S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3112
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by Sens. KRUEGER, LIU -- read twice and ordered printed, and
   when printed to be committed to the Committee  on  Commerce,  Economic
   Development and Small Business
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   enacting the wine industry and liquor store revitalization act; and to
   repeal certain provisions of such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be  known and may be cited as the "wine
 industry and liquor store revitalization act".
   § 2. Subdivisions 4 and 5 of section  63  of  the  alcoholic  beverage
 control  law, subdivision 4 as amended by section 3 of part H of chapter
 58 of the laws of 2019, are amended and five new subdivisions 7,  8,  9,
 10 and 11 are added to read as follows:
   4.  (A)  No  licensee under this section shall be engaged in any other
 business on the licensed premises. The SALE OF PRODUCTS COMPLEMENTARY TO
 THE BUSINESS OF THE LICENSED PREMISES SHALL NOT CONSTITUTE  ENGAGING  IN
 ANOTHER  BUSINESS  WITHIN THE MEANING OF THIS SUBDIVISION. SUCH PRODUCTS
 SHALL INCLUDE BUT NOT BE LIMITED TO 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-car-
 bonated, non-flavored mineral waters, spring waters and drinking waters]
 NON-ALCOHOLIC  BEVERAGES  FOR  CONSUMPTION ON OR OFF PREMISES, INCLUDING
 BUT NOT LIMITED TO BOTTLED WATER, JUICE AND SODA BEVERAGES, OR THE  SALE
 OF TOBACCO PRODUCTS OR HERBAL CIGARETTES, PROVIDED THE LICENSEE COMPLIES
 WITH  SECTION  THIRTEEN HUNDRED NINETY-NINE-CC OF THE PUBLIC HEALTH LAW,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07340-01-1

 S. 3112                             2
 
 OR THE SALE AT RETAIL OF CIGARS  WHICH  HAVE  BEEN  PREPACKAGED  BY  THE
 MANUFACTURER  IN  BOXES  OF  TEN  OR  MORE,  OR THE SALE OF PUBLICATIONS
 DESIGNED TO HELP EDUCATE CONSUMERS IN THEIR KNOWLEDGE  AND  APPRECIATION
 OF  CIGAR  PRODUCTS, OR FOOD ITEMS, WHICH SHALL INCLUDE LOCALLY PRODUCED
 FARM PRODUCTS AND ANY FOOD OR FOOD PRODUCT NOT SPECIFICALLY PREPARED FOR
 IMMEDIATE CONSUMPTION UPON THE PREMISES, OR THE SALE OF  GIFT  BAGS  AND
 GIFT  BASKETS  INCLUDING,  BUT NOT LIMITED TO, SHOT GLASSES, SINGLE MALT
 SCOTCH GLASSES, GRAPPA GLASSES, DECANTERS, OTHER GLASSWARE, FOOD OR FARM
 PRODUCTS NOT SPECIFICALLY PREPARED FOR IMMEDIATE  CONSUMPTION  UPON  THE
 PREMISES,  ALL  OF  WHICH IS RELATED TO THE CONSUMPTION AND ENJOYMENT OF
 WINE AND SPIRITS or the sale of glasses designed for the consumption  of
 wine,  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, or wrapping, for alcoholic beverages
 purchased at the licensed premises  shall  not  constitute  engaging  in
 another  business  within  the  meaning  of  this  subdivision.  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 semi-
 nar, 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.
   (B) THE INSTALLATION AND OPERATION OF AUTOMATED TELLER MACHINES  SHALL
 NOT  CONSTITUTE  ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF THIS
 SUBDIVISION.  FOR  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 CONSUMERS TO CARRY OUT BANKING
 TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, ACCOUNT  TRANSFERS,  DEPOS-
 ITS, CASH WITHDRAWALS, BALANCE INQUIRIES, AND LOAN PAYMENTS.
   5.  [Not more than one license shall be] NOTHING IN THIS SECTION SHALL
 BE CONSTRUED TO PROHIBIT MULTIPLE LICENSES FROM  BEING  granted  to  any
 person under this section.
   7.  ANY  LICENSE OBTAINED UNDER THIS SECTION INCLUDES AUTHORIZATION TO
 SELL ALCOHOLIC BEVERAGES FOR RESALE TO LICENSED PREMISES FOR ON-PREMISES
 CONSUMPTION   AS   LICENSED   BY   SECTIONS   FIFTY-FIVE,    SIXTY-FOUR,
 SIXTY-FOUR-A, SEVENTY-NINE-B, AND EIGHTY-ONE OF THIS CHAPTER AS PROVIDED
 IN  SUBDIVISIONS  THREE-A AND THREE-B OF SECTION ONE HUNDRED TWO OF THIS
 CHAPTER.
   8. COMMENCING ON THE EFFECTIVE DATE OF THIS SUBDIVISION, NO ADDITIONAL
 LICENSES SHALL BE ISSUED PURSUANT TO THIS SECTION EXCEPT AS OUTLINED  IN
 SUBDIVISION  NINE  OF  THIS  SECTION. THE PROVISIONS OF THIS SUBDIVISION
 SHALL NOT APPLY TO (A) THE RENEWAL, TRANSFER OR CONTINUANCE OF A LICENSE
 PURSUANT TO THIS CHAPTER, (B) AN APPLICATION FOR A LICENSE FILED  BEFORE
 THE EFFECTIVE DATE OF THIS SUBDIVISION, (C) THE ISSUANCE OF A LICENSE IN
 ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS  CHAPTER,  TO  A  PERSON WHO
 PURCHASED THE BUSINESS OPERATIONS OF A LICENSEE, PROVIDED, HOWEVER, THAT
 ANY PERSON LICENSED UNDER THIS SECTION SHALL MAKE AN APPLICATION TO  THE
 LIQUOR AUTHORITY PRIOR TO SELLING ITS LICENSE TO ANOTHER PERSON.
   9. ANY EXISTING LICENSE ISSUED UNDER THIS SECTION WHICH IS CANCELED OR
 REVOKED  BY  THE  LIQUOR  AUTHORITY  MAY BE AUCTIONED OFF TO THE HIGHEST
 BIDDER, PROVIDED THAT THE PERSON MEETS ALL THE APPLICABLE  REQUIREMENTS.
 THE  AMOUNT  OF  THE  SALE OF THE EXISTING LICENSE AS AUTHORIZED IN THIS
 SUBDIVISION SHALL BE SUBJECT  TO  SALES  AND  COMPENSATING  USE  TAX  AS
 IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF THE TAX LAW.
   10.  EACH EXISTING LICENSEE SHALL BE AUTHORIZED TO APPLY FOR ONE ADDI-
 TIONAL LICENSE FOR RETAIL SALE OF LIQUOR FOR CONSUMPTION OFF  THE  PREM-
 ISES FOR USE IN THE ESTABLISHMENT OF ANOTHER LICENSED PREMISES, PROVIDED

 S. 3112                             3

 HOWEVER,   THE   ADDITIONAL   PREMISES   COMPLIES  WITH  ALL  APPLICABLE
 RESTRICTIONS AND REQUIREMENTS. THE  ADDITIONAL  LICENSE  ISSUED  BY  THE
 AUTHORITY  UNDER  THIS  SUBDIVISION  MAY  BE SOLD PROVIDED THE PURCHASER
 MEETS  ALL APPLICABLE REQUIREMENTS, WHICH SALE SHALL BE SUBJECT TO SALES
 AND COMPENSATING USE TAX AS IMPOSED BY SECTION ELEVEN  HUNDRED  FIVE  OF
 THE  TAX  LAW. THE AUTHORIZATION FOR THE ESTABLISHMENT OF A NEW PREMISES
 OR SALE OF THE ADDITIONAL LICENSE UNDER THIS  SUBDIVISION  SHALL  EXPIRE
 THREE YEARS FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.
   11.  THE AUTHORITY IS AUTHORIZED TO AUCTION OFF TO THE HIGHEST BIDDER,
 PROVIDED THAT THE PERSON MEETS ALL THE  APPLICABLE  REQUIREMENTS,  ADDI-
 TIONAL  LICENSES  FOR  THE  SALE OF LIQUOR OR WINE OR BOTH AT RETAIL FOR
 CONSUMPTION OFF THE PREMISES. THE REVENUE FROM THIS SALE SHALL BE  ALLO-
 CATED FOR THE INCREASED LICENSURE AND ENFORCEMENT EFFORTS OF THE AUTHOR-
 ITY.  THE  AUTHORITY  SHALL  BE  AUTHORIZED TO SELL NO MORE THAN FIFTEEN
 ADDITIONAL LICENSES EVERY TWO YEARS, BEGINNING ON APRIL FIRST, TWO THOU-
 SAND TWENTY-FOUR.
   § 3. Section 79 of the alcoholic beverage control law  is  amended  by
 adding four new subdivisions 5, 6, 7 and 8 to read as follows:
   5.  ANY  LICENSE OBTAINED UNDER THIS SECTION INCLUDES AUTHORIZATION TO
 SELL ALCOHOLIC BEVERAGES FOR RESALE TO LICENSED PREMISES FOR ON-PREMISES
 CONSUMPTION   AS   LICENSED   BY   SECTIONS   FIFTY-FIVE,    SIXTY-FOUR,
 SIXTY-FOUR-A, SEVENTY-NINE-B, AND EIGHTY-ONE OF THIS CHAPTER AS PROVIDED
 IN  SUBDIVISIONS  THREE-A AND THREE-B OF SECTION ONE HUNDRED TWO OF THIS
 CHAPTER.
   6. COMMENCING ON THE EFFECTIVE DATE OF THIS SUBDIVISION, NO ADDITIONAL
 LICENSES SHALL BE ISSUED PURSUANT TO THIS SECTION EXCEPT AS OUTLINED  IN
 SUBDIVISION  SEVEN  OF  THIS SECTION. THE PROVISIONS OF THIS SUBDIVISION
 SHALL NOT APPLY TO (A) THE RENEWAL, TRANSFER OR CONTINUANCE OF A LICENSE
 PURSUANT TO THIS CHAPTER, (B) AN APPLICATION FOR A LICENSE FILED  BEFORE
 THE EFFECTIVE DATE OF THIS SUBDIVISION, (C) THE ISSUANCE OF A LICENSE IN
 ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS  CHAPTER,  TO  A  PERSON WHO
 PURCHASED THE BUSINESS OPERATIONS OF A LICENSEE, PROVIDED, HOWEVER, THAT
 ANY PERSON LICENSED UNDER THIS SECTION SHALL MAKE AN APPLICATION TO  THE
 LIQUOR AUTHORITY PRIOR TO SELLING ITS LICENSE TO ANOTHER PERSON.
   7. ANY EXISTING LICENSE ISSUED UNDER THIS SECTION WHICH IS CANCELED OR
 REVOKED  BY  THE  LIQUOR  AUTHORITY  MAY BE AUCTIONED OFF TO THE HIGHEST
 BIDDER, PROVIDED THAT THE PERSON MEETS ALL THE APPLICABLE  REQUIREMENTS.
 THE  AMOUNT  OF  THE  SALE OF THE EXISTING LICENSE AS AUTHORIZED IN THIS
 SUBDIVISION SHALL BE SUBJECT  TO  SALES  AND  COMPENSATING  USE  TAX  AS
 IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF THE TAX LAW.
   8.  EACH  EXISTING LICENSEE SHALL BE AUTHORIZED TO APPLY FOR ONE ADDI-
 TIONAL LICENSE FOR RETAIL SALE OF LIQUOR FOR CONSUMPTION OFF  THE  PREM-
 ISES FOR USE IN THE ESTABLISHMENT OF ANOTHER LICENSED PREMISES, PROVIDED
 HOWEVER,   THE   ADDITIONAL   PREMISES   COMPLIES  WITH  ALL  APPLICABLE
 RESTRICTIONS AND REQUIREMENTS. THE  ADDITIONAL  LICENSE  ISSUED  BY  THE
 AUTHORITY  UNDER THIS SUBDIVISION AS WELL AS ANY EXISTING LICENSE ISSUED
 UNDER THIS SECTION MAY BE SOLD PROVIDED THE PURCHASER MEETS ALL APPLICA-
 BLE REQUIREMENTS, WHICH SALE SHALL BE SUBJECT TO SALES AND  COMPENSATING
 USE  TAX  AS  IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF THE TAX LAW. THE
 AUTHORIZATION FOR THE ESTABLISHMENT OF A NEW PREMISES  OR  SALE  OF  THE
 ADDITIONAL  LICENSE UNDER THIS SUBDIVISION SHALL EXPIRE THREE YEARS FROM
 THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 4. Section 83 of the alcoholic beverage control law  is  amended  by
 adding a new subdivision 10 to read as follows:
   10.  THE  ANNUAL FEE FOR A GROCERY OR DRUG STORE WINE LICENSE PURSUANT
 TO SECTION SEVENTY-NINE-E OF THIS  ARTICLE  SHALL  BE  ONE  HUNDRED  TEN

 S. 3112                             4
 
 DOLLARS. WHERE, HOWEVER, THE APPLICANT IS THE HOLDER OF TWO OR MORE SUCH
 LICENSES, THE ANNUAL FEE FOR EACH ADDITIONAL LICENSE SHALL BE DOUBLE THE
 AMOUNT HEREINABOVE SET FORTH.
   §  5. Subdivision 2-a of section 100 of the alcoholic beverage control
 law, as amended by chapter 249 of the laws of 2002, is amended  to  read
 as follows:
   2-a.  No  retailer  shall  employ,  or permit to be employed, or shall
 suffer to work, on any premises licensed for retail sale hereunder,  any
 person  under the age of eighteen years, as a hostess, waitress, waiter,
 or in any other capacity where the duties  of  such  person  require  or
 permit  such  person  to  sell,  dispense or handle alcoholic beverages;
 except that: (1) any person under the age of eighteen years and employed
 by any person holding a grocery or drug  store  beer  license  shall  be
 permitted  to  handle and deliver beer and wine products for such licen-
 see, (2) any person under the age of eighteen employed as a cashier by a
 person holding a grocery or drug store beer license shall  be  permitted
 to  record  and  receive payment for beer and wine product sales when in
 the presence of and under the direct supervision of  a  person  eighteen
 years  of  age or over, (2-a) any person under the age of eighteen years
 and employed by a person holding a grocery  store  or  drug  store  beer
 license  as  either a cashier or in any other position to which handling
 of containers which may have  held  alcoholic  beverages  is  necessary,
 shall  be permitted to handle the containers if such have been presented
 for redemption in accordance with the provisions of title ten of article
 twenty-seven of the environmental conservation law, [and] (3) any person
 under the age of eighteen years employed as  a  dishwasher,  busboy,  or
 other  such  position  as to which handling of containers which may have
 held alcoholic beverages is necessary shall be permitted to do so  under
 the  direct  supervision  of a person of legal age to purchase alcoholic
 beverages in the state, (4) ANY PERSON UNDER THE AGE OF  EIGHTEEN  YEARS
 AND  EMPLOYED BY ANY PERSON HOLDING A GROCERY OR DRUG STORE WINE LICENSE
 SHALL BE PERMITTED TO HANDLE AND DELIVER WINE FOR SUCH LICENSEE, AND (5)
 ANY PERSON UNDER THE AGE OF EIGHTEEN EMPLOYED AS A CASHIER BY  A  PERSON
 HOLDING  A  GROCERY  OR  DRUG  STORE  WINE LICENSE SHALL BE PERMITTED TO
 RECORD AND RECEIVE PAYMENT FOR WINE WHEN IN THE PRESENCE  OF  AND  UNDER
 THE DIRECT SUPERVISION OF A PERSON EIGHTEEN YEARS OF AGE OR OVER.
   §  6.  Section 100 of the alcoholic beverage control law is amended by
 adding a new subdivision 2-c to read as follows:
   2-C. NO PERSON SHALL SELL, DELIVER OR GIVE AWAY OR CAUSE OR PERMIT  OR
 PROCURE  TO  BE SOLD, DELIVERED OR GIVEN AWAY ANY ALCOHOLIC BEVERAGES TO
 ANY PERSON, ACTUALLY OR APPARENTLY, UNDER THE AGE OF  TWENTY-ONE  YEARS.
 AS  A  PRECONDITION TO THE SALE OF ANY ALCOHOLIC BEVERAGE, THE PURCHASER
 OF ANY ALCOHOLIC BEVERAGE MUST  PROVIDE  WRITTEN  EVIDENCE  OF  AGE.  NO
 LICENSEE,  OR  AGENT OR EMPLOYEE OF A LICENSEE UNDER THIS CHAPTER, SHALL
 ACCEPT AS WRITTEN EVIDENCE OF AGE BY ANY SUCH PERSON FOR THE PURCHASE OF
 ANY ALCOHOLIC BEVERAGE, ANY DOCUMENTATION OTHER THAN: (A) A VALID  DRIV-
 ER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD ISSUED BY THE COMMISSION-
 ER OF MOTOR VEHICLES, THE FEDERAL GOVERNMENT, ANY UNITED STATES TERRITO-
 RY,  COMMONWEALTH  OR  POSSESSION,  THE  DISTRICT  OF  COLUMBIA, A STATE
 GOVERNMENT WITHIN THE UNITED STATES OR A PROVINCIAL  GOVERNMENT  OF  THE
 DOMINION  OF CANADA, OR (B) A VALID PASSPORT ISSUED BY THE UNITED STATES
 GOVERNMENT OR ANY OTHER COUNTRY, OR (C) AN IDENTIFICATION CARD ISSUED BY
 THE ARMED FORCES OF THE UNITED STATES.
   § 7. Paragraph (a) of subdivision 14 of section 105 of  the  alcoholic
 beverage control law, as amended by section 1 of part U of chapter 63 of
 the laws of 2003, is amended to read as follows:

 S. 3112                             5
 
   (a)  No  premises licensed to sell liquor and/or wine for off-premises
 consumption shall be permitted to remain open:
   (i)  On  Sunday  before  [twelve  o'clock post meridian] EIGHT O'CLOCK
 ANTEMERIDIAN and after nine o'clock post meridian.
   (ii) On any day between [midnight and] THREE O'CLOCK ANTEMERIDIAN  AND
 eight o'clock antemeridian.
   [(iii) On the twenty-fifth day of December, known as Christmas day.]
   In  any  community  where daylight saving time is in effect, such time
 shall be deemed the standard time for the purpose of this subdivision.
   § 8. Section 105 of the alcoholic beverage control law is  amended  by
 adding a new subdivision 24 to read as follows:
   24. COOPERATIVE AGREEMENTS BY LICENSEES TO SELL AT RETAIL FOR CONSUMP-
 TION  ON THE PREMISES. ANY TWO OR MORE RETAIL LICENSEES FOR OFF-PREMISES
 CONSUMPTION MAY JOIN IN A COOPERATIVE AGREEMENT TO MAKE JOINT  PURCHASES
 OF  ALCOHOLIC  BEVERAGES  IN  LARGER  QUANTITIES THAN MIGHT OTHERWISE BE
 PURCHASED; PROVIDED, HOWEVER, THAT  ALL  ALCOHOLIC  BEVERAGES  PURCHASED
 PURSUANT TO ANY SUCH AGREEMENT SHALL BE DISTRIBUTED TO NONE OTHER THAN A
 LICENSEE WHO IS A PARTY TO SUCH AGREEMENT.
   § 9. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage
 control  law, as amended by chapter 458 of the laws of 1993, are amended
 to read as follows:
   3-a. No licensee or permittee shall purchase or agree to purchase  any
 alcoholic  beverages  from  any  person within the state who is not duly
 licensed to sell such alcoholic beverage as the case may be, at the time
 of such agreement and sale nor give any order for any alcoholic beverage
 to any individual who is not the holder of a solicitor's permit,  except
 as  provided for in section eighty-five [or], ninety-nine-g, OR SEVENTY-
 NINE-E, OR SUBDIVISION TEN OF SECTION SIXTY-THREE of this chapter.
   3-b. No retail licensee shall purchase, agree to purchase  or  receive
 any  alcoholic  beverage  except  from a person duly licensed within the
 state by the liquor authority to sell such  alcoholic  beverage  at  the
 time  of  such  agreement  and  sale  to such retail licensee, except as
 provided for in section eighty-five  [or],  ninety-nine-g,  OR  SEVENTY-
 NINE-E, OR SUBDIVISION TEN OF SECTION SIXTY-THREE of this chapter.
   §  10.  Subdivision  2 of section 79 of the alcoholic beverage control
 law is amended to read as follows:
   2. [Not more than one license shall be] NOTHING IN THIS SECTION  SHALL
 BE  CONSTRUED  TO  PROHIBIT  MULTIPLE LICENSES FROM BEING granted to any
 person under this section.
   § 11. Subdivision 2 of section 105 of the alcoholic  beverage  control
 law is REPEALED.
   §  12.  Subdivision 7 of section 105 of the alcoholic beverage control
 law is REPEALED.
   § 13. The alcoholic beverage control law is amended by  adding  a  new
 section 79-e to read as follows:
   § 79-E. GROCERY OR DRUG STORE WINE LICENSE. 1. ANY PERSON MAY APPLY TO
 THE  AUTHORITY  FOR A LICENSE TO SELL FROM THE LICENSED PREMISES WINE IN
 SEALED CONTAINERS FOR CONSUMPTION OFF SUCH PREMISES.
   2. NO SUCH LICENSE SHALL BE ISSUED, HOWEVER, TO  ANY  PERSON  FOR  ANY
 PREMISES  OTHER THAN A GROCERY STORE, AS DEFINED IN SUBDIVISION THIRTEEN
 OF SECTION THREE OF THIS CHAPTER, OR A DRUG STORE, AS DEFINED IN  SUBDI-
 VISION TWELVE OF SECTION THREE OF THIS CHAPTER.
   3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, EXCEPT FOR
 GOOD CAUSE SHOWN, THE AUTHORITY SHALL ISSUE A GROCERY OR DRUG STORE WINE
 LICENSE  TO  THE HOLDER OF A LICENSE TO SELL BEER AT RETAIL FOR CONSUMP-
 TION OFF THE PREMISES PURSUANT TO SECTION FIFTY-FOUR OF THIS CHAPTER, OR

 S. 3112                             6
 
 BEER AND WINE PRODUCTS AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSU-
 ANT TO SECTION FIFTY-FOUR-A OF THIS CHAPTER,  AT  THE  REQUEST  OF  SUCH
 LICENSEE,  OR  TO THE HOLDER OF A WHOLESALER'S LICENSE ISSUED OR RENEWED
 PRIOR  TO  JULY FIRST, NINETEEN HUNDRED SIXTY, AND THEREAFTER RENEWED OR
 TRANSFERRED, WHICH AUTHORIZES THE HOLDER THEREOF TO SELL BEER AT  RETAIL
 TO A PERSON FOR CONSUMPTION IN HIS OR HER HOME.
   (B)  FOR THE PURPOSES OF THIS SUBDIVISION, THE PREMISES OF THE GROCERY
 OR DRUG STORE WINE LICENSEE SHALL BE THE SAME AS THE  PREMISES  LICENSED
 UNDER SECTION FIFTY-FOUR OR FIFTY-FOUR-A OF THIS CHAPTER.
   (C)  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY LICENSE
 ISSUED PURSUANT TO THIS SECTION SHALL RUN CONCURRENTLY WITH THE UNDERLY-
 ING LICENSE UNDER SECTION FIFTY-FOUR OR FIFTY-FOUR-A  OF  THIS  CHAPTER,
 AND  SHALL  BE  DEEMED  EXPIRED  AT  SUCH TIME AS THE UNDERLYING LICENSE
 EXPIRES.
   (D) WINE TASTING. ANY PERSON LICENSED TO SELL WINE  PURSUANT  TO  THIS
 ARTICLE SHALL BE PERMITTED TO CONDUCT WINE TASTINGS. WINE TASTINGS WHICH
 ARE  CONDUCTED UNDER THE AUSPICES OF AN OFFICIAL AGENT OF A FARM WINERY,
 WINERY, WHOLESALER, OR IMPORTER AND WHERE SUCH AGENT IS PHYSICALLY PRES-
 ENT AT ALL TIMES DURING THE CONDUCT OF THE TASTING, THEN, IN THAT EVENT,
 ANY LIABILITY STEMMING FROM A RIGHT OF  ACTION  RESULTING  FROM  A  WINE
 TASTING  AS  AUTHORIZED PURSUANT TO THIS SECTION, AND IN ACCORDANCE WITH
 THE PROVISIONS OF SECTIONS 11-100 AND 11-101 OF THE GENERAL  OBLIGATIONS
 LAW, SHALL ACCRUE TO THE FARM WINERY, WINERY, WHOLESALER, OR IMPORTER.
   4.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE AUTHORITY
 MAY ISSUE A LICENSE UNDER THIS SECTION TO THE HOLDER  OF  A  LICENSE  TO
 SELL WINE AT RETAIL FOR CONSUMPTION OFF THE PREMISES PURSUANT TO SECTION
 SEVENTY-NINE  OF THIS ARTICLE, PROVIDED THAT: (A) THE LICENSEE MEETS THE
 REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION; AND (B)  UPON  ISSUANCE
 OF  A  LICENSE,  THE  LICENSEE UNDER THIS SECTION SURRENDERS THE LICENSE
 CERTIFICATE ISSUED PURSUANT TO SUCH SECTION SEVENTY-NINE.
   5. SUCH APPLICATION SHALL BE IN  SUCH  FORM  AND  SHALL  CONTAIN  SUCH
 INFORMATION AS SHALL BE REQUIRED BY THE RULES OF THE AUTHORITY AND SHALL
 BE  ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY THIS ARTI-
 CLE FOR SUCH LICENSE.
   6. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS  CHAPTER,  ANY  PERSON
 RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE
 PROVISIONS  OF SUBDIVISION TWO, THREE OR FOUR OF SECTION SEVENTY-NINE OF
 THIS ARTICLE.
   7. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS  CHAPTER,  ANY  PERSON
 RECEIVING A LICENSE PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO THE
 PROVISIONS  OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION ONE HUNDRED
 FIVE OF THIS CHAPTER.
   8. (A) A ONE-TIME FRANCHISE FEE SHALL  BE  PAID  FOR  BY  EACH  RETAIL
 OUTLET  TO  THE  STATE  LIQUOR  AUTHORITY.  THIS FRANCHISE FEE IS HEREBY
 IMPOSED AT A RATE OF 0.46 OF ONE PERCENT OF THE TOTAL GROSS SALES AT THE
 INDIVIDUAL LICENSED PREMISES OF THE LICENSEE IN THE PREVIOUS YEAR.
   (B) IN THE EVENT AN APPLICANT HAS  BEEN  IN  BUSINESS  FOR  LESS  THAN
 TWELVE  MONTHS  PRIOR TO THE FILING OF THE APPLICATION FOR THIS LICENSE,
 SUCH APPLICANT SHALL, IN ACCORDANCE WITH THE  RULES  OF  THE  AUTHORITY,
 REMIT  AN  ESTIMATE  OF  ITS  FRANCHISE FEE BASED ON SQUARE FOOTAGE AT A
 LICENSEE'S LOCATION PURSUANT TO THE FOLLOWING SCHEDULE:
 SQUARE FOOTAGE AT             FRANCHISE FEE
 LICENSEE'S LOCATION           PER LOCATION
         0-999                 $825
   1,000-1,999                 $1,650
   2,000-3,999                 $3,300

 S. 3112                             7
 
   4,000-9,999                 $8,250
 10,000-19,999                 $16,500
 20,000-24,999                 $33,000
 25,000-29,999                 $82,500
 30,000-39,999                 $132,000
 40,000 AND GREATER            $495,000
   WITHIN  SIXTY DAYS AFTER SUCH LICENSEE SHALL HAVE BEEN IN BUSINESS FOR
 TWELVE MONTHS, SUCH LICENSEE SHALL SUBMIT TO THE AUTHORITY,  IN  ACCORD-
 ANCE  WITH  THE  RULES  OF THE AUTHORITY, A STATEMENT SHOWING ITS ACTUAL
 TOTAL GROSS SALES FOR THE FIRST TWELVE MONTHS OF OPERATION AND THE FRAN-
 CHISE FEE DUE PURSUANT TO PARAGRAPH (A)  OF  THIS  SUBDIVISION.  IN  THE
 EVENT  THE  FRANCHISE  FEE DETERMINED PURSUANT TO SUCH PARAGRAPH EXCEEDS
 THE AMOUNT PAID PURSUANT TO THIS PARAGRAPH,  THE  LICENSEE  SHALL  REMIT
 PAYMENT  FOR  THE  BALANCE  OF  THE  REQUIRED  FRANCHISE FEE WITHIN SUCH
 SIXTY-DAY PERIOD. FAILURE TO REMIT PAYMENT WITHIN SUCH SIXTY-DAY  PERIOD
 SHALL  BE GROUNDS FOR CANCELLATION OR REVOCATION OF SUCH LICENSE. IN THE
 EVENT THAT THE FRANCHISE FEE DUE  PURSUANT  TO  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION IS LESS THAN THE AMOUNT PAID PURSUANT TO THIS PARAGRAPH, THE
 LICENSEE  SHALL  BE ENTITLED TO A REFUND EQUAL TO THE DIFFERENCE BETWEEN
 THE FRANCHISE FEE PAID PURSUANT TO THIS PARAGRAPH  AND  THE  AMOUNT  DUE
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (C)  NO  LICENSE  SHALL  BE  ISSUED PURSUANT TO THIS SECTION UNTIL THE
 FRANCHISE FEE OR ESTIMATED FRANCHISE FEE UNDER THIS SUBDIVISION REQUIRED
 BY EITHER PARAGRAPH (A) OR (B) OF THIS  SUBDIVISION  HAS  BEEN  PAID  IN
 FULL.
   (D)  THE  FRANCHISE FEE SHALL BE DEPOSITED AND DISPOSED OF IN THE SAME
 MANNER AS ANY LICENSE FEE AS PROVIDED IN SECTION ONE HUNDRED TWENTY-FIVE
 OF THIS CHAPTER.
   9. (A) ANY PERSON LICENSED  TO SELL WINE PURSUANT TO THIS ARTICLE THAT
 OPERATES THE PREMISES OF THE GROCERY OR DRUG STORE  WINE  LICENSEE  THAT
 OCCUPIES  LESS  THAN  ONE  THOUSAND  SQUARE  FEET MAY PURCHASE, AGREE TO
 PURCHASE OR RECEIVE ANY ALCOHOLIC BEVERAGE FROM A PERSON LICENSED  UNDER
 SECTION  SIXTY-THREE  OF  THIS  CHAPTER  TO  SELL  LIQUOR  AT RETAIL FOR
 CONSUMPTION OFF THE PREMISES.
   (B) ANY PERSON LICENSED TO SELL WINE AT RETAIL FOR CONSUMPTION OFF THE
 PREMISES UNDER SECTION SEVENTY-NINE OF THIS  ARTICLE  IS  AUTHORIZED  TO
 SELL  WINE  TO PERSONS LICENSED TO SELL WINE UNDER THIS ARTICLE AND THIS
 SECTION WHO OPERATE THE PREMISES OF  THE  GROCERY  OR  DRUG  STORE  WINE
 LICENSEE THAT OCCUPIES LESS THAN ONE THOUSAND SQUARE FEET.
   10.  THE STATE LIQUOR AUTHORITY MAY MAKE SUCH RULES AS IT DEEMS NECES-
 SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION,  HOWEVER,  SUCH  RULES
 SHALL  NOT BE CONSTRUED TO PLACE ADDITIONAL LIMITATIONS UPON THE HOLDERS
 OF LICENSES ISSUED PURSUANT TO  SECTION  SEVENTY-NINE  OF  THIS  ARTICLE
 UNRELATED TO THE SALE OF WINE.
   §  14. Subdivision 10 of section 105 of the alcoholic beverage control
 law, paragraph (a) as amended by chapter 679 of the  laws  of  1950,  is
 amended to read as follows:
   10.  [(a)] Each retail licensee of liquor and/or wine for off-premises
 consumption shall have conspicuously displayed within  the  interior  of
 the  licensed  premises where sales are made and where it can be readily
 inspected by consumers a printed price list of the liquors and/or  wines
 offered for sale therein; and no liquor and/or wine shall be sold except
 at the price set forth in such list[;
   (b)  No  screen,  blind, curtain, partition, article or thing shall be
 permitted in the windows or upon the doors of  such  licensed  premises,

 S. 3112                             8

 which  shall  prevent  a  clear  view into the interior of such licensed
 premises from the sidewalk, at all times; and
   (c)  No booth, screen, partition or other obstruction shall be permit-
 ted in the interior of said licensed premises].
   § 15. The alcoholic beverage control law is amended by  adding  a  new
 section 97-c to read as follows:
   §  97-C.  TEMPORARY RETAIL PERMIT FOR NEW APPLICANTS. 1. THE AUTHORITY
 IS HEREBY AUTHORIZED TO ISSUE A TEMPORARY RETAIL PERMIT TO AN  APPLICANT
 OF A PREMISES THAT IS NOT LICENSED WHEN THE APPLICANT HAS FILED WITH THE
 AUTHORITY  AN  APPLICATION  FOR A RETAIL LICENSE AT SUCH PREMISES OR HAS
 FILED RENEWAL OF SUCH LICENSE. SUCH APPLICATION SHALL BE IN WRITING  AND
 VERIFIED  AND  SHALL CONTAIN INFORMATION AS THE AUTHORITY SHALL REQUIRE.
 SUCH APPLICATION SHALL BE ACCOMPANIED BY A FILING  FEE  OF  SEVENTY-FIVE
 DOLLARS.
   2.  UPON  APPLICATION,  THE  AUTHORITY  SHALL ISSUE A TEMPORARY RETAIL
 PERMIT WHEN THE APPLICANT HAS FILED WITH THE  AUTHORITY  AN  APPLICATION
 FOR  A  RETAIL  LICENSE  AT SUCH PREMISES OR A RENEWAL THEREOF, TOGETHER
 WITH ALL REQUIRED FILING AND LICENSE FEES. A TEMPORARY PERMIT ISSUED  BY
 THE  AUTHORITY  PURSUANT  TO  THIS  SECTION SHALL BE FOR A PERIOD NOT TO
 EXCEED NINETY DAYS. A TEMPORARY PERMIT MAY BE EXTENDED AT THE DISCRETION
 OF THE AUTHORITY, FOR AN ADDITIONAL THIRTY DAYS.
   3. PURSUANT TO THIS SECTION A  TEMPORARY  RETAIL  PERMIT  MAY  NOT  BE
 ISSUED FOR ANY PREMISES THAT IS IN VIOLATION OF THE PROVISIONS OF SUBDI-
 VISION  SEVEN OF SECTION SIXTY-FOUR, SUBDIVISION SEVEN OF SECTION SIXTY-
 FOUR-A, SUBDIVISION FIVE OF SECTION SIXTY-FOUR-B, SUBDIVISION ELEVEN  OF
 SECTION  SIXTY-FOUR-C,  SUBDIVISION  EIGHT  OF  SECTION  SIXTY-FOUR-D OR
 SUBDIVISION THREE OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER.
   4. A TEMPORARY RETAIL PERMIT IS A CONDITIONAL PERMIT AND SHALL AUTHOR-
 IZE THE HOLDER THEREOF TO, IN THE CASE OF ALL OTHER RETAIL APPLICATIONS,
 PURCHASE AND SELL SUCH ALCOHOLIC BEVERAGES AS WOULD BE PERMITTED  TO  BE
 PURCHASED  AND  SOLD UNDER THE PRIVILEGES OF THE LICENSE APPLIED FOR; TO
 SELL ALCOHOLIC BEVERAGES TO CONSUMERS ONLY AND NOT FOR  RESALE;  AND  TO
 PURCHASE  ALCOHOLIC  BEVERAGES  ONLY BY PAYMENT IN CURRENCY OR CHECK FOR
 SUCH ALCOHOLIC BEVERAGES ON OR BEFORE THEY ARE DELIVERED TO  SUCH  PREM-
 ISES.
   5.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A TEMPORARY PERMIT MAY
 BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE AUTHORITY  DETER-
 MINES  THAT  GOOD  CAUSE FOR SUCH CANCELLATION OR SUSPENSION EXISTS. THE
 AUTHORITY SHALL PROMPTLY NOTIFY THE HOLDER  OF  A  TEMPORARY  PERMIT  IN
 WRITING  OF  SUCH  CANCELLATION  OR  SUSPENSION  AND SHALL SET FORTH THE
 REASONS FOR SUCH ACTION.
   6. APPROVAL OF, OR EXTENSION OF, A TEMPORARY RETAIL LICENSE SHALL  NOT
 BE DEEMED AS AN APPROVAL OF THE RETAIL APPLICATION.
   7.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 THE AUTHORITY MAY PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECES-
 SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 16. Paragraph (b) 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:
   (b) No brand of liquor or wine shall be sold  to  or  purchased  by  a
 retailer  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

 S. 3112                             9
 
 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 retailers, the net bottle and case
 price paid by the seller, which prices, in each instance, shall be indi-
 vidual  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. FOR PURPOSES OF THIS PARAGRAPH, IN REGARDS TO PREMISES LICENSED
 UNDER SECTION SIXTY-THREE  OF  THIS  CHAPTER,  "COMBINATION"  SHALL  NOT
 INCLUDE WINES PROVIDED BY THE SAME VINEYARD OR DISTRIBUTOR TO A RETAILER
 AND  WHERE  SUCH  WINES  MAY  BE DIFFERENT. Such brand of liquor or wine
 shall not be sold to retailers 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 inconsistent with the purpose of
 this chapter. Such schedule shall be transmitted  by  each  manufacturer
 selling  such  brand  to  retailers  and by each wholesaler selling such
 brand to retailers.
   § 17. This act shall take effect on  the  one  hundred  eightieth  day
 after it shall have become a law.