STATE OF NEW YORK
________________________________________________________________________
2037
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
___________
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment 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 297 of the laws of 2016, 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[, or the sale of];
21 (g) gift bags, gift boxes, or wrapping, for alcoholic beverages
22 purchased at the licensed premises [shall not constitute engaging in
23 another business within the meaning of this subdivision];
24 (h) tonic water;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01134-01-7
S. 2037 2
1 (i) biters; and
2 (j) maraschino cherries.
3 § 2. Subdivision 4 of section 63 of the alcoholic beverage control
4 law, as amended by chapter 603 of the laws of 1992, is amended to read
5 as follows:
6 4. No licensee under this section shall be engaged in any other busi-
7 ness on the licensed premises. The sale of any of the following shall
8 not constitute engaging in another business within the meaning of this
9 subdivision:
10 (a) lottery tickets, when duly authorized and lawfully conducted[, the
11 sale of];
12 (b) corkscrews [or the sale of];
13 (c) ice [or the sale of];
14 (d) publications, including prerecorded video and/or audio cassette
15 tapes, designed to help educate consumers in their knowledge and appre-
16 ciation of wine and wine products, as defined in section three of this
17 chapter[, or the sale of];
18 (e) non-carbonated, non-flavored mineral waters, spring waters and
19 drinking waters [or the sale of];
20 (f) glasses designed for the consumption of wine, racks designed for
21 the storage of wine, and devices designed to minimize oxidation in
22 bottles of wine which have been uncorked[, shall not constitute engaging
23 in another business within the meaning of this subdivision];
24 (g) tonic water;
25 (h) bitters; and
26 (i) maraschino cherries.
27 § 3. Paragraph (a) of subdivision 1 of section 104 of the alcoholic
28 beverage control law, as amended by chapter 2 of the laws of 2013, is
29 amended to read as follows:
30 (a) No wholesaler shall be engaged in any other business on the prem-
31 ises to be licensed; except that nothing contained in this chapter
32 shall: (1) prohibit a beer wholesaler from (i) acquiring, storing or
33 selling non-alcoholic snack foods, as defined in paragraph (b) of this
34 subdivision, (ii) manufacturing, bottling, storing, or selling non-alco-
35 holic carbonated beverages, (iii) manufacturing, storing or selling
36 non-alcoholic non-carbonated soft drinks, mineral waters, spring waters,
37 drinking water, non-taxable malt or cereal beverages, juice drinks,
38 fruit or vegetable juices, ice, liquid beverage mixes and dry or frozen
39 beverage mixes, (iv) acquiring, storing or selling wine products, (v)
40 the sale of promotional items on such premises, or (vi) the sale of
41 tobacco products at retail by wholesalers who are licensed to sell beer
42 and other products at retail; (2) prohibit a wholesaler authorized to
43 sell wine from manufacturing, acquiring or selling wine merchandise, as
44 defined in paragraph (d) of this subdivision; (3) prohibit a licensed
45 winery or licensed farm winery from engaging in the business of a wine
46 wholesaler for New York state labeled wines produced by any licensed
47 winery or licensed farm winery or prohibit such wine wholesaler from
48 exercising any of its rights pursuant to sections seventy-six and seven-
49 ty-six-a of this chapter provided that the operation of such beer and
50 wine wholesalers business shall be subject to such rules and regulations
51 as the liquor authority may prescribe; (4) prohibit a beer wholesaler
52 who is authorized to sell beer at retail from selling at retail: (i)
53 candy, chewing gum and cough drops; (ii) non-refrigerated salsa; (iii)
54 cigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue
55 and picnic-related products and supplies, which shall include, but not
56 be limited to, charcoal, grills, propane gas, plastic and paper cups,
S. 2037 3
1 paper or plastic tablecloths and coolers; (v) beer making and brewing
2 supplies and publications, which shall include, but not be limited to,
3 books, magazines, equipment and ingredients; (vi) steins, mugs and other
4 glassware appropriate for the consumption of beer, malt beverages and
5 wine products; (vii) items typically used to serve beer and malt bever-
6 ages including, but not limited to, taps, kegerators, koozies and beer
7 socks; (viii) lemons, limes and oranges, provided that no more than two
8 dozen of each shall be displayed at any one time; (ix) rock salt, ice
9 and snow melting compounds, snow shovels; windshield washer solvent;
10 firewood; beach umbrellas; sunglasses and sun block; and (x) prepaid
11 telephone cards; [or](5) prohibit the installation and operation of a
12 single automated teller machine in the premises of a beer wholesaler who
13 is authorized to sell beer at retail; or (6) prohibit a liquor whole-
14 saler from transporting or selling tonic water, bitters and maraschino
15 cherries. For the purposes of this subdivision, "automated teller
16 machine" means a device which is linked to the accounts and records of a
17 banking institution and which enables consumers to carry out banking
18 transactions, including but not limited to, account transfers, deposits,
19 cash withdrawals, balance inquiries and loan payments.
20 § 4. This act shall take effect immediately; provided, however, that
21 the amendments to subdivision 4 of section 63 of the alcoholic beverage
22 control law made by section one of this act shall be subject to the
23 expiration and reversion of such subdivision pursuant to section 18 of
24 chapter 297 of the laws of 2016, as amended, when upon such date the
25 provisions of section two of this act shall take effect.
