S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10023
 
                           I N  A S S E M B L Y
 
                                May 1, 2024
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Economic Development
 
 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.  Paragraph (a) of subdivision 1 of section 104 of the alco-
 holic beverage control law, as amended by chapter  24  of  the  laws  of
 2024, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04439-04-4
 A. 10023                            2
 
 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; (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 or a  wine
 wholesaler from transporting or selling gifts or promotional items asso-
 ciated  with wine or liquor products as provided for in subdivision four
 of section sixty-three of this chapter; OR (7) PROHIBIT A LIQUOR  WHOLE-
 SALER  FROM  TRANSPORTING OR SELLING TONIC WATER, BITTERS, OR MARASCHINO
 CHERRIES.   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
 transactions, including but not limited to, account transfers, deposits,
 cash withdrawals, balance inquiries and loan payments.
   § 2. Subdivision 4 of section 63 of  the  alcoholic  beverage  control
 law, as amended by chapter 24 of the laws of 2024, is amended 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  ANY  OF  THE  FOLLOWING
 SHALL  NOT CONSTITUTE ENGAGING IN ANOTHER BUSINESS WITHIN THE MEANING OF
 THIS SUBDIVISION:
   (I) lottery tickets, when duly authorized and lawfully conducted[, the
 sale of];
   (II) reusable bags as defined in section 27-2801 of the  environmental
 conservation law[, the sale of];
   (III) corkscrews [or the sale of];
   (IV) ice [or the sale of];
   (V)  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,];
   (VI) non-flavored mineral waters, spring waters  and  drinking  waters
 [or the sale of];
   (VII)  glasses  designed  for the consumption of wine or liquor, 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];
   (VIII) gift bags, gift boxes, associated gift or 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];
   (IX) TONIC WATER;
   (X) BITTERS;
   (XI) OR MARASCHINO CHERRIES.
   (B) 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
 A. 10023                            3
 
 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.
   (C)  For the purposes of this section, gift or promotional items shall
 only include those items that are complimentary and directly  associated
 with  the  sale of wine or liquor they are promoting and shall mean: (i)
 items that are de minimis in value, but in no instance shall merchandise
 be valued at more than fifteen dollars in total;  (ii)  items  that  are
 imprinted  with the wine or liquor brand logo on the gift or promotional
 item; and (iii) items that are included as part of a  manufactured  pre-
 sealed package with the wine or liquor that is being gifted or promoted.
 Further,  for  the purposes of this section, promotional items shall not
 include any food, non-alcoholic beverage, or other drink  or  food  mix,
 nor shall these items be offered for sale to the general public as indi-
 vidual items.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.