STATE OF NEW YORK
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23
2011-2012 Regular Sessions
IN SENATE(Prefiled)
January 5, 2011
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Introduced by Sens. SQUADRON, HASSELL-THOMPSON -- read twice and ordered
printed, and when printed to be committed to the Committee on
Commerce, Economic Development and Small Business
AN ACT to amend the alcoholic beverage control law, in relation to the
sale of tonic water, bitters and maraschino cherries at liquor stores
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 63 of the alcoholic beverage
2 control law, as amended by chapter 603 of the laws of 1992, is amended
3 to read as follows:
4 4. No licensee under this section shall be engaged in any other busi-
5 ness on the licensed premises. The sale of any of the following shall
6 not constitute engaging in another business within the meaning of this
7 subdivision:
8 (a) lottery tickets, when duly authorized and lawfully conducted[, the
9 sale of];
10 (b) corkscrews [or the sale of];
11 (c) ice [or the sale of];
12 (d) publications, including prerecorded video and/or audio cassette
13 tapes, designed to help educate consumers in their knowledge and appre-
14 ciation of wine and wine products, as defined in section three of this
15 chapter[, or the sale of];
16 (e) non-carbonated, non-flavored mineral waters, spring waters and
17 drinking waters [or the sale of];
18 (f) glasses designed for the consumption of wine, racks designed for
19 the storage of wine, and devices designed to minimize oxidation in
20 bottles of wine which have been uncorked[, shall not constitute engaging
21 in another business within the meaning of this subdivision];
22 (g) tonic water;
23 (h) bitters; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00115-01-1
S. 23 2
1 (i) maraschino cherries.
2 § 2. Paragraph (a) of subdivision 1 of section 104 of the alcoholic
3 beverage control law, as amended by chapter 223 of the laws of 2002, is
4 amended to read as follows:
5 (a) No wholesaler shall be engaged in any other business on the prem-
6 ises to be licensed; except that nothing contained in this chapter shall
7 (1) prohibit a beer wholesaler from (i) acquiring, storing or selling
8 non-alcoholic snack foods, as defined in paragraph (b) of this subdivi-
9 sion, (ii) manufacturing, bottling, storing, or selling non-alcoholic
10 carbonated beverages, (iii) manufacturing, storing or selling non-alco-
11 holic non-carbonated soft drinks, mineral waters, spring waters, drink-
12 ing water, non-taxable malt or cereal beverages, juice drinks, fruit or
13 vegetable juices, ice, liquid beverage mixes and dry or frozen beverage
14 mixes, (iv) acquiring, storing or selling wine products, (v) the sale of
15 promotional items on such premises, or (vi) the sale of tobacco products
16 at retail by wholesalers who are licensed to sell beer and other
17 products at retail, (2) prohibit a wholesaler authorized to sell wine
18 from manufacturing, acquiring or selling wine merchandise, as defined in
19 paragraph (d) of this subdivision, [or] (3) prohibit a licensed winery
20 or licensed farm winery from engaging in the business of a wine whole-
21 saler for New York state labeled wines produced by any licensed winery
22 or licensed farm winery or prohibit such wine wholesaler from exercising
23 any of its rights pursuant to sections seventy-six and seventy-six-a of
24 this chapter provided that the operation of such beer and wine whole-
25 salers business shall be subject to such rules and regulations as the
26 liquor authority may prescribe, or (4) prohibit a liquor wholesaler from
27 transporting or selling tonic water, bitters and maraschino cherries.
28 § 3. This act shall take effect immediately.
