S204-2013 Actions

• Jan 9, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S204-2013 Memo

BILL NUMBER:S204

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the sale of
tonic water, bitters and maraschino cherries
at liquor stores

PURPOSE:
This bill would allow liquor stores to carry and sell tonic water,
bitters and maraschino cherries, and it would allow liquor
wholesalers to carry these products on their trucks.

SUMMARY OF PROVISIONS:
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 include tonic water, bitters and maraschino cherries among
the products, which shall not constitute the sale of engaging in
another business within the meaning of the subdivision.

Section 2- Paragraph (a) of subdivision 1 of section 104 of the
alcoholic beverage control law, as amended by chapter 223 of the laws
of 2002, is amended to specify that liquor wholesalers are not
prohibited from transporting or selling tonic water, bitters and
maraschino cherries.

Section 3- Effective date.

JUSTIFICATION:
Today tonic water, bitters and ma:raschino cherries are primarily used
in connection with alcoholic drinks. Unlike in many other states,
however, they cannot legally be sold in liquor stores in New York
State. A survey conducted by the Assembly sponsor's staff found that
forty-one of the fifty states in the United States allow liquor
stores to sell tonic water. Permitting the sale of tonic water,
bitters and maraschino cherries is a simple, consumer friendly change
that is long overdue.

LEGISLATIVE HISTORY:
2010: S4044A/A.7188-A
2012: Referred to Commerce, Economic Development and Small Business

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S204-2013 Text

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

                                     204

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by Sen. SQUADRON -- 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 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:


    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 ANY OF  THE  FOLLOWING  SHALL
  NOT  CONSTITUTE  ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF THIS
  SUBDIVISION:

    (A) lottery tickets, when duly authorized and lawfully conducted[, the
  sale of];
    (B) corkscrews [or the sale of];
    (C) ice [or the sale of];
    (D) publications, including prerecorded video  and/or  audio  cassette
  tapes,  designed to help educate consumers in their knowledge and appre-
  ciation of wine and wine products, as defined in section three  of  this
  chapter[, or the sale of];
    (E)  non-carbonated,  non-flavored  mineral  waters, spring waters and
  drinking waters [or the sale of];
    (F) 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[, shall not constitute engaging
  in another business within the meaning of this subdivision];
    (G) TONIC WATER;
    (H) BITTERS; AND

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00154-01-3

 S. 204                              2

    (I) MARASCHINO CHERRIES.
    S  2.  Paragraph  (a) of subdivision 1 of section 104 of the alcoholic
  beverage control law, as amended by chapter 223 of the laws of 2002,  is
  amended to read as follows:

    (a)  No wholesaler shall be engaged in any other business on the prem-
  ises to be licensed; except that nothing contained in this chapter shall
  (1) prohibit a beer wholesaler from (i) acquiring,  storing  or  selling
  non-alcoholic  snack foods, as defined in paragraph (b) of this subdivi-
  sion, (ii) manufacturing, bottling, storing,  or  selling  non-alcoholic
  carbonated  beverages, (iii) manufacturing, storing or selling non-alco-
  holic non-carbonated soft drinks, mineral waters, spring waters,  drink-
  ing  water, non-taxable malt or cereal beverages, juice drinks, fruit or
  vegetable juices, ice, liquid beverage mixes and dry or frozen  beverage
  mixes, (iv) acquiring, storing or selling wine products, (v) the sale of
  promotional items on such premises, or (vi) the sale of tobacco products
  at  retail  by  wholesalers  who  are  licensed  to  sell beer and other
  products at retail, (2) prohibit a wholesaler authorized  to  sell  wine
  from manufacturing, acquiring or selling wine merchandise, as defined in
  paragraph  (d)  of this subdivision, [or] (3) prohibit a licensed winery
  or licensed farm winery from engaging in the business of a  wine  whole-
  saler  for  New York state labeled wines produced by any licensed winery
  or licensed farm winery or prohibit such wine wholesaler from exercising
  any of its rights pursuant to sections seventy-six and seventy-six-a  of
  this  chapter  provided  that the operation of such beer and wine whole-
  salers business shall be subject to such rules and  regulations  as  the
  liquor authority may prescribe, OR (4) PROHIBIT A LIQUOR WHOLESALER FROM
  TRANSPORTING OR SELLING TONIC WATER, BITTERS AND MARASCHINO CHERRIES.
    S 3. This act shall take effect immediately.