Bill Text: NY S03568 | 2023-2024 | General Assembly | Amended

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Bill Title: Permits the sale of tonic water, bitters, maraschino cherries and dealcoholized wine at liquor stores.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-06-07 - COMMITTED TO RULES [S03568 Detail]

Download: New_York-2023-S03568-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3568--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 1, 2023
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations -- recommitted to the Committee on Investigations  and
          Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
          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 the
          sale of tonic water, bitters, maraschino cherries,  and  dealcoholized
          wine at liquor stores

          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  24  of  the  laws  of
     3  2024, 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
     6  shall:  (1)  prohibit  a  beer wholesaler from (i) acquiring, storing or
     7  selling non-alcoholic snack foods, as defined in paragraph (b)  of  this
     8  subdivision, (ii) manufacturing, bottling, storing, or selling non-alco-
     9  holic  carbonated  beverages,  (iii)  manufacturing,  storing or selling
    10  non-alcoholic non-carbonated soft drinks, mineral waters, spring waters,
    11  drinking water, non-taxable malt  or  cereal  beverages,  juice  drinks,
    12  fruit  or vegetable juices, ice, liquid beverage mixes and dry or frozen
    13  beverage mixes, (iv) acquiring, storing or selling  wine  products,  (v)
    14  the  sale  of  promotional  items  on such premises, or (vi) the sale of
    15  tobacco products at retail by wholesalers who are licensed to sell  beer
    16  and  other  products  at retail; (2) prohibit a wholesaler authorized to
    17  sell wine from manufacturing, acquiring or selling wine merchandise,  as
    18  defined  in  paragraph  (d) of this subdivision; (3) prohibit a licensed
    19  winery or licensed farm winery from engaging in the business of  a  wine
    20  wholesaler  for  New  York  state labeled wines produced by any licensed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04439-05-4
        S. 3568--A                          2

     1  winery or licensed farm winery or prohibit  such  wine  wholesaler  from
     2  exercising any of its rights pursuant to sections seventy-six and seven-
     3  ty-six-a  of  this  chapter provided that the operation of such beer and
     4  wine wholesalers business shall be subject to such rules and regulations
     5  as  the  liquor  authority may prescribe; (4) prohibit a beer wholesaler
     6  who is authorized to sell beer at retail from  selling  at  retail:  (i)
     7  candy,  chewing  gum and cough drops; (ii) non-refrigerated salsa; (iii)
     8  cigarette lighters, lighter fluid, matches and ashtrays;  (iv)  barbecue
     9  and  picnic-related  products and supplies, which shall include, but not
    10  be limited to, charcoal, grills, propane gas, plastic  and  paper  cups,
    11  paper  or  plastic  tablecloths and coolers; (v) beer making and brewing
    12  supplies and publications, which shall include, but not be  limited  to,
    13  books, magazines, equipment and ingredients; (vi) steins, mugs and other
    14  glassware  appropriate  for  the consumption of beer, malt beverages and
    15  wine products; (vii) items typically used to serve beer and malt  bever-
    16  ages  including,  but not limited to, taps, kegerators, koozies and beer
    17  socks; (viii) lemons, limes and oranges, provided that no more than  two
    18  dozen  of  each  shall be displayed at any one time; (ix) rock salt, ice
    19  and snow melting compounds, snow  shovels;  windshield  washer  solvent;
    20  firewood;  beach  umbrellas;  sunglasses  and sun block; and (x) prepaid
    21  telephone cards; (5) prohibit the installation and operation of a single
    22  automated teller machine in the premises of a  beer  wholesaler  who  is
    23  authorized  to sell beer at retail; [or] (6) prohibit a liquor or a wine
    24  wholesaler from transporting or selling gifts or promotional items asso-
    25  ciated with wine or liquor products as provided for in subdivision  four
    26  of  section sixty-three of this chapter; or (7) prohibit a liquor whole-
    27  saler from transporting or  selling  tonic  water,  bitters,  maraschino
    28  cherries,  or dealcoholized wine.  For the purposes of this subdivision,
    29  "automated teller machine"  means  a  device  which  is  linked  to  the
    30  accounts  and records of a banking institution and which enables consum-
    31  ers to carry out banking transactions, including  but  not  limited  to,
    32  account  transfers,  deposits,  cash  withdrawals, balance inquiries and
    33  loan payments.
    34    § 2. Subdivision 4 of section 63 of  the  alcoholic  beverage  control
    35  law, as amended by chapter 24 of the laws of 2024, is amended to read as
    36  follows:
    37    4.  (a)  No  licensee under this section shall be engaged in any other
    38  business on the licensed premises. The sale  of  any  of  the  following
    39  shall  not constitute engaging in another business within the meaning of
    40  this subdivision:
    41    (i) lottery tickets, when duly authorized and lawfully conducted[, the
    42  sale of];
    43    (ii) reusable bags as defined in section 27-2801 of the  environmental
    44  conservation law[, the sale of];
    45    (iii) corkscrews [or the sale of];
    46    (iv) ice [or the sale of];
    47    (v)  publications,  including  prerecorded video and/or audio cassette
    48  tapes, or educational seminars, designed to help  educate  consumers  in
    49  their  knowledge  and appreciation of alcoholic beverages, as defined in
    50  section three of this chapter and allowed pursuant to their license[, or
    51  the sale of non-carbonated,];
    52    (vi) non-flavored mineral waters, spring waters  and  drinking  waters
    53  [or the sale of];
    54    (vii)  glasses  designed  for the consumption of wine or liquor, racks
    55  designed for the storage of  wine,  and  devices  designed  to  minimize
    56  oxidation in bottles of wine which have been uncorked[, or the sale of];
        S. 3568--A                          3

     1    (viii) gift bags, gift boxes, associated gift or promotional items, or
     2  wrapping,  for  alcoholic  beverages  purchased at the licensed premises
     3  [shall not constitute engaging in another business within the meaning of
     4  this subdivision];
     5    (ix) tonic water;
     6    (x) bitters;
     7    (xi) maraschino cherries; or
     8    (xii) dealcoholized wine.
     9    (b) Any fee obtained from the sale of an educational seminar shall not
    10  be  considered  as  a  fee for any tasting that may be offered during an
    11  educational seminar,  provided  that  such  tastings  are  available  to
    12  persons  who  have  not  paid to attend the seminar and all tastings are
    13  conducted in accordance with section sixty-three-a of this article.
    14    (c) For the purposes of this section, gift or promotional items  shall
    15  only  include those items that are complimentary and directly associated
    16  with the sale of wine or liquor they are promoting and shall  mean:  (i)
    17  items that are de minimis in value, but in no instance shall merchandise
    18  be  valued  at  more  than fifteen dollars in total; (ii) items that are
    19  imprinted with the wine or liquor brand logo on the gift or  promotional
    20  item;  and  (iii) items that are included as part of a manufactured pre-
    21  sealed package with the wine or liquor that is being gifted or promoted.
    22  Further, for the purposes of this section, promotional items  shall  not
    23  include  any  food,  non-alcoholic beverage, or other drink or food mix,
    24  nor shall these items be offered for sale to the general public as indi-
    25  vidual items.
    26    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    27  have become a law.