S T A T E O F N E W Y O R K
________________________________________________________________________
5727
2015-2016 Regular Sessions
I N A S S E M B L Y
March 3, 2015
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to the
sale of tonic water, bitters and maraschino cherries at liquor stores
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 4 of section 63 of the alcoholic beverage
2 control law, as amended by chapter 603 of the laws of 1992, is amended
3 to read as follows:
4 4. No licensee under this section shall be engaged in any other busi-
5 ness on the licensed premises. The sale of ANY OF THE FOLLOWING SHALL
6 NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF THIS
7 SUBDIVISION:
8 (A) lottery tickets, when duly authorized and lawfully conducted[, the
9 sale of];
10 (B) corkscrews [or the sale of];
11 (C) ice [or the sale of];
12 (D) publications, including prerecorded video and/or audio cassette
13 tapes, designed to help educate consumers in their knowledge and appre-
14 ciation of wine and wine products, as defined in section three of this
15 chapter[, or the sale of];
16 (E) non-carbonated, non-flavored mineral waters, spring waters and
17 drinking waters [or the sale of];
18 (F) glasses designed for the consumption of wine, racks designed for
19 the storage of wine, and devices designed to minimize oxidation in
20 bottles of wine which have been uncorked[, shall not constitute engaging
21 in another business within the meaning of this subdivision];
22 (G) TONIC WATER;
23 (H) BITTERS; AND
24 (I) MARASCHINO CHERRIES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00918-01-5
A. 5727 2
1 S 2. Paragraph (a) of subdivision 1 of section 104 of the alcoholic
2 beverage control law, as amended by chapter 2 of the laws of 2013, is
3 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
21 winery or licensed farm winery or prohibit such wine wholesaler from
22 exercising any of its rights pursuant to sections seventy-six and seven-
23 ty-six-a of this chapter provided that the operation of such beer and
24 wine wholesalers business shall be subject to such rules and regulations
25 as the liquor authority may prescribe; (4) prohibit a beer wholesaler
26 who is authorized to sell beer at retail from selling at retail: (i)
27 candy, chewing gum and cough drops; (ii) non-refrigerated salsa; (iii)
28 cigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue
29 and picnic-related products and supplies, which shall include, but not
30 be limited to, charcoal, grills, propane gas, plastic and paper cups,
31 paper or plastic tablecloths and coolers; (v) beer making and brewing
32 supplies and publications, which shall include, but not be limited to,
33 books, magazines, equipment and ingredients; (vi) steins, mugs and other
34 glassware appropriate for the consumption of beer, malt beverages and
35 wine products; (vii) items typically used to serve beer and malt bever-
36 ages including, but not limited to, taps, kegerators, koozies and beer
37 socks; (viii) lemons, limes and oranges, provided that no more than two
38 dozen of each shall be displayed at any one time; (ix) rock salt, ice
39 and snow melting compounds, snow shovels; windshield washer solvent;
40 firewood; beach umbrellas; sunglasses and sun block; and (x) prepaid
41 telephone cards; [or](5) prohibit the installation and operation of a
42 single automated teller machine in the premises of a beer wholesaler who
43 is authorized to sell beer at retail; OR (6) PROHIBIT A LIQUOR WHOLE-
44 SALER FROM TRANSPORTING OR SELLING TONIC WATER, BITTERS AND MARASCHINO
45 CHERRIES. For the purposes of this subdivision, "automated teller
46 machine" means a device which is linked to the accounts and records of a
47 banking institution and which enables consumers to carry out banking
48 transactions, including but not limited to, account transfers, deposits,
49 cash withdrawals, balance inquiries and loan payments.
50 S 3. This act shall take effect immediately.