S T A T E   O F   N E W   Y O R K
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                                   5357
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   allowing bed and breakfasts to sell cider, liquor, beer and wine

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  section  51 of the alcoholic beverage
 control law, as amended by chapter 431 of the laws of 2014,  is  amended
 to read as follows:
   4. A licensed brewery may operate a restaurant, A hotel, AN ESTABLISH-
 MENT  DESIGNATED AND COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST,
 A catering establishment, or other food and drinking establishment in or
 adjacent to the licensed premises and sell at such place, at retail  for
 consumption  on  the premises, beer manufactured by the licensee and any
 New York state labeled beer. All of the provisions of this chapter rela-
 tive to licenses to sell beer at retail for consumption on the  premises
 shall  apply so far as applicable to such licensee.  Notwithstanding any
 other provision of law, the licensed brewer  may  apply  to  the  liquor
 authority  for  a  license  to  sell  beer, wine or liquor at retail for
 consumption on the premises at such establishment. All of the provisions
 of this chapter relative to licenses to sell beer,  wine  or  liquor  at
 retail  for consumption on the premises shall apply so far as applicable
 to such application.
   § 2.  Paragraph (g) of subdivision 2 of section 51-a of the  alcoholic
 beverage  control law, as amended by chapter 522 of the laws of 2018, is
 amended to read as follows:
   (g) operate a restaurant, A hotel,  AN  ESTABLISHMENT  DESIGNATED  AND
 COMMONLY  KNOWN  AND  OPERATED AS A BED AND BREAKFAST, A catering estab-
 lishment, or other food and drinking establishment in or adjacent to the
 licensed premises and sell at such place, at retail for  consumption  on
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07006-01-3
              

 S. 5357                             2
 
 the  premises, beer, cider, and braggot manufactured by the licensee and
 any New York state labeled beer, New York state labeled braggot  or  New
 York state labeled cider. All of the provisions of this chapter relative
 to  licenses  to sell beer, cider, and braggot at retail for consumption
 on and off the premises shall apply so far as applicable to such  licen-
 see.    Notwithstanding  any  other  provision of law, the licensed farm
 brewery may apply to the authority for a license under this  chapter  to
 sell other alcoholic beverages at retail for consumption on the premises
 at such establishment;
   §  3.  Subparagraph  (ii) of paragraph (f) of subdivision 2 of section
 58-c of the alcoholic beverage control law, as amended by chapter 431 of
 the laws of 2014, is amended to read as follows:
   (ii) operate a restaurant, A hotel, AN  ESTABLISHMENT  DESIGNATED  AND
 COMMONLY  KNOWN  AND  OPERATED AS A BED AND BREAKFAST, A catering estab-
 lishment, or other food and drinking establishment in or adjacent to the
 licensed premises and sell at such place, at retail for  consumption  on
 the  premises, cider manufactured by the licensee and any New York state
 labeled cider. All of the provisions of this chapter relative to  licen-
 sees  to  selling cider at retail shall apply. Notwithstanding any other
 provision of law, the licensed farm cidery may apply  to  the  authority
 for  a  license  under this chapter to sell other alcoholic beverages at
 retail for consumption on the premises at such establishment;
   § 4. Subparagraph (ii) of paragraph (e) of subdivision 2-c of  section
 61  of  the alcoholic beverage control law, as amended by chapter 431 of
 the laws of 2014, is amended to read as follows:
   (ii) operate a restaurant, A hotel, AN  ESTABLISHMENT  DESIGNATED  AND
 COMMONLY  KNOWN  AND  OPERATED AS A BED AND BREAKFAST, A catering estab-
 lishment, or other food and drinking establishment in or adjacent to the
 licensed premises and sell at such place, at retail for  consumption  on
 the premises, liquor manufactured by the licensee and any New York state
 labeled  liquor.  All  of  the  provisions  of  this chapter relative to
 licenses to sell liquor at retail for consumption on the premises  shall
 apply  so  far as applicable to such licensee. Notwithstanding any other
 provision of law, the licensee may apply to the authority for a  license
 under  this  chapter  to  sell  other  alcoholic beverages at retail for
 consumption on the premises at such establishment.
   § 5. Subdivision 5-a of section 64 of the alcoholic  beverage  control
 law,  as added by chapter 480 of the laws of 2003, is amended to read as
 follows:
   5-a. Notwithstanding  the  provisions  of  subdivision  five  of  this
 section,  a liquor license may be issued under this section to an estab-
 lishment designated and commonly known and operated as a "bed and break-
 fast" regardless of whether or not a  restaurant  is  operated  in  such
 establishment[, provided that such license shall only permit the sale of
 alcoholic beverages to overnight guests of such establishment].
   §  6.  Subdivision 4-a of section 76 of the alcoholic beverage control
 law, as amended by chapter 522 of the laws of 2018, is amended  to  read
 as follows:
   4-a.  A  licensed  winery may operate a restaurant, A hotel, AN ESTAB-
 LISHMENT DESIGNATED AND COMMONLY KNOWN AND OPERATED AS A BED AND  BREAK-
 FAST, A catering establishment, or other food and drinking establishment
 in  or  adjacent  to  the  licensed  premises and sell at such place, at
 retail for consumption on the premises, wine,  mead  and  wine  products
 manufactured  by  the licensee and any New York state labeled wine, mead
 or New York state labeled wine product. All of the  provisions  of  this
 chapter  relative  to licenses to sell wine at retail for consumption on
 S. 5357                             3
 
 the premises  shall  apply  so  far  as  applicable  to  such  licensee.
 Notwithstanding  any  other  provision  of  law, the licensed winery may
 apply to the authority for a license under article four of this  chapter
 to sell other alcoholic beverages at retail for consumption on the prem-
 ises at such establishment.
   §  7.  Paragraph (f) of subdivision 2 of section 76-a of the alcoholic
 beverage control law, as amended by chapter 522 of the laws of 2018,  is
 amended to read as follows:
   (f)  operate  a  restaurant,  A hotel, AN ESTABLISHMENT DESIGNATED AND
 COMMONLY KNOWN AND OPERATED AS A BED AND BREAKFAST,  A  catering  estab-
 lishment, or other food and drinking establishment in or adjacent to the
 licensed  premises  and sell at such place, at retail for consumption on
 the premises, wine, cider, and mead manufactured by the licensee and any
 New York state labeled wine, New York  state  labeled  cider,  New  York
 state  labeled  mead  or New York state labeled wine product. All of the
 provisions of this chapter relative to licenses to sell wine  at  retail
 for consumption on the premises shall apply so far as applicable to such
 licensee.  Notwithstanding any other provision of law, the licensed farm
 winery  may  apply  to the authority for a license under this chapter to
 sell other alcoholic beverages at retail for consumption on the premises
 at such establishment.
   § 8. This act shall take effect immediately.