Permits the sale of food items complementary to wine by retailers licensed to sell liquor at retail for consumption off premises, such food items to be sold only at the same time as one or more bottles of wine.
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to sale of products complementary to wine and wine products
PURPOSE: To permit the sale of food items complementary to wine by retailers licensed to sell liquor at retail for consumption off premises.
SUMMARY OF PROVISIONS: Amends section 1. Subdivision 4 of section 63 of the alcoholic beverage law to allow the sale of products complementary to wine including chocolates, bakery products, perishable cheeses and fruits. These products shall not be sold except when such aggregate sale includes one or more bottles of wine.
JUSTIFICATION: The sale of wine products has become a larger part of New York State tourism in recent years. Expansion of wine trails and direct interstate shipment has made operating a wine store a more attractive business venture. Allowing these stores to sell certain food products in addition to wine products would enhance profitability and assist the promotion of local wine products.
BILL HISTORY: S.7167/A.10299; Referred to Senate Commerce, Economic Development, and Small Business Committee. S.1460 of 2007/2008; Referred to Senate Commerce, Economic Development, and Small Business Committee. S.630 of 2009/2010; Referred to Senate Commerce, Economic Development, and Small Business Committee.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 171 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. MAZIARZ -- 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 sale of products complementary to wine and wine products THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 63 of the alcoholic beverage control law, as amended by chapter 603 of the laws of 1992, is amended to read as follows: 4. No licensee under this section shall be engaged in any other busi- ness on the licensed premises. The sale of lottery tickets, when duly authorized and lawfully conducted, the sale of corkscrews or the sale of ice or the sale of publications, including prerecorded video and/or audio cassette tapes, designed to help educate consumers in their know- ledge and appreciation of wine and wine products, as defined in section three of this chapter, or the sale of non-carbonated, non-flavored mineral waters, spring waters and drinking waters or the sale of glasses designed for the consumption of wine, racks designed for the storage of wine,
[and]devices designed to minimize oxidation in bottles of wine which have been uncorked, AND PRODUCTS COMPLEMENTARY TO WINE INCLUDING CHOCOLATES, BAKERY PRODUCTS, PERISHABLE CHEESES AND FRUITS shall not constitute engaging in another business within the meaning of this subdivision. CHOCOLATES, BAKERY PRODUCTS, PERISHABLE CHEESES AND FRUITS COMPLEMENTARY TO WINE SHALL NOT BE SOLD EXCEPT WHEN SUCH AGGREGATE SALE INCLUDES ONE OR MORE BOTTLES OF WINE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01373-01-1