S04348 Summary:

BILL NOS04348A
 
SAME ASSAME AS A07916-A
 
SPONSORKRUEGER
 
COSPNSRLIU
 
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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S04348 Actions:

BILL NOS04348A
 
03/08/2019REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
01/08/2020REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
01/27/2020AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
01/27/2020PRINT NUMBER 4348A
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S04348 Committee Votes:

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S04348 Floor Votes:

There are no votes for this bill in this legislative session.
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S04348 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4348--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      March 8, 2019
                                       ___________
 
        Introduced  by Sens. KRUEGER, LIU -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Commerce,  Economic
          Development  and  Small  Business  --  recommitted to the Committee on
          Commerce, Economic Development and Small Business in  accordance  with
          Senate  Rule  6, sec. 8 -- 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08820-05-0

        S. 4348--A                          2
 
     1  or  herbal cigarettes, provided the licensee complies with section thir-
     2  teen hundred ninety-nine-cc of the public health law,  or  the  sale  at
     3  retail  of  cigars  which  have  been prepackaged by the manufacturer in
     4  boxes  of  ten  or  more,  or  the sale of publications designed to help
     5  educate consumers in their knowledge and appreciation of cigar products,
     6  or food items, which shall include locally produced  farm  products  and
     7  any  food  or  food  product  not  specifically  prepared  for immediate
     8  consumption upon the premises, or the sale of gift bags and gift baskets
     9  including, but not limited to, shot glasses, single malt scotch glasses,
    10  grappa glasses, decanters, other glassware, food or  farm  products  not
    11  specifically  prepared  for immediate consumption upon the premises, all
    12  of which is related to the consumption and enjoyment of wine and spirits
    13  or the sale of glasses designed  for  the  consumption  of  wine,  racks
    14  designed  for  the  storage  of  wine,  and devices designed to minimize
    15  oxidation in bottles of wine which have been uncorked, or  the  sale  of
    16  gift bags, gift boxes, or wrapping, for alcoholic beverages purchased at
    17  the  licensed premises shall not constitute engaging in another business
    18  within the meaning of this subdivision. Any fee obtained from  the  sale
    19  of an educational seminar shall not be considered as a fee for any tast-
    20  ing  that  may  be  offered during an educational seminar, provided that
    21  such tastings are available to persons who have not paid to  attend  the
    22  seminar  and  all  tastings  are  conducted  in  accordance with section
    23  sixty-three-a of this article.
    24    (b) The installation and operation of automated teller machines  shall
    25  not  constitute  engaging in another business within the meaning of this
    26  subdivision.  For  purposes  of  this  subdivision,  "automated   teller
    27  machine" means a device which is linked to the accounts and records of a
    28  banking  institution  and  which  enables consumers to carry out banking
    29  transactions, including, but not limited to, account  transfers,  depos-
    30  its, cash withdrawals, balance inquiries, and loan payments.
    31    5.  [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    7.  Any  license obtained under this section includes authorization to
    35  sell alcoholic beverages for resale to licensed premises for on-premises
    36  consumption   as   licensed   by   sections   fifty-five,    sixty-four,
    37  sixty-four-a, seventy-nine-b, and eighty-one of this chapter as provided
    38  in  subdivisions  three-a and three-b of section one hundred two of this
    39  chapter.
    40    8. Commencing on the effective date of this subdivision, no additional
    41  licenses shall be issued pursuant to this section except as outlined  in
    42  subdivision  nine  of  this  section. The provisions of this subdivision
    43  shall not apply to (a) the renewal, transfer or continuance of a license
    44  pursuant to this chapter, (b) an application for a license filed  before
    45  the effective date of this subdivision, (c) the issuance of a license in
    46  accordance  with  the  provisions  of  this  chapter,  to  a  person who
    47  purchased the business operations of a licensee, provided, however, that
    48  any person licensed under this section shall make an application to  the
    49  liquor authority prior to selling its license to another person.
    50    9. Any existing license issued under this section which is canceled or
    51  revoked  by  the  liquor  authority  may be auctioned off to the highest
    52  bidder, provided that the person meets all the applicable  requirements.
    53  The  amount  of  the  sale of the existing license as authorized in this
    54  subdivision shall be subject  to  sales  and  compensating  use  tax  as
    55  imposed by section eleven hundred five of the tax law.

        S. 4348--A                          3
 
     1    10.  Each existing licensee shall be authorized to apply for one addi-
     2  tional license for retail sale of liquor for consumption off  the  prem-
     3  ises for use in the establishment of another licensed premises, provided
     4  however,   the   additional   premises   complies  with  all  applicable
     5  restrictions  and  requirements.  The  additional  license issued by the
     6  authority under this subdivision may  be  sold  provided  the  purchaser
     7  meets  all applicable requirements, which sale shall be subject to sales
     8  and compensating use tax as imposed by section eleven  hundred  five  of
     9  the  tax  law. The authorization for the establishment of a new premises
    10  or sale of the additional license under this  subdivision  shall  expire
    11  three years from the effective date of this subdivision.
    12    11.  The authority is authorized to auction off to the highest bidder,
    13  provided that the person meets all the  applicable  requirements,  addi-
    14  tional  licenses  for  the  sale of liquor or wine or both at retail for
    15  consumption off the premises. The revenue from this sale shall be  allo-
    16  cated for the increased licensure and enforcement efforts of the author-
    17  ity.  The  authority  shall  be  authorized to sell no more than fifteen
    18  additional licenses every two years, beginning on April first, two thou-
    19  sand twenty-two.
    20    § 2-a. Subdivision 4 of section 63 of the alcoholic  beverage  control
    21  law,  as  amended  by  section  3 of part H of chapter 58 of the laws of
    22  2019, is amended to read as follows:
    23    4. (a) No licensee under this section shall be engaged  in  any  other
    24  business on the licensed premises. The sale of products complementary to
    25  the  business  of the licensed premises shall not constitute engaging in
    26  another business within the meaning of this subdivision.  Such  products
    27  shall  include  but  not be limited to the sale of lottery tickets, when
    28  duly authorized and lawfully conducted, the sale  of  reusable  bags  as
    29  defined  in  section  27-2801 of the environmental conservation law, the
    30  sale of corkscrews or the sale of  ice  or  the  sale  of  publications,
    31  including  prerecorded video and/or audio cassette tapes, or educational
    32  seminars, designed to help educate  consumers  in  their  knowledge  and
    33  appreciation of alcoholic beverages, as defined in section three of this
    34  chapter  and allowed pursuant to their license, or the sale of [non-car-
    35  bonated, non-flavored mineral waters, spring waters and drinking waters]
    36  non-alcoholic beverages for consumption on or  off  premises,  including
    37  but  not limited to bottled water, juice and soda beverages, or the sale
    38  of tobacco products or herbal cigarettes, provided the licensee complies
    39  with section thirteen hundred ninety-nine-cc of the public  health  law,
    40  or  the  sale  at  retail  of  cigars which have been prepackaged by the
    41  manufacturer in boxes of ten  or  more,  or  the  sale  of  publications
    42  designed  to  help educate consumers in their knowledge and appreciation
    43  of cigar products, or food items, which shall include  locally  produced
    44  farm products and any food or food product not specifically prepared for
    45  immediate  consumption  upon  the premises, or the sale of gift bags and
    46  gift baskets including, but not limited to, shot  glasses,  single  malt
    47  scotch glasses, grappa glasses, decanters, other glassware, food or farm
    48  products  not  specifically  prepared for immediate consumption upon the
    49  premises, all of which is related to the consumption  and  enjoyment  of
    50  wine  and spirits or the sale of glasses designed for the consumption of
    51  wine, racks designed for the storage of wine, and  devices  designed  to
    52  minimize  oxidation  in bottles of wine which have been uncorked, or the
    53  sale of gift bags, gift boxes,  or  wrapping,  for  alcoholic  beverages
    54  purchased  at  the  licensed  premises  shall not constitute engaging in
    55  another business  within  the  meaning  of  this  subdivision.  Any  fee
    56  obtained from the sale of an educational seminar shall not be considered

        S. 4348--A                          4
 
     1  as a fee for any tasting that may be offered during an educational semi-
     2  nar,  provided  that such tastings are available to persons who have not
     3  paid to attend the seminar and all tastings are conducted in  accordance
     4  with section sixty-three-a of this article.
     5    (b)  The installation and operation of automated teller machines shall
     6  not constitute engaging in another business within the meaning  of  this
     7  subdivision.   For  purposes  of  this  subdivision,  "automated  teller
     8  machine" means a device which is linked to the accounts and records of a
     9  banking institution and which enables consumers  to  carry  out  banking
    10  transactions,  including,  but not limited to, account transfers, depos-
    11  its, cash withdrawals, balance inquiries, and loan payments.
    12    § 3. Section 79 of the alcoholic beverage control law  is  amended  by
    13  adding four new subdivisions 5, 6, 7 and 8 to read as follows:
    14    5.  Any  license obtained under this section includes authorization to
    15  sell alcoholic beverages for resale to licensed premises for on-premises
    16  consumption   as   licensed   by   sections   fifty-five,    sixty-four,
    17  sixty-four-a, seventy-nine-b, and eighty-one of this chapter as provided
    18  in  subdivisions  three-a and three-b of section one hundred two of this
    19  chapter.
    20    6. Commencing on the effective date of this subdivision, no additional
    21  licenses shall be issued pursuant to this section except as outlined  in
    22  subdivision  seven  of  this section. The provisions of this subdivision
    23  shall not apply to (a) the renewal, transfer or continuance of a license
    24  pursuant to this chapter, (b) an application for a license filed  before
    25  the effective date of this subdivision, (c) the issuance of a license in
    26  accordance  with  the  provisions  of  this  chapter,  to  a  person who
    27  purchased the business operations of a licensee, provided, however, that
    28  any person licensed under this section shall make an application to  the
    29  liquor authority prior to selling its license to another person.
    30    7. Any existing license issued under this section which is canceled or
    31  revoked  by  the  liquor  authority  may be auctioned off to the highest
    32  bidder, provided that the person meets all the applicable  requirements.
    33  The  amount  of  the  sale of the existing license as authorized in this
    34  subdivision shall be subject  to  sales  and  compensating  use  tax  as
    35  imposed by section eleven hundred five of the tax law.
    36    8.  Each  existing licensee shall be authorized to apply for one addi-
    37  tional license for retail sale of liquor for consumption off  the  prem-
    38  ises for use in the establishment of another licensed premises, provided
    39  however,   the   additional   premises   complies  with  all  applicable
    40  restrictions and requirements. The  additional  license  issued  by  the
    41  authority  under this subdivision as well as any existing license issued
    42  under this section may be sold provided the purchaser meets all applica-
    43  ble requirements, which sale shall be subject to sales and  compensating
    44  use  tax  as  imposed by section eleven hundred five of the tax law. The
    45  authorization for the establishment of a new premises  or  sale  of  the
    46  additional  license under this subdivision shall expire three years from
    47  the effective date of this subdivision.
    48    § 4. Section 83 of the alcoholic beverage control law  is  amended  by
    49  adding a new subdivision 10 to read as follows:
    50    10.  The  annual fee for a grocery or drug store wine license pursuant
    51  to section seventy-nine-e of this  article  shall  be  one  hundred  ten
    52  dollars. Where, however, the applicant is the holder of two or more such
    53  licenses, the annual fee for each additional license shall be double the
    54  amount hereinabove set forth.

        S. 4348--A                          5
 
     1    §  5. Subdivision 2-a of section 100 of the alcoholic beverage control
     2  law, as amended by chapter 249 of the laws of 2002, is amended  to  read
     3  as follows:
     4    2-a.  No  retailer  shall  employ,  or permit to be employed, or shall
     5  suffer to work, on any premises licensed for retail sale hereunder,  any
     6  person  under the age of eighteen years, as a hostess, waitress, waiter,
     7  or in any other capacity where the duties  of  such  person  require  or
     8  permit  such  person  to  sell,  dispense or handle alcoholic beverages;
     9  except that: (1) any person under the age of eighteen years and employed
    10  by any person holding a grocery or drug  store  beer  license  shall  be
    11  permitted  to  handle and deliver beer and wine products for such licen-
    12  see, (2) any person under the age of eighteen employed as a cashier by a
    13  person holding a grocery or drug store beer license shall  be  permitted
    14  to  record  and  receive payment for beer and wine product sales when in
    15  the presence of and under the direct supervision of  a  person  eighteen
    16  years  of  age or over, (2-a) any person under the age of eighteen years
    17  and employed by a person holding a grocery  store  or  drug  store  beer
    18  license  as  either a cashier or in any other position to which handling
    19  of containers which may have  held  alcoholic  beverages  is  necessary,
    20  shall  be permitted to handle the containers if such have been presented
    21  for redemption in accordance with the provisions of title ten of article
    22  twenty-seven of the environmental conservation law, [and] (3) any person
    23  under the age of eighteen years employed as  a  dishwasher,  busboy,  or
    24  other  such  position  as to which handling of containers which may have
    25  held alcoholic beverages is necessary shall be permitted to do so  under
    26  the  direct  supervision  of a person of legal age to purchase alcoholic
    27  beverages in the state, (4) any person under the age of  eighteen  years
    28  and  employed by any person holding a grocery or drug store wine license
    29  shall be permitted to handle and deliver wine for such licensee, and (5)
    30  any person under the age of eighteen employed as a cashier by  a  person
    31  holding  a  grocery  or  drug  store  wine license shall be permitted to
    32  record and receive payment for wine when in the presence  of  and  under
    33  the direct supervision of a person eighteen years of age or over.
    34    §  6.  Section 100 of the alcoholic beverage control law is amended by
    35  adding a new subdivision 2-c to read as follows:
    36    2-c. No person shall sell, deliver or give away or cause or permit  or
    37  procure  to  be sold, delivered or given away any alcoholic beverages to
    38  any person, actually or apparently, under the age of  twenty-one  years.
    39  As  a  precondition to the sale of any alcoholic beverage, the purchaser
    40  of any alcoholic beverage must  provide  written  evidence  of  age.  No
    41  licensee,  or  agent or employee of a licensee under this chapter, shall
    42  accept as written evidence of age by any such person for the purchase of
    43  any alcoholic beverage, any documentation other than: (a) a valid  driv-
    44  er's license or non-driver identification card issued by the commission-
    45  er of motor vehicles, the federal government, any United States territo-
    46  ry,  commonwealth  or  possession,  the  District  of  Columbia, a state
    47  government within the United States or a provincial  government  of  the
    48  dominion  of Canada, or (b) a valid passport issued by the United States
    49  government or any other country, or (c) an identification card issued by
    50  the armed forces of the United States.
    51    § 7. Paragraph (a) of subdivision 14 of section 105 of  the  alcoholic
    52  beverage control law, as amended by section 1 of part U of chapter 63 of
    53  the laws of 2003, is amended to read as follows:
    54    (a)  No  premises licensed to sell liquor and/or wine for off-premises
    55  consumption shall be permitted to remain open:

        S. 4348--A                          6
 
     1    (i) On Sunday before [twelve  o'clock  post  meridian]  eight  o'clock
     2  antemeridian and after nine o'clock post meridian.
     3    (ii)  On any day between [midnight and] three o'clock antemeridian and
     4  eight o'clock antemeridian.
     5    [(iii) On the twenty-fifth day of December, known as Christmas day.]
     6    In any community where daylight saving time is in  effect,  such  time
     7  shall be deemed the standard time for the purpose of this subdivision.
     8    §  8.  Section 105 of the alcoholic beverage control law is amended by
     9  adding a new subdivision 24 to read as follows:
    10    24. Cooperative agreements by licensees to sell at retail for consump-
    11  tion on the premises. Any two or more retail licensees for  off-premises
    12  consumption  may join in a cooperative agreement to make joint purchases
    13  of alcoholic beverages in larger  quantities  than  might  otherwise  be
    14  purchased;  provided,  however,  that  all alcoholic beverages purchased
    15  pursuant to any such agreement shall be distributed to none other than a
    16  licensee who is a party to such agreement.
    17    § 9. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
    18  control law, as amended by chapter 458 of the laws of 1993, are  amended
    19  to read as follows:
    20    3-a.  No licensee or permittee shall purchase or agree to purchase any
    21  alcoholic beverages from any person within the state  who  is  not  duly
    22  licensed to sell such alcoholic beverage as the case may be, at the time
    23  of such agreement and sale nor give any order for any alcoholic beverage
    24  to  any individual who is not the holder of a solicitor's permit, except
    25  as provided for in section eighty-five [or], ninety-nine-g, or  seventy-
    26  nine-e, or subdivision ten of section sixty-three of this chapter.
    27    3-b.  No  retail licensee shall purchase, agree to purchase or receive
    28  any alcoholic beverage except from a person  duly  licensed  within  the
    29  state  by  the  liquor  authority to sell such alcoholic beverage at the
    30  time of such agreement and sale  to  such  retail  licensee,  except  as
    31  provided  for  in  section  eighty-five [or], ninety-nine-g, or seventy-
    32  nine-e, or subdivision ten of section sixty-three of this chapter.
    33    § 10. Subdivision 2 of section 79 of the  alcoholic  beverage  control
    34  law is amended to read as follows:
    35    2.  [Not more than one license shall be] Nothing in this section shall
    36  be construed to prohibit multiple licenses from  being  granted  to  any
    37  person under this section.
    38    §  11.  Subdivision 2 of section 105 of the alcoholic beverage control
    39  law is REPEALED.
    40    § 12. Subdivision 7 of section 105 of the alcoholic  beverage  control
    41  law is REPEALED.
    42    §  13.  The  alcoholic beverage control law is amended by adding a new
    43  section 79-e to read as follows:
    44    § 79-e. Grocery or drug store wine license. 1. Any person may apply to
    45  the authority for a license to sell from the licensed premises  wine  in
    46  sealed containers for consumption off such premises.
    47    2.  No  such  license  shall be issued, however, to any person for any
    48  premises other than a grocery store, as defined in subdivision  thirteen
    49  of  section three of this chapter, or a drug store, as defined in subdi-
    50  vision twelve of section three of this chapter.
    51    3. (a) Notwithstanding any other provision of this chapter, except for
    52  good cause shown, the authority shall issue a grocery or drug store wine
    53  license to the holder of a license to sell beer at retail  for  consump-
    54  tion off the premises pursuant to section fifty-four of this chapter, or
    55  beer and wine products at retail for consumption off the premises pursu-
    56  ant  to  section  fifty-four-a  of  this chapter, at the request of such

        S. 4348--A                          7
 
     1  licensee, or to the holder of a wholesaler's license issued  or  renewed
     2  prior  to  July first, nineteen hundred sixty, and thereafter renewed or
     3  transferred, which authorizes the holder thereof to sell beer at  retail
     4  to a person for consumption in his or her home.
     5    (b)  For the purposes of this subdivision, the premises of the grocery
     6  or drug store wine licensee shall be the same as the  premises  licensed
     7  under section fifty-four or fifty-four-a of this chapter.
     8    (c)  Notwithstanding any other provisions of this chapter, any license
     9  issued pursuant to this section shall run concurrently with the underly-
    10  ing license under section fifty-four or fifty-four-a  of  this  chapter,
    11  and  shall  be  deemed  expired  at  such time as the underlying license
    12  expires.
    13    (d) Wine tasting. Any person licensed to sell wine  pursuant  to  this
    14  article shall be permitted to conduct wine tastings. Wine tastings which
    15  are  conducted under the auspices of an official agent of a farm winery,
    16  winery, wholesaler, or importer and where such agent is physically pres-
    17  ent at all times during the conduct of the tasting, then, in that event,
    18  any liability stemming from a right of  action  resulting  from  a  wine
    19  tasting  as  authorized pursuant to this section, and in accordance with
    20  the provisions of sections 11-100 and 11-101 of the general  obligations
    21  law, shall accrue to the farm winery, winery, wholesaler, or importer.
    22    4.  Notwithstanding any other provision of this chapter, the authority
    23  may issue a license under this section to the holder  of  a  license  to
    24  sell wine at retail for consumption off the premises pursuant to section
    25  seventy-nine  of this article, provided that: (a) the licensee meets the
    26  requirements of subdivision two of this section; and (b)  upon  issuance
    27  of  a  license,  the  licensee under this section surrenders the license
    28  certificate issued pursuant to such section seventy-nine.
    29    5. Such application shall be in  such  form  and  shall  contain  such
    30  information as shall be required by the rules of the authority and shall
    31  be  accompanied by a check or draft in the amount required by this arti-
    32  cle for such license.
    33    6. 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 subdivision two, three or four of section seventy-nine of
    36  this article.
    37    7. Notwithstanding any other provisions of this  chapter,  any  person
    38  receiving a license pursuant to this section shall not be subject to the
    39  provisions  of paragraph (a) of subdivision three of section one hundred
    40  five of this chapter.
    41    8. (a) A one-time franchise fee shall  be  paid  for  by  each  retail
    42  outlet  to  the  state  liquor  authority.  This franchise fee is hereby
    43  imposed at a rate of 0.46 of one percent of the total gross sales at the
    44  individual licensed premises of the licensee in the previous year.
    45    (b) In the event an applicant has  been  in  business  for  less  than
    46  twelve  months  prior to the filing of the application for this license,
    47  such applicant shall, in accordance with the  rules  of  the  authority,
    48  remit  an  estimate  of  its  franchise fee based on square footage at a
    49  licensee's location pursuant to the following schedule:
    50  Square Footage at             Franchise Fee
    51  Licensee's Location           Per Location
    52          0-999                 $825
    53    1,000-1,999                 $1,650
    54    2,000-3,999                 $3,300
    55    4,000-9,999                 $8,250
    56  10,000-19,999                 $16,500

        S. 4348--A                          8
 
     1  20,000-24,999                 $33,000
     2  25,000-29,999                 $82,500
     3  30,000-39,999                 $132,000
     4  40,000 and greater            $495,000
     5    Within  sixty days after such licensee shall have been in business for
     6  twelve months, such licensee shall submit to the authority,  in  accord-
     7  ance  with  the  rules  of the authority, a statement showing its actual
     8  total gross sales for the first twelve months of operation and the fran-
     9  chise fee due pursuant to paragraph (a)  of  this  subdivision.  In  the
    10  event  the  franchise  fee determined pursuant to such paragraph exceeds
    11  the amount paid pursuant to this paragraph,  the  licensee  shall  remit
    12  payment  for  the  balance  of  the  required  franchise fee within such
    13  sixty-day period. Failure to remit payment within such sixty-day  period
    14  shall  be grounds for cancellation or revocation of such license. In the
    15  event that the franchise fee due  pursuant  to  paragraph  (a)  of  this
    16  subdivision is less than the amount paid pursuant to this paragraph, the
    17  licensee  shall  be entitled to a refund equal to the difference between
    18  the franchise fee paid pursuant to this paragraph  and  the  amount  due
    19  pursuant to paragraph (a) of this subdivision.
    20    (c)  No  license  shall  be  issued pursuant to this section until the
    21  franchise fee or estimated franchise fee under this subdivision required
    22  by either paragraph (a) or (b) of this  subdivision  has  been  paid  in
    23  full.
    24    (d)  The  franchise fee shall be deposited and disposed of in the same
    25  manner as any license fee as provided in section one hundred twenty-five
    26  of this chapter.
    27    9. (a) Any person licensed  to sell wine pursuant to this article that
    28  operates the premises of the grocery or drug store  wine  licensee  that
    29  occupies  less  than  one  thousand  square  feet may purchase, agree to
    30  purchase or receive any alcoholic beverage from a person licensed  under
    31  section  sixty-three  of  this  chapter  to  sell  liquor  at retail for
    32  consumption off the premises.
    33    (b) Any person licensed to sell wine at retail for consumption off the
    34  premises under section seventy-nine of this  article  is  authorized  to
    35  sell  wine  to persons licensed to sell wine under this article and this
    36  section who operate the premises of  the  grocery  or  drug  store  wine
    37  licensee that occupies less than one thousand square feet.
    38    10.  The state liquor authority may make such rules as it deems neces-
    39  sary to carry out the provisions of this section,  however,  such  rules
    40  shall  not be construed to place additional limitations upon the holders
    41  of licenses issued pursuant to  section  seventy-nine  of  this  article
    42  unrelated to the sale of wine.
    43    §  14. Subdivision 10 of section 105 of the alcoholic beverage control
    44  law, paragraph (a) as amended by chapter 679 of the  laws  of  1950,  is
    45  amended to read as follows:
    46    10.  [(a)] Each retail licensee of liquor and/or wine for off-premises
    47  consumption shall have conspicuously displayed within  the  interior  of
    48  the  licensed  premises where sales are made and where it can be readily
    49  inspected by consumers a printed price list of the liquors and/or  wines
    50  offered for sale therein; and no liquor and/or wine shall be sold except
    51  at the price set forth in such list[;
    52    (b)  No  screen,  blind, curtain, partition, article or thing shall be
    53  permitted in the windows or upon the doors of  such  licensed  premises,
    54  which  shall  prevent  a  clear  view into the interior of such licensed
    55  premises from the sidewalk, at all times; and

        S. 4348--A                          9

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

        S. 4348--A                         10
 
     1  case, the bottle and case price to retailers, the net  bottle  and  case
     2  price paid by the seller, which prices, in each instance, shall be indi-
     3  vidual  for  each item and not in "combination" with any other item, the
     4  discounts  for  quantity, if any, and the discounts for time of payment,
     5  if any. For purposes of this paragraph, in regards to premises  licensed
     6  under  section  sixty-three  of  this  chapter,  "combination" shall not
     7  include wines provided by the same vineyard or distributor to a retailer
     8  and where such wines may be different. Such  brand  of  liquor  or  wine
     9  shall not be sold to retailers except at the price and discounts then in
    10  effect  unless  prior written permission of the authority is granted for
    11  good cause shown and for reasons not inconsistent with  the  purpose  of
    12  this  chapter.  Such  schedule shall be transmitted by each manufacturer
    13  selling such brand to retailers and  by  each  wholesaler  selling  such
    14  brand to retailers.
    15    §  17.  This  act  shall  take effect on the one hundred eightieth day
    16  after it shall have become a law, provided, however,  section  two-a  of
    17  this  act  shall  take effect on the same date and in the same manner as
    18  part H of chapter 58 of the laws of 2019, takes effect.
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