STATE OF NEW YORK
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5404--A
2011-2012 Regular Sessions
IN SENATE
May 18, 2011
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Introduced by Sens. MARTINS, GRISANTI -- read twice and ordered printed,
and when printed to be committed to the Committee on Investigations
and Government Operations -- 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
permitting the holder of a wholesaler's license to sell certain food
and seasonal specialty items and to install and operate automated
teller machines
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 104 of the alco-
2 holic beverage control law, as amended by chapter 223 of the laws of
3 2002, is amended to read as follows:
4 (a) No wholesaler shall be engaged in any other business on the prem-
5 ises to be licensed; except that nothing contained in this chapter shall
6 (1) prohibit a beer wholesaler from (i) acquiring, storing or selling
7 non-alcoholic snack foods, as defined in paragraph (b) of this subdivi-
8 sion, (ii) manufacturing, bottling, storing, or selling non-alcoholic
9 carbonated beverages, (iii) manufacturing, storing or selling non-alco-
10 holic non-carbonated soft drinks, mineral waters, spring waters, drink-
11 ing water, non-taxable malt or cereal beverages, juice drinks, fruit or
12 vegetable juices, ice, liquid beverage mixes and dry or frozen beverage
13 mixes, (iv) acquiring, storing or selling wine products, (v) the sale of
14 promotional items on such premises, or (vi) the sale of tobacco products
15 at retail by wholesalers who are licensed to sell beer and other
16 products at retail, (2) prohibit a wholesaler authorized to sell wine
17 from manufacturing, acquiring or selling wine merchandise, as defined in
18 paragraph (d) of this subdivision, or (3) prohibit a licensed winery or
19 licensed farm winery from engaging in the business of a wine wholesaler
20 for New York state labeled wines produced by any licensed winery or
21 licensed farm winery or prohibit such wine wholesaler from exercising
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03357-03-2
S. 5404--A 2
1 any of its rights pursuant to sections seventy-six and seventy-six-a of
2 this chapter provided that the operation of such beer and wine whole-
3 salers business shall be subject to such rules and regulations as the
4 liquor authority may prescribe. (4) The sale of the following products
5 at retail shall not constitute engaging in another business within the
6 meaning of this subdivision: (i) candy, chewing gum and cough drops;
7 (ii) non-refrigerated salsa; (iii) cigarette lighters, lighter fluid,
8 matches and ashtrays; (iv) barbecue and picnic-related products and
9 supplies, which shall include, but not be limited to, charcoal, grills,
10 propane gas, plastic and paper cups; paper or plastic tablecloths and
11 coolers; (v) beer making and brewing supplies and publications, which
12 shall include, but not be limited to, books, magazines, equipment and
13 ingredients; (vi) steins, mugs and other glassware appropriate for the
14 consumption of beer, malt beverages and wine products; (vii) items typi-
15 cally used to serve beer and malt beverages including, but not limited
16 to, taps, kegerators, cozies and beer socks; (viii) lemons, limes and
17 oranges, provided that no more than two dozen of each shall be displayed
18 at any one time; (ix) rock salt, ice and snow melting compounds, snow
19 shovels; windshield washer solvent; firewood; beach umbrellas; sunglass-
20 es and sun block; and (x) prepaid telephone cards. (5) The installation
21 and operation of a single automated teller machine in each licensed
22 premises shall not constitute engaging in another business within the
23 meaning of this subdivision. For the purposes of this subdivision,
24 "automated teller machine" means a device which is linked to the
25 accounts and records of a banking institution and which enables consum-
26 ers to carry out banking transactions, including but not limited to,
27 account transfers, deposits, cash withdrawals, balance inquiries and
28 loan payments.
29 § 2. This act shall take effect immediately.
