NY State Senate Bill 2019-S8392

Senate Bill S8392

2019-2020 Legislative Session

Permits licensees under the alcoholic beverage control law to sell and deliver alcoholic beverages for off-premises consumption; and provides for the repeal of such provisions upon the expiration thereof

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2020	referred to investigations and government operations

co-Sponsors

2019-S8392 (ACTIVE) - Details

See Assembly Version of this Bill:: A10550
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control
Versions Introduced in 2021-2022 Legislative Session:: A3116

2019-S8392 (ACTIVE) - Summary

2019-S8392 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8392

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act in relation to permitting licensees under the alcoholic beverage
control law to sell and deliver alcoholic beverages for off-premises
consumption; and providing for the repeal of such provisions upon the
expiration thereof

 
SUMMARY OF PROVISIONS:

This bill would allow, for two years after the expiration of the COVID-
19 state disaster emergency, any on-premises licensee and any manufac-
turing licensee with on-premises retail privileges to sell for off-prem-
ises consumption any alcoholic beverages that it is licensed to sell for
on-premises consumption.

The bill would require such beverages to be sold in closed/sealed
containers, accompanied by the purchase of food, and comply with open
container laws. It would allow such beverages to be sold via takeout or
delivery, and provide certain specifications as to the type of vehicle

that can be used for deliveries.  The bill would require hours of
takeout/delivery sales to be consistent with the County's required
on-premises hours of operation or the hours of operation set forth in
the licensee's method of operation with the SLA.

To ensure community input, the bill would require the SLA to conduct
regular outreach to municipalities and community boards to solicit
comment and report to the Legislature and Governor within 6 months on
the implementation of the act. The SLA would also be required to hold
three hearings on the law between 4 months and 2 months before the law
is set to expire - One in NYC, one in Western NY, and one in the Capital
Region.

The bill would elso permit the SLA to suspend or. revoke z licensee's
ability to sell alcoholic beverages for off-premises consumption, after
a hearing. Municipalities and community boards would be permitted to
express an opinion for or against allowing the licensee to continue to
do so.

 
JUSTIFICATION:

New York's bars, restaurants, hotels, clubs, breweries, wineries, and
other businesses that engage in the sale of alcohol have been devastated
by the COVID-l9 pandemic. According to a survey conducted by the New
York City Hospitality Alliance, 87.l' of the 483 businesses surveyed
could not pay their May rent, or only paid a portion of it.

Social distancing restrictions and close-down orders have prohibited
these businesses from offering dine-in service, forcing them to dras-
tically reduce their workforce and exacerbating economic struggles for
workers who were already more likely to face financial insecurity and
lack of comprehensive health care and benefits than workers in most
other industries.

Many iconic establishments are in such dire financial circumstances that
they may be forced to close forever. This would be a major, crushing
loss for our state - these businesses help make New York a unique,
exciting cultural destination unlike anywhere else on the planet. New
York must provide creative solutions for these businesses to help them
survive the pandemic and the resulting economic depression.

Executive Order 202.3 allowed any retail on-premises licensee under the
Alcoholic Beverage Control Law to sell any alcoholic beverages for off-
premises consumption that the licensee is permitted to sell for on-prem-
ises consumption. Given that consumers are likely to be cautious about
being in crowded spaces for an extended period of time, this bill would
continue to grant this ability for two years after New York's COVID-19
state of emergency declaration expires.

To ensure that local communities are able to provide input on the imple-
mentation of the law, it would also require the SLA to regularly consult
with municipalities and community boards to solicit their feedback, and
to conduct public hearings across the state to solicit public comment
about the effects of this new policy.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately, and shall expire and be deemed
repealed two years after the expiration of the state disaster emergency,
as such term is defined in section 20 of the executive law, declared
pursuant to executive order 202 of 2020, as amended.

2019-S8392 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8392
 
                             I N  S E N A T E
 
                               May 21, 2020
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT in relation to permitting licensees under the alcoholic  beverage
   control  law  to sell and deliver alcoholic beverages for off-premises
   consumption; and providing for the repeal of such provisions upon  the
   expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. a. Notwithstanding  any  other  provision  of  law  to  the
 contrary,  any  on-premises licensee and any manufacturing licensee with
 on-premises retail privileges that is licensed pursuant to the alcoholic
 beverage control law may sell for off-premises consumption any alcoholic
 beverages that it is licensed to sell for on-premises consumption.
   b. Alcoholic beverages sold for off-premises consumption  pursuant  to
 this section:
   (i)  may  be  sold  in any closed or any sealed container of any size,
 provided that the sale of each container shall  be  accompanied  by  the
 purchase  of  food,  and  provided  further that sales of such alcoholic
 beverages shall comply with any applicable municipal ordinances relating
 to open containers;
   (ii) may be sold for takeout from the licensed  premises,  or  may  be
 delivered  to  the  residence  of a customer over the age of twenty-one,
 provided that deliveries shall be made in a  vehicle  permitted  by  the
 liquor  authority  or in a vehicle owned and operated or hired and oper-
 ated by the licensee or its employee, and provided further that  a  copy
 of  the  permit  or license must be present in such vehicle while making
 deliveries; and
   (iii) may  only  be  sold  for  off-premises  consumption  during  the
 on-premises  hours  of  operation of the county in which the premises is
 located or, if different, the  hours  of  operation  set  forth  in  the
 licensee's method of operation with the liquor authority.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16410-03-0

 S. 8392                             2
 
   c.  The provisions of this section shall not be construed to modify or
 limit any off-premises  privileges  afforded  by  a  licensee's  current
 license.
   d.  The  liquor  authority  shall  conduct regular outreach to munici-
 palities and community boards to solicit comment regarding the implemen-
 tation of this act and the effects of this act on local communities. Not
 later than six months after the effective date of this act,  the  liquor
 authority shall report to the governor and the legislature on the imple-
 mentation of this act, including a summary of comments the authority has
 received from municipalities and community boards.
   e.  Not  sooner  than four months and not later than two months before
 this act shall expire and be deemed repealed, the liquor authority shall
 conduct at least three public hearings to solicit public comment on  the
 implementation of this act and the effects of this act on local communi-
 ties,  one  of  which  shall  take place in the City of New York, one of
 which shall take place in Western New York, and one of which shall  take
 place in the Capital Region.
   f.  Notwithstanding any inconsistent provision of law to the contrary,
 the liquor authority may on its own initiative or on  complaint  of  any
 person  institute  proceedings to suspend or revoke a licensee's ability
 to sell alcoholic beverages for  off-premises  consumption  pursuant  to
 this  act after a hearing at which the licensee shall be given an oppor-
 tunity to be heard. Such proceedings and such hearing shall be  held  in
 such  manner  and  upon such notice as may be prescribed by the rules of
 the liquor authority, provided that:
   (i) the liquor authority shall give written notice to the licensee and
 the municipality or community board at least fifteen days in advance  of
 such hearing; and
   (ii)  a  municipality or community board may express an opinion for or
 against allowing such licensee to continue to sell  alcoholic  beverages
 for  off-premises  consumption  pursuant  to  this act. Any such opinion
 shall be deemed part of the record upon which the liquor authority makes
 its determination pursuant to this subdivision.
   g. The liquor authority may promulgate rules and regulations to imple-
 ment the provisions of this act.
   § 2. This act shall take effect immediately, and shall expire  and  be
 deemed  repealed  two  years  after the expiration of the state disaster
 emergency, as such term is defined in section 20 of the  executive  law,
 declared pursuant to executive order 202 of 2020, as amended.

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Senate Bill S8392

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Sponsored By

Brad Hoylman-Sigal