S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1905
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2019
                                ___________
 
 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
 
 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 522 of the laws of 2018, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01444-02-9

 S. 1905                             2
 
 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;
   §  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 522 of the laws of 2018, 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, 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

 S. 1905                             3
 
 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.
   § 7. 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,  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 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.
   § 8. This act shall take effect immediately; provided,  however,  that
 if  chapter  522  of  the laws of 2018 shall not have taken effect on or
 before such date, sections two, six and seven of  this  act  shall  take
 effect on the same date as such chapter takes effect.