STATE OF NEW YORK
________________________________________________________________________
5844--A
2017-2018 Regular Sessions
IN SENATE
May 2, 2017
___________
Introduced by Sens. MURPHY, BONACIC -- read twice and ordered printed,
and when printed to be committed to the Committee on Commerce, Econom-
ic Development and Small Business -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the alcoholic beverage control law, in relation to
allowing off-premises licensees to conduct educational seminars
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 lottery tickets, when duly
6 authorized and lawfully conducted, the sale of corkscrews or the sale of
7 ice or the sale of publications, including prerecorded video and/or
8 audio cassette tapes, or educational seminars, designed to help educate
9 consumers in their knowledge and appreciation of [wine and wine
10 products] alcoholic beverages, as defined in section three of this chap-
11 ter and allowed pursuant to their license, or the sale of non-carbonat-
12 ed, non-flavored mineral waters, spring waters and drinking waters or
13 the sale of glasses designed for the consumption of wine, racks designed
14 for the storage of wine, and devices designed to minimize oxidation in
15 bottles of wine which have been uncorked, or the sale of gift bags, gift
16 boxes, or wrapping, for alcoholic beverages purchased at the licensed
17 premises shall not constitute engaging in another business within the
18 meaning of this subdivision. Any fee obtained from the sale of an educa-
19 tional seminar shall not be considered as a fee for any tasting that may
20 be offered during an educational seminar, provided that such tastings
21 are available to persons who have not paid to attend the seminar and all
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09912-05-7
S. 5844--A 2
1 tastings are conducted in accordance with section sixty-three-a of this
2 article.
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 lottery tickets, when duly
8 authorized and lawfully conducted, the sale of corkscrews or the sale of
9 ice or the sale of publications, including prerecorded video and/or
10 audio cassette tapes, or educational seminars, designed to help educate
11 consumers in their knowledge and appreciation of [wine and wine
12 products] alcoholic beverages, as defined in section three of this chap-
13 ter and allowed pursuant to their license, or the sale of non-carbonat-
14 ed, non-flavored mineral waters, spring waters and drinking waters or
15 the sale of glasses designed for the consumption of wine, racks designed
16 for the storage of wine, and devices designed to minimize oxidation in
17 bottles of wine which have been uncorked, shall not constitute engaging
18 in another business within the meaning of this subdivision. Any fee
19 obtained from the sale of an educational seminar shall not be considered
20 as a fee for any tasting that may be offered during an educational semi-
21 nar, provided that such tastings are available to persons who have not
22 paid to attend the seminar and all tastings are conducted in accordance
23 with section sixty-three-a of this article.
24 § 3. This act shall take effect immediately; provided, however, that
25 the amendments to subdivision 4 of section 63 of the alcoholic beverage
26 control law made by section one of this act shall be subject to the
27 expiration and reversion of such subdivision pursuant to chapter 297 of
28 the laws of 2016, as amended, when upon such date the provisions of
29 section two of this act shall take effect.