Relates to the sale of non-food wine or liquor supplies, accessories and/or barware.
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to the sale of wine supplies and accessories
PURPOSE: This bill would amend the current law to include the sale of wine supplies and accessories, which shall include any item utilized for the storage, transport, serving or consumption of wine or for decorative purposes whether sold as single items or combined into a package containing wine or a wine product. This bill also states that if a business is caught by the liquor authority of selling any products not stated in this bill then they must be given a written warning from the liquor authority, affording them no less than 30 days notice within which to cease engaging in other businesses on the licensed premises.
SUMMARY OF PROVISIONS: Section 63 is amended to read sale of wine supplies and accessories, which shall include any item utilized for the storage, transport, serving or consumption of wine or for decorative purposes whether sold as single items or combined into a package containing wine or a wine product, shall not constitute engaging in another business within the meaning of this subdivision. section 63.7 is amended to read No licensee may be assessed a civil penalty for a violation of subdivision four of this section, unless they have first been given a written warning from the liquor authority, affording them no less than 30 days notice within which to cease engaging in other businesses on the licensed premises. Such warning shall enumerate the specific items which must be removed to comply with subdivision four of this section.
JUSTIFICATION: Do recent events the liquor authority has fined liquor stores up to ten thousand dollars for selling wine gift bags and accessories with-out warning. This bill would allow liquor stores the time they need to remove the items they are not allowed to sell before a fine is imposed.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: Undetermined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 486 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. ROBACH -- 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 wine supplies and accessories 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 and a new subdivision 7 is added 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 glass- es 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]SALE OF WINE SUPPLIES AND ACCESSORIES, WHICH SHALL INCLUDE ANY ITEM UTILIZED FOR THE STORAGE, TRANSPORT, SERVING OR CONSUMPTION OF WINE OR FOR DECORATIVE PURPOSES WHETHER SOLD AS SINGLE ITEMS OR COMBINED INTO A PACKAGE CONTAINING WINE OR A WINE PRODUCT, shall not constitute engaging in another business within the meaning of this subdivision. 7. NO LICENSEE MAY BE ASSESSED A CIVIL PENALTY FOR A VIOLATION OF SUBDIVISION FOUR OF THIS SECTION, UNLESS THEY HAVE FIRST BEEN GIVEN A WRITTEN WARNING FROM THE LIQUOR AUTHORITY, AFFORDING THEM NO LESS THAN THIRTY DAYS NOTICE WITHIN WHICH TO CEASE ENGAGING IN OTHER BUSINESSES ON THE LICENSED PREMISES. SUCH WARNING SHALL ENUMERATE THE SPECIFIC ITEMS WHICH MUST BE REMOVED TO COMPLY WITH SUBDIVISION FOUR OF THIS SECTION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01929-01-1