S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6276--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment  and  Small  Business  --  committee  discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06925-02-7

 S. 6276--A                          2
 
 licensed premises and sell at such place, at retail for  consumption  on
 the  premises,  beer  and cider manufactured by the licensee and any New
 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

 S. 6276--A                          3
 
 as applicable to such licensee. Notwithstanding any other  provision  of
 law,  the licensed winery may apply to the authority for a license under
 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.