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A09070 Summary:

BILL NOA09070
 
SAME ASSAME AS S08588
 
SPONSORStirpe
 
COSPNSR
 
MLTSPNSR
 
Amd §§3, 101-b & 106, ABC L
 
Authorizes certain restaurants to sell sealed bottles of private label wine for off-premises consumption with the purchase of a substantial food item.
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A09070 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9070
 
SPONSOR: Stirpe
  TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to private label wine   PURPOSE: To formally define "private label" products and the authorized sale thereof.   SUMMARY OF PROVISIONS: Section 1. Amends Section 3 of the Alcoholic Beverage Control Law, to define "private label" as an alcoholic beverage with a brand name or trade name label that is exclusively owned by a licensed retailer or such retailer otherwise has the legal right to use the brand name or trade name belonging to another entity, and such item is sold at retail within the state exclusively by such retailer; provided, however, private label wine may also be sold by licensees that are commonly owned affiliates of such retailer. Section 2. Amends Section 101-b(3) (3) of the Alcoholic Beverage Control Law, to exempt "private label" liquor and wine from price posting requirements. section 3. Amends Section 106(3) of the Alcoholic Beverage Control Law, to authorize the sale of "private label" wine for off-premises consump- tion by certain restaurant licensees provided such sales are accompanied by the purchase of a substantial food item.   EXISTING LAW: Section 3 of the Alcoholic Beverage Control Law does not include a formal definition of "private label." The NYS Liquor Authority defines "private label brand" as a brand label owned by a licensed retailer. An alcoholic beverage with a private brand label may only be sold by the licensed retailer who owns the brand label. The licensed retailer must own the brand name or otherwise have the legal right to use a brand or trade name belonging to another entity. Alcoholic Beverage Control Law Section 101-b requires price posting of liquor and wine, except any item offered for sale to a retailer under a brand which is owned exclusively by one retailer and at retail within the state exclusively by such retailer. Alcoholic Beverage Control Law Section 106 prohibits on-premises licen- sees from selling liquor or wine for off-premises consumption, except under certain circumstances.   JUSTIFICATION: Providing a formal definition of "private label" will add clarity toĽ the Alcoholic Beverage Control Law. Consumers will have an increased opportunity to select from private label wines owned by their local retailers and support growers throughout the State.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: This legislation will help generate sales, excise, and property tax revenue.   EFFECTIVE DATE: This legislation will take effect immediately.
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A09070 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9070
 
                   IN ASSEMBLY
 
                                    February 6, 2024
                                       ___________
 
        Introduced by M. of A. STIRPE -- read once and referred to the Committee
          on Economic Development
 
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          private label wine
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 3 of the alcoholic beverage control law is amended
     2  by adding a new subdivision 23-a to read as follows:
     3    23-a. "Private label" means an alcoholic beverage with a brand name or
     4  trade name label that is exclusively owned by a  licensed  retailer,  or
     5  owned  by  an  entity that has granted a retailer the legal right to use
     6  such brand name or trade name, and such alcoholic beverage  is  sold  at
     7  retail within the state exclusively by such retailer; provided, however,
     8  that  private label wine may also be sold by licensees that are commonly
     9  owned affiliates of such retailer.
    10    § 2. Paragraph (c) of subdivision 3 of section 101-b of the  alcoholic
    11  beverage  control law, as amended by chapter 531 of the laws of 1964, is
    12  amended to read as follows:
    13    (c) Provided however, nothing contained in this section shall  require
    14  any manufacturer or wholesaler to list any private label in any schedule
    15  to  be  filed  pursuant  to this section [any item offered for sale to a
    16  retailer under a brand which is owned exclusively by  one  retailer  and
    17  sold at retail within the state exclusively by such retailer].
    18    §  3.  Subdivision  3 of section 106 of the alcoholic beverage control
    19  law, as amended by chapter 297 of the laws of 2016, is amended  to  read
    20  as follows:
    21    3.  No retail licensee for on-premises consumption shall sell, deliver
    22  or give away, or cause or permit or procure to  be  sold,  delivered  or
    23  given  away  any  liquors  and/or wines for consumption off the premises
    24  where sold; provided, however, notwithstanding any law to the  contrary,
    25  a  restaurant  licensed  to sell wine under this chapter may sell sealed
    26  bottles of private label wine  for  off-premises  consumption  with  the
    27  purchase of a substantial food item.  The provisions of this subdivision
    28  shall  not  prohibit  a  licensed  winery or farm winery from allowing a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11655-01-3

        A. 9070                             2
 
     1  patron to leave the winery or farm  winery  with  a  partially  consumed
     2  bottle  of  wine  provided  that  the  removal  of the bottle is done in
     3  accordance with subdivision four of section eighty-one of this chapter.
     4    § 4. This act shall take effect immediately.
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