Assembly Bill A7637

2023-2024 Legislative Session

Relates to authorizing certain sales of private label wine

download bill text pdf

Sponsored By

Current Bill Status - Stricken

  • 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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2023-A7637 (ACTIVE) - Details

Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3, 101-b & 106, ABC L

2023-A7637 (ACTIVE) - Summary

Authorizes certain restaurants to sell sealed bottles of private label wine for off-premises consumption with the purchase of a substantial food item.

2023-A7637 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7637
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 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
   private label wine
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 3 of the alcoholic beverage control law is  amended
 by adding a new subdivision 23-a to read as follows:
   23-A. "PRIVATE LABEL" MEANS AN ALCOHOLIC BEVERAGE WITH A BRAND NAME OR
 TRADE  NAME  LABEL  THAT IS EXCLUSIVELY OWNED BY A LICENSED RETAILER, OR
 OWNED BY AN ENTITY THAT HAS GRANTED A RETAILER THE LEGAL  RIGHT  TO  USE
 SUCH  BRAND  NAME  OR TRADE NAME, AND SUCH ALCOHOLIC BEVERAGE IS SOLD AT
 RETAIL WITHIN THE STATE EXCLUSIVELY BY SUCH RETAILER; PROVIDED, HOWEVER,
 THAT PRIVATE LABEL WINE MAY ALSO BE SOLD BY LICENSEES THAT ARE  COMMONLY
 OWNED AFFILIATES OF SUCH RETAILER.
   §  2. Paragraph (c) of subdivision 3 of section 101-b of the alcoholic
 beverage control law, as amended by chapter 531 of the laws of 1964,  is
 amended to read as follows:
   (c)  Provided however, nothing contained in this section shall require
 any manufacturer or wholesaler to list ANY PRIVATE LABEL in any schedule
 to be filed pursuant to this section [any item offered  for  sale  to  a
 retailer  under  a  brand which is owned exclusively by one retailer and
 sold at retail within the state exclusively by such retailer].
   § 3. Subdivision 3 of section 106 of the  alcoholic  beverage  control
 law,  as  amended by chapter 297 of the laws of 2016, is amended to read
 as follows:
   3. 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; PROVIDED, HOWEVER, NOTWITHSTANDING ANY LAW TO THE CONTRARY,
 A RESTAURANT LICENSED TO SELL WINE UNDER THIS CHAPTER  MAY  SELL  SEALED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11655-01-3

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