S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2787
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by M. of A. LAVINE, ZEBROWSKI, GUNTHER, GALEF, M. G. MILLER,
   THIELE, TITONE, CAHILL -- Multi-Sponsored  by  --  M.  of  A.  ABBATE,
   BARCLAY,  BUTLER,  CROUCH,  FINCH,  GIGLIO, GOODELL, GRAF, McLAUGHLIN,
   MONTESANO, RAIA, SALADINO -- read once and referred to  the  Committee
   on Economic Development

 AN  ACT  to amend the alcoholic beverage control law, in relation to the
   sale of non-food wine or liquor supplies, accessories and/or barware
 
   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 297 of the law of 2016, is amended 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 NON-FOOD  WINE  OR  LIQUOR  SUPPLIES,
 ACCESSORIES  AND/OR BARWARE, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,
 ANY ITEM UTILIZED FOR THE STORAGE, TRANSPORT, SERVING OR CONSUMPTION  OF
 WINE  OR  LIQUOR OR FOR DECORATIVE PURPOSES WHETHER SOLD AS SINGLE ITEMS
 OR COMBINED INTO A PACKAGE  CONTAINING  WINE  OR  LIQUOR,  PUBLICATIONS,
 SUBSCRIPTION  SERVICES,  MEMBERSHIPS,  LOYALTY PROGRAMS AND EDUCATION IN
 THE FORM OF LIVE,  WEBINAR  OR  PRERECORDED  CONTENT  DESIGNED  TO  HELP
 EDUCATE  CONSUMERS IN THEIR KNOWLEDGE, USE, CONSUMPTION AND APPRECIATION
 OF ALCOHOLIC BEVERAGES, INCLUDING RECIPES AND FOOD AND BEVERAGE PAIRING,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07883-01-7

 A. 2787                             2
 
 AND WINE-MAKING AND CIDER-MAKING EQUIPMENT AND SUPPLIES  INCLUDING,  BUT
 NOT  LIMITED TO, HOME WINE-MAKING AND CIDER-MAKING KITS, PRESSES, PUMPS,
 BOTTLING EQUIPMENT, FILTERS, YEASTS, CHEMICALS AND OTHER WINE AND  CIDER
 ADDITIVES,  STORAGE OR FERMENTING VESSELS, BARRELS, TOOLS AND DEVICES or
 the sale of gift bags, gift boxes, or wrapping, for alcoholic  beverages
 purchased  at  the  licensed  premises  shall not constitute engaging in
 another business within the meaning of this subdivision.
   § 2. Subdivision 4 of section 63 of  the  alcoholic  beverage  control
 law,  as  amended by chapter 603 of the laws of 1992, is amended 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  NON-FOOD  WINE  OR  LIQUOR  SUPPLIES,
 ACCESSORIES  AND/OR BARWARE, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,
 ANY ITEM UTILIZED FOR THE STORAGE, TRANSPORT, SERVING OR CONSUMPTION  OF
 WINE  OR  LIQUOR OR FOR DECORATIVE PURPOSES WHETHER SOLD AS SINGLE ITEMS
 OR COMBINED INTO A PACKAGE  CONTAINING  WINE  OR  LIQUOR,  PUBLICATIONS,
 SUBSCRIPTION  SERVICES,  MEMBERSHIPS,  LOYALTY PROGRAMS AND EDUCATION IN
 THE FORM OF LIVE,  WEBINAR  OR  PRERECORDED  CONTENT  DESIGNED  TO  HELP
 EDUCATE  CONSUMERS IN THEIR KNOWLEDGE, USE, CONSUMPTION AND APPRECIATION
 OF ALCOHOLIC BEVERAGES, INCLUDING RECIPES AND FOOD AND BEVERAGE PAIRING,
 AND WINE-MAKING AND CIDER-MAKING EQUIPMENT AND SUPPLIES  INCLUDING,  BUT
 NOT  LIMITED TO, HOME WINE-MAKING AND CIDER-MAKING KITS, PRESSES, PUMPS,
 BOTTLING EQUIPMENT, FILTERS, YEASTS, CHEMICALS AND OTHER WINE AND  CIDER
 ADDITIVES,  STORAGE  OR  FERMENTING VESSELS, BARRELS, TOOLS AND DEVICES,
 shall not constitute engaging in another business within the meaning  of
 this subdivision.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 4 of section 63 of the alcoholic  beverage
 control  law  made  by  section  one of this act shall be subject to the
 expiration and reversion of such subdivision pursuant to section  18  of
 chapter  297  of  the  laws of 2016, as amended, when upon such date the
 provisions of section two of this act shall take effect.