S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1832
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 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, A hotel, AN ESTABLISH-
 MENT DESIGNATED AND COMMONLY KNOWN AND OPERATED AS A BED AND  BREAKFAST,
 A 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,  A hotel, AN ESTABLISHMENT DESIGNATED AND
 COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST,  A  catering  estab-
 lishment, 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.
              

                                                            LBD01444-03-9

 A. 1832                             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.  Paragraph (g) of subdivision 2 of section 51-a of the alcoholic
 beverage control law, as amended by chapter 522 of the laws of 2018,  is
 amended to read as follows:
   (g)  operate  a  restaurant,  A hotel, AN ESTABLISHMENT DESIGNATED AND
 COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST,  A  catering  estab-
 lishment, 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, cider, and braggot manufactured by the licensee  and
 any  New  York state labeled beer, New York state labeled braggot or New
 York state labeled cider. All of the provisions of this chapter relative
 to licenses to sell beer, cider, and braggot at retail  for  consumption
 on  and off the premises shall apply so far as applicable to such licen-
 see.   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;
   § 4. 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, A hotel, AN ESTABLISHMENT DESIGNATED AND
 COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST,  A  catering  estab-
 lishment, 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;
   §  5. 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, A hotel, AN ESTABLISHMENT DESIGNATED AND
 COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST,  A  catering  estab-
 lishment, 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.
   §  6.  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-

 A. 1832                             3
 
 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].
   §  7.  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, A hotel, AN ESTAB-
 LISHMENT DESIGNATED AND COMMONLY KNOWN AND OPERATED AS A BED AND  BREAK-
 FAST, A 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, wine and wine products  manufac-
 tured  by  the  licensee and any New York state labeled wine or New York
 state labeled wine product. All of the provisions of this chapter  rela-
 tive  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 article four of this chapter to sell other alcoholic
 beverages at retail for consumption on the premises at  such  establish-
 ment.
   §  8.  Subdivision 4-a of section 76 of the alcoholic beverage control
 law, as amended by chapter 522 of the laws of 2018, is amended  to  read
 as follows:
   4-a.  A  licensed  winery may operate a restaurant, A hotel, AN ESTAB-
 LISHMENT DESIGNATED AND COMMONLY KNOWN AND OPERATED AS A BED AND  BREAK-
 FAST, A 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, wine,  mead  and  wine  products
 manufactured  by  the licensee and any New York state labeled wine, mead
 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 article four of this  chapter
 to sell other alcoholic beverages at retail for consumption on the prem-
 ises at such establishment.
   §  9.  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,  A hotel, AN ESTABLISHMENT DESIGNATED AND
 COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST,  A  catering  estab-
 lishment, 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.
   § 10. Paragraph (f) of subdivision 2 of section 76-a of the  alcoholic
 beverage  control law, as amended by chapter 522 of the laws of 2018, is
 amended to read as follows:
   (f) operate a restaurant, A hotel,  AN  ESTABLISHMENT  DESIGNATED  AND
 COMMONLY  KNOWN  AND  OPERATED AS A BED AND BREAKFAST, A catering estab-

 A. 1832                             4
 
 lishment, 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 mead manufactured by the licensee and any
 New  York  state  labeled  wine,  New York state labeled cider, New York
 state labeled mead 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 farm
 winery 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.
   § 11. This act shall take effect immediately; provided however, that:
   (a)  the  amendments to paragraph (g) of subdivision 2 of section 51-a
 of the alcoholic beverage control law made by section three of this  act
 shall  take effect on the same date and in the same manner as section 10
 of chapter 522 of the laws of 2018, takes effect;
   (b) the amendments to subdivision 4-a of section 76 of  the  alcoholic
 beverage control law made by section eight of this act shall take effect
 on  the same date and in the same manner as section 18 of chapter 522 of
 the laws of 2018, takes effect; and
   (c) the amendments to paragraph (f) of subdivision 2 of  section  76-a
 of  the  alcoholic  beverage control law made by section ten of this act
 shall take effect on the same date and in the same manner as section  21
 of chapter 522 of the laws of 2018, takes effect.
   Effective  immediately  the  addition,  amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 date.