Relates to the sale of tonic water, bitters and maraschino cherries at liquor stores.
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.
STATE OF NEW YORK ________________________________________________________________________ 204 2013-2014 Regular Sessions IN 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; ANDEXPLANATION--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.