Relates to off-premises beer and wine products sales in premises licensed for on-premises consumption.
Ayes (27): DeFrancisco, Johnson, Alesi, Bonacic, Flanagan, Golden, Lanza, Larkin, LaValle, Marcellino, Nozzolio, Robach, Seward, Young, Krueger, Breslin, Dilan, Duane, Gianaris, Oppenheimer, Parker, Peralta, Perkins, Rivera, Stavisky, Stewart-Cousins, Squadron
Ayes W/R (6): Fuschillo, Griffo, Hannon, Little, Saland, Montgomery
Nays (1): Diaz
Excused (1): Farley
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to offpremises beer and wine products sales in premises licensed for on-premises consumption
PURPOSE: To enable food stores to develop restaurant areas within their stores where beer and/or wine may be served for on-premises consumption, subject to the same rules that apply to restaurants and taverns.
SUMMARY OF PROVISIONS: Section 1 of the bill amends Section 100(2-a) of the ABC Law to allow an individual holding an on-premises consumption license to follow the same rules as a food or drug store with respect to employing persons under the age of 18 to stock shelves; to redeem returnable bottles; and, in regard to beer and wine coolers sold for off-premises consumption only, to act as a cashier under direct supervision.
Section 2 of the bill amends Section 106(5) of the ABC Law to provide that an individual holding an on-premises (restaurant) license may follow the same hours of operation as food stores in regard to the sale of beer for off-premises consumption.
Section 3 of the bill amends Section 81(4) of the ABC Law to provide that the existing authority to take home a partially consumed bottle of wine from a restaurant shall not apply in the case of food stores which serve wine on-premises as part of a dining area operated pursuant to an on-premises license.
JUSTIFICATION: The food and restaurant industries continue to evolve in New York, providing consumers with additional options. For example, restaurants may now sell beer and wine coolers to be taken away from the restaurant for off-premises consumption. Supermarkets may now apply for and operate under a restaurant license. Some food stores with pub style eating facilities have chosen this option. Other supermarkets have developed a model where they currently hold an on-premises license for their restaurant facility and a food store license for their supermarket operation.
This bill will allow food stores in New York to follow a national trend where upscale food courts are incorporated into the supermarket design. These new food courts include on-premises serving privileges to complement the gourmet food being served. While it is currently permissible for a food store to hold a restaurant license, this situation raises some unique issues regarding both the hours of operation and the use of staff under the age of 18 in regard to the facility's grocery operations. This legislation addresses these issues to allow facilities to apply for the type of license which best meets their needs.
For example, under an on-premises restaurant license, a restaurant may not sell alcohol between 4:00 a.m. and 12 noon on Sundays and 4:00 a.m. to 8:00 a.m. the other days of the week. In comparison, except where local options limit the hours of sale, food stores may sell beer Monday through Saturday on a 24/7 basis. On Sundays -- which are now the second busiest shopping days for supermarkets -- they may begin selling beer for off-premises consumption at 8:00 a.m. Individuals shopping during these off hours don't just buy beer, but typically make their full grocery purchases during these hours. This bill maintains the existing hour requirements for on-premises sales, but follows the food and drug store hours for off-premises sales.
Similarly, current law generally prohibits persons under the age of 18 from selling or handling alcoholic beverages, but provides specific exemptions for employees who stock shelves, redeem bottles and act as a cashier (under direct supervision) in selling beer and wine coolers for off-premises consumption. This bill applies these existing provisions to holders of on-premises licenses.
This bill will encourage new economic development in the state and allow supermarket operators to pick select sites with the correct demographics and traffic to open these new upscale food courts.
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 6909 IN SENATE April 9, 2012 ___________Introduced by Sen. FARLEY -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the alcoholic beverage control law, in relation to off- premises beer and wine products sales in premises licensed for on-premises consumption THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 OR A LICENSE TO SELL ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION shall be permit- ted to handle and deliver beer and wine products WHICH ARE SOLD FOR OFF-PREMISES CONSUMPTION for such licensee, (2) any person under the age of eighteen employed as a cashier by a person holding a grocery or drug store beer license OR A LICENSE TO SELL ALCOHOLIC BEVERAGES FOR ON-PREM- ISES CONSUMPTION shall be permitted to record and receive payment for beer and wine product sales SOLD FOR OFF-PREMISES CONSUMPTION 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 OR A LICENSE TO SELL ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION as either a cashier or in any other position to which handl- ing 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 personEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14273-02-2 S. 6909 2
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. S 2. The opening paragraph of subdivision 5 of section 106 of the alcoholic beverage control law, as amended by chapter 83 of the laws of 1995, is amended to read as follows: No alcoholic beverages shall be sold, offered for sale or given away FOR CONSUMPTION ON THE PREMISES upon any premises licensed to sell alco- holic beverages at retail
[for on-premises consumption,]during the following hours: S 3. Subdivision 4 of section 81 of the alcoholic beverage control law, as amended by section 1 of part F of chapter 60 of the laws of 2005, is amended to read as follows: 4. A restaurant licensed to sell wine under this section may permit a patron to remove one unsealed bottle of wine for off-premises consump- tion provided that the patron has purchased a full course meal and consumed a portion of the bottle of wine with such meal on the restau- rant premises. For the purposes of this subdivision the term "full course meal" shall mean a diversified selection of food which is ordi- narily consumed with the use of tableware and cannot conveniently be consumed while standing or walking. A partially consumed bottle of wine that is to be removed from the premises pursuant to this subdivision shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises, in a bag such that it is visibly apparent that such resealed bottle of wine has not been tampered with. Such licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO FOOD STORES LICENSED TO PREPARE FOODS UNDER ARTICLE TWENTY-C OF THE AGRICULTURE AND MARKETS LAW. S 4. This act shall take effect immediately.