S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7898
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 18, 2017
                                ___________
 
 Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
   tee on Economic Development
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   permitting sales to  holders  of  licenses  to  sell  for  on-premises
   consumption
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 79 of the alcoholic beverage control law is amended
 by adding a new subdivision 5 to read as follows:
    5. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY  LICENSE
 UNDER  THIS  SECTION  INCLUDES THE PRIVILEGES TO SELL WINE TO ANY PERSON
 LICENSED UNDER THIS CHAPTER TO SELL WINE AT RETAIL  FOR  CONSUMPTION  ON
 THE  PREMISES  UNDER  SECTION  SIXTY-FOUR,  SIXTY-FOUR-A,  SIXTY-FOUR-B,
 SIXTY-FOUR-C, SIXTY-FOUR-D, SEVENTY-NINE-B OR EIGHTY-ONE OF  THIS  CHAP-
 TER.  ANY  SUCH  SALES SHALL BE SUBJECT TO SECTION ONE HUNDRED ONE-AA OF
 THIS CHAPTER. PRIOR TO MAKING ANY  SALES  TO  ON-PREMISES  LICENSEES,  A
 LICENSEE UNDER THIS CHAPTER SHALL OBTAIN A PERMIT FROM THE FEDERAL ALCO-
 HOL  AND  TOBACCO  TAX  AND  TRADE BUREAU AUTHORIZING IT TO SELL WINE AT
 WHOLESALE AND SHALL REGISTER AS A  DISTRIBUTOR  OF  ALCOHOLIC  BEVERAGES
 WITH THE STATE DEPARTMENT OF TAXATION AND FINANCE.
   §  2.  Section  63 of the alcoholic beverage control law is amended by
 adding a new subdivision 7 to read as follows:
    7. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY  LICENSE
 UNDER THIS SECTION INCLUDES THE PRIVILEGES TO SELL LIQUOR AND/OR WINE TO
 ANY  PERSON  LICENSED  UNDER  THIS CHAPTER TO SELL LIQUOR AND/OR WINE AT
 RETAIL FOR CONSUMPTION ON THE PREMISES UNDER SECTION SIXTY-FOUR,  SIXTY-
 FOUR-A,  SIXTY-FOUR-B,  SIXTY-FOUR-C,  SIXTY-FOUR-D,  SEVENTY-NINE-B, OR
 EIGHTY-ONE OF THIS CHAPTER.  ANY SUCH SALES SHALL BE SUBJECT TO  SECTION
 ONE  HUNDRED  ONE-AA  OF  THIS  CHAPTER.  PRIOR  TO  MAKING ANY SALES TO
 ON-PREMISES LICENSEES, A LICENSEE UNDER  THIS  CHAPTER  SHALL  OBTAIN  A
 PERMIT FROM THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU AUTHOR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09885-01-7

 A. 7898                             2
 
 IZING  IT TO SELL WINE AND/OR LIQUOR AT WHOLESALE, AND SHALL REGISTER AS
 A DISTRIBUTOR OF ALCOHOLIC BEVERAGES WITH THE STATE DEPARTMENT OF  TAXA-
 TION AND FINANCE.
   § 3. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
 control  law, as amended by chapter 458 of the laws of 1993, are amended
 to read as follows:
   3-a. No licensee or permittee shall purchase or agree to purchase  any
 alcoholic  beverages  from  any  person within the state who is not duly
 licensed to sell such alcoholic beverage as the case may be, at the time
 of such agreement and sale nor give any order for any alcoholic beverage
 to any individual who is not the holder of a solicitor's permit,  except
 as  provided  for  in  section SIXTY-THREE, SEVENTY-NINE, eighty-five or
 ninety-nine-g of this chapter.
   3-b. No retail licensee shall purchase, agree to purchase  or  receive
 any  alcoholic  beverage  except  from a person duly licensed within the
 state by the liquor authority to sell such  alcoholic  beverage  at  the
 time  of  such  agreement  and  sale  to such retail licensee, except as
 provided for in section SIXTY-THREE, SEVENTY-NINE, eighty-five or  nine-
 ty-nine-g of this chapter.
   § 4. This act shall take effect immediately.