Assembly Bill A10534A

2019-2020 Legislative Session

Authorizes retail licensees for on-premises consumption to sell and/or deliver alcoholic beverages for consumption off the premises

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2019-A10534 - Details

See Senate Version of this Bill:
S8565
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §106, ABC L
Versions Introduced in 2021-2022 Legislative Session:
A3806, S589, S8184

2019-A10534 - Summary

Authorizes retail licensees for on-premises consumption to sell and/or deliver alcoholic beverages for consumption off the premises, within certain size limitations, that such licensees are currently licensed to sell.

2019-A10534 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10534
 
                           I N  A S S E M B L Y
 
                               May 28, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Cymbrowitz)
   -- read once and referred to the Committee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   authorizing  retail  licensees  for  on-premises  consumption  to sell
   and/or deliver alcoholic beverages for consumption off the premises

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section 106 of the alcoholic beverage
 control law, as amended by chapter 297 of the laws of 2016,  is  amended
 and a new subdivision 3-a is added to read as follows:
   3.  [No] EXCEPT AS PROVIDED IN SUBDIVISION THREE-A OF THIS SECTION, NO
 retail licensee for on-premises consumption shall sell, deliver or  give
 away,  or cause or permit or procure to be sold, delivered or given away
 any liquors and/or wines for consumption off the  premises  where  sold.
 The  provisions of this subdivision shall not prohibit a licensed winery
 or farm winery from allowing a patron to leave the winery or farm winery
 with a partially consumed bottle of wine provided that  the  removal  of
 the bottle is done in accordance with subdivision four of section eight-
 y-one of this chapter.
   3-A. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
 RETAIL  LICENSEE  FOR  ON-PREMISES  CONSUMPTION,  UPON  APPROVAL  BY THE
 AUTHORITY, MAY SELL  AND/OR  DELIVER  CERTAIN  ALCOHOLIC  BEVERAGES  FOR
 CONSUMPTION  OFF  THE  PREMISES  WHERE SOLD. SUCH LICENSEE MAY ONLY SELL
 AND/OR DELIVER FOR CONSUMPTION OFF THE PREMISES ALCOHOLIC BEVERAGES  FOR
 WHICH SUCH LICENSEE IS LICENSED TO SELL FOR CONSUMPTION ON THE PREMISES.
   (B)  A  RETAIL  LICENSEE FOR ON-PREMISES CONSUMPTION SHALL ONLY PERMIT
 THE SALE OR DELIVERY OF ALCOHOLIC BEVERAGES:
   (I) WITH THE PURCHASE OF FOOD;
   (II) IN ANY CLOSED OR SEALED CONTAINER NOT  TO  EXCEED  SIXTEEN  FLUID
 OUNCES  PER CONTAINER FOR BEER OR CIDER, FIVE FLUID OUNCES PER CONTAINER
 FOR WINE, AND TEN FLUID OUNCES PER CONTAINER FOR LIQUOR MIXED WITH  NON-
 ALCOHOLIC  BEVERAGES,  PROVIDED SUCH SALE OR DELIVERY IS CONSISTENT WITH
 MUNICIPAL OPEN CONTAINER ORDINANCES; AND
   (III) DURING LICENSED HOURS OF OPERATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2019-A10534A (ACTIVE) - Details

See Senate Version of this Bill:
S8565
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §106, ABC L
Versions Introduced in 2021-2022 Legislative Session:
A3806, S589, S8184

2019-A10534A (ACTIVE) - Summary

Authorizes retail licensees for on-premises consumption to sell and/or deliver alcoholic beverages for consumption off the premises, within certain size limitations, that such licensees are currently licensed to sell.

2019-A10534A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10534--A
 
                           I N  A S S E M B L Y
 
                               May 28, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Cymbrowitz)
   -- read once and referred to the Committee on Economic Development  --
   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
   authorizing  retail  licensees  for  on-premises  consumption  to sell
   and/or deliver alcoholic beverages for consumption off the premises
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section 106 of the alcoholic beverage
 control law, as amended by chapter 297 of the laws of 2016,  is  amended
 and a new subdivision 3-a is added to read as follows:
   3.  [No] EXCEPT AS PROVIDED IN SUBDIVISION THREE-A OF THIS SECTION, NO
 retail licensee for on-premises consumption shall sell, deliver or  give
 away,  or cause or permit or procure to be sold, delivered or given away
 any liquors and/or wines for consumption off the  premises  where  sold.
 The  provisions of this subdivision shall not prohibit a licensed winery
 or farm winery from allowing a patron to leave the winery or farm winery
 with a partially consumed bottle of wine provided that  the  removal  of
 the bottle is done in accordance with subdivision four of section eight-
 y-one of this chapter.
   3-A. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
 RETAIL  LICENSEE  FOR  ON-PREMISES  CONSUMPTION,  UPON  APPROVAL  BY THE
 AUTHORITY, MAY SELL AND/OR DELIVER CERTAIN ALCOHOLIC BEVERAGES  CONTAIN-
 ING  WINE,  MEAD, OR LIQUOR FOR CONSUMPTION OFF THE PREMISES WHERE SOLD.
 SUCH LICENSEE MAY ONLY SELL AND/OR DELIVER FOR CONSUMPTION OFF THE PREM-
 ISES ALCOHOLIC BEVERAGES CONTAINING WINE, MEAD, OR LIQUOR FOR WHICH SUCH
 LICENSEE IS LICENSED TO SELL FOR CONSUMPTION ON THE PREMISES.
   (B) A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION  SHALL  ONLY  PERMIT
 THE  SALE  OR  DELIVERY OF ALCOHOLIC BEVERAGES CONTAINING WINE, MEAD, OR
 LIQUOR:
   (I) WITH THE PURCHASE OF FOOD;
   (II) IN ANY CLOSED OR SEALED CONTAINER NOT TO EXCEED FIVE FLUID OUNCES
 PER CONTAINER FOR WINE OR MEAD, THIRTY-TWO FLUID  OUNCES  PER  CONTAINER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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