Bill Text: NY S01279 | 2025-2026 | General Assembly | Introduced
Bill Title: Establishes supermarket wine licenses to sell from the licensed premises wine in sealed containers for consumption off such premises.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2025-01-09 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01279 Detail]
Download: New_York-2025-S01279-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1279 2025-2026 Regular Sessions IN SENATE January 9, 2025 ___________ Introduced by Sens. KRUEGER, COMRIE, COONEY, FELDER, HOYLMAN-SIGAL, RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the alcoholic beverage control law, in relation to establishing supermarket wine licenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3 of the alcoholic beverage control law is amended 2 by adding a new subdivision 13-a to read as follows: 3 13-a. "Supermarket" shall mean any retail establishment (a) whose 4 primary business is the sale of foodstuffs for off-premises consumption, 5 and (b) which is at least five thousand square feet, in total floor 6 area. There shall be a rebuttable presumption that a retail establish- 7 ment is primarily engaged in the sale of foodstuffs where such sales of 8 foodstuffs constitutes greater than sixty-five percent of the total 9 revenue of such establishment in the twelve months preceding submission 10 of an application. 11 § 2. Subdivisions 3 and 5 of section 75 of the alcoholic beverage 12 control law, subdivision 3 as amended by section 4 of part K of chapter 13 60 of the laws of 2004 and subdivision 5 as added by chapter 355 of the 14 laws of 2013, are amended and a new subdivision 6 is added to read as 15 follows: 16 3. Seven day license to sell wine at retail for consumption off the 17 premises subject to paragraph (a) of subdivision fourteen of section one 18 hundred five of this chapter[.]; 19 5. Roadside farm market license[.]; 20 6. Supermarket wine license. 21 § 3. The alcoholic beverage control law is amended by adding a new 22 section 79-e to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01847-01-5S. 1279 2 1 § 79-e. Supermarket wine license. 1. Any person may apply to the 2 authority for a license to sell from the licensed premises wine in 3 sealed containers for consumption off such premises. 4 2. No such license shall be issued, however, to any person for any 5 premises other than a supermarket, as defined in subdivision thirteen-a 6 of section three of this chapter. 7 3. (a) Notwithstanding any other provision of this chapter, except for 8 good cause shown, the authority shall issue a supermarket license to the 9 holder of a license to sell beer at retail for consumption off the prem- 10 ises pursuant to section fifty-four of this chapter, or beer and wine 11 products at retail for consumption off the premises pursuant to section 12 fifty-four-a of this chapter, at the request of such licensee and there- 13 after renewed or transferred, which authorizes the holder thereof to 14 sell beer at retail to a person for consumption in their home. 15 (b) For the purposes of this section, the premises of the supermarket 16 wine licensee shall be the same as the premises licensed under section 17 fifty-four or fifty-four-a of this chapter. 18 (c) Notwithstanding any other provisions of this chapter, any license 19 issued pursuant to this section shall run concurrently with the underly- 20 ing license under section fifty-four or fifty-four-a of this chapter, 21 and shall be deemed expired at such time as the underlying license 22 expires. 23 (d) Any person licensed to sell wine pursuant to this article shall 24 be permitted to conduct wine tastings. Wine tastings which are conducted 25 under the auspices of an official agent of a farm winery, winery, whole- 26 saler, or importer and where such agent is physically present at all 27 times during the conduct of the tasting, then, in that event, any 28 liability stemming from a right of action resulting from a wine tasting 29 as authorized pursuant to this section, and in accordance with the 30 provisions of sections 11-100 and 11-101 of the general obligations law, 31 shall accrue to the farm winery, winery, wholesaler, or importer. 32 4. Such application shall be in such form and shall contain such 33 information as shall be required by the rules of the authority and shall 34 be accompanied by a check or draft in the amount required by this arti- 35 cle for such license. 36 5. Notwithstanding any other provisions of this chapter, any person 37 receiving a license pursuant to this section shall not be subject to the 38 provisions of subdivision two, three or four of section seventy-nine of 39 this article. 40 6. Notwithstanding any other provisions of this chapter, any person 41 receiving a license pursuant to this section shall not be subject to the 42 provisions of subdivision two, paragraph (a) of subdivision three, and 43 subdivision fourteen of section one hundred five of this chapter. 44 7. (a) A one-time franchise fee shall be paid for by each licensee to 45 the state liquor authority. This franchise fee is hereby imposed at a 46 rate of ten thousand dollars. 47 (b) No license shall be issued pursuant to this section until the 48 franchise fee or estimated franchise fee required by paragraph (a) of 49 this subdivision has been paid in full. 50 (c) The franchise fee shall be deposited and disposed of in the same 51 manner as any license fee as provided in section one hundred twenty-five 52 of this chapter. 53 8. Any person licensed to sell wine at retail for consumption off the 54 premises under section seventy-nine of this article is authorized to 55 sell wine to persons licensed to sell wine under this article and this 56 section who operate the premises of the supermarket wine licensee.S. 1279 3 1 9. The state liquor authority may make such rules as it deems neces- 2 sary to carry out the provisions of this section. 3 § 4. Section 83 of the alcoholic beverage control law is amended by 4 adding a new subdivision 10 to read as follows: 5 10. The annual fee for a supermarket wine license pursuant to section 6 seventy-nine-e of this article shall be at a rate of one-half (0.5) 7 percent of sales of wine sold, less the amount from sales of wines sold 8 that were produced in New York state. 9 § 5. Subdivision 2-a of section 100 of the alcoholic beverage control 10 law, as amended by chapter 249 of the laws of 2002, is amended to read 11 as follows: 12 2-a. No retailer shall employ, or permit to be employed, or shall 13 suffer to work, on any premises licensed for retail sale hereunder, any 14 person under the age of eighteen years[, as a hostess, waitress, waiter,15or] in any [other] capacity where the duties of such person require or 16 permit such person to sell, dispense or handle alcoholic beverages; 17 except that: (1) any person under the age of eighteen years and employed 18 by any person holding a grocery or drug store beer license shall be 19 permitted to handle and deliver beer and wine products for such licen- 20 see, (2) any person under the age of eighteen employed as a cashier by a 21 person holding a grocery or drug store beer license shall be permitted 22 to record and receive payment for beer and wine product sales when in 23 the presence of and under the direct supervision of a person eighteen 24 years of age or over, (2-a) any person under the age of eighteen years 25 and employed by a person holding a grocery store or drug store beer 26 license as either a cashier or in any other position to which handling 27 of containers which may have held alcoholic beverages is necessary, 28 shall be permitted to handle the containers if such have been presented 29 for redemption in accordance with the provisions of title ten of article 30 twenty-seven of the environmental conservation law, [and] (3) any person 31 under the age of eighteen years employed as a dishwasher, busboy, or 32 other such position as to which handling of containers which may have 33 held alcoholic beverages is necessary shall be permitted to do so under 34 the direct supervision of a person of legal age to purchase alcoholic 35 beverages in the state, (4) any person under the age of eighteen years 36 and employed by any person holding a supermarket wine license shall be 37 permitted to handle and deliver wine for such licensee, and (5) any 38 person under the age of eighteen employed as a cashier by a person hold- 39 ing a supermarket wine license shall be permitted to record and receive 40 payment for wine when in the presence of and under the direct super- 41 vision of a person eighteen years of age or over. 42 § 6. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage 43 control law, as amended by chapter 458 of the laws of 1993, are amended 44 to read as follows: 45 3-a. No licensee or permittee shall purchase or agree to purchase any 46 alcoholic beverages from any person within the state who is not duly 47 licensed to sell such alcoholic beverage as the case may be, at the time 48 of such agreement and sale nor give any order for any alcoholic beverage 49 to any individual who is not the holder of a solicitor's permit, except 50 as provided for in section eighty-five [or], ninety-nine-g, or seventy- 51 nine-e of this chapter. 52 3-b. No retail licensee shall purchase, agree to purchase or receive 53 any alcoholic beverage except from a person duly licensed within the 54 state by the liquor authority to sell such alcoholic beverage at the 55 time of such agreement and sale to such retail licensee, except asS. 1279 4 1 provided for in section eighty-five [or], ninety-nine-g, or seventy- 2 nine-e of this chapter. 3 § 7. Severability clause. If any clause, sentence, paragraph, subdivi- 4 sion, section or part of this act shall be adjudged by any court of 5 competent jurisdiction to be invalid, such judgment shall not affect, 6 impair, or invalidate the remainder thereof, but shall be confined in 7 its operation to the clause, sentence, paragraph, subdivision, section 8 or part thereof directly involved in the controversy in which such judg- 9 ment shall have been rendered. It is hereby declared to be the intent of 10 the legislature that this act would have been enacted even if such 11 invalid provisions had not been included herein. 12 § 8. This act shall take effect immediately.
