S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3430
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 9, 2015
                                      ___________
       Introduced  by  Sens. KRUEGER, DILAN, HASSELL-THOMPSON, PARKER, PERKINS,
         SAMPSON -- 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    S 2. Subdivisions 4 and 5 of section  63  of  the  alcoholic  beverage
    4  control  law,  subdivision  4  as  amended by chapter 603 of the laws of
    5  1992, are amended and five new subdivisions 7, 8,  9,  10,  and  11  are
    6  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 corkscrews or the
   13  sale of ice or the sale of  publications,  including  prerecorded  video
   14  and/or audio cassette tapes, designed to help educate consumers in their
   15  knowledge  and  appreciation  of  wine  and wine products, as defined in
   16  section three of this chapter, or the sale of [non-carbonated,  non-fla-
   17  vored  mineral  waters, spring waters and drinking waters] NON-ALCOHOLIC
   18  BEVERAGES FOR CONSUMPTION ON OR OFF PREMISES, INCLUDING BUT NOT  LIMITED
   19  TO  BOTTLED  WATER,  JUICE  AND  SODA  BEVERAGES, OR THE SALE OF TOBACCO
   20  PRODUCTS OR HERBAL  CIGARETTES,  PROVIDED  THE  LICENSEE  COMPLIES  WITH
   21  SECTION THIRTEEN HUNDRED NINETY-NINE-CC OF THE PUBLIC HEALTH LAW, OR THE
   22  SALE AT RETAIL OF CIGARS WHICH HAVE BEEN PREPACKAGED BY THE MANUFACTURER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03360-01-5
       S. 3430                             2
    1  IN  BOXES  OF  TEN OR MORE, OR THE SALE OF PUBLICATIONS DESIGNED TO HELP
    2  EDUCATE CONSUMERS IN THEIR KNOWLEDGE AND APPRECIATION OF CIGAR PRODUCTS,
    3  OR FOOD ITEMS, WHICH SHALL INCLUDE LOCALLY PRODUCED  FARM  PRODUCTS  AND
    4  ANY  FOOD  OR  FOOD  PRODUCT  NOT  SPECIFICALLY  PREPARED  FOR IMMEDIATE
    5  CONSUMPTION UPON THE PREMISES, OR THE SALE OF GIFT BAGS AND GIFT BASKETS
    6  INCLUDING, BUT NOT LIMITED TO, SHOT GLASSES, SINGLE MALT SCOTCH GLASSES,
    7  GRAPPA GLASSES, DECANTERS, OTHER GLASSWARE, FOOD OR  FARM  PRODUCTS  NOT
    8  SPECIFICALLY  PREPARED  FOR IMMEDIATE CONSUMPTION UPON THE PREMISES, ALL
    9  OF WHICH IS RELATED TO THE CONSUMPTION AND ENJOYMENT OF WINE AND SPIRITS
   10  or the sale of glasses designed  for  the  consumption  of  wine,  racks
   11  designed  for  the  storage  of  wine,  and devices designed to minimize
   12  oxidation in bottles of  wine  which  have  been  uncorked[,  shall  not
   13  constitute  engaging  in  another  business  within  the meaning of this
   14  subdivision].
   15    (B) THE INSTALLATION AND OPERATION OF AUTOMATED TELLER MACHINES  SHALL
   16  NOT  CONSTITUTE  ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF THIS
   17  SUBDIVISION.  FOR  PURPOSES  OF  THIS  SUBDIVISION,  "AUTOMATED   TELLER
   18  MACHINE" MEANS A DEVICE WHICH IS LINKED TO THE ACCOUNTS AND RECORDS OF A
   19  BANKING  INSTITUTION  AND  WHICH  ENABLES CONSUMERS TO CARRY OUT BANKING
   20  TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, ACCOUNT  TRANSFERS,  DEPOS-
   21  ITS, CASH WITHDRAWALS, BALANCE INQUIRIES, AND LOAN PAYMENTS.
   22    5.  [Not more than one license shall be] NOTHING IN THIS SECTION SHALL
   23  BE CONSTRUED TO PROHIBIT MULTIPLE LICENSES FROM  BEING  granted  to  any
   24  person under this section.
   25    7.  ANY  LICENSE OBTAINED UNDER THIS SECTION INCLUDES AUTHORIZATION TO
   26  SELL ALCOHOLIC BEVERAGES FOR RESALE TO LICENSED PREMISES FOR ON-PREMISES
   27  CONSUMPTION   AS   LICENSED   BY   SECTIONS   FIFTY-FIVE,    SIXTY-FOUR,
   28  SIXTY-FOUR-A, SEVENTY-NINE-B, AND EIGHTY-ONE OF THIS CHAPTER AS PROVIDED
   29  IN  SUBDIVISIONS  THREE-A AND THREE-B OF SECTION ONE HUNDRED TWO OF THIS
   30  CHAPTER.
   31    8. COMMENCING ON THE EFFECTIVE DATE OF THIS SUBDIVISION, NO ADDITIONAL
   32  LICENSES SHALL BE ISSUED PURSUANT TO THIS SECTION EXCEPT AS OUTLINED  IN
   33  SUBDIVISION  NINE  OF  THIS  SECTION. THE PROVISIONS OF THIS SUBDIVISION
   34  SHALL NOT APPLY TO (A) THE RENEWAL, TRANSFER OR CONTINUANCE OF A LICENSE
   35  PURSUANT TO THIS CHAPTER, (B) AN APPLICATION FOR A LICENSE FILED  BEFORE
   36  THE EFFECTIVE DATE OF THIS SUBDIVISION, (C) THE ISSUANCE OF A LICENSE IN
   37  ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS  CHAPTER,  TO  A  PERSON WHO
   38  PURCHASED THE BUSINESS OPERATIONS OF A LICENSEE, PROVIDED, HOWEVER, THAT
   39  ANY PERSON LICENSED UNDER THIS SECTION SHALL MAKE AN APPLICATION TO  THE
   40  LIQUOR AUTHORITY PRIOR TO SELLING ITS LICENSE TO ANOTHER PERSON.
   41    9. ANY EXISTING LICENSE ISSUED UNDER THIS SECTION WHICH IS CANCELED OR
   42  REVOKED  BY  THE  LIQUOR  AUTHORITY  MAY BE AUCTIONED OFF TO THE HIGHEST
   43  BIDDER, PROVIDED THAT THE PERSON MEETS ALL THE APPLICABLE  REQUIREMENTS.
   44  THE  AMOUNT  OF  THE  SALE OF THE EXISTING LICENSE AS AUTHORIZED IN THIS
   45  SUBDIVISION SHALL BE SUBJECT  TO  SALES  AND  COMPENSATING  USE  TAX  AS
   46  IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF THE TAX LAW.
   47    10.  EACH EXISTING LICENSEE SHALL BE AUTHORIZED TO APPLY FOR ONE ADDI-
   48  TIONAL LICENSE FOR RETAIL SALE OF LIQUOR FOR CONSUMPTION OFF  THE  PREM-
   49  ISES FOR USE IN THE ESTABLISHMENT OF ANOTHER LICENSED PREMISES, PROVIDED
   50  HOWEVER,   THE   ADDITIONAL   PREMISES   COMPLIES  WITH  ALL  APPLICABLE
   51  RESTRICTIONS AND REQUIREMENTS. THE  ADDITIONAL  LICENSE  ISSUED  BY  THE
   52  AUTHORITY  UNDER  THIS  SUBDIVISION  MAY  BE SOLD PROVIDED THE PURCHASER
   53  MEETS ALL APPLICABLE REQUIREMENTS, WHICH SALE SHALL BE SUBJECT TO  SALES
   54  AND  COMPENSATING  USE  TAX AS IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF
   55  THE TAX LAW. THE AUTHORIZATION FOR THE ESTABLISHMENT OF A  NEW  PREMISES
       S. 3430                             3
    1  OR  SALE  OF  THE ADDITIONAL LICENSE UNDER THIS SUBDIVISION SHALL EXPIRE
    2  THREE YEARS FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.
    3    11.  THE AUTHORITY IS AUTHORIZED TO AUCTION OFF TO THE HIGHEST BIDDER,
    4  PROVIDED THAT THE PERSON MEETS ALL THE  APPLICABLE  REQUIREMENTS,  ADDI-
    5  TIONAL  LICENSES  FOR  THE  SALE OF LIQUOR OR WINE OR BOTH AT RETAIL FOR
    6  CONSUMPTION OFF THE PREMISES. THE REVENUE FROM THIS SALE SHALL BE  ALLO-
    7  CATED FOR THE INCREASED LICENSURE AND ENFORCEMENT EFFORTS OF THE AUTHOR-
    8  ITY.  THE  AUTHORITY  SHALL  BE  AUTHORIZED TO SELL NO MORE THAN FIFTEEN
    9  ADDITIONAL LICENSES EVERY TWO YEARS, BEGINNING ON APRIL FIRST, TWO THOU-
   10  SAND NINETEEN.
   11    S 3. Section 79 of the alcoholic beverage control law  is  amended  by
   12  adding four new subdivisions 5, 6, 7, and 8 to read as follows:
   13    5.  ANY  LICENSE OBTAINED UNDER THIS SECTION INCLUDES AUTHORIZATION TO
   14  SELL ALCOHOLIC BEVERAGES FOR RESALE TO LICENSED PREMISES FOR ON-PREMISES
   15  CONSUMPTION   AS   LICENSED   BY   SECTIONS   FIFTY-FIVE,    SIXTY-FOUR,
   16  SIXTY-FOUR-A, SEVENTY-NINE-B, AND EIGHTY-ONE OF THIS CHAPTER AS PROVIDED
   17  IN  SUBDIVISIONS  THREE-A AND THREE-B OF SECTION ONE HUNDRED TWO OF THIS
   18  CHAPTER.
   19    6. COMMENCING ON THE EFFECTIVE DATE OF THIS SUBDIVISION, NO ADDITIONAL
   20  LICENSES SHALL BE ISSUED PURSUANT TO THIS SECTION EXCEPT AS OUTLINED  IN
   21  SUBDIVISION  SEVEN  OF  THIS SECTION. THE PROVISIONS OF THIS SUBDIVISION
   22  SHALL NOT APPLY TO (A) THE RENEWAL, TRANSFER OR CONTINUANCE OF A LICENSE
   23  PURSUANT TO THIS CHAPTER, (B) AN APPLICATION FOR A LICENSE FILED  BEFORE
   24  THE EFFECTIVE DATE OF THIS SUBDIVISION, (C) THE ISSUANCE OF A LICENSE IN
   25  ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS  CHAPTER,  TO  A  PERSON WHO
   26  PURCHASED THE BUSINESS OPERATIONS OF A LICENSEE, PROVIDED, HOWEVER, THAT
   27  ANY PERSON LICENSED UNDER THIS SECTION SHALL MAKE AN APPLICATION TO  THE
   28  LIQUOR AUTHORITY PRIOR TO SELLING ITS LICENSE TO ANOTHER PERSON.
   29    7. ANY EXISTING LICENSE ISSUED UNDER THIS SECTION WHICH IS CANCELED OR
   30  REVOKED  BY  THE  LIQUOR  AUTHORITY  MAY BE AUCTIONED OFF TO THE HIGHEST
   31  BIDDER, PROVIDED THAT THE PERSON MEETS ALL THE APPLICABLE  REQUIREMENTS.
   32  THE  AMOUNT  OF  THE  SALE OF THE EXISTING LICENSE AS AUTHORIZED IN THIS
   33  SUBDIVISION SHALL BE SUBJECT  TO  SALES  AND  COMPENSATING  USE  TAX  AS
   34  IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF THE TAX LAW.
   35    8.  EACH  EXISTING LICENSEE SHALL BE AUTHORIZED TO APPLY FOR ONE ADDI-
   36  TIONAL LICENSE FOR RETAIL SALE OF LIQUOR FOR CONSUMPTION OFF  THE  PREM-
   37  ISES FOR USE IN THE ESTABLISHMENT OF ANOTHER LICENSED PREMISES, PROVIDED
   38  HOWEVER,   THE   ADDITIONAL   PREMISES   COMPLIES  WITH  ALL  APPLICABLE
   39  RESTRICTIONS AND REQUIREMENTS. THE  ADDITIONAL  LICENSE  ISSUED  BY  THE
   40  AUTHORITY  UNDER THIS SUBDIVISION AS WELL AS ANY EXISTING LICENSE ISSUED
   41  UNDER THIS SECTION MAY BE SOLD PROVIDED THE PURCHASER MEETS ALL APPLICA-
   42  BLE REQUIREMENTS, WHICH SALE SHALL BE SUBJECT TO SALES AND  COMPENSATING
   43  USE  TAX  AS  IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF THE TAX LAW. THE
   44  AUTHORIZATION FOR THE ESTABLISHMENT OF A NEW PREMISES  OR  SALE  OF  THE
   45  ADDITIONAL  LICENSE UNDER THIS SUBDIVISION SHALL EXPIRE THREE YEARS FROM
   46  THE EFFECTIVE DATE OF THIS SUBDIVISION.
   47    S 4. Section 83 of the alcoholic beverage control law  is  amended  by
   48  adding a new subdivision 9 to read as follows:
   49    9. THE ANNUAL FEE FOR A GROCERY OR DRUG STORE WINE LICENSE PURSUANT TO
   50  SECTION SEVENTY-NINE-E OF THIS ARTICLE SHALL BE ONE HUNDRED TEN DOLLARS.
   51  WHERE,  HOWEVER,  THE  APPLICANT  IS  THE  HOLDER  OF  TWO  OR MORE SUCH
   52  LICENSES, THE ANNUAL FEE FOR EACH ADDITIONAL LICENSE SHALL BE DOUBLE THE
   53  AMOUNT HEREINABOVE SET FORTH.
   54    S 5. Subdivision 2-a of section 100 of the alcoholic beverage  control
   55  law,  as  amended by chapter 249 of the laws of 2002, is amended to read
   56  as follows:
       S. 3430                             4
    1    2-a. No retailer shall employ, or permit  to  be  employed,  or  shall
    2  suffer  to work, on any premises licensed for retail sale hereunder, any
    3  person under the age of eighteen years, as a hostess, waitress,  waiter,
    4  or  in  any  other  capacity  where the duties of such person require or
    5  permit  such  person  to  sell,  dispense or handle alcoholic beverages;
    6  except that: (1) any person under the age of eighteen years and employed
    7  by any person holding a grocery or drug  store  beer  license  shall  be
    8  permitted  to  handle and deliver beer and wine products for such licen-
    9  see, (2) any person under the age of eighteen employed as a cashier by a
   10  person holding a grocery or drug store beer license shall  be  permitted
   11  to  record  and  receive payment for beer and wine product sales when in
   12  the presence of and under the direct supervision of  a  person  eighteen
   13  years  of  age or over, (2-a) any person under the age of eighteen years
   14  and employed by a person holding a grocery  store  or  drug  store  beer
   15  license  as  either a cashier or in any other position to which handling
   16  of containers which may have  held  alcoholic  beverages  is  necessary,
   17  shall  be permitted to handle the containers if such have been presented
   18  for redemption in accordance with the provisions of title ten of article
   19  twenty-seven of the environmental conservation law, [and] (3) any person
   20  under the age of eighteen years employed as  a  dishwasher,  busboy,  or
   21  other  such  position  as to which handling of containers which may have
   22  held alcoholic beverages is necessary shall be permitted to do so  under
   23  the  direct  supervision  of a person of legal age to purchase alcoholic
   24  beverages in the state, (4) ANY PERSON UNDER THE AGE OF  EIGHTEEN  YEARS
   25  AND  EMPLOYED BY ANY PERSON HOLDING A GROCERY OR DRUG STORE WINE LICENSE
   26  SHALL BE PERMITTED TO HANDLE AND DELIVER WINE FOR SUCH LICENSEE, AND (5)
   27  ANY PERSON UNDER THE AGE OF EIGHTEEN EMPLOYED AS A CASHIER BY  A  PERSON
   28  HOLDING  A  GROCERY  OR  DRUG  STORE  WINE LICENSE SHALL BE PERMITTED TO
   29  RECORD AND RECEIVE PAYMENT FOR WINE WHEN IN THE PRESENCE  OF  AND  UNDER
   30  THE DIRECT SUPERVISION OF A PERSON EIGHTEEN YEARS OF AGE OR OVER.
   31    S  6.  Section 100 of the alcoholic beverage control law is amended by
   32  adding a new subdivision 2-c to read as follows:
   33    2-C. NO PERSON SHALL SELL, DELIVER OR GIVE AWAY OR CAUSE OR PERMIT  OR
   34  PROCURE  TO  BE SOLD, DELIVERED OR GIVEN AWAY ANY ALCOHOLIC BEVERAGES TO
   35  ANY PERSON, ACTUALLY OR APPARENTLY, UNDER THE AGE OF  TWENTY-ONE  YEARS.
   36  AS  A  PRECONDITION TO THE SALE OF ANY ALCOHOLIC BEVERAGE, THE PURCHASER
   37  OF ANY ALCOHOLIC BEVERAGE MUST  PROVIDE  WRITTEN  EVIDENCE  OF  AGE.  NO
   38  LICENSEE,  OR  AGENT OR EMPLOYEE OF A LICENSEE UNDER THIS CHAPTER, SHALL
   39  ACCEPT AS WRITTEN EVIDENCE OF AGE BY ANY SUCH PERSON FOR THE PURCHASE OF
   40  ANY ALCOHOLIC BEVERAGE, ANY DOCUMENTATION OTHER THAN: (A) A VALID  DRIV-
   41  ER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD ISSUED BY THE COMMISSION-
   42  ER OF MOTOR VEHICLES, THE FEDERAL GOVERNMENT, ANY UNITED STATES TERRITO-
   43  RY,  COMMONWEALTH  OR  POSSESSION,  THE  DISTRICT  OF  COLUMBIA, A STATE
   44  GOVERNMENT WITHIN THE UNITED STATES OR A PROVINCIAL  GOVERNMENT  OF  THE
   45  DOMINION  OF CANADA, OR (B) A VALID PASSPORT ISSUED BY THE UNITED STATES
   46  GOVERNMENT OR ANY OTHER COUNTRY, OR (C) AN IDENTIFICATION CARD ISSUED BY
   47  THE ARMED FORCES OF THE UNITED STATES.
   48    S 7. Paragraph (a) of subdivision 14 of section 105 of  the  alcoholic
   49  beverage control law, as amended by section 1 of part U of chapter 63 of
   50  the laws of 2003, is amended to read as follows:
   51    (a)  No  premises licensed to sell liquor and/or wine for off-premises
   52  consumption shall be permitted to remain open:
   53    (i) On Sunday before [twelve  o'clock  post  meridian]  EIGHT  O'CLOCK
   54  ANTEMERIDIAN and after nine o'clock post meridian.
   55    (ii)  On any day between [midnight and] THREE O'CLOCK ANTEMERIDIAN AND
   56  eight o'clock antemeridian.
       S. 3430                             5
    1    [(iii) On the twenty-fifth day of December, known as Christmas day.]
    2    In  any  community  where daylight saving time is in effect, such time
    3  shall be deemed the standard time for the purpose of this subdivision.
    4    S 8. Section 105 of the alcoholic beverage control law is  amended  by
    5  adding a new subdivision 24 to read as follows:
    6    24. COOPERATIVE AGREEMENTS BY LICENSEES TO SELL AT RETAIL FOR CONSUMP-
    7  TION  ON THE PREMISES. ANY TWO OR MORE RETAIL LICENSEES FOR OFF-PREMISES
    8  CONSUMPTION MAY JOIN IN A COOPERATIVE AGREEMENT TO MAKE JOINT  PURCHASES
    9  OF  ALCOHOLIC  BEVERAGES  IN  LARGER  QUANTITIES THAN MIGHT OTHERWISE BE
   10  PURCHASED; PROVIDED, HOWEVER, THAT  ALL  ALCOHOLIC  BEVERAGES  PURCHASED
   11  PURSUANT TO ANY SUCH AGREEMENT SHALL BE DISTRIBUTED TO NONE OTHER THAN A
   12  LICENSEE WHO IS A PARTY TO SUCH AGREEMENT.
   13    S 9. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
   14  control  law, as amended by chapter 458 of the laws of 1993, are amended
   15  to read as follows:
   16    3-a. No licensee or permittee shall purchase or agree to purchase  any
   17  alcoholic  beverages  from  any  person within the state who is not duly
   18  licensed to sell such alcoholic beverage as the case may be, at the time
   19  of such agreement and sale nor give any order for any alcoholic beverage
   20  to any individual who is not the holder of a solicitor's permit,  except
   21  as  provided for in section eighty-five [or], ninety-nine-g, OR SEVENTY-
   22  NINE-E, OR SUBDIVISION TEN OF SECTION SIXTY-THREE of this chapter.
   23    3-b. No retail licensee shall purchase, agree to purchase  or  receive
   24  any  alcoholic  beverage  except  from a person duly licensed within the
   25  state by the liquor authority to sell such  alcoholic  beverage  at  the
   26  time  of  such  agreement  and  sale  to such retail licensee, except as
   27  provided  for   in   section   eighty-five   [or],   ninety-nine-g,   OR
   28  SEVENTY-NINE-E,  OR SUBDIVISION TEN OF SECTION SIXTY-THREE of this chap-
   29  ter.
   30    S 10. Subdivision 2 of section 79 of the  alcoholic  beverage  control
   31  law is amended to read as follows:
   32    2.  [Not more than one license shall be] NOTHING IN THIS SECTION SHALL
   33  BE CONSTRUED TO PROHIBIT MULTIPLE LICENSES FROM  BEING  granted  to  any
   34  person under this section.
   35    S  11.  Subdivision 2 of section 105 of the alcoholic beverage control
   36  law is REPEALED.
   37    S 12. Subdivision 7 of section 105 of the alcoholic  beverage  control
   38  law is REPEALED.
   39    S  13.  The  alcoholic beverage control law is amended by adding a new
   40  section 79-e to read as follows:
   41    S 79-E. GROCERY OR DRUG STORE WINE LICENSE. 1. ANY PERSON MAY APPLY TO
   42  THE AUTHORITY FOR A LICENSE TO SELL FROM THE LICENSED PREMISES  WINE  IN
   43  SEALED CONTAINERS FOR CONSUMPTION OFF SUCH PREMISES.
   44    2.  NO  SUCH  LICENSE  SHALL BE ISSUED, HOWEVER, TO ANY PERSON FOR ANY
   45  PREMISES OTHER THAN A GROCERY STORE, AS DEFINED IN SUBDIVISION  THIRTEEN
   46  OF  SECTION THREE OF THIS CHAPTER, OR A DRUG STORE, AS DEFINED IN SUBDI-
   47  VISION TWELVE OF SECTION THREE OF THIS CHAPTER.
   48    3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, EXCEPT FOR
   49  GOOD CAUSE SHOWN, THE AUTHORITY SHALL ISSUE A GROCERY OR DRUG STORE WINE
   50  LICENSE TO THE HOLDER OF A LICENSE TO SELL BEER AT RETAIL  FOR  CONSUMP-
   51  TION OFF THE PREMISES PURSUANT TO SECTION FIFTY-FOUR OF THIS CHAPTER, OR
   52  BEER AND WINE PRODUCTS AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSU-
   53  ANT  TO  SECTION  FIFTY-FOUR-A  OF  THIS CHAPTER, AT THE REQUEST OF SUCH
   54  LICENSEE, OR TO THE HOLDER OF A WHOLESALER'S LICENSE ISSUED  OR  RENEWED
   55  PRIOR  TO  JULY FIRST, NINETEEN HUNDRED SIXTY, AND THEREAFTER RENEWED OR
       S. 3430                             6
    1  TRANSFERRED, WHICH AUTHORIZES THE HOLDER THEREOF TO SELL BEER AT  RETAIL
    2  TO A PERSON FOR CONSUMPTION IN HIS OR HER HOME.
    3    (B)  FOR THE PURPOSES OF THIS SUBDIVISION, THE PREMISES OF THE GROCERY
    4  OR DRUG STORE WINE LICENSEE SHALL BE THE SAME AS THE  PREMISES  LICENSED
    5  UNDER SECTION FIFTY-FOUR OR FIFTY-FOUR-A OF THIS CHAPTER.
    6    (C)  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY LICENSE
    7  ISSUED PURSUANT TO THIS SECTION SHALL RUN CONCURRENTLY WITH THE UNDERLY-
    8  ING LICENSE UNDER SECTION FIFTY-FOUR OR FIFTY-FOUR-A  OF  THIS  CHAPTER,
    9  AND  SHALL  BE  DEEMED  EXPIRED  AT  SUCH TIME AS THE UNDERLYING LICENSE
   10  EXPIRES.
   11    (D) WINE TASTING. ANY PERSON LICENSED TO SELL WINE  PURSUANT  TO  THIS
   12  ARTICLE SHALL BE PERMITTED TO CONDUCT WINE TASTINGS. WINE TASTINGS WHICH
   13  ARE  CONDUCTED UNDER THE AUSPICES OF AN OFFICIAL AGENT OF A FARM WINERY,
   14  WINERY, WHOLESALER, OR IMPORTER AND WHERE SUCH AGENT IS PHYSICALLY PRES-
   15  ENT AT ALL TIMES DURING THE CONDUCT OF THE TASTING, THEN, IN THAT EVENT,
   16  ANY LIABILITY STEMMING FROM A RIGHT OF  ACTION  RESULTING  FROM  A  WINE
   17  TASTING  AS  AUTHORIZED PURSUANT TO THIS SECTION, AND IN ACCORDANCE WITH
   18  THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL  OBLIGATIONS
   19  LAW, SHALL ACCRUE TO THE FARM WINERY, WINERY, WHOLESALER, OR IMPORTER.
   20    4.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY
   21  MAY ISSUE A LICENSE UNDER THIS SECTION TO THE HOLDER  OF  A  LICENSE  TO
   22  SELL WINE AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSUANT TO SECTION
   23  SEVENTY-NINE  OF THIS ARTICLE, PROVIDED THAT: (A) THE LICENSEE MEETS THE
   24  REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION; AND (B)  UPON  ISSUANCE
   25  OF  A  LICENSE,  THE  LICENSEE UNDER THIS SECTION SURRENDERS THE LICENSE
   26  CERTIFICATE ISSUED PURSUANT TO SUCH SECTION SEVENTY-NINE.
   27    5. SUCH APPLICATION SHALL BE IN  SUCH  FORM  AND  SHALL  CONTAIN  SUCH
   28  INFORMATION AS SHALL BE REQUIRED BY THE RULES OF THE AUTHORITY AND SHALL
   29  BE  ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY THIS ARTI-
   30  CLE FOR SUCH LICENSE.
   31    6. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS  CHAPTER,  ANY  PERSON
   32  RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE
   33  PROVISIONS  OF SUBDIVISION TWO, THREE OR FOUR OF SECTION SEVENTY-NINE OF
   34  THIS ARTICLE.
   35    7. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS  CHAPTER,  ANY  PERSON
   36  RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE
   37  PROVISIONS  OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION ONE HUNDRED
   38  FIVE OF THIS CHAPTER.
   39    8. (A) A ONE-TIME FRANCHISE FEE SHALL  BE  PAID  FOR  BY  EACH  RETAIL
   40  OUTLET  TO  THE  STATE  LIQUOR  AUTHORITY.  THIS FRANCHISE FEE IS HEREBY
   41  IMPOSED AT A RATE OF 0.46 OF ONE PERCENT OF THE TOTAL GROSS SALES AT THE
   42  INDIVIDUAL LICENSED PREMISES OF THE LICENSEE IN THE PREVIOUS YEAR.
   43    (B) IN THE EVENT AN APPLICANT HAS  BEEN  IN  BUSINESS  FOR  LESS  THAN
   44  TWELVE  MONTHS  PRIOR TO THE FILING OF THE APPLICATION FOR THIS LICENSE,
   45  SUCH APPLICANT SHALL, IN ACCORDANCE WITH THE  RULES  OF  THE  AUTHORITY,
   46  REMIT  AN  ESTIMATE  OF  ITS  FRANCHISE FEE BASED ON SQUARE FOOTAGE AT A
   47  LICENSEE'S LOCATION PURSUANT TO THE FOLLOWING SCHEDULE:
   48  SQUARE FOOTAGE AT             FRANCHISE FEE
   49  LICENSEE'S LOCATION           PER LOCATION
   50          0-999                 $825
   51    1,000-1,999                 $1,650
   52    2,000-3,999                 $3,300
   53    4,000-9,999                 $8,250
   54  10,000-19,999                 $16,500
   55  20,000-24,999                 $33,000
   56  25,000-29,999                 $82,500
       S. 3430                             7
    1  30,000-39,999                 $132,000
    2  40,000 AND GREATER            $495,000
    3    WITHIN  SIXTY DAYS AFTER SUCH LICENSEE SHALL HAVE BEEN IN BUSINESS FOR
    4  TWELVE MONTHS, SUCH LICENSEE SHALL SUBMIT TO THE AUTHORITY,  IN  ACCORD-
    5  ANCE  WITH  THE  RULES  OF THE AUTHORITY, A STATEMENT SHOWING ITS ACTUAL
    6  TOTAL GROSS SALES FOR THE FIRST TWELVE MONTHS OF OPERATION AND THE FRAN-
    7  CHISE FEE DUE PURSUANT TO PARAGRAPH (A)  OF  THIS  SUBDIVISION.  IN  THE
    8  EVENT  THE  FRANCHISE  FEE DETERMINED PURSUANT TO SUCH PARAGRAPH EXCEEDS
    9  THE AMOUNT PAID PURSUANT TO THIS PARAGRAPH,  THE  LICENSEE  SHALL  REMIT
   10  PAYMENT  FOR  THE  BALANCE  OF  THE  REQUIRED  FRANCHISE FEE WITHIN SUCH
   11  SIXTY-DAY PERIOD. FAILURE TO REMIT PAYMENT WITHIN SUCH SIXTY-DAY  PERIOD
   12  SHALL  BE GROUNDS FOR CANCELLATION OR REVOCATION OF SUCH LICENSE. IN THE
   13  EVENT THAT THE FRANCHISE FEE DUE  PURSUANT  TO  PARAGRAPH  (A)  OF  THIS
   14  SUBDIVISION IS LESS THAN THE AMOUNT PAID PURSUANT TO THIS PARAGRAPH, THE
   15  LICENSEE  SHALL  BE ENTITLED TO A REFUND EQUAL TO THE DIFFERENCE BETWEEN
   16  THE FRANCHISE FEE PAID PURSUANT TO THIS PARAGRAPH  AND  THE  AMOUNT  DUE
   17  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   18    (C)  NO  LICENSE  SHALL  BE  ISSUED PURSUANT TO THIS SECTION UNTIL THE
   19  FRANCHISE FEE OR ESTIMATED FRANCHISE FEE UNDER THIS SUBDIVISION REQUIRED
   20  BY EITHER PARAGRAPH (A) OR (B) OF THIS  SUBDIVISION  HAS  BEEN  PAID  IN
   21  FULL.
   22    (D)  THE  FRANCHISE FEE SHALL BE DEPOSITED AND DISPOSED OF IN THE SAME
   23  MANNER AS ANY LICENSE FEE AS PROVIDED IN SECTION ONE HUNDRED TWENTY-FIVE
   24  OF THIS CHAPTER.
   25    9. (A) ANY PERSON LICENSED  TO SELL WINE PURSUANT TO THIS ARTICLE THAT
   26  OPERATES THE PREMISES OF THE GROCERY OR DRUG STORE  WINE  LICENSEE  THAT
   27  OCCUPIES  LESS  THAN  ONE  THOUSAND  SQUARE  FEET MAY PURCHASE, AGREE TO
   28  PURCHASE OR RECEIVE ANY ALCOHOLIC BEVERAGE FROM A PERSON LICENSED  UNDER
   29  SECTION  SIXTY-THREE  OF  THIS  CHAPTER  TO  SELL  LIQUOR  AT RETAIL FOR
   30  CONSUMPTION OFF THE PREMISES.
   31    (B) ANY PERSON LICENSED TO SELL WINE AT RETAIL FOR CONSUMPTION OFF THE
   32  PREMISES UNDER SECTION SEVENTY-NINE OF THIS  ARTICLE  IS  AUTHORIZED  TO
   33  SELL  WINE  TO PERSONS LICENSED TO SELL WINE UNDER THIS ARTICLE AND THIS
   34  SECTION WHO OPERATE THE PREMISES OF  THE  GROCERY  OR  DRUG  STORE  WINE
   35  LICENSEE THAT OCCUPIES LESS THAN ONE THOUSAND SQUARE FEET.
   36    10.  THE STATE LIQUOR AUTHORITY MAY MAKE SUCH RULES AS IT DEEMS NECES-
   37  SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION,  HOWEVER,  SUCH  RULES
   38  SHALL  NOT BE CONSTRUED TO PLACE ADDITIONAL LIMITATIONS UPON THE HOLDERS
   39  OF LICENSES ISSUED PURSUANT TO  SECTION  SEVENTY-NINE  OF  THIS  ARTICLE
   40  UNRELATED TO THE SALE OF WINE.
   41    S  14. Subdivision 10 of section 105 of the alcoholic beverage control
   42  law, paragraph (a) as amended by chapter 679 of the  laws  of  1950,  is
   43  amended to read as follows:
   44    10.  [(a)] Each retail licensee of liquor and/or wine for off-premises
   45  consumption shall have conspicuously displayed within  the  interior  of
   46  the  licensed  premises where sales are made and where it can be readily
   47  inspected by consumers a printed price list of the liquors and/or  wines
   48  offered for sale therein; and no liquor and/or wine shall be sold except
   49  at the price set forth in such list[;
   50    (b)  No  screen,  blind, curtain, partition, article or thing shall be
   51  permitted in the windows or upon the doors of  such  licensed  premises,
   52  which  shall  prevent  a  clear  view into the interior of such licensed
   53  premises from the sidewalk, at all times; and
   54    (c) No booth, screen, partition or other obstruction shall be  permit-
   55  ted in the interior of said licensed premises].
       S. 3430                             8
    1    S  15.  The  alcoholic beverage control law is amended by adding a new
    2  section 97-b to read as follows:
    3    S  97-B.  TEMPORARY RETAIL PERMIT FOR NEW APPLICANTS. 1. THE AUTHORITY
    4  IS HEREBY AUTHORIZED TO ISSUE A TEMPORARY RETAIL PERMIT TO AN  APPLICANT
    5  OF A PREMISES THAT IS NOT LICENSED WHEN THE APPLICANT HAS FILED WITH THE
    6  AUTHORITY  AN  APPLICATION  FOR A RETAIL LICENSE AT SUCH PREMISES OR HAS
    7  FILED RENEWAL OF SUCH LICENSE. SUCH APPLICATION SHALL BE IN WRITING  AND
    8  VERIFIED  AND  SHALL CONTAIN INFORMATION AS THE AUTHORITY SHALL REQUIRE.
    9  SUCH APPLICATION SHALL BE ACCOMPANIED BY A FILING  FEE  OF  SEVENTY-FIVE
   10  DOLLARS.
   11    2.  UPON  APPLICATION,  THE  AUTHORITY  SHALL ISSUE A TEMPORARY RETAIL
   12  PERMIT WHEN THE APPLICANT HAS FILED WITH THE  AUTHORITY  AN  APPLICATION
   13  FOR  A  RETAIL  LICENSE  AT SUCH PREMISES OR A RENEWAL THEREOF, TOGETHER
   14  WITH ALL REQUIRED FILING AND LICENSE FEES. A TEMPORARY PERMIT ISSUED  BY
   15  THE  AUTHORITY  PURSUANT  TO  THIS  SECTION SHALL BE FOR A PERIOD NOT TO
   16  EXCEED NINETY DAYS. A TEMPORARY PERMIT MAY BE EXTENDED AT THE DISCRETION
   17  OF THE AUTHORITY, FOR AN ADDITIONAL THIRTY DAYS.
   18    3. PURSUANT TO THIS SECTION A  TEMPORARY  RETAIL  PERMIT  MAY  NOT  BE
   19  ISSUED FOR ANY PREMISES THAT IS IN VIOLATION OF THE PROVISIONS OF SUBDI-
   20  VISION  SEVEN OF SECTION SIXTY-FOUR, SUBDIVISION SEVEN OF SECTION SIXTY-
   21  FOUR-A, SUBDIVISION FIVE OF SECTION SIXTY-FOUR-B, SUBDIVISION ELEVEN  OF
   22  SECTION  SIXTY-FOUR-C,  SUBDIVISION  EIGHT  OF  SECTION  SIXTY-FOUR-D OR
   23  SUBDIVISION THREE OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
   24    4. A TEMPORARY RETAIL PERMIT IS A CONDITIONAL PERMIT AND SHALL AUTHOR-
   25  IZE THE HOLDER THEREOF TO, IN THE CASE OF ALL OTHER RETAIL APPLICATIONS,
   26  PURCHASE AND SELL SUCH ALCOHOLIC BEVERAGES AS WOULD BE PERMITTED  TO  BE
   27  PURCHASED  AND  SOLD UNDER THE PRIVILEGES OF THE LICENSE APPLIED FOR; TO
   28  SELL ALCOHOLIC BEVERAGES TO CONSUMERS ONLY AND NOT FOR  RESALE;  AND  TO
   29  PURCHASE  ALCOHOLIC  BEVERAGES  ONLY BY PAYMENT IN CURRENCY OR CHECK FOR
   30  SUCH ALCOHOLIC BEVERAGES ON OR BEFORE THEY ARE DELIVERED TO  SUCH  PREM-
   31  ISES.
   32    5.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A TEMPORARY PERMIT MAY
   33  BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE AUTHORITY  DETER-
   34  MINES  THAT  GOOD  CAUSE FOR SUCH CANCELLATION OR SUSPENSION EXISTS. THE
   35  AUTHORITY SHALL PROMPTLY NOTIFY THE HOLDER  OF  A  TEMPORARY  PERMIT  IN
   36  WRITING  OF  SUCH  CANCELLATION  OR  SUSPENSION  AND SHALL SET FORTH THE
   37  REASONS FOR SUCH ACTION.
   38    6. APPROVAL OF, OR EXTENSION OF, A TEMPORARY RETAIL LICENSE SHALL  NOT
   39  BE DEEMED AS AN APPROVAL OF THE RETAIL APPLICATION.
   40    7.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
   41  THE AUTHORITY MAY PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECES-
   42  SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   43    S 16. Paragraph (b) of subdivision 3 of section 101-b of the alcoholic
   44  beverage control law, as amended by section 1 of part E of chapter 56 of
   45  the laws of 2006, is amended to read as follows:
   46    (b) No brand of liquor or wine shall be sold  to  or  purchased  by  a
   47  retailer  unless a schedule, as provided by this section, is transmitted
   48  to and received by the liquor authority, and is  then  in  effect.  Such
   49  schedule  shall  be  transmitted  to the authority in such form, manner,
   50  medium and format as the authority may  direct;  shall  be  deemed  duly
   51  verified by the person submitting such schedule upon its transmission to
   52  the  authority;  and shall contain, with respect to each item, the exact
   53  brand or trade name, capacity of package, nature of  contents,  age  and
   54  proof where stated on the label, the number of bottles contained in each
   55  case,  the  bottle  and case price to retailers, the net bottle and case
   56  price paid by the seller, which prices, in each instance, shall be indi-
       S. 3430                             9
    1  vidual for each item and not in "combination" with any other  item,  the
    2  discounts  for  quantity, if any, and the discounts for time of payment,
    3  if any. FOR PURPOSES OF THIS PARAGRAPH, IN REGARDS TO PREMISES  LICENSED
    4  UNDER  SECTION  SIXTY-THREE  OF  THIS  CHAPTER,  "COMBINATION" SHALL NOT
    5  INCLUDE WINES PROVIDED BY THE SAME VINEYARD OR DISTRIBUTOR TO A RETAILER
    6  AND WHERE SUCH WINES MAY BE DIFFERENT. Such  brand  of  liquor  or  wine
    7  shall not be sold to retailers except at the price and discounts then in
    8  effect  unless  prior written permission of the authority is granted for
    9  good cause shown and for reasons not inconsistent with  the  purpose  of
   10  this  chapter.  Such  schedule shall be transmitted by each manufacturer
   11  selling such brand to retailers and  by  each  wholesaler  selling  such
   12  brand to retailers.
   13    S  17.  This  act  shall  take effect on the one hundred eightieth day
   14  after it shall have become a law.