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S04661 Summary:

S04661 Actions:

S04661 Committee Votes:

S04661 Floor Votes:

S04661 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4661
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     March 20, 2019
                                       ___________
 
        Introduced  by Sen. KAMINSKY -- 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
          requiring certain licenses to brew or sell beer to include the certif-
          icate of authority number

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of  section  51 of the alcoholic beverage
     2  control law, as amended by chapter 361 of the laws of 1994,  is  amended
     3  to read as follows:
     4    1.  Any person may apply to the liquor authority for a license to brew
     5  beer within this state for sale. Such application shall  be  in  writing
     6  and  verified and shall contain such information as the liquor authority
     7  shall require. Such application shall be accompanied by a check or draft
     8  for the amount required by this article for such license. If the  liquor
     9  authority  shall grant the application, it shall issue a license in such
    10  form as shall be determined by its rules. Such license shall  contain  a
    11  description  of the licensed premises and in form and in substance shall
    12  be a license to the person therein specifically designated to brew  beer
    13  in the premises therein specifically licensed. Such a license shall also
    14  contain the certificate of authority number.
    15    §  2.  Section 53 of the alcoholic beverage control law, as amended by
    16  chapter 361 of the laws of 1994, is amended to read as follows:
    17    § 53. Wholesaler's license.   Any  person  may  apply  to  the  liquor
    18  authority  for  a  license  to  sell beer at wholesale. Such application
    19  shall be in writing and verified and shall contain such  information  as
    20  the  liquor authority shall require.  Such application shall be accompa-
    21  nied by a check or draft for the amount required  by  this  article  for
    22  such  license.  If  the  liquor authority shall grant the application it
    23  shall issue a license in such form as shall be determined by its  rules.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10724-01-9
        S. 4661                             2
 
     1  Such  a license shall contain a description of the licensed premises and
     2  in form and in substance shall  be  a  license  to  the  person  therein
     3  specifically designated to sell beer at wholesale in the premises there-
     4  in  specifically  licensed  to  duly licensed wholesalers, retailers and
     5  permittees in this state, and to sell or deliver beer to persons outside
     6  the state pursuant to the laws of the place of such  sale  or  delivery.
     7  Such a license shall also contain the certificate of authority number. A
     8  wholesaler's  license  issued  or  renewed prior to July first, nineteen
     9  hundred sixty, and thereafter renewed or  transferred,  shall  authorize
    10  the holder thereof to sell beer at retail to a person for consumption in
    11  his home; provided, however, that regardless of the date issued, renewed
    12  or  transferred,  a  wholesaler's  license  issued to a brewer or to the
    13  wholly-owned subsidiary of a brewer, shall authorize the holder  thereof
    14  to sell beer at retail to a person for consumption in his home.
    15    § 3. Section 53-a of the alcoholic beverage control law, as amended by
    16  chapter 361 of the laws of 1994, is amended to read as follows:
    17    § 53-a. Vendor's  license.    In  cities  having  a  population of one
    18  million or more, any individual person may apply for a license  to  sell
    19  beer  as  a  vendor. Such application shall be in writing, and verified,
    20  and shall  contain  such  information  as  the  liquor  authority  shall
    21  require.  Such  application shall be accompanied by a check or draft for
    22  the amount required by this article for  such  license.  If  the  liquor
    23  authority  shall  grant the application it shall issue a license in such
    24  form as shall be determined by its rules. Such a license shall contain a
    25  description of the licensed premises and in form and in substance  shall
    26  be  a license to the person therein specifically designated to sell beer
    27  as a vendor in cities having a population of one million or  more  only,
    28  from  the  premises  therein specifically licensed. Such a license shall
    29  also contain the certificate of authority  number.  A  vendor's  license
    30  shall  authorize  the holder thereof to sell beer at retail to be deliv-
    31  ered by such vendor to a person for consumption in his  home  and  shall
    32  authorize  the holder thereof to operate one vehicle for the delivery of
    33  beer, but shall not authorize the sale to any  person  or  licensee  for
    34  resale.
    35    § 4. Subdivision 5 of section 54 of the alcoholic beverage control law
    36  is amended to read as follows:
    37    5.  Such  license shall contain a description of the licensed premises
    38  and in form and in substance shall be a license to  the  person  specif-
    39  ically designated therein to sell beer at retail in the premises specif-
    40  ically  licensed,  not to be consumed upon said premises. Such a license
    41  shall also contain the certificate of authority number.
    42    § 5. Subdivision 3 of section 54-a of the alcoholic  beverage  control
    43  law,  as added by chapter 235 of the laws of 1987, is amended to read as
    44  follows:
    45    3. Such license shall contain a description of the  licensed  premises
    46  and  in  form  and in substance shall be a license to the person specif-
    47  ically designated therein to sell beer and wine products  at  retail  in
    48  the  premises  specifically licensed, not to be consumed upon said prem-
    49  ises. Such a license shall also contain  the  certificate  of  authority
    50  number.
    51    § 6. Subdivision 2 of section 55 of the alcoholic beverage control law
    52  is amended to read as follows:
    53    2. Such a license shall contain a description of the licensed premises
    54  and  in  form  and in substance shall be a license to the person therein
    55  specifically designated to sell beer in  the  premises  therein  specif-
    56  ically  licensed,  at  retail,  to be consumed upon such premises.  Such
        S. 4661                             3
 
     1  license shall also include the privilege of selling beer at retail to be
     2  consumed off the premises. Such a license shall also contain the certif-
     3  icate of authority number.
     4    § 7. This act shall take effect immediately.