Relates to off-premises beer and wine products sales in premises licensed for on-premises consumption.

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S6909A-2011 Actions

• Jun 21, 2012: referred to codes
• Jun 21, 2012: DELIVERED TO ASSEMBLY
• Jun 21, 2012: PASSED SENATE
• Jun 18, 2012: AMENDED ON THIRD READING (T) 6909A
• Jun 11, 2012: ADVANCED TO THIRD READING
• Jun 6, 2012: 2ND REPORT CAL.
• Jun 5, 2012: 1ST REPORT CAL.1067
• May 22, 2012: REPORTED AND COMMITTED TO FINANCE
• Apr 9, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S6909A-2011 Calendars

Active List: Jun 21, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S6909A-2011 Votes

S6909A-2011 Memo

BILL NUMBER:S6909A

TITLE OF BILL:
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;
and providing for the repeal of such provisions upon expiration thereof

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.

Section 4 of the bill provides that the State Liquor Authority shall
conduct a study on the provisions of this act and issue a report by
April 30, 2015.

Section 5 of the bill authorizes the State Liquor Authority to
promulgate rules and regulations necessary for the effective
implementation of this act.

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:

This act shall take effect June 30, 2012, and shall expire on June 30,
2015.

S6909A-2011 Text

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

                                   6909--A
      Cal. No. 1067

                              I N  SENATE

                                April 9, 2012
                                 ___________

  Introduced  by Sens. FARLEY, PERALTA, STOROBIN -- read twice and ordered
    printed, and when printed to be committed to the Committee on Investi-
    gations and Government Operations  --  reported  favorably  from  said
    committee and committed to the Committee on Finance -- reported favor-
    ably  from said committee, ordered to first and second report, ordered
    to a third reading, amended and ordered reprinted, retaining its place
    in the order of third reading

  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;  and  providing  for  the  repeal  of   such
    provisions upon expiration thereof

    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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14273-04-2

 S. 6909--A                          2

  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 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.
    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. The liquor authority shall conduct a study of the  provisions  of
  this act, and shall issue a report to the governor, the temporary presi-
  dent of the senate, and the speaker of the assembly, on its findings, on
  or  before  April  30,  2015.  Such  study  and report shall examine the
  effects of the enactment of this chapter, on overall economic  activity,
  any  and all increased tax revenue derived, and any and all public bene-
  fits and detriments,  that  may  have  arisen  from  permitting  alcohol
  consumption  in food stores together with a meal. Any food store selling
  alcoholic beverages for on-premises consumption together  with  a  meal,
  shall  provide  the  authority with whatever information it may request,
  that is necessary to complete the study and report so required.
    S 5. The liquor authority is authorized to promulgate rules and  regu-
  lations  necessary for the effective implementation of the provisions of
  this act.
    S 6. This act shall take effect June 30, 2012; provided, however, that
  the provisions of this act shall expire and be deemed repealed June  30,
  2015.