Bill Text: NY S06473 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to enacting the "New York wine & distilled spirits development act"; allows individuals to hold more than one seven day license to sell liquor at retail for off-premises consumption; establishes the New York distilled spirits and wine industry marketing and promotion fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S06473 Detail]
Download: New_York-2023-S06473-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6473 2023-2024 Regular Sessions IN SENATE April 21, 2023 ___________ Introduced by Sen. COONEY -- 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 and the state finance law, in relation to enacting the "New York wine & distilled spirits development act"; and to repeal certain provisions of the alcoholic beverage control 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 "New York 2 wine & distilled spirits development act". 3 § 2. Subdivision 6 of section 63 of the alcoholic beverage control law 4 is REPEALED and subdivision 5 is amended to read as follows: 5 5. [Not] (a) Prior to January first, two thousand twenty-four, not 6 more than one license shall be granted to any person under this section. 7 Beginning on and after January first, two thousand twenty-four, a person 8 may be granted additional seven day licenses as follows, provided howev- 9 er, the issuance of such seven day licenses shall be in accordance with 10 paragraphs (b), (c) and (d) of this subdivision: 11 (i) On or after January first, two thousand twenty-four, not more than 12 two additional seven day licenses may be granted to any person under 13 this section, for a maximum of three seven day licenses any person may 14 hold. 15 (ii) On or after January first, two thousand twenty-six, not more than 16 four additional seven day licenses may be granted to any person under 17 this section, for a maximum of five seven day licenses any person may 18 hold. 19 (iii) On or after January first, two thousand twenty-eight, not more 20 than six additional seven day licenses may be granted to any person 21 under this section, for a maximum of seven seven day licenses any person 22 may hold. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06841-01-3S. 6473 2 1 (iv) On or after January first, two thousand thirty, not more than 2 eight additional seven day licenses may be granted to any person under 3 this section, for a maximum of nine seven day licenses any person may 4 hold. 5 (v) On or after January first, two thousand thirty-two, not more than 6 eleven additional seven day licenses may be granted to any person under 7 this section, for a maximum of twelve seven day licenses any person may 8 hold. 9 (b) Commencing on the effective date of this paragraph, and every five 10 years thereafter, the authority shall determine the ratio of active 11 seven day licenses in a county per adult residents over the age of twen- 12 ty-one years residing in such county, using the most current decennial 13 census as conducted by the United States Department of Commerce. Such 14 ratio shall be used by the authority when considering an application for 15 a seven day license within any county provided for in paragraphs (c) and 16 (d) of this subdivision. 17 (c) No additional seven day licenses shall be granted by the authority 18 in any county in which the ratio of active seven day licenses in such 19 county per adult residents over the age of twenty-one years residing in 20 such county is equal to or less than one active seven day license per 21 three thousand adult residents over the age of twenty-one years. The 22 provisions of this paragraph shall not apply to: 23 (i) the renewal, removal or continuance of a seven day license; 24 (ii) an application for a seven day license filed before the effective 25 date of this paragraph; or 26 (iii) an application by a purchaser of all or substantially all of the 27 assets of an existing licensee of a seven day license within the county. 28 A purchaser under this subparagraph shall make an application to the 29 authority, which the authority shall grant, provided that (A) such 30 purchaser is otherwise qualified to hold a seven day license, and (B) 31 the premises sought to be licensed under this section shall comply with 32 the requirements of this article and are not located in a different 33 county. 34 (d) The authority may, in its discretion, auction additional seven day 35 licenses to be used in any county whose ratio of active seven day 36 licenses in such county per adult residents over the age of twenty-one 37 years residing in the county is greater than one active seven day 38 license per three thousand adult residents over the age of twenty-one 39 years. No seven day license may be auctioned if such license would cause 40 the county's ratio of active seven day licenses per adult residents over 41 the age of twenty-one years residing in the county to be equal to or 42 less than three thousand adult residents over the age of twenty-one 43 years. 44 § 3. Subdivision 5 of section 66 of the alcoholic beverage control 45 law, as amended by section 3 of part Z of chapter 85 of the laws of 46 2002, is amended to read as follows: 47 5. The annual fee for [a] each license to sell liquor at retail not to 48 be consumed on the premises where sold shall be thirteen hundred sixty- 49 six dollars in the counties of New York, Kings, Bronx and Queens; eight 50 hundred fifty-four dollars in the county of Richmond and in cities 51 having a population of more than one hundred thousand and less than one 52 million; and elsewhere the sum of five hundred twelve dollars. 53 § 4. Subdivision 16 of section 105 of the alcoholic beverage control 54 law, as amended by chapter 621 of the laws of 1944, is amended to read 55 as follows:S. 6473 3 1 16. No retail licensee to sell liquors and/or wines for off-premises 2 consumption shall be interested, directly or indirectly, in any premises 3 where liquors, wines or beer are manufactured or sold at wholesale or, 4 expect as set forth in section sixty-three of this chapter, any other 5 premises where liquor or wine is sold at retail for off-premises 6 consumption, by stock ownership, interlocking directors, mortgage or 7 lien on any personal or real property or by any other means. Any lien, 8 mortgage or other interest or estate, however, now held by such retailer 9 on or in the personal or real property of such manufacturer or whole- 10 saler, which mortgage, lien, interest or estate was acquired on or 11 before December thirty-first, nineteen hundred thirty-two, shall not be 12 included within the provisions of this subdivision; provided, however, 13 the burden of establishing the time of the accrual of the interest 14 comprehended by this subdivision, shall be upon the person who claims to 15 be entitled to the protection and exemption afforded hereby. 16 § 5. The state finance law is amended by adding a new section 97-bbbbb 17 to read as follows: 18 § 97-bbbbb. New York distilled spirits and wine industry marketing and 19 promotion fund. 1. There is hereby established in the joint custody of 20 the commissioner of taxation and finance and the state comptroller a 21 special fund to be known as the "New York distilled spirits and wine 22 industry marketing fund". As used in this section, the term "the fund" 23 shall mean the New York distilled spirits and wine industry marketing 24 fund established pursuant to this section. 25 2. (a) The fund shall consist of twenty-five percent of all revenues 26 received pursuant to subdivision five of section sixty-six of the alco- 27 holic beverage control law, and all other money appropriated, credited 28 or transferred thereto from any other fund or source pursuant to law. 29 Nothing contained in this section shall prevent the state from receiving 30 grants, gifts or bequests for the purposes of the fund and depositing 31 them into the fund according to law. 32 (b) On or before the first day of February each year, the comptroller 33 shall certify to the governor, temporary president of the senate, speak- 34 er of the assembly, chair of the senate finance committee, and chair of 35 the assembly ways and means committee, the amount of money deposited 36 into the fund during the preceding calendar year as the result of reven- 37 ue derived pursuant to subdivision five of section sixty-six of the 38 alcoholic beverage control law and from grants, gifts and bequests. 39 (c) On or before the first day of February each year, the commissioner 40 of economic development shall provide a written report to the temporary 41 president of the senate, speaker of the assembly, chair of the senate 42 finance committee, chair of the assembly ways and means committee, chair 43 of the senate investigations and government operations committee, chair 44 of the senate agriculture committee, chair of the senate commerce, 45 economic development and small business committee, chair of the assembly 46 economic development, job creation, commerce and industry committee, 47 chair of the assembly agriculture committee, the state comptroller, and 48 the public. Such report shall include how the moneys of the fund were 49 utilized during the preceding calendar year including expenditures for 50 all promotional and marketing activity. 51 3. Moneys for the fund shall be expended only for the marketing and 52 promotional campaigns and education projects on behalf of New York 53 produced distilled spirits and wine that are approved by the commission- 54 er of economic development.S. 6473 4 1 4. Moneys shall be payable from the fund on the audit and warrant of 2 the comptroller on vouchers approved and certified by the commissioner 3 of economic development. 4 5. To the extent practicable, the commissioner of economic development 5 shall ensure that all moneys received by the fund during a fiscal year 6 are expended prior to the end of the fiscal year. 7 § 6. This act shall take effect January 1, 2024.
