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

                                  2133

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 11, 2013
                               ___________

Introduced  by  Sen. MARTINS -- 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
  permitting  the  holder of a wholesaler's license to sell certain food
  and seasonal specialty items and  to  install  and  operate  automated
  teller machines

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

  Section 1. Paragraph (a) of subdivision 1 of section 104 of the  alco-
holic beverage control law, as amended by a chapter of the laws of 2012,
amending  the  alcoholic beverage control law relating to permitting the
holder of a wholesaler's license  to  sell  certain  food  and  seasonal
specialty items and to install and operate automated teller machines, as
proposed  in legislative bills numbers S.5404-A and A.5565-A, is amended
to read as follows:
  (a) No wholesaler shall be engaged in any other business on the  prem-
ises  to  be  licensed;  except  that  nothing contained in this chapter
shall: (1) prohibit a beer wholesaler from  (i)  acquiring,  storing  or
selling  non-alcoholic  snack foods, as defined in paragraph (b) of this
subdivision, (ii) manufacturing, bottling, storing, or selling non-alco-
holic carbonated beverages,  (iii)  manufacturing,  storing  or  selling
non-alcoholic non-carbonated soft drinks, mineral waters, spring waters,
drinking  water,  non-taxable  malt  or  cereal beverages, juice drinks,
fruit or vegetable juices, ice, liquid beverage mixes and dry or  frozen
beverage  mixes,  (iv)  acquiring, storing or selling wine products, (v)
the sale of promotional items on such premises,  or  (vi)  the  sale  of
tobacco  products at retail by wholesalers who are licensed to sell beer
and other products at retail[,]; (2) prohibit a wholesaler authorized to
sell wine from manufacturing, acquiring or selling wine merchandise,  as
defined  in  paragraph  (d)  of  this  subdivision[, or]; (3) prohibit a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06101-01-3
              

S. 2133                             2

licensed winery or licensed farm winery from engaging in the business of
a wine wholesaler for New York  state  labeled  wines  produced  by  any
licensed winery or licensed farm winery or prohibit such wine wholesaler
from  exercising  any of its rights pursuant to sections seventy-six and
seventy-six-a of this chapter provided that the operation of  such  beer
and  wine  wholesalers business shall be subject to such rules and regu-
lations as the liquor authority may prescribe[.]; (4) [The sale  of  the
following  products  at  retail shall not constitute engaging in another
business within the meaning of this subdivision] PROHIBIT A BEER  WHOLE-
SALER  WHO  IS AUTHORIZED TO SELL BEER AT RETAIL FROM SELLING AT RETAIL:
(i) candy, chewing gum and cough  drops;  (ii)  non-refrigerated  salsa;
(iii)  cigarette  lighters,  lighter  fluid,  matches and ashtrays; (iv)
barbecue and picnic-related products and supplies, which shall  include,
but  not be limited to, charcoal, grills, propane gas, plastic and paper
cups[;], paper or plastic tablecloths and coolers; (v) beer  making  and
brewing  supplies  and  publications,  which  shall  include, but not be
limited to, books, magazines, equipment and  ingredients;  (vi)  steins,
mugs  and  other glassware appropriate for the consumption of beer, malt
beverages and wine products; (vii) items typically used  to  serve  beer
and  malt  beverages  including,  but  not limited to, taps, kegerators,
[cozies] KOOZIES and beer  socks;  (viii)  lemons,  limes  and  oranges,
provided  that  no more than two dozen of each shall be displayed at any
one time; (ix) rock salt, ice and snow melting compounds, snow  shovels;
windshield washer solvent; firewood; beach umbrellas; sunglasses and sun
block;  and  (x)  prepaid  telephone cards[.]; OR (5) [The] PROHIBIT THE
installation and operation of a single automated teller machine in [each
licensed] THE premises [shall not constitute engaging in  another  busi-
ness within the meaning of this subdivision] OF A BEER WHOLESALER WHO IS
AUTHORIZED TO SELL BEER AT RETAIL. For the 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  consum-
ers  to  carry  out  banking transactions, including but not limited to,
account transfers, deposits, cash  withdrawals,  balance  inquiries  and
loan payments.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as a chapter of the laws of 2012, amending the alcoholic beverage
control law relating to permitting the holder of a wholesaler's  license
to  sell  certain  food  and seasonal specialty items and to install and
operate automated teller machines,  as  proposed  in  legislative  bills
numbers S.5404-A and A.5565-A, takes effect.