S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8479
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   allowing bed and breakfasts to sell cider, liquor, beer and wine
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of  section  51  of  the  alcoholic  beverage
 control  law,  as amended by chapter 431 of the laws of 2014, is amended
 to read as follows:
   4. A licensed brewery may operate a restaurant, hotel,  AN  ESTABLISH-
 MENT  DESIGNATED AND COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST,
 catering establishment, or other food and drinking establishment  in  or
 adjacent  to the licensed premises and sell at such place, at retail for
 consumption on the premises, beer manufactured by the licensee  and  any
 New York state labeled beer. All of the provisions of this chapter rela-
 tive  to licenses to sell beer at retail for consumption on the premises
 shall apply so far as applicable to such licensee.  Notwithstanding  any
 other  provision  of  law,  the  licensed brewer may apply to the liquor
 authority for a license to sell beer,  wine  or  liquor  at  retail  for
 consumption on the premises at such establishment. All of the provisions
 of  this  chapter  relative  to licenses to sell beer, wine or liquor at
 retail for consumption on the premises shall apply so far as  applicable
 to such application.
   §  2.  Paragraph (g) of subdivision 2 of section 51-a of the alcoholic
 beverage control law, as amended by chapter 431 of the laws of 2014,  is
 amended to read as follows:
   (g)  operate  a  restaurant,  hotel,  AN  ESTABLISHMENT DESIGNATED AND
 COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST, catering  establish-
 ment,  or  other  food  and drinking establishment in or adjacent to the
 licensed premises and sell at such place, at retail for  consumption  on
 the  premises,  beer  and cider manufactured by the licensee and any New

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

                                                            LBD06925-03-7

 A. 8479                             2
 
 York state labeled beer or New York state  labeled  cider.  All  of  the
 provisions  of  this chapter relative to licenses to sell beer at retail
 for consumption on and off the premises shall apply so far as applicable
 to  such  licensee.    Notwithstanding  any  other provision of law, the
 licensed farm brewery may apply to the authority  for  a  license  under
 this chapter to sell other alcoholic beverages at retail for consumption
 on the premises at such establishment;
   §  3.  Subparagraph  (ii) of paragraph (f) of subdivision 2 of section
 58-c of the alcoholic beverage control law, as amended by chapter 431 of
 the laws of 2014, is amended to read as follows:
   (ii) operate a restaurant,  hotel,  AN  ESTABLISHMENT  DESIGNATED  AND
 COMMONLY  KNOWN AND OPERATED AS A BED AND BREAKFAST, catering establish-
 ment, or other food and drinking establishment in  or  adjacent  to  the
 licensed  premises  and sell at such place, at retail for consumption on
 the premises, cider manufactured by the licensee and any New York  state
 labeled  cider. All of the provisions of this chapter relative to licen-
 sees to selling cider at retail shall apply. Notwithstanding  any  other
 provision  of  law,  the licensed farm cidery may apply to the authority
 for a license under this chapter to sell other  alcoholic  beverages  at
 retail for consumption on the premises at such establishment;
   §  4. Subparagraph (ii) of paragraph (e) of subdivision 2-c of section
 61 of the alcoholic beverage control law, as amended by chapter  431  of
 the laws of 2014, is amended to read as follows:
   (ii)  operate  a  restaurant,  hotel,  AN ESTABLISHMENT DESIGNATED AND
 COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST, catering  establish-
 ment,  or  other  food  and drinking establishment in or adjacent to the
 licensed premises and sell at such place, at retail for  consumption  on
 the premises, liquor manufactured by the licensee and any New York state
 labeled  liquor.  All  of  the  provisions  of  this chapter relative to
 licenses to sell liquor at retail for consumption on the premises  shall
 apply  so  far as applicable to such licensee. Notwithstanding any other
 provision of law, the licensee may apply to the authority for a  license
 under  this  chapter  to  sell  other  alcoholic beverages at retail for
 consumption on the premises at such establishment.
   § 5. Subdivision 5-a of section 64 of the alcoholic  beverage  control
 law,  as added by chapter 480 of the laws of 2003, is amended to read as
 follows:
   5-a. Notwithstanding  the  provisions  of  subdivision  five  of  this
 section,  a liquor license may be issued under this section to an estab-
 lishment designated and commonly known and operated as a "bed and break-
 fast" regardless of whether or not a  restaurant  is  operated  in  such
 establishment[, provided that such license shall only permit the sale of
 alcoholic beverages to overnight guests of such establishment].
   §  6.  Subdivision 4-a of section 76 of the alcoholic beverage control
 law, as amended by chapter 431 of the laws of 2014, is amended  to  read
 as follows:
   4-a.  A licensed winery may operate a restaurant, hotel, AN ESTABLISH-
 MENT DESIGNATED AND COMMONLY KNOWN AS  A  BED  AND  BREAKFAST,  catering
 establishment,  or  other food and drinking establishment in or adjacent
 to the licensed premises and sell at such place, at retail for  consump-
 tion  on the premises, wine and wine products manufactured by the licen-
 see and any New York state labeled wine or New York state  labeled  wine
 product.  All  of the provisions of this chapter relative to licenses to
 sell wine at retail for consumption on the premises shall apply  so  far
 as  applicable  to such licensee. Notwithstanding any other provision of
 law, the licensed winery may apply to the authority for a license  under

 A. 8479                             3

 article four of this chapter to sell other alcoholic beverages at retail
 for consumption on the premises at such establishment.
   §  7.  Paragraph (f) of subdivision 2 of section 76-a of the alcoholic
 beverage control law, as amended by chapter 431 of the laws of 2014,  is
 amended to read as follows:
   (f)  operate  a  restaurant,  hotel,  AN  ESTABLISHMENT DESIGNATED AND
 COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST, catering  establish-
 ment,  or  other  food  and drinking establishment in or adjacent to the
 licensed premises and sell at such place, at retail for  consumption  on
 the premises, wine, cider and wine products manufactured by the licensee
 and any New York state labeled wine, New York state labeled cider or New
 York  state  labeled wine product. All of the provisions of this chapter
 relative to licenses to sell wine at retail for consumption on the prem-
 ises shall apply so far as applicable to such licensee.  Notwithstanding
 any other provision of law, the licensed winery may apply to the author-
 ity for a license under article four of this chapter to sell other alco-
 holic beverages at retail for consumption on the premises at such estab-
 lishment.
   § 8. This act shall take effect immediately.