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.
STATE OF NEW YORK
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10534--A
IN ASSEMBLY
May 28, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cymbrowitz)
-- read once and referred to the Committee on Economic Development --
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
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;
24 (ii) in any closed or sealed container not to exceed five fluid ounces
25 per container for wine or mead, thirty-two fluid ounces per container
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16363-03-0
A. 10534--A 2
1 for wine or mead mixed with non-alcoholic beverages, and ten fluid ounc-
2 es per container for liquor mixed with non-alcoholic beverages, provided
3 such sale or delivery is consistent with municipal open container ordi-
4 nances; and
5 (iii) during licensed hours of operation.
6 (c) Deliveries shall be made in:
7 (i) a vehicle permitted by the authority; or
8 (ii) a vehicle owned and operated by a retail licensee or its employee
9 provided the person making the delivery shall have upon his or her
10 person while so delivering a copy of the current license issued by the
11 authority.
12 (d) Nothing in this subdivision shall be construed to abrogate the
13 ability of a retail licensee for on-premises consumption to sell beer or
14 cider for consumption off the premises as provided for in this chapter.
15 § 2. This act shall take effect immediately.