Bill Text: NY S03386 | 2023-2024 | General Assembly | Introduced


Bill Title: Enacts the wine industry and liquor store revitalization act; authorizes grocery and drug stores to sell wine on their premises for consumption off the premises.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S03386 Detail]

Download: New_York-2023-S03386-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3386

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by Sens. KRUEGER, LIU -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Commerce,  Economic
          Development and Small Business

        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          enacting the wine industry and liquor store revitalization act; and to
          repeal certain provisions of such law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This  act  shall  be  known and may be cited as the "wine
     2  industry and liquor store revitalization act".
     3    § 2. Subdivisions 4 and 5 of section  63  of  the  alcoholic  beverage
     4  control  law, subdivision 4 as amended by section 3 of part H of chapter
     5  58 of the laws of 2019, are amended and five new subdivisions 7,  8,  9,
     6  10 and 11 are added to read as follows:
     7    4.  (a)  No  licensee under this section shall be engaged in any other
     8  business on the licensed premises. The sale of products complementary to
     9  the business of the licensed premises shall not constitute  engaging  in
    10  another  business  within the meaning of this subdivision. Such products
    11  shall include but not be limited to the sale of  lottery  tickets,  when
    12  duly  authorized  and  lawfully  conducted, the sale of reusable bags as
    13  defined in section 27-2801 of the environmental  conservation  law,  the
    14  sale  of  corkscrews  or  the  sale  of ice or the sale of publications,
    15  including prerecorded video and/or audio cassette tapes, or  educational
    16  seminars,  designed  to  help  educate  consumers in their knowledge and
    17  appreciation of alcoholic beverages, as defined in section three of this
    18  chapter and allowed pursuant to their license, or the sale of  [non-car-
    19  bonated, non-flavored mineral waters, spring waters and drinking waters]
    20  non-alcoholic  beverages  for  consumption on or off premises, including
    21  but not limited to bottled water, juice and soda beverages, or the  sale
    22  of tobacco products or herbal cigarettes, provided the licensee complies
    23  with  section  thirteen hundred ninety-nine-cc of the public health law,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08187-01-3

        S. 3386                             2

     1  or the sale at retail of cigars  which  have  been  prepackaged  by  the
     2  manufacturer  in  boxes  of  ten  or  more,  or the sale of publications
     3  designed to help educate consumers in their knowledge  and  appreciation
     4  of  cigar  products, or food items, which shall include locally produced
     5  farm products and any food or food product not specifically prepared for
     6  immediate consumption upon the premises, or the sale of  gift  bags  and
     7  gift  baskets  including,  but not limited to, shot glasses, single malt
     8  scotch glasses, grappa glasses, decanters, other glassware, food or farm
     9  products not specifically prepared for immediate  consumption  upon  the
    10  premises,  all  of  which is related to the consumption and enjoyment of
    11  wine and spirits or the sale of glasses designed for the consumption  of
    12  wine,  racks  designed  for the storage of wine, and devices designed to
    13  minimize oxidation in bottles of wine which have been uncorked,  or  the
    14  sale  of  gift  bags,  gift  boxes, or wrapping, for alcoholic beverages
    15  purchased at the licensed premises  shall  not  constitute  engaging  in
    16  another  business  within  the  meaning  of  this  subdivision.  Any fee
    17  obtained from the sale of an educational seminar shall not be considered
    18  as a fee for any tasting that may be offered during an educational semi-
    19  nar, provided that such tastings are available to persons who  have  not
    20  paid  to attend the seminar and all tastings are conducted in accordance
    21  with section sixty-three-a of this article.
    22    (b) The installation and operation of automated teller machines  shall
    23  not  constitute  engaging in another business within the meaning of this
    24  subdivision.  For  purposes  of  this  subdivision,  "automated   teller
    25  machine" means a device which is linked to the accounts and records of a
    26  banking  institution  and  which  enables consumers to carry out banking
    27  transactions, including, but not limited to, account  transfers,  depos-
    28  its, cash withdrawals, balance inquiries, and loan payments.
    29    5.  [Not more than one license shall be] Nothing in this section shall
    30  be construed to prohibit multiple licenses from  being  granted  to  any
    31  person under this section.
    32    7.  Any  license obtained under this section includes authorization to
    33  sell alcoholic beverages for resale to licensed premises for on-premises
    34  consumption   as   licensed   by   sections   fifty-five,    sixty-four,
    35  sixty-four-a, seventy-nine-b, and eighty-one of this chapter as provided
    36  in  subdivisions  three-a and three-b of section one hundred two of this
    37  chapter.
    38    8. Commencing on the effective date of this subdivision, no additional
    39  licenses shall be issued pursuant to this section except as outlined  in
    40  subdivision  nine  of  this  section. The provisions of this subdivision
    41  shall not apply to (a) the renewal, transfer or continuance of a license
    42  pursuant to this chapter, (b) an application for a license filed  before
    43  the effective date of this subdivision, (c) the issuance of a license in
    44  accordance  with  the  provisions  of  this  chapter,  to  a  person who
    45  purchased the business operations of a licensee, provided, however, that
    46  any person licensed under this section shall make an application to  the
    47  liquor authority prior to selling its license to another person.
    48    9. Any existing license issued under this section which is canceled or
    49  revoked  by  the  liquor  authority  may be auctioned off to the highest
    50  bidder, provided that the person meets all the applicable  requirements.
    51  The  amount  of  the  sale of the existing license as authorized in this
    52  subdivision shall be subject  to  sales  and  compensating  use  tax  as
    53  imposed by section eleven hundred five of the tax law.
    54    10.  Each existing licensee shall be authorized to apply for one addi-
    55  tional license for retail sale of liquor for consumption off  the  prem-
    56  ises for use in the establishment of another licensed premises, provided

        S. 3386                             3

     1  however,   the   additional   premises   complies  with  all  applicable
     2  restrictions and requirements. The  additional  license  issued  by  the
     3  authority  under  this  subdivision  may  be sold provided the purchaser
     4  meets  all applicable requirements, which sale shall be subject to sales
     5  and compensating use tax as imposed by section eleven  hundred  five  of
     6  the  tax  law. The authorization for the establishment of a new premises
     7  or sale of the additional license under this  subdivision  shall  expire
     8  three years from the effective date of this subdivision.
     9    11.  The authority is authorized to auction off to the highest bidder,
    10  provided that the person meets all the  applicable  requirements,  addi-
    11  tional  licenses  for  the  sale of liquor or wine or both at retail for
    12  consumption off the premises. The revenue from this sale shall be  allo-
    13  cated for the increased licensure and enforcement efforts of the author-
    14  ity.  The  authority  shall  be  authorized to sell no more than fifteen
    15  additional licenses every two years, beginning on April first, two thou-
    16  sand twenty-six.
    17    § 3. Section 79 of the alcoholic beverage control law  is  amended  by
    18  adding four new subdivisions 5, 6, 7 and 8 to read as follows:
    19    5.  Any  license obtained under this section includes authorization to
    20  sell alcoholic beverages for resale to licensed premises for on-premises
    21  consumption   as   licensed   by   sections   fifty-five,    sixty-four,
    22  sixty-four-a, seventy-nine-b, and eighty-one of this chapter as provided
    23  in  subdivisions  three-a and three-b of section one hundred two of this
    24  chapter.
    25    6. Commencing on the effective date of this subdivision, no additional
    26  licenses shall be issued pursuant to this section except as outlined  in
    27  subdivision  seven  of  this section. The provisions of this subdivision
    28  shall not apply to (a) the renewal, transfer or continuance of a license
    29  pursuant to this chapter, (b) an application for a license filed  before
    30  the effective date of this subdivision, (c) the issuance of a license in
    31  accordance  with  the  provisions  of  this  chapter,  to  a  person who
    32  purchased the business operations of a licensee, provided, however, that
    33  any person licensed under this section shall make an application to  the
    34  liquor authority prior to selling its license to another person.
    35    7. Any existing license issued under this section which is canceled or
    36  revoked  by  the  liquor  authority  may be auctioned off to the highest
    37  bidder, provided that the person meets all the applicable  requirements.
    38  The  amount  of  the  sale of the existing license as authorized in this
    39  subdivision shall be subject  to  sales  and  compensating  use  tax  as
    40  imposed by section eleven hundred five of the tax law.
    41    8.  Each  existing licensee shall be authorized to apply for one addi-
    42  tional license for retail sale of liquor for consumption off  the  prem-
    43  ises for use in the establishment of another licensed premises, provided
    44  however,   the   additional   premises   complies  with  all  applicable
    45  restrictions and requirements. The  additional  license  issued  by  the
    46  authority  under this subdivision as well as any existing license issued
    47  under this section may be sold provided the purchaser meets all applica-
    48  ble requirements, which sale shall be subject to sales and  compensating
    49  use  tax  as  imposed by section eleven hundred five of the tax law. The
    50  authorization for the establishment of a new premises  or  sale  of  the
    51  additional  license under this subdivision shall expire three years from
    52  the effective date of this subdivision.
    53    § 4. Section 83 of the alcoholic beverage control law  is  amended  by
    54  adding a new subdivision 10 to read as follows:
    55    10.  The  annual fee for a grocery or drug store wine license pursuant
    56  to section seventy-nine-e of this  article  shall  be  one  hundred  ten

        S. 3386                             4

     1  dollars. Where, however, the applicant is the holder of two or more such
     2  licenses, the annual fee for each additional license shall be double the
     3  amount hereinabove set forth.
     4    §  5. Subdivision 2-a of section 100 of the alcoholic beverage control
     5  law, as amended by chapter 249 of the laws of 2002, is amended  to  read
     6  as follows:
     7    2-a.  No  retailer  shall  employ,  or permit to be employed, or shall
     8  suffer to work, on any premises licensed for retail sale hereunder,  any
     9  person  under the age of eighteen years, as a hostess, waitress, waiter,
    10  or in any other capacity where the duties  of  such  person  require  or
    11  permit  such  person  to  sell,  dispense or handle alcoholic beverages;
    12  except that: (1) any person under the age of eighteen years and employed
    13  by any person holding a grocery or drug  store  beer  license  shall  be
    14  permitted  to  handle and deliver beer and wine products for such licen-
    15  see, (2) any person under the age of eighteen employed as a cashier by a
    16  person holding a grocery or drug store beer license shall  be  permitted
    17  to  record  and  receive payment for beer and wine product sales when in
    18  the presence of and under the direct supervision of  a  person  eighteen
    19  years  of  age or over, (2-a) any person under the age of eighteen years
    20  and employed by a person holding a grocery  store  or  drug  store  beer
    21  license  as  either a cashier or in any other position to which handling
    22  of containers which may have  held  alcoholic  beverages  is  necessary,
    23  shall  be permitted to handle the containers if such have been presented
    24  for redemption in accordance with the provisions of title ten of article
    25  twenty-seven of the environmental conservation law, [and] (3) any person
    26  under the age of eighteen years employed as  a  dishwasher,  busboy,  or
    27  other  such  position  as to which handling of containers which may have
    28  held alcoholic beverages is necessary shall be permitted to do so  under
    29  the  direct  supervision  of a person of legal age to purchase alcoholic
    30  beverages in the state, (4) any person under the age of  eighteen  years
    31  and  employed by any person holding a grocery or drug store wine license
    32  shall be permitted to handle and deliver wine for such licensee, and (5)
    33  any person under the age of eighteen employed as a cashier by  a  person
    34  holding  a  grocery  or  drug  store  wine license shall be permitted to
    35  record and receive payment for wine when in the presence  of  and  under
    36  the direct supervision of a person eighteen years of age or over.
    37    §  6.  Section 100 of the alcoholic beverage control law is amended by
    38  adding a new subdivision 2-c to read as follows:
    39    2-c. No person shall sell, deliver or give away or cause or permit  or
    40  procure  to  be sold, delivered or given away any alcoholic beverages to
    41  any person, actually or apparently, under the age of  twenty-one  years.
    42  As  a  precondition to the sale of any alcoholic beverage, the purchaser
    43  of any alcoholic beverage must  provide  written  evidence  of  age.  No
    44  licensee,  or  agent or employee of a licensee under this chapter, shall
    45  accept as written evidence of age by any such person for the purchase of
    46  any alcoholic beverage, any documentation other than: (a) a valid  driv-
    47  er's license or non-driver identification card issued by the commission-
    48  er of motor vehicles, the federal government, any United States territo-
    49  ry,  commonwealth  or  possession,  the  District  of  Columbia, a state
    50  government within the United States or a provincial  government  of  the
    51  dominion  of Canada, or (b) a valid passport issued by the United States
    52  government or any other country, or (c) an identification card issued by
    53  the armed forces of the United States.
    54    § 7. Paragraph (a) of subdivision 14 of section 105 of  the  alcoholic
    55  beverage  control  law, as amended by section 1 of part EE of chapter 55
    56  of the laws of 2022, is amended to read as follows:

        S. 3386                             5

     1    (a) No premises licensed to sell liquor and/or wine  for  off-premises
     2  consumption shall be permitted to remain open:
     3    (i)  On  Sunday  before  [twelve  o'clock post meridian] eight o'clock
     4  antemeridian and after nine o'clock post meridian.
     5    (ii) On any day between  [midnight]  three  o'clock  antemeridian  and
     6  eight o'clock antemeridian.
     7    In  any  community  where daylight saving time is in effect, such time
     8  shall be deemed the standard time for the purpose of this subdivision.
     9    § 8. Section 105 of the alcoholic beverage control law is  amended  by
    10  adding a new subdivision 24 to read as follows:
    11    24. Cooperative agreements by licensees to sell at retail for consump-
    12  tion  on the premises. Any two or more retail licensees for off-premises
    13  consumption may join in a cooperative agreement to make joint  purchases
    14  of  alcoholic  beverages  in  larger  quantities than might otherwise be
    15  purchased; provided, however, that  all  alcoholic  beverages  purchased
    16  pursuant to any such agreement shall be distributed to none other than a
    17  licensee who is a party to such agreement.
    18    § 9. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
    19  control  law, as amended by chapter 458 of the laws of 1993, are amended
    20  to read as follows:
    21    3-a. No licensee or permittee shall purchase or agree to purchase  any
    22  alcoholic  beverages  from  any  person within the state who is not duly
    23  licensed to sell such alcoholic beverage as the case may be, at the time
    24  of such agreement and sale nor give any order for any alcoholic beverage
    25  to any individual who is not the holder of a solicitor's permit,  except
    26  as  provided for in section eighty-five [or], ninety-nine-g, or seventy-
    27  nine-e, or subdivision ten of section sixty-three of this chapter.
    28    3-b. No retail licensee shall purchase, agree to purchase  or  receive
    29  any  alcoholic  beverage  except  from a person duly licensed within the
    30  state by the liquor authority to sell such  alcoholic  beverage  at  the
    31  time  of  such  agreement  and  sale  to such retail licensee, except as
    32  provided for in section eighty-five  [or],  ninety-nine-g,  or  seventy-
    33  nine-e, or subdivision ten of section sixty-three of this chapter.
    34    §  10.  Subdivision  2 of section 79 of the alcoholic beverage control
    35  law is amended to read as follows:
    36    2. [Not more than one license shall be] Nothing in this section  shall
    37  be  construed  to  prohibit  multiple licenses from being granted to any
    38  person under this section.
    39    § 11. Subdivision 2 of section 105 of the alcoholic  beverage  control
    40  law is REPEALED.
    41    §  12.  Subdivision 7 of section 105 of the alcoholic beverage control
    42  law is REPEALED.
    43    § 13. The alcoholic beverage control law is amended by  adding  a  new
    44  section 79-e to read as follows:
    45    § 79-e. Grocery or drug store wine license. 1. Any person may apply to
    46  the  authority  for a license to sell from the licensed premises wine in
    47  sealed containers for consumption off such premises.
    48    2. No such license shall be issued, however, to  any  person  for  any
    49  premises  other than a grocery store, as defined in subdivision thirteen
    50  of section three of this chapter, or a drug store, as defined in  subdi-
    51  vision twelve of section three of this chapter.
    52    3. (a) Notwithstanding any other provision of this chapter, except for
    53  good cause shown, the authority shall issue a grocery or drug store wine
    54  license  to  the holder of a license to sell beer at retail for consump-
    55  tion off the premises pursuant to section fifty-four of this chapter, or
    56  beer and wine products at retail for consumption off the premises pursu-

        S. 3386                             6

     1  ant to section fifty-four-a of this chapter,  at  the  request  of  such
     2  licensee,  or  to the holder of a wholesaler's license issued or renewed
     3  prior to July first, nineteen hundred sixty, and thereafter  renewed  or
     4  transferred,  which authorizes the holder thereof to sell beer at retail
     5  to a person for consumption in his or her home.
     6    (b) For the purposes of this subdivision, the premises of the  grocery
     7  or  drug  store wine licensee shall be the same as the premises licensed
     8  under section fifty-four or fifty-four-a of this chapter.
     9    (c) Notwithstanding any other provisions of this chapter, any  license
    10  issued pursuant to this section shall run concurrently with the underly-
    11  ing  license  under  section fifty-four or fifty-four-a of this chapter,
    12  and shall be deemed expired at  such  time  as  the  underlying  license
    13  expires.
    14    (d)  Wine  tasting.  Any person licensed to sell wine pursuant to this
    15  article shall be permitted to conduct wine tastings. Wine tastings which
    16  are conducted under the auspices of an official agent of a farm  winery,
    17  winery, wholesaler, or importer and where such agent is physically pres-
    18  ent at all times during the conduct of the tasting, then, in that event,
    19  any  liability  stemming  from  a  right of action resulting from a wine
    20  tasting as authorized pursuant to this section, and in  accordance  with
    21  the  provisions of sections 11-100 and 11-101 of the general obligations
    22  law, shall accrue to the farm winery, winery, wholesaler, or importer.
    23    4. Notwithstanding any other provision of this chapter, the  authority
    24  may  issue  a  license  under this section to the holder of a license to
    25  sell wine at retail for consumption off the premises pursuant to section
    26  seventy-nine of this article, provided that: (a) the licensee meets  the
    27  requirements  of  subdivision two of this section; and (b) upon issuance
    28  of a license, the licensee under this  section  surrenders  the  license
    29  certificate issued pursuant to such section seventy-nine.
    30    5.  Such  application  shall  be  in  such form and shall contain such
    31  information as shall be required by the rules of the authority and shall
    32  be accompanied by a check or draft in the amount required by this  arti-
    33  cle for such license.
    34    6.  Notwithstanding  any  other provisions of this chapter, any person
    35  receiving a license pursuant to this section shall not be subject to the
    36  provisions of subdivision two, three or four of section seventy-nine  of
    37  this article.
    38    7.  Notwithstanding  any  other provisions of this chapter, any person
    39  receiving a license pursuant to this section shall not be subject to the
    40  provisions of paragraph (a) of subdivision three of section one  hundred
    41  five of this chapter.
    42    8.  (a)  A  one-time  franchise  fee  shall be paid for by each retail
    43  outlet to the state liquor  authority.  This  franchise  fee  is  hereby
    44  imposed at a rate of 0.46 of one percent of the total gross sales at the
    45  individual licensed premises of the licensee in the previous year.
    46    (b)  In  the  event  an  applicant  has been in business for less than
    47  twelve months prior to the filing of the application for  this  license,
    48  such  applicant  shall,  in  accordance with the rules of the authority,
    49  remit an estimate of its franchise fee based  on  square  footage  at  a
    50  licensee's location pursuant to the following schedule:
    51  Square Footage at             Franchise Fee
    52  Licensee's Location           Per Location
    53          0-999                 $825
    54    1,000-1,999                 $1,650
    55    2,000-3,999                 $3,300

        S. 3386                             7

     1    4,000-9,999                 $8,250
     2  10,000-19,999                 $16,500
     3  20,000-24,999                 $33,000
     4  25,000-29,999                 $82,500
     5  30,000-39,999                 $132,000
     6  40,000 and greater            $495,000
     7    Within  sixty days after such licensee shall have been in business for
     8  twelve months, such licensee shall submit to the authority,  in  accord-
     9  ance  with  the  rules  of the authority, a statement showing its actual
    10  total gross sales for the first twelve months of operation and the fran-
    11  chise fee due pursuant to paragraph (a)  of  this  subdivision.  In  the
    12  event  the  franchise  fee determined pursuant to such paragraph exceeds
    13  the amount paid pursuant to this paragraph,  the  licensee  shall  remit
    14  payment  for  the  balance  of  the  required  franchise fee within such
    15  sixty-day period. Failure to remit payment within such sixty-day  period
    16  shall  be grounds for cancellation or revocation of such license. In the
    17  event that the franchise fee due  pursuant  to  paragraph  (a)  of  this
    18  subdivision is less than the amount paid pursuant to this paragraph, the
    19  licensee  shall  be entitled to a refund equal to the difference between
    20  the franchise fee paid pursuant to this paragraph  and  the  amount  due
    21  pursuant to paragraph (a) of this subdivision.
    22    (c)  No  license  shall  be  issued pursuant to this section until the
    23  franchise fee or estimated franchise fee under this subdivision required
    24  by either paragraph (a) or (b) of this  subdivision  has  been  paid  in
    25  full.
    26    (d)  The  franchise fee shall be deposited and disposed of in the same
    27  manner as any license fee as provided in section one hundred twenty-five
    28  of this chapter.
    29    9. (a) Any person licensed  to sell wine pursuant to this article that
    30  operates the premises of the grocery or drug store  wine  licensee  that
    31  occupies  less  than  one  thousand  square  feet may purchase, agree to
    32  purchase or receive any alcoholic beverage from a person licensed  under
    33  section  sixty-three  of  this  chapter  to  sell  liquor  at retail for
    34  consumption off the premises.
    35    (b) Any person licensed to sell wine at retail for consumption off the
    36  premises under section seventy-nine of this  article  is  authorized  to
    37  sell  wine  to persons licensed to sell wine under this article and this
    38  section who operate the premises of  the  grocery  or  drug  store  wine
    39  licensee that occupies less than one thousand square feet.
    40    10.  The state liquor authority may make such rules as it deems neces-
    41  sary to carry out the provisions of this section,  however,  such  rules
    42  shall  not be construed to place additional limitations upon the holders
    43  of licenses issued pursuant to  section  seventy-nine  of  this  article
    44  unrelated to the sale of wine.
    45    §  14. Subdivision 10 of section 105 of the alcoholic beverage control
    46  law, paragraph (a) as amended by chapter 679 of the  laws  of  1950,  is
    47  amended to read as follows:
    48    10.  [(a)] Each retail licensee of liquor and/or wine for off-premises
    49  consumption shall have conspicuously displayed within  the  interior  of
    50  the  licensed  premises where sales are made and where it can be readily
    51  inspected by consumers a printed price list of the liquors and/or  wines
    52  offered for sale therein; and no liquor and/or wine shall be sold except
    53  at the price set forth in such list[;
    54    (b)  No  screen,  blind, curtain, partition, article or thing shall be
    55  permitted in the windows or upon the doors of  such  licensed  premises,

        S. 3386                             8

     1  which  shall  prevent  a  clear  view into the interior of such licensed
     2  premises from the sidewalk, at all times; and
     3    (c)  No booth, screen, partition or other obstruction shall be permit-
     4  ted in the interior of said licensed premises].
     5    § 15. The alcoholic beverage control law is amended by  adding  a  new
     6  section 97-d to read as follows:
     7    §  97-d.  Temporary retail permit for new applicants. 1. The authority
     8  is hereby authorized to issue a temporary retail permit to an  applicant
     9  of a premises that is not licensed when the applicant has filed with the
    10  authority  an  application  for a retail license at such premises or has
    11  filed renewal of such license. Such application shall be in writing  and
    12  verified  and  shall contain information as the authority shall require.
    13  Such application shall be accompanied by a filing  fee  of  seventy-five
    14  dollars.
    15    2.  Upon  application,  the  authority  shall issue a temporary retail
    16  permit when the applicant has filed with the  authority  an  application
    17  for  a  retail  license  at such premises or a renewal thereof, together
    18  with all required filing and license fees. A temporary permit issued  by
    19  the  authority  pursuant  to  this  section shall be for a period not to
    20  exceed ninety days. A temporary permit may be extended at the discretion
    21  of the authority, for an additional thirty days.
    22    3. Pursuant to this section a  temporary  retail  permit  may  not  be
    23  issued for any premises that is in violation of the provisions of subdi-
    24  vision  seven of section sixty-four, subdivision seven of section sixty-
    25  four-a, subdivision five of section sixty-four-b, subdivision eleven  of
    26  section  sixty-four-c,  subdivision  eight  of  section  sixty-four-d or
    27  subdivision three of section one hundred five of this chapter.
    28    4. A temporary retail permit is a conditional permit and shall author-
    29  ize the holder thereof to, in the case of all other retail applications,
    30  purchase and sell such alcoholic beverages as would be permitted  to  be
    31  purchased  and  sold under the privileges of the license applied for; to
    32  sell alcoholic beverages to consumers only and not for  resale;  and  to
    33  purchase  alcoholic  beverages  only by payment in currency or check for
    34  such alcoholic beverages on or before they are delivered to  such  prem-
    35  ises.
    36    5.  Notwithstanding any other provision of law, a temporary permit may
    37  be summarily cancelled or suspended at any time if the authority  deter-
    38  mines  that  good  cause for such cancellation or suspension exists. The
    39  authority shall promptly notify the holder  of  a  temporary  permit  in
    40  writing  of  such  cancellation  or  suspension  and shall set forth the
    41  reasons for such action.
    42    6. Approval of, or extension of, a temporary retail license shall  not
    43  be deemed as an approval of the retail application.
    44    7.  Notwithstanding any inconsistent provision of law to the contrary,
    45  the authority may promulgate such rules and regulations as may be neces-
    46  sary to carry out the provisions of this section.
    47    § 16. Paragraph (b) of subdivision 3 of section 101-b of the alcoholic
    48  beverage control law, as amended by section 1 of part E of chapter 56 of
    49  the laws of 2006, is amended to read as follows:
    50    (b) No brand of liquor or wine shall be sold  to  or  purchased  by  a
    51  retailer  unless a schedule, as provided by this section, is transmitted
    52  to and received by the liquor authority, and is  then  in  effect.  Such
    53  schedule  shall  be  transmitted  to the authority in such form, manner,
    54  medium and format as the authority may  direct;  shall  be  deemed  duly
    55  verified by the person submitting such schedule upon its transmission to
    56  the  authority;  and shall contain, with respect to each item, the exact

        S. 3386                             9

     1  brand or trade name, capacity of package, nature of  contents,  age  and
     2  proof where stated on the label, the number of bottles contained in each
     3  case,  the  bottle  and case price to retailers, the net bottle and case
     4  price paid by the seller, which prices, in each instance, shall be indi-
     5  vidual  for  each item and not in "combination" with any other item, the
     6  discounts for quantity, if any, and the discounts for time  of  payment,
     7  if  any. For purposes of this paragraph, in regards to premises licensed
     8  under section sixty-three  of  this  chapter,  "combination"  shall  not
     9  include wines provided by the same vineyard or distributor to a retailer
    10  and  where  such  wines  may  be different. Such brand of liquor or wine
    11  shall not be sold to retailers except at the price and discounts then in
    12  effect unless prior written permission of the authority is  granted  for
    13  good  cause  shown  and for reasons not inconsistent with the purpose of
    14  this chapter. Such schedule shall be transmitted  by  each  manufacturer
    15  selling  such  brand  to  retailers  and by each wholesaler selling such
    16  brand to retailers.
    17    § 17. This act shall take effect on  the  one  hundred  eightieth  day
    18  after it shall have become a law.
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