S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3568--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations -- recommitted to the Committee on Investigations  and
   Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
   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, maraschino cherries,  and  dealcoholized
   wine 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04439-05-4
              

 S. 3568--A                          2
 
 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; (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,  MARASCHINO
 CHERRIES,  OR DEALCOHOLIZED WINE.  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 consum-
 ers 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];
 S. 3568--A                          3
 
   (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) MARASCHINO CHERRIES; OR
   (XII) DEALCOHOLIZED WINE.
   (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
 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.