S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6038--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment  and  Small  Business  --  committee  discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the alcoholic beverage control law, in relation  to  the
   sale of tonic water, bitters and maraschino cherries at liquor stores
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 ANY OF  THE  FOLLOWING  SHALL
 NOT  CONSTITUTE  ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF THIS
 SUBDIVISION:
   (A) lottery tickets, when duly authorized and lawfully conducted[, the
 sale of];
   (B) reusable bags as defined in section 27-2801 of  the  environmental
 conservation law[, the sale of];
   (C) corkscrews [or the sale of];
   (D) ice [or the sale of];
   (E)  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,];
   (F) non-flavored mineral waters, spring waters and drinking waters [or
 the sale of];
   (G) 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];
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06478-06-1

 S. 6038--A                          2
 
   (H) gift bags, gift boxes, ASSOCIATED PROMOTIONAL ITEMS  or  wrapping,
 for  alcoholic  beverages  purchased at the licensed premises [shall not
 constitute engaging in another  business  within  the  meaning  of  this
 subdivision];
   (I) TONIC WATER;
   (J) BITTERS; AND
   (K) MARASCHINO CHERRIES.
   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 educa-
 tional 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.
   §  2.  Paragraph  (a) of subdivision 1 of section 104 of the alcoholic
 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)
 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

 S. 6038--A                          3
 
 WITH  WINE OR SPIRIT PRODUCTS, TONIC WATER, BITTERS AND MARASCHINO CHER-
 RIES. 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  consumers  to carry out banking trans-
 actions, including but not limited to, account transfers, deposits, cash
 withdrawals, balance inquiries and loan payments.
   § 3. 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.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.