Bill Text: NY S04343 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to seven day licenses to sell wine or liquor; permits sales to holders of licenses to sell for on-premises consumption.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S04343 Detail]

Download: New_York-2017-S04343-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4343
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 10, 2017
                                       ___________
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Commerce, Economic  Devel-
          opment and Small Business
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09885-01-7
        S. 4343                             2
     1  permit from the federal Alcohol and Tobacco Tax and Trade Bureau author-
     2  izing  it to sell wine and/or liquor at wholesale, and shall register as
     3  a distributor of alcoholic beverages with the state department of  taxa-
     4  tion and finance.
     5    § 3. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
     6  control  law, as amended by chapter 458 of the laws of 1993, are amended
     7  to read as follows:
     8    3-a. No licensee or permittee shall purchase or agree to purchase  any
     9  alcoholic  beverages  from  any  person within the state who is not duly
    10  licensed to sell such alcoholic beverage as the case may be, at the time
    11  of such agreement and sale nor give any order for any alcoholic beverage
    12  to any individual who is not the holder of a solicitor's permit,  except
    13  as  provided  for  in  section sixty-three, seventy-nine, eighty-five or
    14  ninety-nine-g of this chapter.
    15    3-b. No retail licensee shall purchase, agree to purchase  or  receive
    16  any  alcoholic  beverage  except  from a person duly licensed within the
    17  state by the liquor authority to sell such  alcoholic  beverage  at  the
    18  time  of  such  agreement  and  sale  to such retail licensee, except as
    19  provided for in section sixty-three, seventy-nine, eighty-five or  nine-
    20  ty-nine-g of this chapter.
    21    § 4. This act shall take effect immediately.