S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7732
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
   Committee on Economic Development
 
 AN ACT permitting a retail licensee for  on-premises  consumption  or  a
   manufacturer  with  retail  on-premises consumption privileges to sell
   for takeout and deliver alcoholic beverages for off-premises  consump-
   tion;  and providing for the repeal of such provisions upon expiration
   thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. (a) The intent of this act is to provide relief to a retail
 licensee  for  on-premises  consumption  or  a  manufacturer with retail
 on-premises consumption privileges, as provided  for  in  the  alcoholic
 beverage  control law, in relation to permitting the takeout or delivery
 of alcoholic beverages.
   (b) Notwithstanding any other provision of  law  to  the  contrary,  a
 retail  licensee  for  on-premises  consumption  or  a manufacturer with
 retail on-premises consumption privileges, as provided for in the  alco-
 holic  beverage  control  law and licensed by the state liquor authority
 (hereinafter referred to as "the authority"),  and  in  accordance  with
 their license, may sell for takeout or delivery certain alcoholic bever-
 ages  that it is currently licensed to sell for on-premises consumption.
 Such licensee may only sell for takeout or deliver for  consumption  off
 the  premises  alcoholic  beverages containing wine, mead, or liquor for
 which such licensee is licensed to sell for consumption on the  premises
 to  a  person  twenty-one  years  of age or older. A retail licensee for
 on-premises  consumption  or  a  manufacturer  with  retail  on-premises
 consumption privileges shall only permit the takeout or delivery sale of
 authorized alcoholic beverages:
   (i) only with the purchase of an entree or meal;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11182-05-1

              

 A. 7732                             2
 
   (ii) the alcoholic beverages are packaged in a container with a secure
 lid  or  cap  sealed in a manner designed to prevent consumption without
 removal of the lid or cap by breaking the seal;
   (iii)  per  entree or meal and in individually sized servings that are
 either in manufacturer  sealed  containers  or  containers  provided  by
 licensees  that  meet  the requirements of this act: up to two servings,
 not to exceed five fluid ounces of wine or mead per serving; a  serving,
 not to exceed ten fluid ounces of wine or mead which shall be mixed with
 any  non-alcoholic beverage; or, up to two servings, not to exceed three
 fluid ounces of liquor per serving which may be mixed with any non-alco-
 holic beverage;
   (iv) takeout or delivery of alcoholic beverages  are  consistent  with
 state  and  municipal  open  container laws, rules, regulations or ordi-
 nances;
   (v) takeout and delivery are only authorized during licensed hours  of
 operation of the county in which the premises are located or, if differ-
 ent, the hours of operation set forth in the licensee's method of opera-
 tion with the authority; and
   (vi)  It  shall  be  unlawful  for  a  retail licensee for on-premises
 consumption or a manufacturer with retail on-premises consumption privi-
 leges, pursuant to this act: (A) to sell for takeout or  delivery  alco-
 holic  beverages  in quantities greater than otherwise permitted by this
 act; such prohibition shall be inclusive of full bottles of  wine,  mead
 or liquor; (B) to advertise or promote the sale of full bottles of wine,
 mead,  or  liquor  for  off-premises consumption; or (C) to display full
 bottles of wine, mead, or liquor for the purpose of promoting  the  sale
 of such products for off-premises consumption.
   (c)  Deliveries  made  via  motor  vehicle shall only be made in (i) a
 vehicle permitted by the authority, or (ii) in a vehicle owned and oper-
 ated, or hired and operated, by the licensee or its employee;  provided,
 that  a  copy  of  the permit or license must be present in such vehicle
 while making deliveries. Delivery drivers shall be  required  to  verify
 that  delivery  of alcoholic beverages shall only be to those twenty-one
 years of age and older.
   (d) Nothing in this act shall be  construed  to  change  the  existing
 privilege of a retail licensee for on-premises consumption or a manufac-
 turer  with  retail  on-premises  consumption privileges to sell beer or
 cider for consumption off the premises as currently provided for in  the
 alcoholic  beverage  control  law.    Provided,  further,  that  nothing
 contained in this act shall be deemed to  supersede  the  provisions  of
 section 1227 of the vehicle and traffic law.
   (e)  The  authority  may  promulgate  guidance,  rules and regulations
 necessary to implement the provisions of this act.
   (f) The authority may, on its own initiative or on  complaint  of  any
 person,  institute proceedings to suspend or revoke a licensee's ability
 to sell for takeout or delivery alcoholic beverages pursuant to this act
 after a hearing, in accordance with section 119 of the alcoholic  bever-
 age control law, at which such licensee shall be given an opportunity 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
 authority.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed one year after it shall have become a law.