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.

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S171-2011 Actions

• Jan 4, 2012: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• Jan 5, 2011: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S171-2011 Memo

BILL NUMBER:S171

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.

S171-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     171

                         2011-2012 Regular Sessions

                              I N  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