STATE OF NEW YORK ________________________________________________________________________ 7898 2017-2018 Regular Sessions IN ASSEMBLY May 18, 2017 ___________ Introduced by M. of A. BRINDISI -- read once and referred to the Commit- tee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to permitting sales to holders of licenses to sell for on-premises consumption The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 79 of the alcoholic beverage control law is amended 2 by adding a new subdivision 5 to read as follows: 3 5. Notwithstanding any other provisions of this chapter, any license 4 under this section includes the privileges to sell wine to any person 5 licensed under this chapter to sell wine at retail for consumption on 6 the premises under section sixty-four, sixty-four-a, sixty-four-b, 7 sixty-four-c, sixty-four-d, seventy-nine-b or eighty-one of this chap- 8 ter. Any such sales shall be subject to section one hundred one-aa of 9 this chapter. Prior to making any sales to on-premises licensees, a 10 licensee under this chapter shall obtain a permit from the federal Alco- 11 hol and Tobacco Tax and Trade Bureau authorizing it to sell wine at 12 wholesale and shall register as a distributor of alcoholic beverages 13 with the state department of taxation and finance. 14 § 2. Section 63 of the alcoholic beverage control law is amended by 15 adding a new subdivision 7 to read as follows: 16 7. Notwithstanding any other provisions of this chapter, any license 17 under this section includes the privileges to sell liquor and/or wine to 18 any person licensed under this chapter to sell liquor and/or wine at 19 retail for consumption on the premises under section sixty-four, sixty- 20 four-a, sixty-four-b, sixty-four-c, sixty-four-d, seventy-nine-b, or 21 eighty-one of this chapter. Any such sales shall be subject to section 22 one hundred one-aa of this chapter. Prior to making any sales to 23 on-premises licensees, a licensee under this chapter shall obtain a 24 permit from the federal Alcohol and Tobacco Tax and Trade Bureau author- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09885-01-7A. 7898 2 1 izing it to sell wine and/or liquor at wholesale, and shall register as 2 a distributor of alcoholic beverages with the state department of taxa- 3 tion and finance. 4 § 3. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage 5 control law, as amended by chapter 458 of the laws of 1993, are amended 6 to read as follows: 7 3-a. No licensee or permittee shall purchase or agree to purchase any 8 alcoholic beverages from any person within the state who is not duly 9 licensed to sell such alcoholic beverage as the case may be, at the time 10 of such agreement and sale nor give any order for any alcoholic beverage 11 to any individual who is not the holder of a solicitor's permit, except 12 as provided for in section sixty-three, seventy-nine, eighty-five or 13 ninety-nine-g of this chapter. 14 3-b. No retail licensee shall purchase, agree to purchase or receive 15 any alcoholic beverage except from a person duly licensed within the 16 state by the liquor authority to sell such alcoholic beverage at the 17 time of such agreement and sale to such retail licensee, except as 18 provided for in section sixty-three, seventy-nine, eighty-five or nine- 19 ty-nine-g of this chapter. 20 § 4. This act shall take effect immediately.