S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9685
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   permitting  the  sale  or promotional gifting of certain complementary
   products for wine and spirits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Paragraph (a) of subdivision 1 of section 104 of the alco-
 holic 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)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15107-01-2
 A. 9685                             2
 
 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 GIFTS OR PROMOTIONAL ITEMS ASSOCIATED
 WITH WINE OR SPIRIT PRODUCTS.   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  consum-
 ers  to  carry  out  banking transactions, including but not limited to,
 account transfers, deposits, cash  withdrawals,  balance  inquiries  and
 loan payments.
   §  2. Paragraph (a) of subdivision 3 of section 101-b of the alcoholic
 beverage control law, as amended by section 1 of part E of chapter 56 of
 the laws of 2006, is amended to read as follows:
   (a) No brand of liquor or wine shall be sold  to  or  purchased  by  a
 wholesaler,  irrespective  of  the  place  of sale or delivery, unless a
 schedule, as provided by this section, is transmitted to and received by
 the liquor authority, and is then in  effect.  Such  schedule  shall  be
 transmitted  to the authority in such form, manner, medium and format as
 the authority may direct; shall be deemed duly verified  by  the  person
 submitting  such  schedule  upon  its transmission to the authority; and
 shall contain, with respect to each item, the exact brand or trade name,
 capacity of package, nature of contents, age and proof where  stated  on
 the  label, the number of bottles contained in each case, the bottle and
 case price to wholesalers, the net bottle and case  price  paid  by  the
 seller,  which  prices,  in  each instance, shall be individual for each
 item and not in "combination" with any other  item,  the  discounts  for
 quantity,  if  any,  and the discounts for time of payment, if any. Such
 brand of liquor or wine shall not be sold to wholesalers except  at  the
 price  and  discounts  then in effect unless prior written permission of
 the authority is granted for good cause shown and for reasons not incon-
 sistent with the purpose of this chapter. Such schedule shall be  trans-
 mitted  by (1) the owner of such brand, or (2) a wholesaler selling such
 brand and who is designated as agent for  the  purpose  of  filing  such
 schedule  if the owner of the brand is not licensed by the authority, or
 (3) with the approval of the authority, by a wholesaler,  in  the  event
 that  the  owner of the brand is unable to transmit a schedule or desig-
 nate an agent for such purpose. As used in  this  subdivision  the  term
 "item" shall be deemed to include a sealed, pre-wrapped package consist-
 ing  of a sealed container OR CONTAINERS of liquor, wine or wine product
 and other merchandise reasonably used in connection  with  the  prepara-
 tion,  storage,  PROMOTION,  GIFTING, or service of liquor, wine or wine
 products provided that such other merchandise shall not  be  potable  or
 edible.
 A. 9685                             3
 
   §  3.  Subdivision  4  of section 63 of the alcoholic beverage control
 law, as amended by section 3 of part H of chapter  58  of  the  laws  of
 2019, 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 lottery  tickets,  when  duly
 authorized  and lawfully conducted, the sale of reusable bags as defined
 in section 27-2801 of the environmental conservation law,  the  sale  of
 corkscrews  or  the  sale  of ice or the sale of 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 non-carbonated, non-
 flavored mineral waters, spring waters and drinking waters or  the  sale
 of  glasses  designed  for  the  consumption  of  wine OR SPIRITS, racks
 designed for the storage of  wine,  and  devices  designed  to  minimize
 oxidation  in  bottles  of wine which have been uncorked, or the sale of
 gift bags, gift boxes, ASSOCIATED PROMOTIONAL ITEMS,  or  wrapping,  for
 alcoholic beverages purchased at the licensed premises shall not consti-
 tute  engaging  in  another business within the meaning of this subdivi-
 sion. 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
 educational  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.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.