NY State Senate Bill 2021-S589A

Senate Bill S589A

2021-2022 Legislative Session

Permits 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 consumption

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2021	print number 589a
May 25, 2021	amend (t) and recommit to investigations and government operations
Jan 06, 2021	referred to investigations and government operations

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S589 - Details

See Assembly Version of this Bill:: A7732
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control
Versions Introduced in 2019-2020 Legislative Session:: S8565

2021-S589 - Summary

Permits 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 and licensed by the state liquor authority, to sell for takeout and deliver alcoholic beverages for off-premises consumption; provides that it shall be unlawful for a retail licensee for on-premises consumption or a manufacturer with retail on-premises consumption privileges, pursuant to this act: to sell for takeout or delivery alcoholic beverages in quantities greater than otherwise permitted by this act, such prohibition shall be inclusive of full bottles of wine, mead or liquor; to advertise or promote the sale of full bottles of wine, mead, or liquor for off-premises consumption; or to display full bottles of wine, mead, or liquor for the purpose of promoting the sale of such products for off-premises consumption.

2021-S589 - Sponsor Memo

                                
 
BILL NUMBER: S589

SPONSOR: BENJAMIN
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
authorizing retail licensees for on-premises consumption to sell and/or
deliver alcoholic beverages for consumption off the premises

 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
authorizing retail licensees for on-premises consumption to sell and/or
deliver alcoholic beverages for consumption off the premises

 
PURPOSE:

The purpose of this bill is to permit retailers licensed for on-premises
consumption, such as bars and restaurants, to sell and/or deliver wine,
mead or liquor for consumption off the premises, subject to certain
restrictions.

 
SUMMARY OF PROVISIONS:

Section one amends section 106, subdivision 3 of the alcohol control law
by creating subdivision 3-a as follows:  Upon the approval of the SLA, a
retail licensee for on-premises consumption may sell and/or deliver
wine, mead, or liquor for consumption off the premises where sold.

Such licensee may only sell and/or deliver for off-premise consumption
those alcoholic beverages containing wine, mead, or liquor for which the
retailer is licensed, and when all of the following conditions are met:

- with the purchase of food
- during the licensed hours of operation
-consistent with municipal open container ordinances
- in a closed or sealed container not to exceed the following volumes:
- 5 fluid ounces for wine or mead
- 32 fluid ounces for wine or mead mixed with non-alcoholic beverages
-10 fluid ounces for liquor mixed with non-alcoholic beverages

Delivery shall be permitted in a vehicle permitted by the SLA, or owned
and operated by the licensee or its employee with a copy of current
issued license on his/her person.

Section two is the enacting clause.

 
EXISTING LAW:

 
JUSTIFICATION:

The 2019 novel coronavirus took an immense toll on the restaurant and
hospitality industry in NYS and the future of food service in New York
State is uncertain. More than 50% of businesses are unsure if they will
re-open, and almost 4% predict they will permanently close.  Surveys
conducted by the NYS Restaurant Association and the NYC Hospitality
Alliance attempt to quantify this almost incalculable loss. In NYS, the
food service industry is estimated to have lost $3.6 billion in sales
during April 2020, a 79% percent decline compared to April 2019. Restau-
rants and food service jobs represent 9% of the state's workforce and
more than 527,000 restaurant employees, or about 80%, have been laid off
or furloughed.

In an attempt to alleviate the economic hardships faced by the loss of
revenue for on-premises consumption retailers, Governor Cuomo ordered
the State Liquor Authority to permit the sale of wine, mead, and liquor
for off-site consumption and promulgate guidance for such sales. This
bill continues these privileges beyond the coronavirus emergency PAUSE
order as an additional revenue stream to assist in the restaurant and
food service industry's' immediate recovery and to ensure a healthy and
profitable future.

This bill does not impact the existing ability of on-premises retailers
under the ABC Law to sell beer and cider for off-premises consumption.
Sources: National Restaurant Association Restaurant Impact Survey (April
10-16) NYC Hospitality Business Status Survey (May 2020)

 
LEGISLATIVE HISTORY:

2019-20: S8565/A10534-A

 
FISCAL IMPLICATIONS:

None other than potential increase in revenues for increased sale.

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediate

2021-S589 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    589
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  BENJAMIN,  BROOKS,  GOUNARDES  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Investigations and Government Operations
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   authorizing retail  licensees  for  on-premises  consumption  to  sell
   and/or deliver alcoholic beverages for consumption off the premises
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section  106  of  the  alcoholic  beverage
 control  law,  as amended by chapter 297 of the laws of 2016, is amended
 and a new subdivision 3-a is added to read as follows:
   3. [No] EXCEPT AS PROVIDED IN SUBDIVISION THREE-A OF THIS SECTION,  NO
 retail  licensee for on-premises consumption shall sell, deliver or give
 away, or cause or permit or procure to be sold, delivered or given  away
 any  liquors  and/or  wines for consumption off the premises where sold.
 The provisions of this subdivision shall not prohibit a licensed  winery
 or farm winery from allowing a patron to leave the winery or farm winery
 with  a  partially  consumed bottle of wine provided that the removal of
 the bottle is done in accordance with subdivision four of section eight-
 y-one of this chapter.
   3-A. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
 RETAIL LICENSEE  FOR  ON-PREMISES  CONSUMPTION,  UPON  APPROVAL  BY  THE
 AUTHORITY,  MAY SELL AND/OR DELIVER CERTAIN ALCOHOLIC BEVERAGES CONTAIN-
 ING WINE, MEAD, OR LIQUOR FOR CONSUMPTION OFF THE PREMISES  WHERE  SOLD.
 SUCH LICENSEE MAY ONLY SELL AND/OR DELIVER FOR CONSUMPTION OFF THE PREM-
 ISES ALCOHOLIC BEVERAGES CONTAINING WINE, MEAD, OR LIQUOR FOR WHICH SUCH
 LICENSEE IS LICENSED TO SELL FOR CONSUMPTION ON THE PREMISES.
   (B)  A  RETAIL  LICENSEE FOR ON-PREMISES CONSUMPTION SHALL ONLY PERMIT
 THE SALE OR DELIVERY OF ALCOHOLIC BEVERAGES CONTAINING  WINE,  MEAD,  OR
 LIQUOR:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05034-01-1

 S. 589                              2
 
   (I) WITH THE PURCHASE OF FOOD;
   (II) IN ANY CLOSED OR SEALED CONTAINER NOT TO EXCEED FIVE FLUID OUNCES
 PER  CONTAINER  FOR  WINE OR MEAD, THIRTY-TWO FLUID OUNCES PER CONTAINER
 FOR WINE OR MEAD MIXED WITH NON-ALCOHOLIC BEVERAGES, AND TEN FLUID OUNC-
 ES PER CONTAINER FOR LIQUOR MIXED WITH NON-ALCOHOLIC BEVERAGES, PROVIDED
 SUCH SALE OR DELIVERY IS CONSISTENT WITH MUNICIPAL OPEN CONTAINER  ORDI-
 NANCES; AND
   (III) DURING LICENSED HOURS OF OPERATION.
   (C) DELIVERIES SHALL BE MADE IN:
   (I) A VEHICLE PERMITTED BY THE AUTHORITY; OR
   (II) A VEHICLE OWNED AND OPERATED BY A RETAIL LICENSEE OR ITS EMPLOYEE
 PROVIDED  THE  PERSON  MAKING  THE  DELIVERY  SHALL HAVE UPON HIS OR HER
 PERSON WHILE SO DELIVERING A COPY OF THE CURRENT LICENSE ISSUED  BY  THE
 AUTHORITY.
   (D)  NOTHING  IN  THIS  SUBDIVISION SHALL BE CONSTRUED TO ABROGATE THE
 ABILITY OF A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION TO SELL BEER OR
 CIDER FOR CONSUMPTION OFF THE PREMISES AS PROVIDED FOR IN THIS CHAPTER.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S589A (ACTIVE) - Details

See Assembly Version of this Bill:: A7732
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control
Versions Introduced in 2019-2020 Legislative Session:: S8565

2021-S589A (ACTIVE) - Summary

2021-S589A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S589A

SPONSOR: BENJAMIN
 
TITLE OF BILL:

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 consumption;
and providing for the repeal of such provisions upon expiration thereof

 
PURPOSE:

The purpose of this bill is to permit retailers licensed for on-premises
consumption, such as bars and restaurants, to sell and/or deliver wine,
mead or liquor for consumption off the premises, subject to certain
restrictions.

 
SUMMARY OF PROVISIONS:

Section one amends the unconsolidated law as follows:

Authorizes a retail licensee for retail licensee for on-premises

consumption or a manufacturer with retail on-premises consumption privi-
leges may sell and/or deliver wine, mead, or liquor for consumption off
the premises where sold.

Such licensee may only sell and/or deliver for off-premise consumption
those alcoholic beverages containing wine, mead, or liquor for which the
retailer is licensed, and when all of the following conditions are met:

* with the purchase of a meal or entree and in individually sized serv-
ings that are either in manufactured sealed containers or containers
provided by licensees that meet the requirements of this act not to
exceed the following volumes: up to 2 servings, not to exceed 5 fluid
ounces for wine or mead; ten fluid ounces of wine or mean which shall be
mixed with a non-alcoholic beverage; or up to two servings, not to
exceed 3 fluid ounce which shall be mixed with any non-alcoholic bever-
ages;

* during the licensed hours of operation;

* consistent with municipal open container ordinances;

* in a closed, sealed container with a secure lid designed prevent
consumption without removal of the cap or lid without breaking the seal;

* No full bottles of wine, mead or liquor shall be sold. It shall be
unlawful for a retail licensee for on-premises consumption or a manufac-
turer with retail on-premises consumption privileges, pursuant to this
act: (i) to sell for takeout or delivery alcoholic beverages in quanti-
ties greater than otherwise permitted by this act, such prohibition
shall be inclusive of full bottles of wine, mead or liquor; (ii) to
advertise or promote the sale of full bottles of wine, mead, or liquor
for off-premises consumption; or (iii) to display full bottles of wine,
mead, or liquor for the purpose of promoting the sale of such products
for off-premises consumption.



* Deliveries made via motor vehicle shall only be made in (i) a vehicle
permitted by the authority, or (ii) in a vehicle owned and operated, or
hired and operated, by the licensee or its employee

* Nothing in this act shall be deemed to supersede the provisions of
section 1227 of the vehicle and traffic law.

* Maintains existing ABCL in relation to on-premise retailer's ability
sell beer and cider for off-premises consumption.

Section two is the enacting clause

 
EXISTING LAW:

 
JUSTIFICATION:

The 2019 novel coronavirus took an immense toll on the restaurant and
hospitality industry in NYS and the future of food service in New York
State is uncertain. More than 50% of businesses are unsure if they will
re-open, and almost 4% predict they will permanently close.  Surveys
conducted by the NYS Restaurant Association and the NYC Hospitality
Alliance attempt to quantify this almost incalculable loss. In NYS, the
food service industry is estimated to have lost $3.6 billion in sales
during April 2020, a 79% percent decline compared to April 2019. Restau-
rants and food service jobs represent 9% of the state's workforce and
more than 527,000 restaurant employees, or about 80%, have been laid off
or furloughed.

In an attempt to alleviate the economic hardships faced by the loss of
revenue for on-premises consumption retailers, Governor Cuomo ordered
the State Liquor Authority to permit the sale of wine, mead, and liquor
for off-site consumption and promulgate guidance for such sales. This
bill continues these privileges beyond the coronavirus emergency PAUSE
order as an additional revenue stream to assist in the restaurant and
food service industry's' immediate recovery and to ensure a healthy and
profitable future.

This bill does not impact the existing ability of on-premises retailers
under the ABC Law to sell beer and cider for off-premises consumption.

Sources: National Restaurant Association Restaurant Impact Survey (April
10-16) NYC Hospitality Business Status Survey (May 2020)

 
LEGISLATIVE HISTORY:

2019-20: S8565/A10534-A

 
FISCAL IMPLICATIONS:

None other than potential increase in revenues for increased sale.

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediate

2021-S589A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  589--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. BENJAMIN, BRESLIN, GOUNARDES, JACKSON -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Investigations and Government Operations --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05034-08-1

 S. 589--A                           2
 
 consumption privileges shall only permit the takeout or delivery sale of
 authorized alcoholic beverages:
   (i) only with the purchase of an entree or meal;
   (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.

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Senate Bill S589A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

co-Sponsors

2021-S589 - Details

2021-S589 - Summary

2021-S589 - Sponsor Memo

2021-S589 - Bill Text download pdf

co-Sponsors

2021-S589A (ACTIVE) - Details

2021-S589A (ACTIVE) - Summary

2021-S589A (ACTIVE) - Sponsor Memo

2021-S589A (ACTIVE) - Bill Text download pdf

Comments