S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2340
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Economic Development
 
 AN ACT to amend the alcoholic beverage control law, in relation  to  the
   sale of tonic water, bitters and maraschino cherries at liquor stores
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of  section  63  of  the  alcoholic  beverage
 control  law,  as amended by chapter 360 of the laws of 2017, is amended
 to read as follows:
   4. No licensee under this section shall be engaged in any other  busi-
 ness  on  the  licensed premises. The sale of ANY OF THE FOLLOWING SHALL
 NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING  OF  THIS
 SUBDIVISION:
   (A) lottery tickets, when duly authorized and lawfully conducted[, the
 sale of];
   (B) corkscrews [or the sale of];
   (C) ice [or the sale of];
   (D)  publications,  including  prerecorded video and/or audio cassette
 tapes, or educational seminars, designed to help  educate  consumers  in
 their  knowledge  and appreciation of alcoholic beverages, as defined in
 section three of this chapter and allowed pursuant to their license[, or
 the sale of];
   (E) non-carbonated, non-flavored mineral  waters,  spring  waters  and
 drinking waters [or the sale of];
   (F)  glasses  designed for the consumption of wine, racks designed for
 the storage of wine, and  devices  designed  to  minimize  oxidation  in
 bottles of wine which have been uncorked[, shall not constitute engaging
 in another business within the meaning of this subdivision];
   (G) TONIC WATER;
   (H) BITTERS; AND
   (I) MARASCHINO CHERRIES.

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

                                                            LBD02296-01-9

 A. 2340                             2
 
   Any  fee obtained from the sale of an educational seminar shall not be
 considered as a fee for any tasting that may be offered during an educa-
 tional seminar, provided that such tastings are available to persons who
 have not paid to attend the seminar and all tastings  are  conducted  in
 accordance with section sixty-three-a of this article.
   §  2.  Paragraph  (a) of subdivision 1 of section 104 of the alcoholic
 beverage control law, as amended by chapter 2 of the laws  of  2013,  is
 amended to read as follows:
   (a)  No wholesaler shall be engaged in any other business on the prem-
 ises to be licensed; except  that  nothing  contained  in  this  chapter
 shall:  (1)  prohibit  a  beer wholesaler from (i) acquiring, storing or
 selling non-alcoholic snack foods, as defined in paragraph (b)  of  this
 subdivision, (ii) manufacturing, bottling, storing, or selling non-alco-
 holic  carbonated  beverages,  (iii)  manufacturing,  storing or selling
 non-alcoholic non-carbonated soft drinks, mineral waters, spring waters,
 drinking water, non-taxable malt  or  cereal  beverages,  juice  drinks,
 fruit  or vegetable juices, ice, liquid beverage mixes and dry or frozen
 beverage mixes, (iv) acquiring, storing or selling  wine  products,  (v)
 the  sale  of  promotional  items  on such premises, or (vi) the sale of
 tobacco products at retail by wholesalers who are licensed to sell  beer
 and  other  products  at retail; (2) prohibit a wholesaler authorized to
 sell wine from manufacturing, acquiring or selling wine merchandise,  as
 defined  in  paragraph  (d) of this subdivision; (3) prohibit a licensed
 winery or licensed farm winery from engaging in the business of  a  wine
 wholesaler  for  New  York  state labeled wines produced by any licensed
 winery or licensed farm winery or prohibit  such  wine  wholesaler  from
 exercising any of its rights pursuant to sections seventy-six and seven-
 ty-six-a  of  this  chapter provided that the operation of such beer and
 wine wholesalers business shall be subject to such rules and regulations
 as the liquor authority may prescribe; (4) prohibit  a  beer  wholesaler
 who  is  authorized  to  sell beer at retail from selling at retail: (i)
 candy, chewing gum and cough drops; (ii) non-refrigerated  salsa;  (iii)
 cigarette  lighters,  lighter fluid, matches and ashtrays; (iv) barbecue
 and picnic-related products and supplies, which shall include,  but  not
 be  limited  to,  charcoal, grills, propane gas, plastic and paper cups,
 paper or plastic tablecloths and coolers; (v) beer  making  and  brewing
 supplies  and  publications, which shall include, but not be limited to,
 books, magazines, equipment and ingredients; (vi) steins, mugs and other
 glassware appropriate for the consumption of beer,  malt  beverages  and
 wine  products; (vii) items typically used to serve beer and malt bever-
 ages including, but not limited to, taps, kegerators, koozies  and  beer
 socks;  (viii) lemons, limes and oranges, provided that no more than two
 dozen of each shall be displayed at any one time; (ix)  rock  salt,  ice
 and  snow  melting  compounds,  snow shovels; windshield washer solvent;
 firewood; beach umbrellas; sunglasses and sun  block;  and  (x)  prepaid
 telephone  cards;  [or](5)  prohibit the installation and operation of a
 single automated teller machine in the premises of a beer wholesaler who
 is authorized to sell beer at retail; OR (6) PROHIBIT  A  LIQUOR  WHOLE-
 SALER  FROM  TRANSPORTING OR SELLING TONIC WATER, BITTERS AND MARASCHINO
 CHERRIES. For  the  purposes  of  this  subdivision,  "automated  teller
 machine" means a device which is linked to the accounts and records of a
 banking  institution  and  which  enables consumers to carry out banking
 transactions, including but not limited to, account transfers, deposits,
 cash withdrawals, balance inquiries and loan payments.
   § 3. This act shall take effect immediately.