S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5319
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06165-01-1

 A. 5319                             2
 
 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, 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;
   §  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, 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.
   §  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, 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.

 A. 5319                             3
 
 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.
   §  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,  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 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.