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

                                  1533

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. DelMONTE, GUNTHER, CAHILL, SCHROEDER, ALESSI,
  ZEBROWSKI, LUPARDO, FIELDS, GABRYSZAK, MAGEE -- Multi-Sponsored by  --
  M. of A. PHEFFER, REILLY -- read once and referred to the Committee on
  Economic Development, Job Creation, Commerce and Industry

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  wholesale purchases of wine

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subparagraphs 2 and 6 of paragraph (b) of subdivision 4 of
section 76-a of the alcoholic beverage control law, as amended by  chap-
ter 514 of the laws of 2006, are amended to read as follows:
  (2) Food items for the purpose of complimenting wine tastings[,] WHICH
shall  mean a diversified selection of food which is ordinarily consumed
without the use of tableware and  can  conveniently  be  consumed  while
standing  or  walking.  Such food items shall include but not be limited
to: cheeses, fruits, vegetables, chocolates, breads and crackers.
  (6) New York state labelled wine produced or manufactured by any other
New York state  winery  or  farm  winery  licensee.  Such  wine  may  be
purchased outright by the licensee from a New York winery or farm winery
licensee,  PURCHASED  FROM  A  WHOLESALER  LICENSED  PURSUANT TO SECTION
SIXTY-TWO OF THIS CHAPTER OR SECTION SEVENTY-EIGHT OF  THIS  ARTICLE  or
obtained  on a consignment basis pursuant to a written agreement between
the selling and purchasing licensee.
  S 2. Subparagraph 6 of paragraph (b) of subdivision 4 of section  76-a
of  the alcoholic beverage control law, as amended by chapter 571 of the
laws of 2008, is amended to read as follows:
  (6) New York state labelled wine or liquors produced  or  manufactured
by  any  other  New  York state winery or farm winery licensee or by the
holder of a class A-1, B-1, or  C  distiller's  license.  Such  wine  or
liquors may be purchased outright by the licensee from a New York winery

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

                                                           LBD01227-01-9

A. 1533                             2

or  farm  winery licensee, PURCHASED FROM A WHOLESALER LICENSED PURSUANT
TO SECTION SIXTY-TWO OF THIS CHAPTER OR SECTION  SEVENTY-EIGHT  OF  THIS
ARTICLE  or  the holder of a class A-1, B-1, or C distiller's license or
obtained  on a consignment basis pursuant to a written agreement between
the selling and purchasing licensee.
  S 3. Subparagraphs 2 and 6  of  paragraph  (b)  of  subdivision  4  of
section  77 of the alcoholic beverage control law, as amended by chapter
514 of the laws of 2006, are amended to read as follows:
  (2) Food items for the purpose of complimenting wine tastings[,] WHICH
shall mean a diversified selection of food which is ordinarily  consumed
without  the  use  of  tableware  and can conveniently be consumed while
standing or walking. Such food items shall include but  not  be  limited
to: cheeses, fruits, vegetables, chocolates, breads and crackers.
  (6) New York state labelled wine produced or manufactured by any other
New  York  state  winery  or  farm  winery  licensee.  Such  wine may be
purchased outright by the licensee from a New York winery or farm winery
licensee, PURCHASED FROM  A  WHOLESALER  LICENSED  PURSUANT  TO  SECTION
SIXTY-TWO  OF  THIS  CHAPTER OR SECTION SEVENTY-EIGHT OF THIS ARTICLE or
obtained on a consignment basis pursuant to a written agreement  between
the selling and purchasing licensee.
  S  4.  This  act shall take effect immediately; provided, however that
the amendments made to subparagraph 6 of paragraph (b) of subdivision  4
of  section  76-a  of the alcoholic beverage control law made by section
two of this act, shall take effect on the same date and same  manner  as
section 6 of chapter 571 of the laws of 2008 takes effect.