  the direct supervision of a person eighteen years of age or over.
    31    §  6.  Section 100 of the alcoholic beverage control law is amended by
    32  adding a new subdivision 2-c to read as follows:
    33    2-c. No person shall sell, deliver or give away or cause or permit  or
    34  procure  to  be sold, delivered or given away any alcoholic beverages to
    35  any person, actually or apparently, under the age of  twenty-one  years.
    36  As  a  precondition to the sale of any alcoholic beverage, the purchaser
    37  of any alcoholic beverage must  provide  written  evidence  of  age.  No
    38  licensee,  or  agent or employee of a licensee under this chapter, shall
    39  accept as written evidence of age by any such person for the purchase of
    40  any alcoholic beverage, any documentation other than: (a) a valid  driv-
    41  er's license or non-driver identification card issued by the commission-
    42  er of motor vehicles, the federal government, any United States territo-
    43  ry,  commonwealth  or  possession,  the  District  of  Columbia, a state
    44  government within the United States or a provincial  government  of  the
    45  dominion  of Canada, or (b) a valid passport issued by the United States
    46  government or any other country, or (c) an identification card issued by
    47  the armed forces of the United States.
    48    § 7. Paragraph (a) of subdivision 14 of section 105 of  the  alcoholic
    49  beverage control law, as amended by section 1 of part U of chapter 63 of
    50  the laws of 2003, is amended to read as follows:
    51    (a)  No  premises licensed to sell liquor and/or wine for off-premises
    52  consumption shall be permitted to remain open:
    53    (i) On Sunday before [twelve  o'clock  post  meridian]  eight  o'clock
    54  antemeridian and after nine o'clock post meridian.
    55    (ii)  On any day between [midnight and] three o'clock antemeridian and
    56  eight o'clock antemeridian.

        A. 7916--A                          6
 
     1    [(iii) On the twenty-fifth day of December, known as Christmas day.]
     2    In  any  community  where daylight saving time is in effect, such time
     3  shall be deemed the standard time for the purpose of this subdivision.
     4    § 8. Section 105 of the alcoholic beverage control law is  amended  by
     5  adding a new subdivision 24 to read as follows:
     6    24. Cooperative agreements by licensees to sell at retail for consump-
     7  tion  on the premises. Any two or more retail licensees for off-premises
     8  consumption may join in a cooperative agreement to make joint  purchases
     9  of  alcoholic  beverages  in  larger  quantities than might otherwise be
    10  purchased; provided, however, that  all  alcoholic  beverages  purchased
    11  pursuant to any such agreement shall be distributed to none other than a
    12  licensee who is a party to such agreement.
    13    § 9. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
    14  control  law, as amended by chapter 458 of the laws of 1993, are amended
    15  to read as follows:
    16    3-a. No licensee or permittee shall purchase or agree to purchase  any
    17  alcoholic  beverages  from  any  person within the state who is not duly
    18  licensed to sell such alcoholic beverage as the case may be, at the time
    19  of such agreement and sale nor give any order for any alcoholic beverage
    20  to any individual who is not the holder of a solicitor's permit,  except
    21  as  provided for in section eighty-five [or], ninety-nine-g, or seventy-
    22  nine-e, or subdivision ten of section sixty-three of this chapter.
    23    3-b. No retail licensee shall purchase, agree to purchase  or  receive
    24  any  alcoholic  beverage  except  from a person duly licensed within the
    25  state by the liquor authority to sell such  alcoholic  beverage  at  the
    26  time  of  such  agreement  and  sale  to such retail licensee, except as
    27  provided for in section eighty-five  [or],  ninety-nine-g,  or  seventy-
    28  nine-e, or subdivision ten of section sixty-three of this chapter.
    29    §  10.  Subdivision  2 of section 79 of the alcoholic beverage control
    30  law is amended to read as follows:
    31    2. [Not more than one license shall be] Nothing in this section  shall
    32  be  construed  to  prohibit  multiple licenses from being granted to any
    33  person under this section.
    34    § 11. Subdivision 2 of section 105 of the alcoholic  beverage  control
    35  law is REPEALED.
    36    §  12.  Subdivision 7 of section 105 of the alcoholic beverage control
    37  law is REPEALED.
    38    § 13. The alcoholic beverage control law is amended by  adding  a  new
    39  section 79-e to read as follows:
    40    § 79-e. Grocery or drug store wine license. 1. Any person may apply to
    41  the  authority  for a license to sell from the licensed premises wine in
    42  sealed containers for consumption off such premises.
    43    2. No such license shall be issued, however, to  any  person  for  any
    44  premises  other than a grocery store, as defined in subdivision thirteen
    45  of section three of this chapter, or a drug store, as defined in  subdi-
    46  vision twelve of section three of this chapter.
    47    3. (a) Notwithstanding any other provision of this chapter, except for
    48  good cause shown, the authority shall issue a grocery or drug store wine
    49  license  to  the holder of a license to sell beer at retail for consump-
    50  tion off the premises pursuant to section fifty-four of this chapter, or
    51  beer and wine products at retail for consumption off the premises pursu-
    52  ant to section fifty-four-a of this chapter,  at  the  request  of  such
    53  licensee,  or  to the holder of a wholesaler's license issued or renewed
    54  prior to July first, nineteen hundred sixty, and thereafter  renewed  or
    55  transferred,  which authorizes the holder thereof to sell beer at retail
    56  to a person for consumption in his or her home.

        A. 7916--A                          7
 
     1    (b) For the purposes of this subdivision, the premises of the  grocery
     2  or  drug  store wine licensee shall be the same as the premises licensed
     3  under section fifty-four or fifty-four-a of this chapter.
     4    (c)  Notwithstanding any other provisions of this chapter, any license
     5  issued pursuant to this section shall run concurrently with the underly-
     6  ing license under section fifty-four or fifty-four-a  of  this  chapter,
     7  and  shall  be  deemed  expired  at  such time as the underlying license
     8  expires.
     9    (d) Wine tasting. Any person licensed to sell wine  pursuant  to  this
    10  article shall be permitted to conduct wine tastings. Wine tastings which
    11  are  conducted under the auspices of an official agent of a farm winery,
    12  winery, wholesaler, or importer and where such agent is physically pres-
    13  ent at all times during the conduct of the tasting, then, in that event,
    14  any liability stemming from a right of  action  resulting  from  a  wine
    15  tasting  as  authorized pursuant to this section, and in accordance with
    16  the provisions of sections 11-100 and 11-101 of the general  obligations
    17  law, shall accrue to the farm winery, winery, wholesaler, or importer.
    18    4.  Notwithstanding any other provision of this chapter, the authority
    19  may issue a license under this section to the holder  of  a  license  to
    20  sell wine at retail for consumption off the premises pursuant to section
    21  seventy-nine  of this article, provided that: (a) the licensee meets the
    22  requirements of subdivision two of this section; and (b)  upon  issuance
    23  of  a  license,  the  licensee under this section surrenders the license
    24  certificate issued pursuant to such section seventy-nine.
    25    5. Such application shall be in  such  form  and  shall  contain  such
    26  information as shall be required by the rules of the authority and shall
    27  be  accompanied by a check or draft in the amount required by this arti-
    28  cle for such license.
    29    6. Notwithstanding any other provisions of this  chapter,  any  person
    30  receiving a license pursuant to this section shall not be subject to the
    31  provisions  of subdivision two, three or four of section seventy-nine of
    32  this article.
    33    7. Notwithstanding any other provisions of this  chapter,  any  person
    34  receiving a license pursuant to this section shall not be subject to the
    35  provisions  of paragraph (a) of subdivision three of section one hundred
    36  five of this chapter.
    37    8. (a) A one-time franchise fee shall  be  paid  for  by  each  retail
    38  outlet  to  the  state  liquor  authority.  This franchise fee is hereby
    39  imposed at a rate of 0.46 of one percent of the total gross sales at the
    40  individual licensed premises of the licensee in the previous year.
    41    (b) In the event an applicant has  been  in  business  for  less  than
    42  twelve  months  prior to the filing of the application for this license,
    43  such applicant shall, in accordance with the  rules  of  the  authority,
    44  remit  an  estimate  of  its  franchise fee based on square footage at a
    45  licensee's location pursuant to the following schedule:
    46  Square Footage at             Franchise Fee
    47  Licensee's Location           Per Location
    48          0-999                 $825
    49    1,000-1,999                 $1,650
    50    2,000-3,999                 $3,300
    51    4,000-9,999                 $8,250
    52  10,000-19,999                 $16,500
    53  20,000-24,999                 $33,000
    54  25,000-29,999                 $82,500
    55  30,000-39,999                 $132,000
    56  40,000 and greater            $495,000

        A. 7916--A                          8
 
     1    Within sixty days after such licensee shall have been in business  for
     2  twelve  months,  such licensee shall submit to the authority, in accord-
     3  ance with the rules of the authority, a  statement  showing  its  actual
     4  total gross sales for the first twelve months of operation and the fran-
     5  chise  fee  due  pursuant  to  paragraph (a) of this subdivision. In the
     6  event the franchise fee determined pursuant to  such  paragraph  exceeds
     7  the  amount  paid  pursuant  to this paragraph, the licensee shall remit
     8  payment for the balance  of  the  required  franchise  fee  within  such
     9  sixty-day  period. Failure to remit payment within such sixty-day period
    10  shall be grounds for cancellation or revocation of such license. In  the
    11  event  that  the  franchise  fee  due  pursuant to paragraph (a) of this
    12  subdivision is less than the amount paid pursuant to this paragraph, the
    13  licensee shall be entitled to a refund equal to the  difference  between
    14  the  franchise  fee  paid  pursuant to this paragraph and the amount due
    15  pursuant to paragraph (a) of this subdivision.
    16    (c) No license shall be issued pursuant  to  this  section  until  the
    17  franchise fee or estimated franchise fee under this subdivision required
    18  by  either  paragraph  (a)  or  (b) of this subdivision has been paid in
    19  full.
    20    (d) The franchise fee shall be deposited and disposed of in  the  same
    21  manner as any license fee as provided in section one hundred twenty-five
    22  of this chapter.
    23    9. (a) Any person licensed  to sell wine pursuant to this article that
    24  operates  the  premises  of the grocery or drug store wine licensee that
    25  occupies less than one thousand  square  feet  may  purchase,  agree  to
    26  purchase  or receive any alcoholic beverage from a person licensed under
    27  section sixty-three of  this  chapter  to  sell  liquor  at  retail  for
    28  consumption off the premises.
    29    (b) Any person licensed to sell wine at retail for consumption off the
    30  premises  under  section  seventy-nine  of this article is authorized to
    31  sell wine to persons licensed to sell wine under this article  and  this
    32  section  who  operate  the  premises  of  the grocery or drug store wine
    33  licensee that occupies less than one thousand square feet.
    34    10. The state liquor authority may make such rules as it deems  neces-
    35  sary  to  carry  out the provisions of this section, however, such rules
    36  shall not be construed to place additional limitations upon the  holders
    37  of  licenses  issued  pursuant  to  section seventy-nine of this article
    38  unrelated to the sale of wine.
    39    § 14. Subdivision 10 of section 105 of the alcoholic beverage  control
    40  law,  paragraph  (a)  as  amended by chapter 679 of the laws of 1950, is
    41  amended to read as follows:
    42    10. [(a)] Each retail licensee of liquor and/or wine for  off-premises
    43  consumption  shall  have  conspicuously displayed within the interior of
    44  the licensed premises where sales are made and where it can  be  readily
    45  inspected  by consumers a printed price list of the liquors and/or wines
    46  offered for sale therein; and no liquor and/or wine shall be sold except
    47  at the price set forth in such list[;
    48    (b) No screen, blind, curtain, partition, article or  thing  shall  be
    49  permitted  in  the  windows or upon the doors of such licensed premises,
    50  which shall prevent a clear view into  the  interior  of  such  licensed
    51  premises from the sidewalk, at all times; and
    52    (c)  No booth, screen, partition or other obstruction shall be permit-
    53  ted in the interior of said licensed premises].
    54    § 15. The alcoholic beverage control law is amended by  adding  a  new
    55  section 97-c to read as follows:

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     1    §  97-c.  Temporary retail permit for new applicants. 1. The authority
     2  is hereby authorized to issue a temporary retail permit to an  applicant
     3  of a premises that is not licensed when the applicant has filed with the
     4  authority  an  application  for a retail license at such premises or has
     5  filed  renewal of such license. Such application shall be in writing and
     6  verified and shall contain information as the authority  shall  require.
     7  Such  application  shall  be accompanied by a filing fee of seventy-five
     8  dollars.
     9    2. Upon application, the authority  shall  issue  a  temporary  retail
    10  permit  when  the  applicant has filed with the authority an application
    11  for a retail license at such premises or  a  renewal  thereof,  together
    12  with  all required filing and license fees. A temporary permit issued by
    13  the authority pursuant to this section shall be  for  a  period  not  to
    14  exceed ninety days. A temporary permit may be extended at the discretion
    15  of the authority, for an additional thirty days.
    16    3.  Pursuant  to  this  section  a  temporary retail permit may not be
    17  issued for any premises that is in violation of the provisions of subdi-
    18  vision seven of section sixty-four, subdivision seven of section  sixty-
    19  four-a,  subdivision five of section sixty-four-b, subdivision eleven of
    20  section sixty-four-c,  subdivision  eight  of  section  sixty-four-d  or
    21  subdivision three of section one hundred five of this chapter.
    22    4. A temporary retail permit is a conditional permit and shall author-
    23  ize the holder thereof to, in the case of all other retail applications,
    24  purchase  and  sell such alcoholic beverages as would be permitted to be
    25  purchased and sold under the privileges of the license applied  for;  to
    26  sell  alcoholic  beverages  to consumers only and not for resale; and to
    27  purchase alcoholic beverages only by payment in currency  or  check  for
    28  such  alcoholic  beverages on or before they are delivered to such prem-
    29  ises.
    30    5. Notwithstanding any other provision of law, a temporary permit  may
    31  be  summarily cancelled or suspended at any time if the authority deter-
    32  mines that good cause for such cancellation or  suspension  exists.  The
    33  authority  shall  promptly  notify  the  holder of a temporary permit in
    34  writing of such cancellation or  suspension  and  shall  set  forth  the
    35  reasons for such action.
    36    6.  Approval of, or extension of, a temporary retail license shall not
    37  be deemed as an approval of the retail application.
    38    7. Notwithstanding any inconsistent provision of law to the  contrary,
    39  the authority may promulgate such rules and regulations as may be neces-
    40  sary to carry out the provisions of this section.
    41    § 16. Paragraph (b) of subdivision 3 of section 101-b of the alcoholic
    42  beverage control law, as amended by section 1 of part E of chapter 56 of
    43  the laws of 2006, is amended to read as follows:
    44    (b)  No  brand  of  liquor  or wine shall be sold to or purchased by a
    45  retailer unless a schedule, as provided by this section, is  transmitted
    46  to  and  received  by  the liquor authority, and is then in effect. Such
    47  schedule shall be transmitted to the authority  in  such  form,  manner,
    48  medium  and  format  as  the  authority may direct; shall be deemed duly
    49  verified by the person submitting such schedule upon its transmission to
    50  the authority; and shall contain, with respect to each item,  the  exact
    51  brand  or  trade  name, capacity of package, nature of contents, age and
    52  proof where stated on the label, the number of bottles contained in each
    53  case, the bottle and case price to retailers, the net  bottle  and  case
    54  price paid by the seller, which prices, in each instance, shall be indi-
    55  vidual  for  each item and not in "combination" with any other item, the
    56  discounts for quantity, if any, and the discounts for time  of  payment,

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     1  if  any. For purposes of this paragraph, in regards to premises licensed
     2  under section sixty-three  of  this  chapter,  "combination"  shall  not
     3  include wines provided by the same vineyard or distributor to a retailer
     4  and  where  such  wines  may  be different. Such brand of liquor or wine
     5  shall not be sold to retailers except at the price and discounts then in
     6  effect unless prior written permission of the authority is  granted  for
     7  good  cause  shown  and for reasons not inconsistent with the purpose of
     8  this chapter. Such schedule shall be transmitted  by  each  manufacturer
     9  selling  such  brand  to  retailers  and by each wholesaler selling such
    10  brand to retailers.
    11    § 17. This act shall take effect on  the  one  hundred  eightieth  day
    12  after  it  shall  have become a law, provided, however, section two-a of
    13  this act shall take effect on the same date and in the  same  manner  as
    14  part H of chapter 58 of the laws of 2019, takes effect.
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