Bill S4125-2013

Establishes the wine industry and liquor store development act; repealers

Establishes the wine industry and liquor store development act; authorizes grocery or drug store wine licenses and temporary retail permits.

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  • Jan 8, 2014: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • Mar 11, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Memo

BILL NUMBER:S4125

TITLE OF BILL: An act to amend the alcoholic beverage control law and the state finance law, in relation to establishing the wine industry and liquor store development act; and to repeal certain provisions of the alcoholic beverage control law relating thereto

PURPOSE OF BILL: This bill expands authorizations under the alcoholic beverage control law to provide opportunities for vendors to expand their business

SUMMARY OF PROVISIONS:

Section one of the bill provides that this act shall be known as the "wine industry and liquor store development act".

Section two of the bill provides for, in the annual report from the authority to the Legislature and the Governor, information related to the length of time required for licensure and renewals applied to pursuant to subdivision two-c of section sixty-one of this chapter and sections sixty-four, seventy-six, seventy-six-a, seventy-six-c, seventy-six-d and seventy-six-f of this chapter.

Section three of the bill provides the expanded opportunity for liquor stores to sell items complimentary to their business, allows such stores to install ATM machines on the premises, provides for multiple licenses and authorizes liquor stores occupying less than 3,000 square feet to sell to retail establishments licensed for consumption on the premises.

Section four of the bill authorizes liquor stores occupying less than 3,000 square feet to sell to retail establishments licensed for consumption off the premises.

Section five of the bill provides for licensure of grocery stores and drug stores to sell wine for consumption off the premises, provides further opportunities for wine tastings, institutes a franchise fee and annual fee structure for such licensure and provides that any person licensed to sell wine may purchase any wine from a person licensed under this section or sections sixty-three or seventy-nine of this chapter.

Section six of the bill provides for an annual fee for the licensure of grocery or drug stores to sell wine and provides for the appropriation and allocation of funds for the New York wine marketing program and farmland protection programs.

Section seven of the bill amends the state finance law by adding a new section 97-1111, which provides for the New York wine industry marketing and Promotion account.

Section eight of the bill provides that any person under eighteen years of age may handle and deliver the wine and that any person under eighteen years of age may record and receive payment for wine under the supervision of a person who is eighteen years of age or older.

Section nine of the bill provides that proof of age must be provided at every sale for alcoholic beverages and provides the valid proof.

Section ten of the bill provides for a "credit period" to mean a period beginning on the date alcoholic beverages axe delivered and ending sixty days thereafter for those licensed under section sixty-three of this chapter.

Section eleven of the bill amends the circumstances in which a retailer can be placed on the statewide default list. section twelve of the bill provides for the sale of mixed cases of wine for resale.

Section thirteen, fourteen and fifteen of the bill remove advertising restrictions within the licensed premises.

Section sixteen of the bill provides for expanded hours for the operation of a liquor store and expands the retailer's (liquor store) ability to conduct business other than selling wine or liquor.

Section seventeen of the bill provides for cooperative agreements so that smaller liquor stores may agree to jointly purchase larger, more cost effective, quantities than would be possible without cooperative agreements.

Section eighteen of this bill provides that the effective date shall be immediately except for the licensure of grocery and drug stores which shall take effect 180 days after its enactment.

JUSTIFICATION: The Wine Industry and Liquor Store Development Act is a comprehensive piece of legislation that provides economic stimulus to industries that are at the core of the New York economy. The bill provides fairness and opportunity for a New York wine and grape industry; furthermore, it allows the small mom and pop liquor and wine stores to compete and thrive in a new economy. The New York wine and grape industry, once the second highest producer of wine in the country, has fallen from its prominence and will continue to do so without increased opportunities. The New York wine and grape industry stretches across the entire state and provides opportunity in several sectors of the economy, including; agriculture, manufacturing and tourism. The diverse economic and geographic reach of the industry primes the New York wine and grape industry to generate economic benefit when provided with opportunity for expansion. In addition, this bill provides significant opportunity for liquor stores by repealing antiquated statues that presently prevent them from expanding their businesses. For many small businesses across the State, opportunities to expand and policies that provide fairness are essential. This legislation revives the New York wine and grape industry and will allow it to flourish.

PRIOR LEGISLATIVE HISTORY: 2011-2012 S.5358

FISCAL IMPLICATIONS: Enactment of this bill would provide approximately $430 million in 2013-2014 through various franchise fees, excise taxes, sales taxes and license fees and $62-70 million each year thereafter.

EFFECTIVE DATE: This act shall take effect immediately except for grocery and drug stores which shall take effect on the one hundred eightieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4125 2013-2014 Regular Sessions IN SENATE March 11, 2013 ___________
Introduced by Sen. O'MARA -- 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 and the state finance law, in relation to establishing the wine industry and liquor store development act; and to repeal certain provisions of the alcoholic beverage control law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "wine industry and liquor store development act". S 2. Subdivision 8-b of section 17 of the alcoholic beverage control law, as added by chapter 396 of the laws of 2010, is amended to read as follows: 8-b. On and after January first, two thousand eleven, the report provided for in subdivision eight of this section shall include informa- tion related to the number of licenses applied for, RENEWALS SOUGHT and the length of time required for the approval or denial of such retail [license] LICENSES AND RENEWALS applied for pursuant to subdivision two-c of section sixty-one, section sixty-four, section seventy-six, section seventy-six-a, section seventy-six-c, section seventy-six-d, and section seventy-six-f of this chapter. S 3. Subdivisions 4 and 5 of section 63 of the alcoholic beverage control law, subdivision 4 as amended by chapter 603 of the laws of 1992, are amended and two new subdivisions 7 and 8 are added to read as follows: 4. (A) No licensee under this section shall be engaged in any other business on the licensed premises. The SALE OF PRODUCTS COMPLEMENTARY TO THE BUSINESS OF THE LICENSED PREMISES SHALL NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF THIS SUBDIVISION. SUCH PRODUCTS SHALL INCLUDE BUT NOT BE LIMITED TO 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 knowledge and appreciation of wine and wine products, as defined in section three of this chapter, or the sale of [non-carbonated, non-fla- vored mineral waters, spring waters and drinking waters or the sale of glasses designed for the consumption of wine] BOTTLED WATER, MIXERS, JUICE AND SODA, OR THE SALE OF CIGARS, CIGAR ACCESSORIES INCLUDING BUT NOT LIMITED TO HUMIDORS, LIGHTERS AND CUTTERS, CIGAR RELATED PUBLICA- TIONS DESIGNED TO HELP EDUCATE CONSUMERS IN THEIR KNOWLEDGE AND APPRECI- ATION OF CIGAR PRODUCTS, NEWSPAPERS OR FOOD ITEMS INCLUDING BUT NOT LIMITED TO LOCALLY GROWN FARM PRODUCTS AND ANY FOOD NOT SPECIFICALLY PREPARED FOR IMMEDIATE ON PREMISES CONSUMPTION AND FOOD PRODUCTS TYPI- CALLY CONSUMED WITH ALCOHOLIC BEVERAGES, INCLUDING BUT NOT LIMITED TO SNACK FOODS AND GOURMET FOODS, GIFTS, GIFT BAGS AND GIFT BASKETS, GLASS- WARE AND DECANTERS RELATED TO THE CONSUMPTION OR STORAGE OF WINE AND/OR LIQUOR, WINE REFRIGERATORS AND COOLERS, WINE MAKING PUBLICATIONS AND SUPPLIES, 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]. (B) THE INSTALLATION AND OPERATION OF AUTOMATED TELLER MACHINES SHALL NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF THIS SUBDIVISION. FOR PURPOSES OF THIS SUBDIVISION, "AUTOMATED TELLER MACHINE" MEANS A DEVICE WHICH IS LINKED TO THE ACCOUNTS AND RECORDS OF A BANKING INSTITUTION AND WHICH ENABLES CONSUMERS TO CARRY OUT BANKING TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, ACCOUNT TRANSFERS, DEPOS- ITS, CASH WITHDRAWALS, BALANCE INQUIRIES, AND LOAN PAYMENTS. 5. [Not more than one license shall be] NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT MULTIPLE LICENSES FROM BEING granted to any person under this section EXCEPT GROCERY AND DRUG STORES LICENSED PURSU- ANT TO SECTION SEVENTY-NINE-E OF THIS CHAPTER. 7. ANY LICENSE UNDER THIS SECTION GRANTED FOR LICENSED PREMISES OCCU- PYING LESS THAN THREE THOUSAND SQUARE FEET, INCLUDES THE PRIVILEGES TO SELL UP TO FIFTEEN BOTTLES OF LIQUOR AND/OR WINE IN ANY THIRTY DAY PERI- OD TO ANY PERSON LICENSED UNDER THIS CHAPTER TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES AND WINE TO ANY PERSON LICENSED UNDER THIS CHAPTER TO SELL WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES. SUCH SALES SHALL NOT BE SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED ONE-AA OR ONE HUNDRED ONE-B OF THIS CHAPTER. 8. EVERY LICENSEE UNDER THIS SECTION SHALL HAVE AN INDIVIDUAL IN A POSITION OF MANAGEMENT AND CONTROL ASSIGNED TO IT WHO HAS BEEN ISSUED A CERTIFICATE OF COMPLETION FROM AN APPROVED ALCOHOL TRAINING AWARENESS PROGRAM. S 4. Subdivision 2 of section 79 of the alcoholic beverage control law is amended and two new subdivisions 5 and 6 are added to read as follows: 2. [Not more than one license shall be] NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT MULTIPLE LICENSES FROM BEING granted to any person under this section EXCEPT GROCERY AND DRUG STORES LICENSED PURSU- ANT TO SECTION SEVENTY-NINE-E OF THIS ARTICLE. 5. ANY LICENSE UNDER THIS SECTION GRANTED FOR LICENSED PREMISES OCCU- PYING LESS THAN THREE THOUSAND SQUARE FEET INCLUDES THE PRIVILEGES TO SELL UP TO FIFTEEN BOTTLES OF LIQUOR AND/OR WINE IN ANY THIRTY DAY PERI- OD TO ANY PERSON LICENSED UNDER THIS CHAPTER TO SELL WINE AT RETAIL FOR CONSUMPTION OFF THE PREMISES OR ANY PERSON HOLDING A SINGLE LICENSE
GRANTED PURSUANT TO SECTION SEVENTY-NINE-E OF THIS ARTICLE. SUCH SALES SHALL NOT BE SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED ONE-AA OR ONE HUNDRED ONE-B OF THIS CHAPTER. 6. EVERY LICENSEE UNDER THIS SECTION SHALL HAVE AN INDIVIDUAL IN A POSITION OF MANAGEMENT AND CONTROL ASSIGNED TO IT WHO HAS BEEN ISSUED A CERTIFICATE OF COMPLETION FROM AN APPROVED ALCOHOL TRAINING AWARENESS PROGRAM. S 5. The alcoholic beverage control law is amended by adding a new section 79-e to read as follows: S 79-E. GROCERY OR DRUG STORE WINE LICENSE. 1. ANY PERSON MAY APPLY TO THE AUTHORITY FOR A LICENSE TO SELL FROM THE LICENSED PREMISES WINE IN SEALED CONTAINERS FOR CONSUMPTION OFF SUCH PREMISES; PROVIDED, HOWEVER THAT NO PERSON LICENSED PURSUANT TO THIS SECTION MAY APPLY FOR A WARE- HOUSE PERMIT PURSUANT TO SECTION NINETY-SIX OF THIS CHAPTER. 2. NO SUCH LICENSE SHALL BE ISSUED, HOWEVER, TO ANY PERSON FOR ANY PREMISES OTHER THAN A GROCERY STORE, AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION THREE OF THIS CHAPTER, OR A DRUG STORE, AS DEFINED IN SUBDI- VISION TWELVE OF SECTION THREE OF THIS CHAPTER. 3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, EXCEPT FOR GOOD CAUSE SHOWN, THE AUTHORITY SHALL ISSUE A GROCERY OR DRUG STORE WINE LICENSE TO THE HOLDER OF A LICENSE TO SELL BEER AT RETAIL FOR CONSUMP- TION OFF THE PREMISES PURSUANT TO SECTION FIFTY-FOUR OF THIS CHAPTER, OR BEER AND WINE PRODUCTS AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSU- ANT TO SECTION FIFTY-FOUR-A OF THIS CHAPTER, AT THE REQUEST OF SUCH LICENSEE. (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE PREMISES OF THE GROCERY OR DRUG STORE WINE LICENSEE SHALL BE THE SAME AS THE PREMISES LICENSED UNDER SECTION FIFTY-FOUR OR FIFTY-FOUR-A OF THIS CHAPTER. (C) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY LICENSE ISSUED PURSUANT TO THIS SECTION SHALL RUN CONCURRENTLY WITH THE UNDERLY- ING LICENSE UNDER SECTION FIFTY-FOUR OR FIFTY-FOUR-A OF THIS CHAPTER, AND SHALL BE DEEMED EXPIRED AT SUCH TIME AS THE UNDERLYING LICENSE EXPIRES. (D) ANY PERSON LICENSED TO SELL WINE PURSUANT TO THIS ARTICLE SHALL BE PERMITTED TO CONDUCT WINE TASTINGS. WINE TASTINGS WHICH ARE CONDUCTED UNDER THE AUSPICES OF AN OFFICIAL AGENT OF A FARM WINERY, WINERY, WHOLE- SALER, OR IMPORTER AND WHERE SUCH AGENT IS PHYSICALLY PRESENT AT ALL TIMES DURING THE CONDUCT OF THE TASTING, THEN, IN THAT EVENT, ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM A WINE TASTING AS AUTHORIZED PURSUANT TO THIS SECTION, AND IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE FARM WINERY, WINERY, WHOLESALER, OR IMPORTER. 4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY MAY ISSUE A LICENSE UNDER THIS SECTION TO THE HOLDER OF A LICENSE TO SELL WINE AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSUANT TO SECTION SEVENTY-NINE OF THIS ARTICLE, PROVIDED THAT: (A) THE LICENSEE MEETS THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION; AND (B) UPON ISSUANCE OF A LICENSE, THE LICENSEE UNDER THIS SECTION SURRENDERS THE LICENSE CERTIFICATE ISSUED PURSUANT TO SUCH SECTION SEVENTY-NINE. 5. SUCH APPLICATION SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH INFORMATION AS SHALL BE REQUIRED BY THE RULES OF THE AUTHORITY AND SHALL BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY THIS ARTI- CLE FOR SUCH LICENSE. 6. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY PERSON RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE
PROVISIONS OF SUBDIVISION TWO, THREE OR FOUR OF SECTION SEVENTY-NINE OF THIS ARTICLE. 7. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY PERSON RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER. 8. (A) A ONE-TIME FRANCHISE FEE SHALL BE PAID BY EACH RETAIL OUTLET TO THE STATE LIQUOR AUTHORITY. THIS FRANCHISE FEE IS HEREBY IMPOSED PURSU- ANT TO THE FOLLOWING SCHEDULE PER LOCATION BASED UPON GROSS SALES IN THE PREVIOUS YEAR: ANNUAL SALES FRANCHISE FEE PER LOCATION $0-$249,999 $1,000 $250,000-$499,999 0.39 OF ONE PERCENT OF TOTAL GROSS SALES $500,000-$999,999 0.39 OF ONE PERCENT OF TOTAL GROSS SALES $1,000,000-$2,499,000 0.49 OF ONE PERCENT OF TOTAL GROSS SALES $2,500,000-$4,999,999 0.49 OF ONE PERCENT OF TOTAL GROSS SALES $5,000,000-$9,999,999 0.49 OF ONE PERCENT OF TOTAL GROSS SALES $10,000,000-$24,999,999 0.99 OF ONE PERCENT OF TOTAL GROSS SALES $25,000,000-$39,999,999 1.5 OF ONE PERCENT OF TOTAL GROSS SALES $40,000,000 AND GREATER 1.7 PERCENT OF TOTAL GROSS SALES WAREHOUSE STORES 2.0 PERCENT OF TOTAL GROSS SALES FOR THE PURPOSES OF THIS PARAGRAPH, "TOTAL GROSS SALES" SHALL NOT INCLUDE SALES RESULTING FROM THE SALE OF TOBACCO AS DEFINED BY ARTICLE TWENTY OF THE TAX LAW, MOTOR FUEL AS DEFINED BY ARTICLE TWELVE-A OF THE TAX LAW NOR SHALL IT INCLUDE A MEMBERSHIP FEE PURSUANT TO SECTION NINE- TY-SIX OF THIS CHAPTER. FOR THE PURPOSES OF THIS PARAGRAPH, NOTWITH- STANDING THE GROSS SALES OF THE APPLICANT, AN ESTABLISHMENT THAT CHARGES A MEMBERSHIP FEE TO ITS CUSTOMERS SHALL BE DEEMED A "WAREHOUSE STORE". (B) IN THE EVENT AN APPLICANT HAS BEEN IN BUSINESS FOR LESS THAN TWELVE MONTHS PRIOR TO THE FILING OF THE APPLICATION FOR THIS LICENSE, SUCH APPLICANT SHALL, IN ACCORDANCE WITH THE RULES OF THE AUTHORITY, REMIT AN ESTIMATE OF ITS FRANCHISE FEE BASED ON SQUARE FOOTAGE AT A LICENSEE'S LOCATION PURSUANT TO THE FOLLOWING SCHEDULE: SQUARE FOOTAGE LICENSEE'S FRANCHISE FEE PER LOCATION LOCATION 0-999 $825 1,000-1,999 $1,650 2,000-3,999 $3,300 4,000-9,999 $8,250 10,000-19,999 $16,500 20,000-24,999 $33,000 25,000-29,999 $82,500 30,000-39,999 $132,000 40,000-79,999 $250,000 80,000 AND GREATER $350,000 WITHIN SIXTY DAYS AFTER SUCH LICENSEE SHALL HAVE BEEN IN BUSINESS FOR TWELVE MONTHS, SUCH LICENSEE SHALL SUBMIT TO THE AUTHORITY, IN ACCORD- ANCE WITH THE RULES OF THE AUTHORITY, A STATEMENT SHOWING ITS ACTUAL TOTAL GROSS SALES FOR THE FIRST TWELVE MONTHS OF OPERATION AND THE FRAN- CHISE FEE DUE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. IN THE EVENT THE FRANCHISE FEE DETERMINED PURSUANT TO SUCH PARAGRAPH EXCEEDS THE AMOUNT PAID PURSUANT TO THIS PARAGRAPH, THE LICENSEE SHALL REMIT PAYMENT FOR THE BALANCE OF THE REQUIRED FRANCHISE FEE WITHIN SUCH SIXTY-DAY PERIOD. FAILURE TO REMIT PAYMENT WITHIN SUCH SIXTY-DAY PERIOD SHALL BE GROUNDS FOR CANCELLATION OR REVOCATION OF SUCH LICENSE. IN THE EVENT THAT THE FRANCHISE FEE DUE PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION IS LESS THAN THE AMOUNT PAID PURSUANT TO THIS PARAGRAPH, THE LICENSEE SHALL BE ENTITLED TO A REFUND EQUAL TO THE DIFFERENCE BETWEEN THE FRANCHISE FEE PAID PURSUANT TO THIS PARAGRAPH AND THE AMOUNT DUE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. (C) NO LICENSE SHALL BE ISSUED PURSUANT TO THIS SECTION UNTIL THE FRANCHISE FEE OR ESTIMATED FRANCHISE FEE UNDER THIS SUBDIVISION REQUIRED BY EITHER PARAGRAPH (A) OR (B) OF THIS SUBDIVISION HAS BEEN PAID IN FULL. 9. EVERY LICENSEE UNDER THIS SECTION SHALL HAVE AN INDIVIDUAL IN A POSITION OF MANAGEMENT AND CONTROL ASSIGNED TO IT WHO HAS BEEN ISSUED A CERTIFICATE OF COMPLETION FROM AN APPROVED ALCOHOL TRAINING AWARENESS PROGRAM. 10. NOTWITHSTANDING SUBDIVISION EIGHT OF THIS SECTION, NO FRANCHISE FEE SHALL BE REQUIRED FROM AN APPLICANT WHO IS PURCHASING THE BUSINESS OF A LICENSEE WHO HAS ALREADY PAID A FRANCHISE FEE, PROVIDED THAT SUCH APPLICANT CONTINUES THE BUSINESS OPERATION AT THE SAME GEOGRAPHIC LOCATION AS THE LICENSEE. IN THE EVENT THE APPLICANT SUBSEQUENTLY REMOVES THE BUSINESS TO ANOTHER LOCATION, PAYMENT OF THE APPROPRIATE FRANCHISE FEE SHALL BE REQUIRED PRIOR TO THE APPROVAL OF THE REMOVAL PURSUANT TO SUBDIVISION THREE OF SECTION NINETY-NINE-D OF THIS CHAPTER. 11. THE AUTHORITY MAY MAKE SUCH RULES AS IT DEEMS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION, HOWEVER, SUCH RULES SHALL NOT BE CONSTRUED TO PLACE ADDITIONAL LIMITATIONS UPON THE HOLDERS OF LICENSES ISSUED PURSUANT TO SECTION SEVENTY-NINE OF THIS ARTICLE UNRELATED TO THE SALE OF WINE. S 6. Section 83 of the alcoholic beverage control law is amended by adding a new subdivision 8 to read as follows: 8. THE ANNUAL FEE FOR A GROCERY OR DRUG STORE WINE LICENSE PURSUANT TO SECTION SEVENTY-NINE-E OF THIS ARTICLE SHALL BE FIVE HUNDRED DOLLARS. WHERE, HOWEVER, THE APPLICANT IS THE HOLDER OF TWO OR MORE SUCH LICENSES, THE ANNUAL FEE FOR EACH ADDITIONAL LICENSE SHALL BE ONE THOU- SAND DOLLARS. TEN PERCENT OF THE OVERALL FEES PAID UP TO ONE MILLION DOLLARS SHALL BE DEPOSITED TO THE MISCELLANEOUS SPECIAL REVENUE FUND (339) WINE INDUSTRY MARKETING AND PROMOTION ACCOUNT FOR APPROPRIATION AND ALLOCATION TO THE NEW YORK WINE MARKETING PROGRAM, AS ESTABLISHED IN SECTION THREE-A OF CHAPTER EIGHTY OF THE LAWS OF NINETEEN EIGHTY-FIVE, SUCH SECTION AS ADDED BY CHAPTER THREE HUNDRED THIRTY OF THE LAWS OF TWO THOUSAND FOUR. FURTHER, TEN PERCENT OF THE OVERALL FEES PAID UP TO TWO MILLION DOLLARS PER YEAR SHALL BE APPROPRIATED TO MAKE STATE ASSISTANCE PAYMENTS TO NOT-FOR-PROFIT CONSERVATION ORGANIZATIONS FOR FARMLAND PROTECTION PROGRAMS PURSUANT TO SECTION THREE HUNDRED TWENTY-FIVE-A OF THE AGRICULTURE AND MARKETS LAW. S 7. The state finance law is amended by adding a new section 97-llll to read as follows: S 97-LLLL. NEW YORK WINE INDUSTRY MARKETING AND PROMOTION ACCOUNT. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP- TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE AN ACCOUNT TO BE KNOWN AS THE NEW YORK WINE INDUSTRY MARKETING AND PROMOTION ACCOUNT. 2. SUCH ACCOUNT SHALL CONSIST OF REVENUES RECEIVED FROM GROCERY OR DRUG STORE WINE LICENSE FEES PURSUANT TO SUBDIVISION EIGHT OF SECTION EIGHTY-THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW. 3. MONEYS OF THE ACCOUNT, FOLLOWING APPROPRIATION BY THE LEGISLATURE, SHALL BE EXPENDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE-A OF CHAPTER EIGHTY OF THE LAWS OF NINETEEN HUNDRED EIGHTY-FIVE, SUCH SECTION AS ADDED BY CHAPTER THREE HUNDRED THIRTY OF THE LAWS OF TWO THOUSAND FOUR. MONEYS SHALL BE PAID OUT OF THE ACCOUNT ON THE AUDIT AND
WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF AGRICULTURE AND MARKETS. S 8. Subdivision 2-a of section 100 of the alcoholic beverage control law, as amended by chapter 249 of the laws of 2002, is amended to read as follows: 2-a. No retailer shall employ, or permit to be employed, or shall suffer to work, on any premises licensed for retail sale hereunder, any person under the age of eighteen years, as a hostess, waitress, waiter, or in any other capacity where the duties of such person require or permit such person to sell, dispense or handle alcoholic beverages; except that: (1) any person under the age of eighteen years and employed by any person holding a grocery or drug store beer license shall be permitted to handle and deliver beer and wine products for such licen- see, (2) any person under the age of eighteen employed as a cashier by a person holding a grocery or drug store beer license shall be permitted to record and receive payment for beer and wine product sales when in the presence of and under the direct supervision of a person eighteen years of age or over, (2-a) any person under the age of eighteen years and employed by a person holding a grocery store or drug store beer license as either a cashier or in any other position to which handling of containers which may have held alcoholic beverages is necessary, shall be permitted to handle the containers if such have been presented for redemption in accordance with the provisions of title ten of article twenty-seven of the environmental conservation law, [and] (3) any person under the age of eighteen years employed as a dishwasher, busboy, or other such position as to which handling of containers which may have held alcoholic beverages is necessary shall be permitted to do so under the direct supervision of a person of legal age to purchase alcoholic beverages in the state, (4) ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS AND EMPLOYED BY A PERSON HOLDING A GROCERY OR DRUG STORE WINE LICENSE SHALL BE PERMITTED TO HANDLE AND DELIVER WINE FOR SUCH LICENSEE, AND (5) ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS AND EMPLOYED BY A PERSON HOLDING A GROCERY OR DRUG STORE WINE LICENSE SHALL BE PERMITTED TO RECORD AND RECEIVE PAYMENT FOR WINE SALES WHEN IN THE PRESENCE OF AND UNDER THE DIRECT SUPERVISION OF A PERSON EIGHTEEN YEARS OR OVER. S 9. Section 100 of the alcoholic beverage control law is amended by adding a new subdivision 2-c to read as follows: 2-C. NO PERSON SHALL SELL, DELIVER OR GIVE AWAY OR CAUSE, PERMIT OR PROCURE TO BE SOLD, DELIVERED OR GIVEN AWAY ANY ALCOHOLIC BEVERAGES TO ANY PERSON, ACTUALLY OR APPARENTLY, UNDER THE AGE OF TWENTY-ONE YEARS. AS A PRECONDITION TO THE SALE OF ANY ALCOHOLIC BEVERAGE FOR OFF-PREMISES CONSUMPTION, THE PURCHASER OF ANY ALCOHOLIC BEVERAGE MUST PROVIDE WRIT- TEN EVIDENCE OF AGE. NO LICENSEE, OR AGENT OR EMPLOYEE OF A LICENSEE UNDER THIS CHAPTER, SHALL ACCEPT AS WRITTEN EVIDENCE OF AGE BY ANY SUCH PERSON FOR THE PURCHASE OF ANY ALCOHOLIC BEVERAGE, ANY DOCUMENTATION OTHER THAN: (A) A VALID DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD ISSUED BY THE COMMISSIONER OF MOTOR VEHICLES, THE FEDERAL GOVERN- MENT, ANY UNITED STATES TERRITORY, COMMONWEALTH OR POSSESSION, THE DISTRICT OF COLUMBIA, A STATE GOVERNMENT WITHIN THE UNITED STATES OR A PROVINCIAL GOVERNMENT OF THE DOMINION OF CANADA, OR (B) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR ANY OTHER COUNTRY, OR (C) AN IDENTIFICATION CARD ISSUED BY THE ARMED FORCES OF THE UNITED STATES. S 10. Paragraph a of subdivision 1 of section 101-aa of the alcoholic beverage control law, as amended by chapter 84 of the laws of 2004, is amended to read as follows:
a. "Credit period" means a period beginning on the date alcoholic beverages are delivered and ending thirty days thereafter, EXCEPT THAT WITH REGARD TO LICENSEES LICENSED UNDER SECTION SIXTY-THREE OF THIS CHAPTER THE "CREDIT PERIOD" MEANS A PERIOD BEGINNING ON THE DATE ALCO- HOLIC BEVERAGES ARE DELIVERED AND ENDING SIXTY DAYS THEREAFTER. S 11. Section 101-aa of the alcoholic beverage control law is amended by adding a new subdivision 3-a to read as follows: 3-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION, THE HOLDER OF A LICENSE TO SELL LIQUOR AND WINE AT RETAIL FOR CONSUMPTION OFF THE PREMISES, PURSUANT TO SECTION SIXTY-THREE OF THIS CHAPTER, OR A LICENSE TO SELL WINE AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSUANT TO SECTION SEVENTY-NINE OF THIS CHAPTER, WHO IS IN DEFAULT EXCEPT TO A FARM WINERY LICENSED PURSUANT TO SECTION SEVENTY-SIX-A OF THIS CHAPTER MAY PURCHASE ALCOHOLIC BEVERAGES ON CREDIT EXCEPT FROM THE MANUFACTURER OR WHOLESALER WHO PLACED SUCH RETAIL LICEN- SEE IN DEFAULT. S 12. Paragraph (b) of subdivision 2 of section 101-b of the alcoholic beverage control law, as amended by chapter 669 of the laws of 1989, is amended to read as follows: (b) to grant, directly or indirectly, any discount, rebate, free goods, allowance or other inducement of any kind whatsoever, except a discount or discounts for quantity of liquor or for quantity of wine and a discount not in excess of one per centum for payment on or before ten days from date of shipment. A DISCOUNT ON WINE PURCHASED ON A QUANTITY BASIS SHALL NOT BE AUTHORIZED ON THE PURCHASE OF MORE THAN ONE HUNDRED CASES OF WINE PER MONTH, OF THE SAME VARIETAL. S 13. Paragraph (b) of subdivision 3 of section 101-b of the alcoholic beverage control law, as amended by section 1 of part E of chapter 56 of the laws of 2006, is amended to read as follows: (b) No brand of liquor or wine shall be sold to or purchased by a retailer unless a schedule, as provided by this section, is transmitted to and received by the liquor authority, and is then in effect. Such schedule shall be transmitted to the authority in such form, manner, medium and format as the authority may direct; shall be deemed duly verified by the person submitting such schedule upon its transmission to the authority; and shall contain, with respect to each item, the exact brand or trade name, capacity of package, nature of contents, age and proof where stated on the label, the number of bottles contained in each case, the bottle and case price to retailers, the net bottle and case price paid by the seller, which prices, in each instance, shall be indi- vidual for each item and not in "combination" with any other item, the discounts for quantity, if any, and the discounts for time of payment, if any. PROVIDED HOWEVER THAT, FOR THE PURPOSES OF THIS PARAGRAPH, DIFFERENT PRODUCTS OR DIFFERENT SIZED BOTTLES FROM THE SAME MANUFACTURER MAY BE COMBINED. Such brand of liquor or wine shall not be sold to retailers except at the price and discounts then in effect unless prior written permission of the authority is granted for good cause shown and for reasons not inconsistent with the purpose of this chapter. Such schedule shall be transmitted by each manufacturer selling such brand to retailers and by each wholesaler selling such brand to retailers. S 14. Subdivision 2 of section 105 of the alcoholic beverage control law is REPEALED. S 15. Subdivision 7 of section 105 of the alcoholic beverage control law is REPEALED. S 16. Paragraphs (b) and (c) of subdivision 10 of section 105 of the alcoholic beverage control law are REPEALED and paragraph (a), as
amended by chapter 679 of the laws of 1950, is amended to read as follows: [(a)] Each retail licensee of liquor and/or wine for off-premises consumption shall have conspicuously displayed within the interior of the licensed premises where sales are made and where it can be readily inspected by consumers a printed price list of the liquors and/or wines offered for sale therein; and no liquor and/or wine shall be sold except at the price set forth in such list[;]. S 17. Paragraphs (a) and (b) of subdivision 14 of section 105 of the alcoholic beverage control law, paragraph (a) as amended by section 1 of part U of chapter 63 of the laws of 2003 and paragraph (b) as amended by chapter 334 of the laws of 2004, are amended to read as follows: (a) No premises licensed to sell liquor and/or wine for off-premises consumption shall be permitted to [remain open] SELL LIQUOR AND/OR WINE: (i) On Sunday before twelve o'clock post meridian and after nine o'clock post meridian. (ii) On any day between midnight and eight o'clock antemeridian. (iii) On the twenty-fifth day of December, known as Christmas day. In any community where daylight saving time is in effect, such time shall be deemed the standard time for the purpose of this subdivision. (b) This subdivision shall only be interpreted to prohibit the sale of liquor and/or wine for off-premises consumption [when it is closed to the public, provided however, retail licensees may undertake all other activities allowed during the course of normal business operations]. A LICENSEE MAY ENGAGE IN ANY OTHER LAWFUL ACTIVITY ALLOWED ON THE LICENSEE'S PREMISES, including but not limited to: (i) placing orders with or taking deliveries from wholesalers AND MANUFACTURERS; (ii) meeting with individuals who have valid solicitors permits issued by the liquor authority; (iii) stocking shelves; (iv) filling or building displays; [and] (v) rotating product on store shelves; AND (VI) IN THE CASE OF PERSONS LICENSED UNDER SECTION SEVENTY-NINE-E OF THIS CHAPTER, THE SALE OF OTHER PRODUCTS, INCLUDING BEER AND WINE PRODUCTS IF THE PERSON IS ALSO LICENSED UNDER SECTION FIFTY-FOUR OR SECTION FIFTY-FOUR-A OF THIS CHAPTER. S 18. Section 105 of the alcoholic beverage control law is amended by adding a new subdivision 24 to read as follows: 24. FOR THE PURPOSES OF PURCHASING ONLY, ANY TWO OR MORE PERSONS LICENSED PURSUANT TO SECTIONS SIXTY-THREE AND/OR SEVENTY-NINE OF THIS CHAPTER MAY JOIN IN AN AGREEMENT TO MAKE JOINT PURCHASES OF LIQUOR AND/OR WINE IN LARGER QUANTITIES THAN MIGHT OTHERWISE BE PURCHASED; PROVIDED, HOWEVER, THAT ALL SUCH ALCOHOLIC BEVERAGES PURCHASED PURSUANT TO ANY SUCH AGREEMENT SHALL BE DISTRIBUTED TO NONE OTHER THAN A LICENSEE WHO IS A PARTY TO SUCH AGREEMENT. THE COOPERATIVE AGREEMENTS, AS AUTHOR- IZED UNDER THIS SUBDIVISION, SHALL BE VOID IF, WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE AND THE PREMISES OPERATING UNDER THE COOPERATIVE AGREEMENTS AUTHORIZED IN THIS SUBDIVISION ARE LOCATED MORE THAN ONE MILE FROM ONE ANOTHER. THE COOPERATIVE AGREEMENTS, AS AUTHOR- IZED UNDER THIS SUBDIVISION, SHALL BE VOID IF, OUTSIDE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE AND THE PREMISES OPERATING UNDER AGREEMENTS AUTHORIZED IN THIS SUBDIVISION ARE LOCATED MORE THAN FIFTY MILES FROM ONE ANOTHER. THE AUTHORITY MAY PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION.
S 19. This act shall take effect immediately; provided, that the amendments to subdivision 8-b of section 17 of the alcoholic beverage control law made by section two of this act shall take effect on the same date as the reversion of such section as provided in section 4 of chapter 118 of the laws of 2012, as amended; provided further, that section nine of this act shall take effect on the one hundred eightieth day after it shall have become a law; and provided further, that, effec- tive immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of this act on or before its effective date are authorized to be made by the state liquor author- ity on or before such date.

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